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September 9, 2010 MINUTES OF COUNCIL A special session of Troy City Council was held Thursday, September 9, 2010, at 7:00 p.m. in Council Chambers. (Note – three members of Council absent at 9-7-2010 meeting.) Members Present: Clark, Harrah, Hutchinson, Kendall, Phillips, Schweser and Stubbs. Presiding Officer: Martha A. Baker, President of Council Others Present: Michael L. Beamish, Mayor Grant D. Kerber, Director of Law Richard L. Cultice, City Auditor NOTICE OF SPECIAL MEETING (considering Resolution Numbers R-46-2010, R-47-2010, R-48-2010 and Ordinance Numbers O-19-2010, O-21-2010 and O-22-2010) was read and signed. (Original notice attached to original minutes.) COMMITTEE REPORTS: Law & Ordinance Committee: Mr. Schweser, Chairman, reported that taking into account the immediate economic development aspects of the application – the reuse of a vacant property, the investment in the community during a difficult economic period when businesses are facing closings and jobs eliminated, immediate employment for 40 persons, and the revenue streams, Committee recommends that Ordinance No. O-19-2010 be adopted to rezone IL 7171 from M-2 to B-2, and that the legislation be amended to be an emergency measure so that the business may open as soon as possible. In making this recommendation, Committee noted that this does not establish a precedent for future rezoning requests as each must stand on its own merits. Finally, Committee noted that should the owners plan further development of this area in the future that do not fit into the B-2 zoning, a further rezoning application would have to be submitted, which would be considered at that time. Report signed by Kendall, Phillips and Schweser. RESOLUTION NO. R-46-2010 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 CERTAIN RESURFACING PROJECTS This Resolution was given first title reading on 9-7-2010. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Phillips, Clark, Harrah, Kendall, Hutchinson and Stubbs. No: Schweser. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Schweser, Kendall, Hutchinson, Stubbs and Phillips. No: Harrah. RESOLUTION ADOPTED RESOLUTION NO. R-47-2010 RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY This Resolution was given first title reading on 9-7-2010. Given second title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Stubbs. Yes: Schweser, Harrah, Kendall, Hutchinson, Stubbs, Phillips and Clark. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Schweser. Yes: Harrah, Kendall, Hutchinson, Stubbs, Phillips, Clark and Schweser. No: None. RESOLUTION ADOPTED September 9, 2010 Page Two RESOLUTION NO. R-48-2010 RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY This Resolution was given first title reading on 9-7-2010. Given second title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Kendall, Hutchinson, Stubbs, Phillips, Clark, Schweser and Harrah. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Phillips. Yes: Hutchinson, Stubbs, Phillips, Clark, Schweser, Harrah and Kendall. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-19-2010 ORDINANCE CHANGING THE ZONING OF INLOT 7171 IN THE CITY OF TROY, OHIO FROM M-2, LIGHT INDUSTRIAL DISTRICT TO B-2, GENERAL BUSINESS DISTRICT, AND DECLARING AN EMERGENCY This Ordinance was given first title reading on 8-16-2010. Given public hearing and second title reading on 9-7-2010. Given third title reading. A motion was made by Mr. Schweser, seconded by Mr. Phillips, to amend O-19-2010 to provide for the legislation as an emergency measure. Yes: Stubbs, Phillips, Clark, Schweser, Harrah, Kendall and Hutchinson. No: None. MOTION PASSED, ORDINANCE AMENDED Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Phillips, Clark, Schweser, Harrah, Kendall, Hutchinson and Stubbs. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-21-2010 ORDINANCE APPROVING THE REPLAT OF INLOTS 10170 AND 10313 IN THE CITY OF TROY, OHIO AND REMOVING EASEMENTS This Ordinance was given first title reading on 9-7-2010. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Clark, Harrah, Kendall, Hutchinson and Stubbs. No: Schweser and Phillips. ORDINANCE FAILED SUSPENSION September 9, 2010 Page Three ORDINANCE NO. O-22-2010 ORDINANCE RELEASING MORTGAGE LIEN FOR TRINITY EPISCOPAL CHURCH AND DECLARING AN EMERGENCY This Ordinance was given first title reading. on 9-7-2010. Given second title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Schweser, Harrah, Kendall, Hutchinson, Stubbs, Phillips and Clark. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Harrah, Kendall, Hutchinson, Stubbs, Phillips, Clark and Schweser No: None. ORDINANCE ADOPTED There being no further business, the meeting adjourned at 7:15 p.m. _________________/s/_____________________ _______________/s/____________________ Clerk of Council President of Council |