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December 17, 2007 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, December 17, 2007 at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton. 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 Rev. Dr. James C. Wilson II, Pastor of the First United Methodist Church. MINUTES: The Clerk gave a summary of the minutes of the December 3, 2007 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Clark, seconded by Mr. Harrah, 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 consenting to the Ohio Department of Transportation (ODOT) constructing a turn lane from SR 41 to I-75 at no cost to the City. Committee noted that legislation for this project was authorized in August, but at that time it was assumed the City would have some charge. Committee noted that the legislation will be presented as an emergency measure as required by ODOT. Report signed by Clark, Kendall and Douglas. FINANCE COMMITTEE: Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing agreements with Rozzi's Famous Fireworks, Inc. and Rozzi's Inc. for the fireworks for 7-4-2008 at a cost not to exceed $31,500, which was the amount of the shows in 2006 and 2007. It was also noted that funding assistance from The Troy Foundation and the townships will be sought to reduce the City's net cost. It was also commented that corporate contributions would be welcome. Report signed by Douglas, Kendall and Mercer. LAW & ORDINANCE. Mrs. Saxton, Chairman, reported that Committee recommends legislation be prepared approving the replat of IL 6502 and dedication of right-of-way for Superamerica LLC located at SR 55 and Barnhart Road. Committee noted that at the time the roadway is improved, the property owner would be responsible for the improvement costs along its property frontage. Report signed by Douglas, Mercer and Saxton. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. None. RESOLUTION NO. R-66-2007 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACTS WITH ROZZI'S FAMOUS FIREWORKS, INC. AND ROZZI'S, INC. This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Harrah, Baker, Douglas, Kendall, Clark, Saxton and Mercer. No: None. December 17, 2007 Page Two Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Baker, Douglas, Kendall, Clark, Saxton, Mercer and Harrah. No: None. RESOLUTION 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 on November 18, 2007. Given second title reading on December 3, 2007. Given third title reading. Mr. Douglas moved for adoption. Motion seconded by Mrs. Saxton. Yes: Douglas, Kendall, Clark, Saxton, Mercer and Baker. No: Harrah. ORDINANCE ADOPTED ORDINANCE NO. O-84-2007 ORDINANCE AMENDING ORDINANCE NO. O-47-06, AS AMENDED BY ORDINANCE NUMBERS O-27-2007, O-29-2007, O-60-2007 AND O-71-2007 APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS OFFICES AND DEPARTMENTS OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah Yes: Kendall, Clark, Saxton, Mercer, Harrah, Baker and Douglas. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Clark, Saxton, Mercer, Harrah, Baker, Douglas and Kendall. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-85-2007 ORDINANCE ACCEPTING A REPLAT OF INLOT 6502 AND IN THE CITY OF TROY AND DEDICATING RIGHT OF WAY This Ordinance was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Saxton, Mercer, Harrah, Baker, Douglas, Kendall and Clark. No: None. Mr. Douglas moved for adoption. Motion seconded by Mrs. Saxton. Yes: Mercer, Harrah, Baker, Douglas, Kendall, Clark and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-86-2007 AN ORDINANCE AUTHORIZING CONSENT AND COOPERATION WITH THE OHIO DEPARTMENT OF TRANSPORTATION TO ADD A TURN LANE FROM SR 41 TO I-75 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. Douglas. Yes: Harrah, Baker, Douglas, Kendall, Clark, Saxton and Mercer. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Baker, Douglas, Kendall, Clark, Saxton, Mercer and Harrah. No: None. ORDINANCE ADOPTED December 17, 2007 Page Three ORDINANCE NO. O-87-2007 AN ORDINANCE AMENDING SECTION 1000.13170 (E) OF THE ZONING CODE OF THE CITY OF TROY, OHIO, RELATED TO CHANGEABLE COPY SIGNS This Ordinance was given first title reading. COMMENTS OF DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that at the prior meeting it was suggested that perhaps the overlooks on the Adams Street Bridge could be constructed as an alternate. However, it has been determined that the City would incur an additional $30,000-$40,000 for an alternate design, and that additional cost is not recommended. Mr. Titterington further advised that the final hydraulic study of the County will determine how many overlooks could be incorporated into the project, and the number may be less than four. The administration will continue to advise Council as there is new information on this project, including any consideration of removing the overlooks from the project if the bid is higher than estimated. Regarding snow removal efforts to date in December with two significant snow falls, $61,300 was expended (salt, materials, overtime). To date, for all of 2007 costs for snow removal and handling comes to about $210,000. RECOGNITION OF OUTGOING PRESIDENT OF COUNCIL AND MEMBERS OF COUNCIL. Mayor Beamish presented plaques in recognition of the service of: - Shirley M. Saxton, Councilmember-at-Large Jan. 1, 1998 – Dec. 31, 2007 - Ted S. Mercer, Third Ward Councilmember Jan. 1, 1996 – Dec. 31, 2007 - William F. Lohrer, First Ward Councilmember Jan. 1, 1994 – Dec. 31, 1997 and President of Council Jan. 1, 1998 – Dec. 31, 2007 The Mayor summarized some of the contributions to the community by the outgoing elected officials. Troy High School student Michael Hamm gave a speech of his appreciation of the leadership of Mr. Lohrer, and joined the Mayor in presenting the plaque to Mr. Lohrer. Mr. Lohrer, Mrs. Saxton and Mr. Mercer expressed their appreciation for being able to serve the City and City Council and thanked members of the City staff for their assistance and support. Other members of Council, elected officials, and Mr. Titterington thanked Mrs. Saxton, Mr. Mercer and Mr. Lohrer for their service to the City. AUDIENCE COMMENTS: Lester Conard, 1210 S Clay Street, commented that the outgoing elected officials have made it interesting and he hoped the new Council would keep the citizens in mind during 2008. STAFF COMMENTS: Chief Boehringer thanked the outgoing elected officials for their support of the Fire Department and wished everyone a “fire safe holiday season”. There being no further business, the meeting adjourned at 8:14 p.m. ________________/s/________________________ ________________/s/___________________ President of Council Clerk of Council |