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August 3, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, August 3, 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: Patrick E. J. Titterington, Director of Public Service and Safety Grant D. Kerber, Director of Law INVOCATION: An invocation was given by Council President Baker. INTRODUCTION: Oscar (Ralph) Walters, newly promoted Water Plant Mechanic, was introduced. MINUTES: The Clerk of Council gave a summary of the minutes of the July 20, 2009 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Harrah, seconded by Mr. Clark, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Harrah, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to execute the Region 13 NSP Subrecipient Agreement with Miami County. Because of the timing of initial funds to be expended, we support emergency legislation. This program is funded by Federal Stimulus funds and the Troy area is expected to benefit by receiving about $246,000 to be used for the demolition of foreclosed, abandoned, vacant, and condemned residential properties to improve neighborhoods. Report signed by Douglas, Kirkham and Harrah. Law & Ordinance Committee: Mr. Kendall, Chairman, reported as follows: 1) Committee recommends legislation be prepared to approve the final plat of the Legacy Meadows Subdivision, including the dedication of right-of-way and the City accepting the payment of fees-in-lieu of dedicated park land. 2) Committee recommends Ordinance No. O-19-2009 be approved, which provides for the rezoning of Inlot 4563 and part of Inlot 4564 (located on W. Main Street and Norwich Road) from OC-1 to B-2. 3) Committee recommends Ordinance No. O-20-2009 be approved, which provides for the rezoning of part of the Trader Annexation Inlot 10197 (50 Harold Way), Inlot 10238 (1421 S. Market Street), and Inlot 10239 (11 Harold Way) from County zoning of F-1, Flood Plain, to City zoning of B-2, General Business District; and rezone Inlot 10199 (63 Harold Way), Inlot 10200 (85 Harold Way), Inlot 10201 (99 Harold Way) and Inlot 10240 (37 Harold Way) from County Zoning of R-3, Multi-Family Residential Zoning, to City of Troy zoning of M-2, Light Industrial District. Reports signed by Clark, Douglas and Kendall. Utilities Committee. Mr. Schweser, Chairman, reported as follows: 1) Committee recommends that legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for SCADA Control Equipment for up to three lift stations at a cost not to exceed $75,000. 2) Committee recommends that legislation be prepared authorizing the Director of Public Service and Safety to: - Execute documents associated with the loan fund agreement and OEPA WPCLF construction application associated with a $750,000 grant and a $750,000 loan to fund a project to reline a number of sewers in the Westbrook Subdivision (boundary for the project is Cornish Road, I-75, West Main Street, and Trade Square West). The grant is from a Federal Stimulus Program. The loan is issued through the OEPA Water Pollution Control Loan Fund (WPCLF). The payback for the loan portion will be included in the calculation for rate adjustments. - Advertise for bids and enter into a contract for the Westbrook Sanitary Sewer Relining Project at a cost not to exceed $1,500,000. As the loan fund agreements and the application are due prior to September 1, Committee supports emergency legislation. Reports signed by Kendall, Hutchinson and Schweser. August 3, 2009 Page Two COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: NONE RESOLUTION NO. R-39-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO EXECUTE A SUBRECIPIENT AGREEMENT WITH MIAMI COUNTY RELATED TO THE NEIGHBORHOOD STABILIZATION PROGRAM 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. Schweser. Yes: Hutchinson, Douglas, Clark, Harrah, Kirkham, Kendall and Schweser. No: None. Mr. Hutchinson moved for adoption. Motion seconded by Mr. Kendall. Yes: Douglas, Clark, Harrah, Kirkham, Kendall, Schweser and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-40-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO APPLY FOR, ACCEPT, AND ENTER INTO A WATER POLLUTION CONTROL LOAN FUND AGREEMENT ON BEHALF OF THE CITY OF TROY, OHIO FOR PLANNING, DESIGN AND/OR CONSTRUCTION OF WASTEWATER FACILITIES; AND DESIGNATING A DEDICATED REPAYMENT SOURCE FOR THE LOAN AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Clark, Harrah, Kirkham, Kendall, Schweser, Hutchinson and Douglas. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Harrah, Kirkham, Kendall, Schweser, Hutchinson, Douglas and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-41-2009 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 WESTBROOK SANITARY SEWER RELINING PROJECT This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Kirkham, Kendall, Schweser, Hutchinson, Douglas, Clark and Harrah. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Kendall. Yes: Kendall, Schweser, Hutchinson, Douglas, Clark, Harrah and Kirkham. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-42-2009 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 SCADA CONTROL EQUIPMENT This Resolution was given first title reading. August 3, 2009 Page Three Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Schweser, Hutchinson, Douglas, Clark, Harrah, Kirkham and Kendall. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Douglas, Clark, Harrah, Kirkham, Kendall and Schweser. 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 on July 20, 2009. Given third title reading. Mr. Harrah moved for adoption. Motion seconded by Mr. Clark. Yes: Douglas, Clark, Harrah, Kirkham, Kendall, Schweser and Hutchinson. No: None. ORDINANCE ADOPTED 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 on July 20, 2009. Given third title reading. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Clark, Harrah, Kirkham, Kendall, Schweser, Hutchinson and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-21-2009 ORDINANCE ACCEPTING THE FINAL PLAT OF LEGACY MEADOWS SUBDIVISION, SECTION 2 IN THE CITY OF TROY, OHIO AND DEDICATING A RIGHT-OF-WAY This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Harrah, Kirkham, Kendall, Schweser, Hutchinson, Douglas and Clark. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Clark. Yes: Kirkham, Kendall, Schweser. Hutchinson, Douglas, Clark and Harrah. No: None. ORDINANCE ADOPTED COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY Mr. Titterington commented that: -The contract for the repair/repainting of two waters towers has been awarded under the authorization. - The automatic meter reading (AMR) installation project for meter reading is complete with all meters now on the system. One benefit of the system is that excessive water use can be noted and corrections made, which will assist the consumer. Examples of situations already identified will be provided at the next meeting. August 3, 2009 Page Four COMMENTS OF COUNCIL PRESIDENT Mrs. Baker commented that: - On behalf of the Mayors Concert Committee, everyone is invited to attend the Mayors Concert on August 16. - The Festival of Nations event will be held August 15. COMMENTS OF MEMBERS OF COUNCIL -Mr. Kirkham noted that the National Night Out event will be held August 4, with a number of exhibitors and vendors present. - Mr. Clark congratulated Mr. Walters on his promotion. There being no further business, the meeting adjourned at 7:28p.m. ________________/s/________________________ _________________/s/__________________ Clerk of Council President of Council |