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June 2, 2008 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, June 2, 2008 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: 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 Hutchinson. PUBLIC HEARING: At 7:02 p.m. Mrs. Baker announced open a public hearing on Ordinance No. O-11-2008, regarding the Board of Architectural Review being the appeals body regarding fence provisions. There were no comments in this regard, and at 7:03 p.m. Mrs. Baker declared this public hearing closed. MINUTES: The Clerk gave a summary of the minutes of the May 19, 2008 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Harrah, seconded by Mr. Schweser, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee. Mr. Harrah, Chairman, reported that Committee recommends approval of the CDBG application for $90,000 to be used as follows – $78,500 for a downtown areaway improvement (adjacent to The REC) and further improvement of the first 60’ of the alley from the Public Square SE to East Franklin Street as well as the annual support of the Fair Housing Board and fund administration. Committee noted legislation would not be presented until the meeting of June 16, following the required staff public hearing. Report signed by Douglas, Kirkham and Harrah. Finance Committee: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends a one-year renewal of the agreement for prosecutorial services with Miami County whereby the City serves as a pass through for the payment of Assistant Prosecutors for prosecuting all cases arising from the unincorporated areas. As the current agreement expires in June, emergency legislation was recommended. 2) Committee recommends legislation be prepared amending Sections 521.11(g) and 521.11(h) of the Codified Ordinances related to noxious weeds to include an administrative fee of 20% when non-compliant properties are mowed by the City. Because we are already in the season when such violations are being processed, emergency legislation was recommended. 3) Committee recommends Section 920.14 of the Codified Ordinances be amended to provide for the stormwater charge to be on the same schedule for billing, collection, and arrearage prior to disconnection as the charges for water, sewer and recycling. Committee supports emergency legislation so that the clarification is effective without delay. Discussion. Mr. Dixon commented that he corrected a typo that was in the initial stormwater legislation. Reports signed by Kendall, Schweser and Douglas. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. Jerry Stichter, 467 W. Staunton Road, asked Council not to approve Ordinances No. O-9-2008 and O-10-2008 to help maintain community values. He indicated he felt the sale of alcohol at Hobart Arena is proposed to address the financial subsidy of the Arena and if alcohol is such an income producer it should be allowed at concerts, festivals, and in areas such as the Stadium. He suggested Council could make Hobart Arena a priority and generate other ideas to address the subsidy. Debra Stichter, 467 W. Staunton Road, commented that by having the citizens vote on the sale of alcohol at Hobart Arena, Council was passing on their responsibility to deal with the Arena. She also commented that she was not contacted after providing Council with information and research, and she encouraged Council to vote no on the Ordinance on this issue. Lester Conard, 1210 S. Clay Street, commented that he supports the comments of Mr. Stichter, noting that the only things he sees regarding police activities involve drugs, alcohol issues and shoplifting. June 2, 2008 Page Two RESOLUTION NO. R-21-2008 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO RENEW AN AGREEMENT WITH THE MIAMI COUNTY BOARD OF COMMISSIONERS TO PROVIDE PROSECUTORIAL SERVICES IN MIAMI COUNTY, OHIO 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: Kirkham, Douglas, Harrah, Schweser, Clark, Kendall and Hutchinson. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Douglas, Harrah, Schweser, Clark, Kendall, Hutchinson and Kirkham. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-9-2008 ORDINANCE PLACING A LOCAL LIQUOR OPTION CONCERNING A COMMUNITY FACILITY ON THE BALLOT FOR NOVEMBER 4, 2008 GENERAL ELECTION IN THE CITY OF TROY, OHIO This Ordinance was given first title reading on May 19, 2008. Given second title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Harrah, Schweser, Clark, Kendall, Hutchinson and Kirkham. No: Douglas. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Clark, Kendall, Hutchinson, Kirkham and Harrah. No: Douglas. ORDINANCE ADOPTED ORDINANCE NO. O-10-2008 ORDINANCE AMENDING SECTION 933.20 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO THE USE OF ALCOHOLIC BEVERAGES IN PARK AREAS IN THE CITY OF TROY This Ordinance was given first title reading on May 19, 2008. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. There was no second. Mr. Hutchinson moved to postpone the third reading of Ordinance No. O-10-2008 until the November 17, 2008 Council meeting so that we will know the results of the anticipated city wide vote in response to Ordinance No. O-9-2008. Motion seconded by Mr. Harrah. Comments: Before voting, Mr. Clark explained his vote, stating he had supported O-10-2008 in order to give the Recreation Director the tools to be able to sell alcohol at Hobart Arena on a temporary basis to see how well such sale worked and to help provide an educational process. Yes: Kendall, Hutchinson, Kirkham, Douglas, Harrah and Schweser. No: Clark. MOTION PASSED, ORDINANCE POSTPONED TO NOVEMBER 17, 2008 ORDINANCE NO. O-11-2008 AN ORDINANCE AMENDING SECTION 521.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO AND ENACTING SECTION 1000.13920(G) OF THE ZONING CODE OF THE CITY OF TROY, OHIO REGARDING FENCES, VARIANCES, AND APPEALS This Ordinance was given first title reading on May 19, 2008. Given second title reading. June 2, 2008 Page Three Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Kendall, Hutchinson, Kirkham, Douglas, Harrah, Schweser and Clark. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah. Yes: Hutchinson, Kirkham, Douglas, Harrah, Schweser, Clark and Kendall. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-12-2008 ORDINANCE AMENDING ORDINANCE NO. O-49-06, AS AMENDED BY ORDINANCE NUMBERS O-40-2007 AND O-65-2007, FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading on May 19, 2008. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Kirkham, Douglas, Harrah, Schweser, Clark, Kendall and Hutchinson. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Douglas, Harrah, Schweser, Clark, Kendall, Hutchinson and Kirkham. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-13-2008 AN ORDINANCE AMENDING SECTION 920.14 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGARDING THE PAYMENT OF CHARGES, AND AMENDING SECTION 920.07 OF THE CODIFIED ORDINANCES TO CORRECT A TYPOGRAPHICAL ERROR IN THE FIRST PARAGRAPH AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Kirkham. Yes: Harrah, Schweser, Clark, Kendall, Hutchinson, Kirkham and Douglas. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Harrah. Yes: Schweser, Clark, Kendall, Hutchinson, Kirkham, Douglas and Harrah. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-14-2008 ORDINANCE AMENDING SECTIONS 521.11(g) AND 521.11(h) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY REGARDING RECOVERY OF ADMINISTRATIVE COSTS RELATED TO NOXIOUS WEEDS AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Harrah, Schweser, Clark, Kendall, Hutchinson, Kirkham and Douglas. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Schweser, Clark, Kendall, Hutchinson, Kirkham, Douglas and Harrah. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-15-2008 ORDINANCE AMENDING ORDINANCE NO. O-49-06, AS AMENDED BY ORDINANCE NUMBERS O-40-2007, O-65-2007, AND O-12-2008; AMENDING ORDINANCE NO. O-48-06, AS AMENDED BY ORDINANCE NUMBERS O-40-2007, O-66-2007, AND O-67-2007; AND AMENDING ORDINANCE NO. O-51-06, FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO, AND DECLARING AN EMERGENCY This Ordinance was given first title reading. June 2, 2008 Page Four Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Clark, Kendall, Hutchinson, Kirkham, Douglas, Harrah and Schweser. No: None Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Kendall, Hutchinson, Kirkham, Douglas, Harrah, Schweser and Clark. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-16-2008 ORDINANCE AMENDING ORDINANCE NO. O-49-06, AS AMENDED BY ORDINANCE NUMBERS O-40-2007, O-65-2007, O-12-2008, AND O-15-2008, FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO, 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. Schweser. Yes: Hutchinson, Kirkham, Douglas, Harrah, Schweser, Clark and Kendall. No: None Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Kirkham, Douglas, Harrah, Schweser, Clark, Kendall and Hutchinson. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR: Mayor Beamish commented that he viewed the sale of alcohol at Hobart Arena as a community changing event and, as such, it is appropriate for a community-wide vote. Out of respect for the voters, he will not veto the legislation to place the issue on the ballot (O-9-2008). The Mayor further commented that to be true to his personal conviction that Hobart Arena is not a venue for the sale of alcohol, he will not sign the Ordinance, however it will be considered approved without his signature in 10 days. With regard to the Strawberry Festival (June 6-8), the Mayor complimented the in-kind work of City staff and the work of the many festival volunteers. The Mayor noted that a number of opportunities are coming up for the summer’s Treasure Island Adventure Series. COUNCIL PRESIDENT COMMENTS. Mrs. Baker noted that the ice floor is back on Hobart Arena for summer skating. COUNCIL COMMENTS: -Mr. Kendall thanked Council for not acting on O-12-2008 at the prior meeting so that he could have an opportunity to have some questions answered. -Mr. Clark echoed the comments of the Mayor regarding the Treasure Island Adventure Series. He noted that a local company allows employees a free paid day to volunteer within the community and stated he hopes other businesses will do the same. -Mr. Schweser wished the Strawberry Festival Chairman, committee chairs and volunteers a great Festival weekend and commented how fortunate Troy is to have so many who volunteer. AUDIENCE COMMENTS: -Jerry Stichter thanked Mr. Douglas for his no votes on Ordinances O-9-2008 and O-10-2008. Mr. Douglas stated that his stand on the issue has never waivered and he does not feel the sale of alcohol is a solution to the finances of Hobart Arena. -Lester Conard, 1210 S. Clay Street, spoke regarding Treasure Island, commented that with the City’s budget and job cuts, it seems that the last thing would be to think about putting any money in Treasure Island, and the citizens have not received any information about it. It was commented that entities other than the City are funding the Adventure Series, especially The Troy Foundation, and the program is to promote river awareness in the area. Mr. Clark noted that Treasure Island has been listed and discussed as part of the City’s priorities for a number of years. June 2, 2008 Page Five -Charles Cochran, President of the Troy Area Chamber of Commerce and Troy Development Council, thanked the City for all the assistance with the Strawberry Festival. Mr. Cochran commented that the festival is the result of a public-private partnership for the benefit of the overall community. There being no further business, the meeting adjourned at 7:45 p.m. ___________________/s/_____________________ _________________/s/__________________ President of Council Clerk of Council |