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July 6, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, July 6, 2009, at 7:00 p.m. in Council Chambers. Members Present: Clark, Harrah, Hutchinson, Kendall, Kirkham and Schweser. Upon motion of Mr. Harrah, seconded by Mr. Hutchinson, Mr. Douglas was excused from this meeting by unanimous roll call vote. Presiding Officer: Thomas M. Kendall, President of Council Pro Tem (Mr. Kendall noted that Mrs. Baker was away from the City on business.) 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 Mayor Michael L. Beamish. PUBLIC HEARING: At 7:03 p.m., Mr. Kendall declared open a public hearing on Resolution No. R-33-2009, the Tax Budget. There were no comments in this regard, and at 7:04 p.m., Mr. Kendall declared this public hearing closed. MINUTES: The Clerk of Council gave a summary of the minutes of the June 15, 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: Buildings, Streets & Sidewalks Committee. Mr. Harrah, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into contracts for the three roadway projects to be funded through Stimulus Funds (American Recovery and Reinvestment Act of 2009): DESCRIPTION NOT TO EXCEED AMOUNT West Stanfield Road (from S. Stanfield to just west of Industry Court) $129,330 South Stanfield Road (from SR41 to S. Stanfield) $155,917 North Elm Street (from SR 41 to north city limits) $255,740 2) Committee recommends legislation be prepared authorizing the final assessment for Phase V of the Sidewalk Improvement Program. Reports signed by Douglas, Kirkham and Harrah. Law & Ordinance: Mr. Clark gave an oral report of notice of the following liquor license applications: - New D5A permit for SPS, Inc., dba Hampton Inn, 45 Troy Town Drive. - Transfer of C1, C2 and D6 permits from owner of Pamela J. Cain, dba Eastside Mini Mart, 1314 E. Main Street to Troy Petroleum LLC, dba Eastside Mini Mart, same address. Personnel Committee: Mr. Clark gave the oral report regarding the appointment of Mr. Paul Lauzau, 225 Westgate Circle, to the Board of Tax Appeals for a one year term for year 2009. A motion was made by Mr. Clark, seconded by Mr. Hutchinson, to approve the appointment of Paul Lauzau to the Board of Tax Appeals for the one year term. Motion passed by unanimous roll call vote. Recreation and Parks Committee: Mr. Hutchinson, Chairman, reported that that the Committee believes the interest of the public will be served by the transfer of the Troy Memorial Stadium to the School District. Therefore, Committee recommends that legislation be prepared authorizing the Board of Park Commissioners of the City of Troy, Ohio, to execute the Limited Warranty Deed to convey the property described therein, known as the Troy Memorial Stadium, to the Troy City School District Board of Education. Committee further recommended that the legislation be enacted as an emergency measure so that the transfer of the property can be completed prior to the commencement of the 2009-2010 school year as the School District begins to schedule the use of the Troy Memorial Stadium. (Copy of entire report attached to original minutes.) Report signed by Clark, Kirkham and Hutchinson. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: NONE July 6, 2009 Page Two RESOLUTION NO. R-33-2009 RESOLUTION ADOPTING THE BUDGET OF THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 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. Hutchinson. Yes: Schweser, Kendall, Clark, Kirkham, Harrah and Hutchinson. Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Kendall, Clark, Kirkham, Harrah, Hutchinson and Schweser. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-34-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACTS FOR THREE ROADWAY PAVING PROJECTS This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Clark, Kirkham, Harrah, Hutchinson, Schweser and Kendall. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Kirkham, Harrah, Hutchinson, Schweser, Kendall and Clark. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-16-2009 ORDINANCE AMENDING ORDINANCE NO. O-28-2008 APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2009 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Harrah, Hutchinson, Schweser, Kendall, Clark and Kirkham. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Schweser, Kendall, Clark, Kirkham and Harrah. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-17-2009 AN ORDINANCE AUTHORIZING THE TRANSFER OF THE OWNERSHIP OF THE TROY MEMORIAL STADIUM TO THE TROY CITY SCHOOL DISTRICT AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Schweser, Kendall, Clark, Kirkham, Harrah and Hutchinson. Mr. Clark moved for adoption. Motion seconded by Mr. Kirkham. Yes: Kendall, Clark, Kirkham, Harrah, Hutchinson and Schweser. No: None. ORDINANCE ADOPTED July 6, 2009 Page Three ORDINANCE NO. O-18-2009 ORDINANCE LEVYING FINAL ASSESSMENTS FOR PHASE V OF THE SIDEWALK IMPROVEMENT PROGRAM This Ordinance was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Kirkham. Yes: Clark, Kirkham, Harrah, Hutchinson, Schweser and Kendall. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Kirkham, Harrah, Hutchinson, Schweser, Kendall and Clark. No: None. ORDINANCE 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. 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. COMMENTS OF THE MAYOR. Mayor Beamish commented that: -The July 4 parade was well organized and well attended. -He has heard favorable comments about the July 4 fireworks. -The weekend of July 11-12, WACO is hosting a military exhibit. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that: -City staff members from the Fire and Police Departments and the Street, Water Distribution and Sewer Maintenance Divisions were immediate responders to help rescue a person that had been buried under gravel; and these employees are commended for their assistance. -Trick or Treat will be October 29. COMMENTS OF MEMBERS OF COUNCIL. -Mr. Kirkham thanked the organizers for the July 4 parade, the citizens who came to watch the parade, and the City staff for assisting with the parade. He also thanked the owners and workers of Pohlkat Excavating for their work on the lagoon at the Troy Marina facility. -Mr. Harrah noted that Joanna Grandel has been appointed as the new Executive Director of Troy Main Street. -Mr. Clark commented that the Cincinnati Symphony concert on July 2 was very good and that Arthur and Gail Haddad were recognized at that concert for their community service. He noted that the Troy Classic on the Square Bicycle Race will take place July 18. There being no further business, the meeting adjourned at 7:35 p.m. _______________/s/_________________________ _________________/s/__________________ Clerk of Council President of Council |