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January 18, 2011 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, January 18, 2011, at 7:00 p.m. in Council Chambers. Members Present: Clark, Harrah, Hutchinson, Kendall, Phillips, Schweser and Stubbs. 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 INVOCATION: An invocation was given by Council Member Phillips. MINUTES: The Clerk gave a summary of the minutes of the January 3, 2011, 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: Finance Committee: Mr. Kendall, Chairman, reported that Committee Members Schweser and Kendall recommend legislation be prepared approving a subordination of mortgage on the property at 1116 S. Crawford Street, part of security on a 2007 loan from the Downtown Building Repair Loan Program, so that the owners, Mr. and Mrs. William Arthur, can obtain a lower interest rate on the first mortgage on that property. This would have no impact on the City’s security or loan, which is current. The lending company requested emergency legislation to close the loan while the lower interest rate is available. It was noted that Committee Member Stubbs abstained from all discussion and recommendation on this item to avoid the appearance of a conflict of interest as his employer is the bank processing the loan. Report signed by Schweser and Kendall. Law & Ordinance Committee: Mr. Schweser, Chairman, reported that Committee had met regarding O-30-2010. Committee recommends that: * At the January 18 meeting of Council, there be a motion to amend Ordinance No. O-30-2010 to remove Section X from said Ordinance, and that the amended Ordinance be adopted. A motion for adoption cannot take place until the meeting following the amending of a zoning Ordinance, or not earlier than the Council meeting of February 7. We would support approval of the amended O-30-2010 at the February 7 meeting. Committee noted that Section X, is regarding two parcels (D45-002548 and D45-002550) that have been known as the Honeycreek development. * That new legislation be introduced on January 18 to zone Parcels D45-002548 and D45-002550 (the Honeycreek parcels) Agricultural-Residential. This will result in five readings of that legislation, a separate public hearing, and a Council Committee meeting prior to vote. (Entire copy of report attached to original minutes.) Report signed by Kendall, Phillips and Schweser. Recreation & Parks Committee: Mr. Stubbs, Chairman, reported as follows: 1) Committee recommends that legislation be prepared approving a contract for the mowing of the rough at Miami Shores to Fallview Land Improvements. This has been recommended by the Board of Park Commissioners, and should save the City approximately $9,000 a year. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to execute a NatureWorks Grant application to the Ohio Department of Natural Resources and that the legislation indicate the City’s agreement to obligate the funds necessary to complete a bark park at the Paul G. Duke Park. Committee noted that the project is estimated at $30,000, $10,000 is budgeted from the City’s Park and Recreation Capital Improvement Fund and the Troy Foundation has approved a $10,000 grant for the project. Reports signed by Clark, Hutchinson and Stubbs. January 18, 2011 Page Two COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: - Ray Kiser, 785 Pinehurst, Tipp City, Ohio, with the PTK group that has the option on the Honeycreek parcels, commented that he disagrees with removing those parcels from O-30-2010. He stated there are no plans for the future use of the land; however, the City worked hard to develop a proposed zoning, and he would not want to see those parcels removed from O-30-2010. - Lester Conard, 1210 S. Clay Street, stated he commented at the Committee meeting that he did not feel it appropriate to approve the contract mowing at the golf course and suggested Miami Shores be shut down for a while till the economy gets better in that the taxpayers have to subsidize the golf course operation. He said he was not suggesting the course be closed permanently, but put on hold or closed for a few days a week. - Denny Wannemacher, 1335 Greenfield Drive, stated he supported removing the Honeycreek area from the rezoning (O-30-2010). Regarding O-2-2011, he suggested the issue of who will be responsible for infrastructure improvements to adjacent roads needs to be addressed as he feels that will be a significant cost if the area is developed as that could change traffic patterns. RESOLUTION NO. R-1-2011 RESOLUTION AUTHORIZING THE SALE DURING CALENDAR YEAR 2011 OF MUNICIPALLY-OWNED PERSONAL PROPERTY WHICH IS NOT NEEDED FOR PUBLIC USE, OR WHICH IS OBSOLETE OR UNFIT FOR THE USE FOR WHICH IT WAS ACQUIRED BY INTERNET AUCTION, PURSUANT TO OHIO REVISED CODE SECTION 721.15 (D) This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Phillips. Yes: Stubbs, Harrah, Kendall, Schweser, Hutchinson, Clark and Phillips. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Phillips. Yes: Harrah, Kendall, Schweser, Hutchinson, Clark, Phillips and Stubbs. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-2-2011 RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS TO ENTER INTO A CONTRACT WITH FALLVIEW LAND IMPROVEMENTS This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Stubbs. Yes: Kendall, Schweser, Hutchinson, Clark, Phillips, Stubbs and Harrah. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Schweser, Hutchinson, Clark, Phillips, Stubbs, Harrah and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-3-2011 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO FILE AN APPLICATION FOR AN OHIO DEPARTMENT OF NATURAL RESOURCES NATUREWORKS GRANT This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Clark, Phillips, Stubbs, Harrah, Kendall and Schweser. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Clark, Phillips, Stubbs, Harrah, Kendall, Schweser and Hutchinson. No: None. RESOLUTION ADOPTED January 18, 2011 Page Three ORDINANCE NO. O-26-2010 AN ORDINANCE REPEALING SECTION 1149.09 AND AMENDING SECTION 521.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading on October 18, 2010. Given public hearing and second title reading on November 1, 2010. Given third title reading on November 15, 2010. Given fourth title reading on December 6, 2010. Given fifth title reading and amended on December 20, 2010. Given sixth title reading on January 3, 2011. Given seventh title reading. Mr. Schweser moved for adoption. Motion seconded by Mr. Phillips. Yes: Phillips, Stubbs, Harrah, Kendall, Schweser, Hutchinson and Clark. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-30-2010 ORDINANCE CHANGING THE ZONING DESIGNATION FOR VARIOUS PARCELS OF PROPERTY LOCATED IN THE CITY OF TROY, OHIO This Ordinance was given first title reading on December 6, 2010. Given public hearing and second title reading on December 20, 2010. Given third title reading on January 3, 2011. Given fourth title reading. A motion was made by Mr. Schweser, seconded by Mr. Kendall, to amend Ordinance No. O-30-2010 to remove Section X (parcels known as Honeycreek) from said Ordinance and to consider a separate Ordinance that would only cover the Honeycreek parcels -- Parcels D45-002548 and D45-002550 – to be zoned Agricultural-Residential. Yes: Stubbs, Harrah, Kendall, Schweser, Hutchinson, Clark and Phillips. No: None. MOTION TO AMEND O-30-2010 TO DELETE SECTION X APPROVED ORDINANCE NO. O-1-2011 ORDINANCE SUBORDINATING MORTGAGE LIEN FOR WILLIAM J. ARTHUR, AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Harrah, Kendall, Schweser, Hutchinson, Clark and Phillips. No: None. Abstain: Stubbs. Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Kendall, Schweser, Hutchinson, Clark, Phillips and Harrah. No: None. Abstain: Stubbs (to avoid the appearance of a conflict of interest as his employer is involved in the loan to Mr. Arthur.) ORDINANCE ADOPTED ORDINANCE NO. O-2-2011 ORDINANCE CHANGING THE ZONING DESIGNATION FOR VARIOUS PARCELS OF PROPERTY LOCATED IN THE CITY OF TROY, OHIO This Ordinance was given first title reading. January 18, 2011 Page Four COMMENTS OF THE MAYOR: The Mayor thanked and congratulated the members of the King Team on the January 17, 2011 Martin Luther King Day celebration. He noted that King Team members Mrs. Baker and Mr. Schweser worked hard on the program. He thanked Council member Phillips for also attending the January 17 events. The Mayor noted two scheduled events – Troy Community Works review on January 21 and Troy Main Street Annual Meeting on January 25. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented that: - Phase I (1st of five) bid for Dye Mill Road Improvement project was awarded in the amount of $148,643.25, which was considerably under the engineer’s estimate for this phase. Council authorized $1,010,000 for all five phases. - Congratulations to the four employees who have or will have retired by the end of January: Fire Department Platoon Commander Doug Lamka and Firefighter Douglas Ingle Public Works Division – David Hathaway and Bryan O’Toole. COMMENTS OF THE DIRECTOR OF LAW: Mr. Kerber commented that he has provided Council with his Annual Report. (Copy attached to original minutes.) COMMENTS OF MEMBERS OF COUNCIL: - Mr. Phillips commented that the keynote speaker at the Martin Luther King celebration had an excellent message about looking to the future. - Mr. Harrah stated he had been contacted by someone interested in raising funds for the bark park so that City funds would not have to be expended, and he will have that person contact Mr. Titterington. There being no further business, the meeting adjourned at 7:26 p.m. _________________/s/______________________ ________________/s/___________________ Clerk of Council President of Council |