(return to 1999 Minutes)

April 19, 1999

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, April 19, 1999, at 7:30 p.m. in Council Chambers.

Members Present:        Beamish, Douglas, Helmer, Melvin, Mercer, Saxton and Severt.
Presiding Officer:        William F. Lohrer,              President of Council
Others Present:           N. Lawrence Wolke,         Director of Public Service & Safety
                                  W. McGregor Dixon, Jr.,   Director of Law
                                  Harold F. Willis,                 Auditor

PUBLIC HEARING: At 7:31 p.m. Mr. Lohrer declared open a public hearing on Ordinance No. O-6-99.
Larry Gustin, 84 Foss Way, owner of Sherwood Laundromat, stated he had talked to the AT&T representative, was offered a contract on his property (which he declined), he does not feel the potential location adjacent to the railroad is safe due to derailment possibilities, with the improvements Mr. Behm is making to Sherwood he does not feel this will enhance the area, he feels other locations may be better, and asked that as Council looks at this to determine if it does not create a needless hazard and does not defy good sense.
Shelly Neace, a consultant representing AT&T Wireless, verified she had talked to Mr. Gustin, and feels the proposed location at Stillwater Tool fits their coverage area, can be supported by the City, and she has been advised that Mr. Behm does not object to the tower location.
There being no further comments, at 7:37 Mr. Lohrer declared this public hearing closed.

MINUTES: The Clerk gave a summary of the minutes of the April 4 meeting of Council. There were no corrections or additions to these minutes. Upon motion of Mr. Severt, seconded by Mrs. Saxton, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:
BUILDINGS, STREETS & SIDEWALKS: Mrs. Melvin, Chairman reported as follows: 1) Committee recommends two pieces of legislation be consenting to ODOT replacing bridges on SR 55 (W. Market) adjacent to the Kensington Subdivision, and on SR 41 (W. Main) adjacent to J. Lyman & former MBZ Craft Studio, with the work to be done in 2000 or 2001. Committee noted that the legislation will be presented as emergency measures as required by the State. 2) Committee recommends legislation be prepared authorizing bidding for the Barnhart Road Improvement at the Barnhart/W. Market intersection, for roadway and sewer improvements, at a cost not to exceed $105,000. This replaces R-24-98, which had been only for the roadway portion.
Reports signed by Douglas, Severt and Melvin.

LAW & ORDINANCE: Mr. Severt, Chairman, reported that Committee had reviewed the requests of Miller-Valentine, first to repeal R-12-99, which was an enterprise zone application, and then not to repeal such Resolution. However, R-30-99 had been prepared to repeal R-12-99. Committee is not making a recommendation on the repealing of R-12, but is recommending that R-30-99 be voted on by Council. The report noted that the State may not approve the enterprise zone application as it covers a spec building and the State may be requiring that jobs created be a part of the all enterprise zone applications.
Report signed by Douglas and Severt, with Mr. Mercer abstaining as his employer does work for Miller-Valentine.

RECREATION & PARKS. Mr. Helmer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing bidding for the playground equipment for Boyer Park at a cost not to exceed $31,000. This will complete a CDBG project, and committee noted that although the funds are available, they were not appropriated, and a supplemental appropriation may be required. 2) Committee recommends legislation be prepared authorizing the Park Board to bid for the construction of the parking lot at the Carriage Crossing Park at a cost not to exceed $28,000.
Reports signed by Melvin, Severt and Helmer.

UTILITIES: Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared for major improvements at the Sewage Treatment Plant (Phase 5A, clarifiers/piping; Phase 3C, sludge thickening process; and HVAC work for the sludge operations building) at a cost not to exceed $5,376,000 and that legislation be prepared authorizing an agreement with Malcolm-Pirnie, Inc. in an amount not to exceed $688,000 for construction administration, PLC (computer) programming and resident engineering services for the work to be bid. Committee noted that the construction period will be 19 months, ending approximately April, 2001. (copy of entire report attached to minutes).
Report signed by Beamish, Saxton and Mercer.

4-19-99        page two 

At the request of Mr. Mercer, Mr. Leffell provided a summary of the project using a map to show location of improvements at the Sewage Plant.

RESOLUTION NO. R-26-99

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 THE WIDENING OF STAUNTON ROAD

          This Resolution was given first title reading on 4-5-99.
          Given second title reading.

Mrs. Severt moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Helmer, Melvin, Mercer, Saxton, Severt, Beamish and Douglas.
No: None.
Mr. Helmer moved for adoption. Motion seconded by Mr. Mercer.
Yes: Melvin, Mercer, Saxton, Severt, Beamish, Douglas and Helmer.
No: None.                                                                                                                            RESOLUTION ADOPTED

                                                                       RESOLUTION NO. R-30-99

RESOLUTION REPEALING RESOLUTION NO. R-12-99.

          This Resolution was given first title reading on 4-5-99.
          Given second title reading.

Mr. Helmer moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Mercer, Saxton, Severt, Beamish, Douglas, Helmer and Melvin.
No: None.
Mr. Severt moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Saxton, Severt, Beamish, Douglas, Helmer and Melvin.
Abstain: Mercer (as employer works for Miller-Valentine)
No: None.                                                                                                                            RESOLUTION ADOPTED

                                                                   RESOLUTION NO. R-31-99
RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE CONSTRUCTION OF THE PARKING LOT AT THE CARRIAGE CROSSING PARK

         This Resolution was given first title reading.

Mr. Helmer moved for suspension of rules requiring three readings. Motion seconded by Mr. Severt.
Yes: Severt, Beamish, Douglas, Helmer, Melvin, Mercer and Saxton.
No: None.
Mr. Severt moved for adoption. Motion seconded by Mr. Beamish.
Yes: Beamish, Douglas, Helmer, Melvin, Mercer, Saxton and Severt.
No: None.                                                                                                                            RESOLUTION ADOPTED

RESOLUTION NO. R-32-99

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 PLAYGROUND EQUIPMENT FOR BOYER PARK

          This Resolution was given first title reading.

Mr. Helmer moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Douglas, Helmer, Melvin, Mercer, Saxton, Severt and Beamish.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Severt.
Yes: Helmer, Melvin, Mercer, Saxton, Severt, Beamish and Douglas.
No: None.                                                                                                                           RESOLUTION ADOPTED

4-19-99 page three

RESOLUTION NO. R-33-99

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 THE BARNHART ROAD IMPROVEMENT

          This Resolution was given first title reading.

Mr. Severt moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Melvin, Mercer, Saxton, Severt, Beamish., Douglas and Helmer.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mrs. Melvin.
Yes: Mercer, Saxton, Severt, Beamish, Douglas, Helmer and Melvin.
No: None. RESOLUTION ADOPTED

                                                                         RESOLUTION NO. R-34-99

RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR SEWER SYSTEM IMPROVEMENTS IN THE CITY OF TROY

          This Resolution was given first title reading. 

                                                                        RESOLUTION NO. R-35-99

RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH MALCOLM PIRNIE, INC. REGARDING PROFESSIONAL ENGINEERING SERVICES FOR THE WASTEWATER TREATMENT PLANT

          This Resolution was given first title reading.

                                                                        ORDINANCE NO. O-6-99

ORDINANCE APPROVING SPECIAL USE PERMIT FOR INLOT 4716 IN THE CITY OF TROY, OHIO

          This Ordinance was given first title reading on 4-5-99.
          Given public hearing and second title reading.

                                                                        ORDINANCE NO. 0-7-99

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.

Mr. Severt moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Saxton, Severt, Beamish., Douglas, Helmer, Melvin and Mercer.
No: None.
Mr. Mercer moved for adoption. Motion seconded by Mr. Helmer.
Yes: Severt, Beamish, Douglas, Helmer, Melvin, Mercer and Saxton.
No: None.                                                                                                                         ORDINANCE ADOPTED

                                                                      ORDINANCE NO. 0-8-99

AN ORDINANCE AUTHORIZING COOPERATION AND CONSENT TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR STATE ROUTE 41 AND DECLARING AN EMERGENCY

          This Ordinance was given first title reading.

Mr. Helmer moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Beamish, Douglas, Helmer, Melvin, Mercer, Saxton and Severt.
No: None.
Mr. Douglas moved for adoption. Motion seconded by Mr. Helmer.
Yes: Douglas, Helmer, Melvin, Mercer, Saxton, Severt and Beamish.
No: None. ORDINANCE ADOPTED

4-19-99 page four 

COMMENTS OF DIRECTOR OF PUBLIC SERVICE & SAFETY. Mr. Wolke introduced M. Scott Walter, newly appointed Operations Superintendent.

COMMENTS OF COUNCIL:
-Mr. Douglas encouraged interested citizens to review the proposed zoning plan and stated that the improvement to Boyer Park is an excellent example of how the City uses CDBG funds.
-Mr. Mercer stated he was pleased to hear the Miami County 911 has an excellent communication system and noted that the City has budgeted for new radios that will tie in to the County system and provide excellent communications in the event of an emergency.

There being no further business Council adjourned at 8:27 p.m. 

_/s/__________________________________ ___/s/____________________________________

President of Council                                                  Clerk of Council