|
November 19, 2007 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, November 19, 2007 at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall and Saxton. Upon motion of Mr. Douglas, seconded by Mrs. Saxton Mr. Mercer was excused from this meeting by unanimous roll call vote. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor Patrick E. J. Titterington, Director of Public Service and Safety W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Council member Kendall. MINUTES: The Clerk gave a summary of the minutes of the November 5, 2007 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. Douglas, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the intersection improvement at Stanfield Road and SR 41 at a cost not to exceed $225,000. Report signed by Clark, Kendall and Douglas. FINANCE COMMITTEE: Mr. Kendall reported as follows: 1) Committee recommends legislation be prepared to establish rates for the Cemetery effective January 1, 2008, with the structure to include rates for the new Columbarium in Section 13. 2) Committee recommends legislation be prepared to: o Amend Chapter 712 of the Codified Ordinances to assure that the City has the ability to assess a franchise fee in view of SB 117 that reduced the City’s impact on CATV franchises. Because vendors may want to come into Troy without having such a fee, Committee recommended emergency legislation. o Amend Chapter 711 of the Codified Ordinances to set the franchise fee at 5% (rather than 3%) effective on the first day of the month following 60 days after the effective date of the legislation. That the franchise fee legislation include a provision that 40% of the franchise fee (the additional 2%) be placed into a newly created Technology Fund for the future creation of a fiber backbone or other technological capital expenditures of the City. 3) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to purchase through the state purchasing program nine rugged laptops for the Police Department cruisers at a cost not to exceed $45,076.95, with Committee recommending emergency legislation as the price is only good until November 30. 4) Committee recommends the schedule of various fees be adjusted to include fees associated with Right-of-Way certificate of registration, Right-of-Way permit fees, and stormwater site development plan and site maintenance plan. Committee recommended emergency legislation as these fees are associated with other legislative items, and the emergency language would have them all effective at the same time. 5) That legislation be prepared to: o Meet the state mandate to establish a stormwater management plan that meets the requirements of OEPA. o Create a Stormwater Utility Fund to receive the revenues and fund the expenditures to meet the unfunded mandate regarding a stormwater management plan. o Establish a stormwater utility fee structure, with charges to start in January 2008 and be billed starting in February 2008. o Establish two new positions (Engineering Technician and Laborer) to be funded from the Stormwater Utility Fund to assist with stormwater maintenance. In that the City’s current permit associated with stormwater maintenance expires December 26, Committee recommended that the legislation be presented as emergency measures. (Copy of entire report attached to original minutes.) Reports signed by Douglas and Kendall. November 19, 2007 Page Two LAW & ORDINANCE. Mrs. Saxton, Chairman, gave an oral report of notice of transfer of liquor permits D1, D2, and D3 from Taggart’s on the Square to the Steven Smith, for the The Caroline LLC. UTILITIES COMMITTEE: Mrs. Baker, 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 a contract for the second phase of the SE Sewer Project (sanitary sewer near Dixie Ave. to existing sewers at Race and Williams Street) at a cost not to exceed $590,900. The funding will be $525,800 from the Sewer Fund and $65,100 from the Water Fund. 2) Committee recommends legislation be prepared to update the Ordinance Section regarding Street Opening Permits so that the language is consistent with the new sections on the Right-of-Way, and that the legislation also be an emergency measure. 3) Committee recommends legislation be prepared to: o Manage the occupancy and use of the Right-of-Way (ROW). o Assure that actual costs incurred are paid by the persons performing the work in the ROW. o Permit and manage access for utility and telecommunication purposes on a competitively neutral basis. o Conserve the capacity of the ROW for the benefit of the public. o Assure that those working within the ROW comply with ordinances and regulations. To accomplish this Committee recommends legislation be prepared to: -Enact Chapter 903 of the Codified Ordinances to permit the City to exercise control over the Right-of-Way. -Amend Chapter 901 of the Codified Ordinances related to street opening permits. This is the chapter under which most contractors operate. Certain provisions of Chapter 901 need to mirror the provisions of Chapter 903. Committee recommended the legislation be an emergency measure so that the provisions can be in place by January 1 (the starting date of most permits) and so that staff will have sufficient time to notify utility companies and contractors of record. Reports signed by Harrah and Baker. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. None. RESOLUTION NO. R-54-2007 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO AN AGREEMENT FOR THE STANFIELD ROAD AND STATE ROUTE 41 TURN LANE PROJECT This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Baker, Douglas, Kendall, Harrah, Clark and Saxton. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton. Yes: Douglas, Kendall, Harrah, Clark, Saxton and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-55-2007 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO PURCHASE LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT 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. Kendall. Yes: Kendall, Harrah, Clark, Saxton, Baker and Douglas. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Harrah, Clark, Saxton, Baker, Douglas and Kendall. No: None. RESOLUTION ADOPTED November 19, 2007 Page Three RESOLUTION NO. R-56-2007 RESOLUTION ESTABLISHING THE BASE RATE FOR THE STORMWATER MANAGEMENT UTILITY SERVICE CHARGE AS AUTHORIZED BY THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Clark, Saxton, Baker, Douglas, Kendall and Harrah. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Kendall. Yes: Saxton, Baker, Douglas, Kendall and Clark. No: Harrah. RESOLUTION ADOPTED RESOLUTION NO. R-57-2007 RESOLUTION ADJUSTING FEES REALTED TO THE ZONING CODE, SUBDIVSION REGULATIONS AND DEVELOPMENT DEPARTMENT IN THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Douglas, Kendall, Harrah, Clark and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Douglas, Kendall, Harrah, Clark, Saxton and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-58-2007 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO AN AGREEMENT FOR THE COMPLETION OF PHASE 2 OF THE SOUTHEAST SEWER IMPROVEMENT This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Kendall, Harrah, Clark, Saxton, Baker and Douglas. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Harrah. Yes: Harrah, Clark, Saxton, Baker, Douglas and Kendall. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-70-2007 AN ORDINANCE AMENDING CHAPTER 717 OF THE CODIFIED ORDINANCES OF TROY, OHIO RELATED TO USE OF PUBLIC SIDEWALKS, MERCHANDISE DISPLAY AND SALES This Ordinance was given first title reading on November 5, 2007. Given second title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Clark, Saxton, Baker, Douglas, Kendall and Harrah. No: None. Mr. Harrah moved for adoption. Motion seconded by Mrs. Saxton. Yes: Saxton, Baker, Douglas, Kendall, Harrah and Clark. No: None. ORDINANCE ADOPTED November 19, 2007 Page Four ORDINANCE NO. O-71-2007 ORDINANCE AMENDING ORDINANCE NO. O-47-06, AS AMEMDED BY ORDINANCE NUMBERS O-27-2007, 0-29-2007, AND O-60-2007, APPROPRIATING FUNDS FOR THE VAROIUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO FOR THE YEAR 2007 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Douglas, Kendall, Harrah, Clark and Saxton. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Clark. Yes: Douglas, Kendall, Harrah, Clark, Saxton and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-72-2007 AN AMENDED ORDINANCE AMENDING SECTION 711.06 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO AND AMENDING THE FRANCHISE AGREEMENT INCREASING THE FRANCHISE FEE CHARGED BY THE CITY TO TIME WARNER CABLE COMPANY FROM 3% TO 5% AND ESTABLISHING A TECHNOLOGY FUND This Ordinance was given first title reading. A motion was made by Mr. Kendall, seconded by Mr. Douglas, to amend O-72-2007 as follows: That the third “Whereas” read: “Whereas the City desires to establish a fund to support future City capital expenses related to technology needs.” That Section IV read: “That upon the approval of the state to establish a Technology Fund, 40% of the franchise fee revenue shall be deposited into that fund to offset the costs of future technological capital expenditures for the City.” Vote on amendment: Yes: Kendall, Harrah, Clark, Saxton, Baker and Douglas. No: None. MOTION TO AMEND APPROVED The amended Ordinance was then given first title reading. ORDINANCE NO. O-73-2007 AN ORDINANCE ENACTING CHAPTER 712 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGARDING PROVISIONS FOR COMPETITIVE VIDO SERVICE AUTHORIZATION, ESTABLSHING FEES, DEFINING CERTAIN TERMS, AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO PROVIDE CERTAIN NOTICE TO THE VIDEO SERVICE PROVIDERS OFFERING VIDEO SERVICES IN THE CITY PURSUANT TO STATE AUTHORIZATION AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Harrah, Clark, Saxton, Baker, Douglas and Kendall. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Clark, Saxton, Baker, Douglas and Kendall. No: Harrah. ORDINANCE ADOPTED ORDINANCE NO. O-74-2007 AN ORDINANCE ENACTING CHAPTER 903 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO PUBLIC RIGHT-OF-WAYS, CONSTRUCTION, INSTLALATON OF FACILITIES AND OTHER WORK IN THE RIGHTS-OF-WAY, AND SETTING FEES FOR SUCH ACTIVITY IN THE CITY RIGHTS-OF-WAY AND DECLARING AN EMERGENCY This Ordinance was given first title reading. November 19, 2007 Page Five Mrs., Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Saxton, Baker, Douglas, Kendall, Harrah and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Baker, Douglas, Kendall, Harrah, Clark and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-75-2007 AN ORDINANCE AMENDING SECTION 733.02 AND ENACTING SECTION 733.05 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGARDING SIDEWALK CONTRACTORS AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Douglas, Kendall, Harrah, Clark, Saxton and Baker. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Kendall, Harrah, Clark, Saxton, Baker and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-76-2007 AN ORDINANCE AMENDING CHAPTER 901 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO STREET OPENINGS AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Harrah, Clark, Saxton, Baker, Douglas and Kendall. No: None. Mr. Harrah moved for adoption. Motion seconded by Mrs. Baker. Yes: Clark, Saxton, Baker, Douglas, Kendall and Harrah. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-77-2007 AN ORDINANCE AMENDING CHAPTER 1123 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO STORMWATER MANAGEMENT AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Saxton, Baker, Douglas, Kendall, Harrah and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Baker. Yes: Baker, Douglas, Kendall, Harrah, Clark and Saxton. No: None. ORDINANCE ADOPTED November 19, 2007 Page Six ORDINANCE NO. O-78-2007 AN ORDINANCE CREATING A STORMWATER UTILITY FUND AND ENACTING CHAPTER 920 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGARDING A STORMWATER UTILITY, AND ESTABLISHING A STORMWATER RATE STRUCTURE WHICH WILL PROVIDE FOR THE FUNDING OF THE OPERATION, MAINTENANCE, AND IMPROVEMENT OF THE STORMWATER SYSTEM WITHIN THE CITY LIMITS AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Douglas, Kendall, Harrah, Clark, Saxton and Baker. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Kendall, Clark, Saxton, Baker and Douglas. No: Harrah ORDINANCE ADOPTED ORDINANCE NO. O-79-2007 ORDINANCE AMENDING SECTION 935.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO CEMETERY FEES This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Harrah, Clark, Saxton, Baker, Douglas and Kendall. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas Yes: Clark, Saxton, Baker, Douglas, Kendall and Harrah. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR. Mayor Beamish wished everyone a happy Thanksgiving. He also noted that the Christmas Tree lighting will take place on Friday, November 23. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington thanked Mr. Kendall and Mr. Douglas for amending O-72-2007. He commented that it seemed there was some confusion related to that Ordinance with an assumption that the additional 2% franchise fee would only be for fiber backbone. The use of those revenues would be determined by Council. Fiber backbone is an option, but the change in the Ordinance makes it clear that there is no immediate assumption that the Technology Fund would only be used for fiber backbone. He hopes that the fund, however used, would be to make City operations more efficient. COUNCIL COMMENTS. -Members of Council stated wishes for a Happy Thanksgiving. -Mr. Clark encouraged continuing to look for third frontier fund for fiber optics. -Mrs. Baker commented that JVS students have worked with members of the City Beautification Committee to install a lighted archway on Prouty Plaza to enhance the holiday lighting. -Mr. Kendall stated his appreciation for the work to amend the legislation regarding the use of the proposed additional franchise fee revenues. -Mr. Harrah commented that his no votes on R-56-2007 and O-78-2007 were due to his conservatism. He stated he agrees that economic development must remain the number one priority, but with prices going up for the citizens he would prefer to see the City exercise all possible ways to lower taxes and cut expenses rather than increase and add fees for the residents. November 19, 2007 Page Seven PRESENTATION. Kirt Rinehart, Chief Engineer of the Miami Conservancy District (MCD) provided an update on MCD issues throughout the MCD coverage area. For Troy, work continues to design the revetment work which will take place in 2008 or 2009. The State has inspected the five dams of the MCD and found them to be in good condition. For the entire area, MCD continues to work on matters including low dam education programs, use of the river and safe boating. He commented that the State Legislature has legislation pending that could impact the operation of the MCD. Mrs. Baker asked if the revetment (concrete) will be as high as now exists. Mr. Rinehart stated concrete would not be as high, but there would have more grass area to replace the concrete areas. Mrs. Baker asked about dredging and Mr. Rinehart stated no work is planned. Mr. Clark asked if there would be work on the Troy dam, such as recreational enhancements. Mr. Rinehart stated that as the City owns the dam, the MCD would not be improving the dam. Mr. Lohrer asked about any impact due to the lack of rain. Mr. Rinehart stated that the whole water shed is down in rainfall, but there has not been a long term effect. There being no further business, the meeting adjourned at 8:14 p.m. __________________/s/____________________ __________________/s/_______________________ President of Council Clerk of Council |