| March 17, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, March 17, 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: 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 President Lohrer. At 7:02 p.m., Mr. Lohrer declared open a public hearing on Ordinance No. O-8-03. - Todd Duetch, developer and applicant, stated it was the plan to combine the land proposed for rezoning (20 acres known as the DeWeese Annexation) with the Hunters Run Subdivision, which has not seen any development in the last few years, and he has been working with staff on the development plan. He noted that the future development would include storm water management and park land dedication, and there has already been interest in purchasing lots. Mr. Duetch further commented that the developer has an option on about 100 acres of the balance of the DeWeese Farm for development purposes, noting that the balance of the DeWeese land would have to be annexed. - John Trey, 1511 Michael Drive, stated he was in favor of the rezoning, but has a concern about the price and type of home that would be constructed, as had heard prices of around $120,000 and his home and some neighboring homes are worth more and he feels the City should be concerned about the tax base of lesser cost homes. There being no further comments, Mr. Lohrer declared the public hearing closed at 7:08 p.m. MINUTES: The Clerk gave a summary of the March 3, 2003 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mrs. Saxton, 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 & Safety to advertise for bids and enter into contracts for the 2003 paving program at a cost not to exceed $563,000 ($13,000 of which is from the Park Budget). Report signed by Bretland, Cultice and Baker. Discussion. Mr. Mercer asked if the entire street area of Dorset from McKaig to Stonycreek would be milled, and the Public Works Director stated it would be. LAW & ORDINANCE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared accepting the final plat of Kensington North Subdivision and the payment of associated waterline oversizing fees in an amount not to exceed $7,000. Committee requested the Administration to request the developer to use a buffer of mounding and plantings along SR 55. 2) Committee recommends legislation be prepared accepting the final plat of Stanfield Place Section Three. 3) Committee recommends acceptance of the dedication of additional right-of-way on McKaig Road, south of Stanfield Place, to provide space to widen a bridge (cul-de-sac) in preparation of the future widening of McKaig. 4) Committee recommends legislation be prepared accepting the recommendations of the Enterprise Zone Tax Incentive Review Council that Enterprise Zone Agreements 1, 2, 4 & 22, 5, 6 & 12, 10a, 11, 13, 21, 23 and 24 are in compliance or within the time period to meet employment pledges and should be continued, that Enterprise Zone Agreements 3, 14, 15, 17, 18, 19, and 20 have met investment pledges but not currently met employment pledges due to the downtown in the economy and should be continued; and that Enterprise Zone Agreements 9 (Spinnaker) and 10b (Thermal Arc) should have abatement benefits suspended for one year as the companies are not in compliance with employment commitments but terminating the agreements would provide no possibility of a turned around company being able to use the abatement benefits for any time remaining on the original agreements. As the report of the City must be filed with the State by March 31, Committee requested legislation be prepared as an emergency measure. Reports signed by Beamish, Mercer and Saxton. RECREATION & PARKS: Mr. Bretland, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Board of Park Commissioners to advertise for bids and enter into a contract for a replacement dump truck for the Park Dept. at a cost not to exceed $35,000. 2) Committee recommends the filing of a grant application be authorized associated with funding for boating facilities improvements at Treasure Island. Reports signed by Saxton, Wise and Bretland. 3-17-03 Page Two RESOLUTION NO. R-19-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO FILE AN APPLICATION WITH THE OHIO DEPARTMENT OF NATURAL RESOURCES TO PARTICIPATE IN THE COOPERATIVE PUBLIC BOATING FACILITY GRANT PROGRAM This Resolution was given first title reading. Mr. Bretland moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Saxton, Beamish, Baker, Wise, Cultice, Bretland and Mercer. No: None. Mr. Mercer moved for adoption. Motion seconded by Mr. Beamish. Yes: Beamish, Baker, Wise, Cultice, Bretland, Mercer and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-20-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACTS FOR A PROGRAM INVOLVING GENERAL PAVING AND THE PAVING OF CITY STREETS AND PARK AREAS This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Baker, Wise, Cultice, Bretland, Mercer, Saxton and Beamish. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Cultice. Yes: Wise, Cultice, Bretland, Mercer, Saxton, Beamish and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-21-03 RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE PURCHASE OF A REPLACEMENT DUMP TRUCK FOR THE PARK DEPARTMENT This Resolution was given first title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Cultice, Bretland, Mercer, Saxton, Beamish, Baker and Wise. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Wise. Yes: Bretland, Mercer, Saxton, Beamish, Baker, Wise and Cultice. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-22-03 RESOLUTION ADOPTING THE RECOMMENDATIONS OF THE ENTERPRISE ZONE INCENTIVE REVIEW COUNCIL 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. Cultice. Yes: Mercer, Saxton, Beamish, Baker, Wise, Cultice and Bretland. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Saxton, Beamish, Baker, Wise, Cultice, Bretland and Mercer. No: None. RESOLUTION ADOPTED The Clerk read a Resolution of Appreciation for Sergeant Julia V. Potter who retired on March 7, 2003. Upon motion of Mr. Bretland, seconded by Mrs. Baker, this Resolution of Appreciation was approved by unanimous roll call vote. 3-17-03 Page Three ORDINANCE NO. O-5-03 ORDINANCE CHANGING THE ZONING OF PARTS OF INLOTS 7146 AND 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 on 3-3-04. Given fourth title reading. ORDINANCE NO. O-8-03 AN AMENDED ORDINANCE CHANGING ZONING FOR INLOT 9272, LOCATED IN THE CITY OF TROY, OHIO, FROM A-2, AGRICULTURE, TO R-4, SINGLE FAMILY RESIDENCE DISTRICT. This Ordinance was given first title reading on 3-3-03. Given public hearing and second title reading. ORDINANCE NO. O-11-03 ORDINANCE ACCEPTING THE FINAL PLAT OF KENSINGTON NORTH SUBDIVISION AND AUTHORIZING PAYMENT OF OVERSIZING 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 Mr. Beamish. Yes: Beamish, Baker, Wise, Cultice, Bretland, Mercer and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Baker, Wise, Cultice, Bretland, Mercer, Saxton and Beamish. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-12-03 ORDINANCE ACCEPTING THE FINAL PLAT OF STANFIELD PLACE SUBDIVISION SECTION THREE 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 Mr. Beamish. Yes: Wise, Cultice, Bretland, Mercer, Saxton, Beamish and Baker. No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Saxton. Yes: Cultice, Bretland, Mercer, Saxton, Beamish, Baker and Wise. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-13-03 ORDINANCE ACCEPTING A DEDICATION PLAT OF PUBLIC RIGHT OF WAY ON McKAIG ROAD SOUTH OF STANFIELD PLACE This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Bretland, Mercer, Saxton, Beamish, Baker, Wise and Cultice. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Saxton. Yes: Mercer, Saxton, Beamish, Baker, Wise, Cultice and Bretland. No: None. ORDINANCE ADOPTED 3-17-03 Page Four ORDINANCE NO. O-14-03 AN ORDINANCE CHANGING ZONING FOR INLOTS 3051 AND 3054 IN THE CITY OF TROY, OHIO, FROM R-6, TWO FAMILY RESIDENTIAL DISTRICT, TO B-2, GENERAL BUSINESS DISTRICT This Ordinance was given first title reading. ORDINANCE NO. O-15-03 AN ORDINANCE CHANGING ZONING FOR INLOTS 9303 AND 9304, IN THE CITY OF TROY, OHIO, FROM A-1 DOMESTIC AGRICULTURE, A-2 GENERAL AGRICULTURE, AND R-1AAA SINGLE FAMILY TO R-4 SINGLE FAMILY This Ordinance was given first title reading. COMMENTS OF THE MAYOR: The Mayor stated he has asked citizens to fly the American Flag as a support of the troops involved in military conflict in Kuwait and Iraq and that the University of Phoenix has held a graduation. AUDIENCE COMMENTS: Kathleen Zien of Oxford, Ohio, commented that she felt citizens could not know what was going on at a Council meeting as she did not feel agenda items were made available to the public. Ms. Zien did not know that Troy is a statutory City nor did she understand our committee meeting structure and procedure. Mayor Jenkins commented that he did not feel someone who just happened to stop in Troy and attend a Council meeting and have no other information about Troy (as stated by Ms. Zien) had any basis to criticize on how the City of Troy operated. There being no further business, the meeting adjourned at 7:57 p.m. ______________/s/________________ ______________/s/______________________ President of Council Clerk of Council |