| March 3, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, March 3, 2003, at 7:00 p.m. in Council Chambers. Members Present: Baker, Beamish, Bretland, Cultice, Mercer, Saxton. Upon motion of Mr. Cultice, seconded by Mr. Mercer, Mr. Wise was excused from this meeting by unanimous roll call vote. Presiding Officer: Michael L. Beamish, President of Council Pro Tem 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 An invocation was given by Council member Saxton. MINUTES: The Clerk gave a summary of the February 18, 2003 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mrs. Saxton, seconded by Mr. Bretland, 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 & Safety to enter into a contract with Tynan Equipment Company in the amount of $21,000 for a replacement parking control vehicle, which amount is within Council's prior authorization and for which item no bids had been received during a prior bid process. Committee further recommends the legislation be presented as an emergency measure as the current parking control vehicle is not dependable, and that the legislation permit the sale of the current vehicle when the new one is received. 2) Committee recommends Council approve the emergency Ordinances provided by the Ohio Department of Transportation (ODOT) to consent to the improvements to SR 55 in future years - FY 2006 from west of SR 718 east to the Square with an estimated cost of $300,000; FY 2008 from N. Market to the eastern City limits with an estimated cost of $140,000. ODOT will pay 80% of the work, and at a later date final legislation will be presented for both projects. Reports signed by Bretland, Cultice and Baker. LAW & ORDINANCE: Mrs. Saxton, Chairman, reported as follows: 1) After considering all information presented regarding Ordinance No. O-5-03, the rezoning of part of Westlake Village from the current zoning of a Planned Unit Development and R-4, Single-family Residence District, to a new Planned Development, and recognizing that the Planning Commission did not recommend approval of the rezoning, while the Committee generally feels what is proposed is a good product, they also feel it could be possible for the applicant and the Westlake Village residents (who oppose the zoning change) to come to more of an agreement on the issues that divide them, and Committee recommends that Ordinance No. O-5-03 not be approved. (Copy of entire report attached to original minutes.) 2) Committee has reviewed a request from Troy Main Street to permit alcoholic beverages to be consumed on public property during the sneak preview Gala to be held on May 3, 2003, leading up to the event known as Sculptures on the Square. Committee noted the following: the Troy Foundation and private donors have provided over $30,000 for 20 sculptures by J. Seward Johnson, Jr. to be placed on the sidewalk areas throughout the downtown during the months of May, June and July; the gala, which will be held between 6 - 10 P.M. on May 3, will have the sculptures housed in a closed tent for viewing only by the contributors and others who purchase tickets; the gala will recognize the contributors for bringing the artwork to Troy, which should enhance the economic welfare of the downtown and other areas of the community; the alcoholic beverages will not actually be served or distributed on public property; the area where the beverages may be carried as people view the exhibit will be a closed walkway and tent on public property; the sponsor will carry all required insurance and advise those attending the gala that the alcoholic beverages may not be taken outside the secured area. Noting the conditions for which the permission is granted, Committee recommends that during the hours of the Gala event sponsored by Troy Main Street on May 3, 2003 only, and between the hours of 6 - 10 PM, alcoholic beverages may be permitted on public property only within the closed walkway and tent. (Copy of entire report attached to original minutes.) Reports signed by Beamish, Mercer and Saxton. A motion was made by Mrs. Saxton, seconded by Mr. Mercer, to accept the report of the Law & Ordinance Committee dated 2-28-03, subject Sculptures on the Square - Alcohol on Public Property. Yes: Cultice, Saxton, Beamish, Mercer. No: Baker, Bretland MOTION ADOPTED 3-3-03 Page Two RECREATION & PARKS: Mr. Bretland, Chairman, reported that Committee recommends legislation be prepared bidding the Recreation Board to bid the hockey shop concession at the Hobart Arena. Committee noted that there was no response to bidding this concession in 2002, but there may now be interest. Report signed by Saxton and Bretland. RESOLUTION NO. R-17-03 RESOLUTION AUTHORIZING THE RECREATION BOARD OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE OPERATION OF THE HOCKEY SHOP CONCESSION AT HOBART ARENA This Resolution was given first title reading. Mr. Bretland moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Saxton, Beamish, Cultice, Baker, Mercer and Bretland. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Beamish, Cultice, Baker, Mercer, Bretland and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-18-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT FOR A REPLACEMENT PARKING CONTROL VEHICLE AND SELLING THE OLD PARKING CONTROL VEHICLE AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Cultice, Baker, Mercer, Bretland, Saxton and Beamish. No: None. Mr. Bretland moved for adoption. Motion seconded by Mrs. Baker. Yes: Baker, Mercer, Bretland, Saxton, Beamish and Cultice. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-5-03 ORDINANCE CHANGING THE ZONING OF PARTS OF INLOTS 7146 NBD 7271 IN THE CITY OF TROY, OHIO FROM A 9.898 ACRE PLANNED UNIT DEVELOPMENT AND 8.764 ACRES OF R-4, SINGLE FAMILY RESIDENCE DISTRICT AND ADOPTING A PLANNED DEVELOPMENT This Ordinance was given first title reading on 2-3-03. Given public hearing and second title reading on 2-18-03 Given third title reading. Mrs. Saxton commented that Council had received information from the owner of Westlake Village and the rezoning applicant, asking that the vote be delayed to allow more time for discussion and possibly resolution of issues between the parties. Mrs. Saxton asked that the vote be delayed as requested, but that the recommendation of the Committee (read at this meeting) still stands. ORDINANCE NO. O-8-03 AN ORDINANCE CHANGING ZONING FOR A TWENTY ACRE PARCEL LOCATED IN STAUNTON TOWNSHIP IN THE CITY OF TROY, OHIO, FROM A-2, AGRICULTURE, TO R-5, SINGLE-FAMILY RESIDENCE DISTRICT This Ordinance was given first title reading. 3-3-03 Page Three ORDINANCE NO. O-9-03 AN ORDINANCE AUTHORIZING COOPERATION AND CONSENT TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR STATE ROUTE 55 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton Yes: Mercer, Bretland, Saxton, Beamish, Cultice and Baker. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Cultice Yes: Bretland, Saxton, Beamish, Cultice, Baker and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-10-03 AN ORDINANCE AUTHORIZING COOPERATION AND CONSENT TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR STATE ROUTE 55 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Bretland. Yes: Saxton, Beamish, Cultice, Baker, Mercer and Bretland. No: None. Mrs. Baker moved for adoption. Motion seconded by Mrs. Saxton. Yes: Beamish, Cultice, Baker, Mercer. Bretland and Saxton. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR: The Mayor stated that the Police Department is nearly to full staff. UNVEILING OF CITY OF TROY LOGO The Mayor unveiled the new City logo - which is the words Troy, Ohio USA displayed in an outline that approximates the shape of Ohio. This is the logo that the City has used for a variety of purposes, but is that owned by the Troy Development Council (TDC). The TDC has agreed to the City's using the design as the official logo. It will be incorporated into the official letterheads/cards/stationary items used by the City and will be used for other identification purposes such as vehicles, signage, etc. EXECUTIVE SESSION: A motion was made by Mr. Mercer, seconded by Mrs. Saxton, to recess into executive session to consider the purchase of property for a public purpose. Motion passed by unanimous roll call vote. At 7:45 p.m., Council recessed into executive session. At 8:50 p.m. Council returned from executive session into regular session, and made no further comment. There being no further business, the meeting adjourned at 8:51p.m. ____________/s/____________________ ________________/s/____________________ President of Council Clerk of Council |