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July 20, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, July 20, 2009, at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Harrah, Hutchinson, Kendall, Kirkham and Schweser. Presiding Officer: Martha A. Baker, President of Council Others Present: Michael L. Beamish, Mayor Patrick E. J. Titterington, Director of Public Service and Safety Grant D. Kerber, Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Mr. Harrah. PUBLIC HEARINGS: At 7:02 p.m., Mrs. Baker declared open a public hearing on the rezoning covered by Ordinance No. O-19-2009. There were no comments in this regard, and at 7:03 p.m., Mrs. Baker declared this public hearing closed. At 7:03 p.m., Mrs. Baker declared open a public hearing on the rezoning covered by Ordinance No. O-20-2009. For the record, it was noted that an email had been received from Donald Willis, Vice President of the WACO Historical Society regarding certain FAA requirements associated with the development of the parcels covered by O-20-2009. It was noted that the requirements would be a matter between Mr. Trader, owner of the parcels, and the FAA, and the City has provided Mr. Trader with a copy of the information provide by Mr. Willis. There were no further comments in this regard, and at 7:04 p.m., Mrs. Baker declared this public hearing closed. INTRODUCTION: Jeff Monce, newly appointed Assistant Water Plant Superintendent was introduced. MINUTES: The Clerk of Council gave a summary of the minutes of the July 6, 2009 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Clark, seconded by Mr. Schweser, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Finance Committee. Mr. Douglas, Chairman, reported as follows: 1) Committee members Kendall and Douglas recommends legislation be prepared authorizing a $300,000 loan from the ED Revolving Loan Fund to MyTeam1, for the purchase of new equipment, with the company committing to establishing and retaining 12 new full-time regular jobs for five years. Emergency legislation was requested so the loan could be closed and the equipment ordered without delay. The report noted that Committee Member Schweser recused himself from discussion and recommendation to avoid the appearance of a conflict of interest as his wife is an employee of the applicant. Report signed by Kendall and Douglas. 2) Committee recommends renewal of the agreement between the City and County for the City providing prosecutorial services as required by State Law, with the Law Director’s Office fulfilling the agreement and serving as a pass through for the associated revenue and expenses. As the current agreement expired July 1, Committee supported emergency legislation. Committee also recommended that future renewals of the agreement could be automatic as long as the process is cost neutral to the City. Reports signed by Kendall, Schweser and Douglas. Utilities Committee. Mr. Schweser, Chairman, reported that Committee recommends legislation be prepared authorizing the City to file applications with the Ohio Water Development Authority for two zero interest loans to cover the cost of the design of sanitary sewer extensions for the unsewered areas of: 1. Timber Lane/Diana Drive area – approximately 15 properties. 2. McKaig Road area – approximately 30 properties on McKaig Road, Woodridge Drive, Norbert Drive, and Dorothy Lane. These areas are outside the City. However the OEPA has determined that the septic systems of such properties are failing, and the County Sanitary Engineer and Health District requested the City to be a lead agency for the design and potential construction as the areas are part of the service area defined by the Sewer Agreement between the City and County and the property owners would become City customers. Committee noted that installation of the sewers would be a later decision of Council, and that if the sewers were installed it would be an assessment project where the City would recoup the cost of construction and design from July 20, 2009 Page Two the property owners, and that annexation to the City could be a condition of connection. As the applications for loans are now due, Committee supported emergency legislation. Report signed by Hutchinson, Kendall and Schweser. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: NONE RESOLUTION NO. R-35-2009 RESOLUTION APPROVING THE APPLICATION OF MYTEAM1 LLC FROM THE ECONOMIC DEVELOPMENT REVOLVING LOAN FUND AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Schweser, Harrah, Kendall, Clark, Hutchinson, Kirkham and Douglas. Mr. Harrah moved for adoption. Motion seconded by Mr. Douglas. Yes: Harrah, Kendall, Clark, Hutchinson, Kirkham and Douglas. Abstain: Schweser. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-36-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO RENEW AN AGREEMENT WITH THE MIAMI COUNTY BOARD OF COMMISSIONERS TO PROVIDE PROSECUTIONAL SERVICES IN MIAMI COUNTY AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Kendall, Clark, Hutchinson, Kirkham, Douglas, Schweser and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Hutchinson, Kirkham, Douglas, Schweser, Harrah and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-37-2009 RESOLUTION AUTHORIZING COOPERATIVE AGREEMENT FOR PLANNING AND DESIGN OF THE TIMBER LANE AND DIANA DRIVE SANITARY SEWER PROJECT BETWEEN THE CITY OF TROY, OHIO AND THE OHIO WATER DEVELOPMENT AUTHORITY AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Hutchinson, Kirkham, Douglas, Schweser, Harrah, Kendall and Clark. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Kirkham, Douglas, Schweser, Harrah, Kendall, Clark and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-38-2009 RESOLUTION AUTHORIZING COOPERATIVE AGREEMENT FOR PLANNING AND DESIGN OF THE MCKAIG ROAD AREA SANITARY SEWER PROJECT BETWEEN THE CITY OF TROY, OHIO AND THE OHIO WATER DEVELOPMENT AUTHORITY AND DECLARING AN EMERGENCY This Resolution was given first title reading. July 20, 2009 Page Three Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Douglas, Schweser, Harrah, Kendall, Clark, Hutchinson and Kirkham. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Harrah, Kendall, Clark, Hutchinson, Kirkham and Douglas. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-19-2009 ORDINANCE CHANGING THE ZONING OF INLOT 4563 AND PART OF INLOT 4564 IN THE CITY OF TROY, OHIO FROM OC-1 OFFICE-COMMERICAL DISTRICT TO B-2 GENERAL BUSINESS DISTRICT This Ordinance was given first title reading on July 6, 2009. Given public hearing and second title reading. ORDINANCE NO. O-20-2009 ORDINANCE CHANGING THE ZONING OF INLOTS 10197, 10238, AND 10239 IN THE CITY OF TROY, OHIO FROM F-1 FLOOD PLAIN TO B-2 GENERAL BUSINESS DISTRICT AND INLOTS 10199, 10200, 10201, AND 10240 IN THE CITY OF TROY, OHIO FROM R-3 MULTI-FAMILY RESIDENTIAL TO M-2 LIGHT INDUSTRIAL DISTRICT This Ordinance was given first title reading on July 6, 2009. Given public hearing and second title reading. COMMENTS OF THE MAYOR. Mayor Beamish commented as follows: -A new event, Troy Kids Triathlon, was held at 6:30 a.m. on July 19 at the Troy Aquatic Park, with 150 enthusiastic young people participating and over 300 family and friends attending. -On July 25 the Troy Bike Ride will start at 9:00 a.m., covering 14 miles of riding near or along the river corridor between Troy and Tipp City. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that: -The 2009 paving program has been completed on schedule and within the budgeted amount. -On July 23 the Troy Planning Commission, as part of the Comprehensive Plan Update, will hold a public meeting for public input related to the development and use of bike paths/trails within the community. COMMENTS OF COUNCIL PRESIDENT. Mrs. Baker commented that: -Regarding the July 12 performance of Rhythm In Shoes, as a member of the Board of the Mayors Concert Committee, thanks to citizens for attending and City staff for set up assistance. -The Mayors Concert Committee will present the Mayors Concert on August 16. -On August 3 at 6:00 p.m., Council will meet as a Committee of the Whole to hear a presentation by representatives of MVRPC regarding regional land use planning proposal known as Going Places. COMMENTS OF MEMBERS OF COUNCIL. -Mr. Clark commented that the July 18 Troy Classic on the Square (bike race) was an excellent event for those that attended. -Mr. Kirkham provided a reminder that the National Night Out event will be held in the Community Park, August 4, 5:30 – 9 p.m.; that this is a crime prevention event; there will be approximately 60 vendors or agencies providing information; and attendance of 10,000 – 12,000 is anticipated. There being no further business, the meeting adjourned at 7:33 p.m. ________________/s/________________________ _________________/s/__________________ Clerk of Council President of Council |