| October 6, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, October 6, 2003, 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: W. McGregor Dixon, Jr., Director of Law R.Craig Helmer, City Auditor INVOCATION: given by Council Member Saxton. PUBLIC HEARINGS: At 7:02 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. 0-49-03. Jeff Fox, 238 Riverside Drive, asked for clarification of plans if the rezoning is approved. Gregg Harris, Asst. Development Director, advised that the zoning change is to apply a compatible City zoning classification to City property and a private residential property that had been annexed and R-4 is the zoning the City uses for many parks in Troy, and there are no development plans. There were no further comments in this regard and at 7:05 pm, Mr. Lohrer declared this public hearing closed. At 7:05 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. 0-50-03. Jim Norman, 203 SR 202, asked about the City’s plans for the land as a residential zoning causes neighbors to assume the land will be developed. Mr. Harris advised that the land was annexed with a Township zoning and the rezoning is to apply a comparable City zoning with no change in use. Ruth Ann Kidder, 36 SR 202, asked how the old river channel could be changed, and Mr. Harris stated the only change is the applied City zoning, rather than a Township zoning, and there will be no change in use. Mrs. Kidder asked if anything would be done about the stagnant water. Mr. Harris stated that is not a mater of zoning, but he will relay the comment to the Engineering Division. There were no further comments in this regard and at 7:10 pm, Mr. Lohrer declared this public hearing closed. At 7:10 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. 0-51-03. Mr. Hicks, 345 Oak Street, stated the rezoning was requested to protect the properties as under the current zoning if there was some disaster that destroyed half of the structure, the structure could not be rebuilt as a house. There were no further comments in this regard and at 7:12 pm, Mr. Lohrer declared this public hearing closed. MINUTES: The Clerk gave a summary of the September 15, 2003 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Saxton, seconded by Mr. Bretland, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: FINANCE COMMITTEE: Mr. Beamish, Chairman, reported as follows: 1) Committee discussed an amendment to the TIF Agreement approved by prior legislation for the developer Harson Investments, Ltd. to be solely liable for the Debt Service Deficiencies on the project of Towne Park Drive construction, including Harson establishing a $100,000 reserve fund for the Debt Service Deficiencies as a guaranty, as it is felt this would make the project more marketable. It was noted that no legislative action is required for the change. 2) Committee recommends legislation be prepared authorizing bidding for lime for 2004 and 2005 at a cost not to exceed $232,500 each year, bituminous materials for 2004 at a cost not to exceed $56,100, and the purchase of fuels on the open market as needed. Reports signed by Cultice, Mercer and Beamish. LAW & ORDINANCE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the acceptance of the final plat of Hunters Ridge Section Two, including dedication of right of way and park land. 2) Committee again discussed the roadway name change of Kings Chapel Drive to Kings Chapel Drive South, noting that there were two objections received, and Committee continues to support the change to avoid confusion and recommends Ordinance No. O-48-03 be approved. 3) Committee again reviewed the current provisions regarding vicious dogs and recommends no legislative action be taken at this time. Reports signed by Beamish, Mercer and Saxton. 10-6-03 Page Two RESOLUTION NO. R-68-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE PURCHASE OF SUPPLIES AND MATERIALS This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Wise, Mercer, Cultice, Saxton, Bretland, Baker and Beamish. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Mercer. Yes: Mercer, Cultice, Saxton, Bretland, Baker, Beamish and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-69-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AGREEMENTS FOR THE PURCHASE OF GASOLINE AND FUEL AFTER BIDDING ON THE OPEN MARKET AND AWARDING CONTRACTS ON A LOWEST AND BEST BID BASIS This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Cultice, Saxton, Bretland, Baker, Beamish, Wise and Mercer. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Beamish. Yes: Saxton, Bretland, Baker, Beamish, Wise, Mercer and Cultice. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-48-03 ORDINANCE AUTHORIZING THE NAME CHANGE OF KINGS CHAPEL DRIVE TO KINGS CHAPEL DRIVE SOUTH This Ordinance was given first title reading on 9-15-03. Given second title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Bretland, Baker, Beamish, Wise, Mercer, Cultice and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Baker, Beamish, Wise, Mercer, Cultice, Saxton and Bretland. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-49-03 AN ORDINANCE CHANGING ZONING FOR INLOT 8950 IN THE CITYOF TROY, OHIO FROM COUNTY R-1AA, ONE FAMILY RESIDENTIAL, TO CITY R-4, SINGLE-FAMILY RESIDENCE DISTRICT AND INLOT 9110 IN THE CITY OF TROY, OHIO FROM COUNTY F-1 FLOOD PLAIN, A-2 AGRICULTURE, AND R-3 MULTI-FAMILY RESIDENTIAL DISTRICTS TO R-4 SINGLE FAMILY RESIDENCE DISTRICT. This Ordinance was given first title reading on 9-15-03. Given second title reading. ORDINANCE NO. O-50-03 AN ORDINANCE CHANGING ZONING FOR INLOT 9109 IN THE CITY OF TROY, OHIO FROM COUNTY A-2 AGRICULTURE TO CITY A-R AGRICULTURE-RESIDENTIAL DISTRICT, INLOTS 9071 AND 9075 IN THE CITY OF TROY, OHIO, FROM F-1 FLOOD PLAINTO CITY A-R AGRICULTURE-RESIDENTIAL DISTRICT, INLOTS 9072 AND 9073 IN THE CITY OF TROY, OHIO, FROM COUNTY F-1 FLOOD PLAIN TO CITY WO WELLHEAD OPERATION DISTRICT, AND INLOT 9074 IN THE CITY OF TROY, OHIO, FROM F-1 FLOOD PLAIN TO CITY A AGRICULTURAL DISTRICT. This Ordinance was given first title reading on 9-15-03. Given second title reading. 10-6-03 Page Three ORDINANCE NO. O-51-03 AN ORDINANCE CHANGING ZONING FOR OUTLOTS 1, 2, 20 AND 21, INLOTS 605-610, 945-948, 2392-2396, 2398-2403, AND PART OF INLOT 2397 IN THE CITYOF TROY, OHIO FROM M-2, LIGHT INDUSTRIAL ZONING, TO R-5, SINGLE-FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading on 9-15-03. Given second title reading. ORDINANCE NO. O-52-03 ORDINANCE ACCEPTING THE FINAL PLAT OF HUNTERS RIDGE SECTION TWO, ACCEPTING PARK AND DEDICATING RIGHT-OF-WAY IN THE CITY OF TROY, OHIO This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Mercer. Yes: Beamish, Wise, Mercer, Cultice, Saxton, Bretland and Baker. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Mercer. Yes: Wise, Mercer, Cultice, Saxton, Bretland, Baker and Beamish. No: None. ORDINANCE ADOPTED COUNCIL COMMENTS: Mrs. Baker stated Leadership Troy will hold the annual “Meet the Candidate” Night on 10-23 at 7:30 pm at the Junior High School Cafeteria. STAFF COMMENTS: The Assistant Development Director announced a visioning session on the Comprehensive Plan to be held 10-28 at the High School Cafeteria, starting at 7:00 pm. AUDIENCE COMMENTS: A student asked about the legislative process and asked what plat approval means. Chuck Fox, Director of Troy Main Street, announced a candidate forum sponsored by the Downtown Merchants on 10-15, 7-9 pm, at the Community Room. Frieda Iddings, 40 Elmwood, inquired about: -Does the posting of “no motorized” vehicles on bike paths prohibit motorized wheel chairs. (The Administration will provide a response.) -The railroad crossing near Elmwood cannot be crossed with a wheel chair as the wheels get stuck. The Public Works Director stated the crossing is controlled by CSX, but he will relay the concern. -With a proposed development off Wayne Street, it would be good to have a direct access to Kroger’s. The Public Works Director stated the development is proposed to be private, a gated community, and there is no way to require a public access through a private development. The developer, however, will be advised of the comment. There being no further business, the meeting adjourned at 7:45 p.m. _______________/s/______________ ________________/s/____________________ President of Council Clerk of Council |