| May 5, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, May 5, 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 INVOCATION: An invocation was given by Council President Lohrer. MINUTES: The Clerk gave a summary of the April 21, 2003 meeting of Council. Under O-31-03, the spelling of "emergency" was corrected. There were no other corrections or additions, 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 a contract for Phase 1 of the Sidewalk Replacement Program (Westbrook and Sherwood areas) in an amount not to exceed $400,000. Report signed by Bretland, Cultice and Baker. LAW & ORDINANCE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared approving the final plat of Pamela Estates Section Two, accepting $9,688.20 from the developer as fees in lieu of green space dedication, and the City paying waterline oversizing not to exceed $31,500. 2) Committee recommends Ordinance No. O-8-03, rezoning of IL 9272 (DeWeese Annexation) from A-2 to R-4, Single-family Residence District as such zoning is consistent with adjacent parcels and the best use of the land. 3) Committee recommends Ordinance No. O-14-03, rezoning of Inlots 3051 and 3054 (10-11 Hobart Drive) from R-6, Two-family, to B-2, General Business District be approved as such zoning is the consistent with adjacent parcels and the best use of these parcels which have been vacant for some time. Committee further recommends that an associated piece of legislation be prepared that will provide for the realignment to connect Hobart Drive to Adams Street, vacate and dedicate public right-of-way as a part of a replat that will include Inlots 3051 and 3054 for the planned location of a Tim Hortons restaurant. Reports signed by Beamish, Mercer and Saxton. RECREATION AND PARKS: Mr. Bretland, Chairman, reported that Committee recommends legislation be prepared authorizing the Board of Park Commissioners and the Troy Recreation Board to enter into a beverage marketing agreement with Pepsi-Cola General Bottlers, Inc., which, in exchange for the City having the company's products as the exclusive beverages at City properties, the City will receive $30,000 up-front, $1,000 per year each of the five years of the contract, and have bonus possibilities based on additional quantities sold. It was noted that the Stadium is not covered by this Agreement until the current beverage contract for that facility expires. Report signed by Saxton, Wise and Bretland. Discussion. Mrs. Baker asked if this Agreement would be incumbent on beverages sold at the Strawberry Festival. Mr. Anderson advised that the Strawberry Festival has its own beverage agreement. RESOLUTION NO. R-32-03 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 PHASE I OF THE 2003 SIDEWALK IMPROVEMENT PROGRAM This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Beamish, Wise, Saxton, Bretland, Mercer, Cultice and Baker. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Wise, Saxton, Bretland, Mercer, Cultice, Baker and Beamish. No: None. RESOLUTION ADOPTED 5-5-03 Page Two RESOLUTION NO. R-33-03 RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS AND THE RECREATION BOARD OF THE CITY OF TROY, OHIO TO ENTER INTO A BEVERAGE MARKETING AGREEMENT WITH PEPSI-COLA GENERAL BOTTLERS, INC. This Resolution was given first title reading. Mr. Bretland moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Saxton, Bretland, Mercer, Cultice, Baker, Beamish and Wise. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Bretland. Yes: Bretland, Mercer, Cultice, Baker, Beamish, Wise and Saxton. No: None. RESOLUTION ADOPTED 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 on 3-17-03. Given third title reading on 4-7-03. Given fourth title reading on 4-21-03. Given fifth title reading. Mrs. Saxton moved for adoption. Motion seconded Mr. Beamish. Yes: Mercer, Cultice, Baker, Beamish, Wise, Saxton and Bretland. No: None. ORDINANCE ADOPTED 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 on 3-17-03. Given public hearing and second title reading on 4-7-03. Given third title reading on 4-21-03. Given fourth title reading. Mrs. Saxton moved for adoption. Motion seconded Mrs. Mercer. Yes: Cultice, Baker, Beamish, Wise, Saxton, Bretland and Mercer. No: None. ORDINANCE ADOPTED 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 on 3-17-03. Given public hearing and second title reading on 4-7-03. Given third title reading on 4-21-03. Given fourth title reading. ORDINANCE NO. O-33-03 ORDINANCE ACCEPTING THE FINAL PLAT OF PAMELA ESTATES SECTION TWO IN THE CITY OF TROY, AND ACCEPTING FEES IN LIEU OF DEDICATED GREEN SPACE, AND PAYMENT OF WATERLINE OVERSIZING This Ordinance was given first title reading 5-5-03 Page Three Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Baker, Beamish, Wise, Saxton, Bretland, Mercer and Cultice No: None. Mrs. Saxton moved for adoption. Motion seconded Mr. Mercer. Yes: Beamish, Wise, Saxton, Bretland, Mercer, Cultice and Baker. No: None. ORDINANCE ADOPTED MAYOR'S COMMENTS: The Mayor commented: 1) He was very pleased with the action that resulted in the police raid at the Total Xposure establishment (nude dancing facility) on May 3, and he congratulated Chief Phelps, Capt. Adams and Detectives Kunkleman, Stutz and Sloan for their diligent work on this issue. 2) Thanked City staff for their work in getting the sculptures placed that will be downtown May, June and July as a part of the "Sculptures on the Square" event. SERVICE & SAFETY DIRECTOR COMMENTS: Mr. Anderson noted that the publication "Ohio Business Magazine" recently rated communities on their growth, with Troy ranked as the 22nd fastest growing community in the State, first in the County and 2nd in the Miami Valley. COUNCIL COMMENTS: -Mr. Mercer commented that two trees were planted at Hobart Arena as a part of the Arbor Day celebration - one honoring Mayor Jenkins and one honoring his sister, Ellin Jenkins (deceased.) -Mrs. Baker commented regarding the trees being planted within the interstate interchanges as to who has watering responsibilities. It was further noted that some of the trees are very crooked. Staff will provide a report. It was also asked that there be a clarification of maintenance responsibilities for the areas between the new ODOT sound walls and the fences behind properties. AUDIENCE COMMENTS: David Gillespie, 240 N. Weston Road, presented a request to Council to close N. Weston Rd. and Covent Rd. to Main Street due to dangerous traffic conditions that are created by motorists accessing Covent and leaving Covent. Mr. Gillespie also asked the City to consider the purchase of a property located on W. Main at Weston Road as the property is in disrepair. It was commented that City staff will evaluate the road closing suggestion and staff is already working on property maintenance improvements associated with the W. Main Street property. There being no further business, the meeting adjourned at 7:47 p.m. _________________/s/_______________ __________________/s/__________________ President of Council Clerk of Council |