BRYAN CITY COUNCIL MARCH 20, 2017

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1 BRYAN CITY COUNCIL MARCH 20, 2017 Council President Richard Hupe opened the meeting with the following members present: Keith Day, Carrie Schlade, Judy Yahraus, and Tommy Morr. Also present were: Mayor Doug Johnson, City Attorney Rhonda Fisher, Police Chief Mike Willis, Parks and Recreation Director Benjamin Dominique, Wastewater Superintendent Ric Homier, Assistant Wastewater Superintendent Wes Wygant, City Engineer Brian Wieland, Fire Captain Gary Merschdorf, Board of Public Affairs members Richard Long, Jim Salsbury and Tom Sprow, and Clerk-Treasurer Laura Rode. Mrs. Yahraus moved, Mrs. Schlade seconded, to approve the minutes of the March 6, 2017, Regular Meeting as written. Roll call vote: Mr. Day moved, Mrs. Schlade seconded, to approve the February 28, 2017, Clerk- Treasurer s report as presented by Clerk-Treasurer Rode. Roll call vote: all ayes; nays, none. Motion carried. Ordinance No. 5, 2017, titled, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH M&M ASPHALT, LLC FOR THE PROJECT KNOWN AS 2017 STREET IMPROVEMENT OF MAYBERRY DRIVE FROM NEWDALE DRIVE TO YMCA ENTRANCE, BRYAN, OHIO. was presented and read by title only. City Engineer Wieland reviewed for Council the bids for the 2017 Street Improvement of Mayberry Drive project. He recommended to Council to move forward with M&M Asphalt at a cost of $254, as they were the lowest and best bid. Further discussion was held. Mrs. Schlade moved, Mrs. Yahraus seconded, to suspend the reading of Ordinance No. 5, Mr. Day moved, Mr. Morr seconded, to pass Ordinance No. 5, Roll call vote: all Ordinance No. 6, 2017, titled, AN ORDINANCE TO CREATE SECTION 959 ET. SEQ., SMALL CELL WIRELESS FACILITIES, WITHIN TITLE IX STREETS, UTILITIES, AND PUBLIC SERVICES OF THE BRYAN MUNICIPAL CODE, TO PROVIDE WIRELESS COMMUNICATION COMPANIES WITH ACCESS TO THE RIGHT-OF-WAY, IN ORDER TO COMPLY WITH FEDERAL LAW AND WITH OHIO REVISED CODE SECTIONS

2 TO ESTABLISH CLEAR RULES FOR THE SITING, CONSTRUCTION AND MAINTENANCE OF WIRELESS COMMUNICATION FACILITIES IN THE RIGHT-OF-WAY, AND TO PROTECT THE CITY S INTEREST IN PRESERVING THE RIGHT-OF- WAY AESTHETICALLY AND AS A PEDESTRIAN-FRIENDLY THOROUGHFARE AND DECLARING AN EMERGENCY. was presented and read by title only. As City Attorney Fisher had previously reviewed with Council, Senate Bill 331 which takes effect March 21, 2017, requires municipalities to allow small cell wireless facilities in the right-of-way. This ordinance provides the necessary legislation and the guidelines will be provided. She thanked City Engineer Wieland, Electric Superintendent Sullivan, and Engineering Supervisor Gardner for their assistance on the issue. Further discussion was held. Mrs. Yahraus moved, Mr. Day seconded, to suspend the reading of Ordinance No. 6, Mr. Day moved, Mrs. Schlade seconded, to pass Ordinance No. 6, Roll call vote: Resolution No. 8, 2017, titled, A RESOLUTION AUTHORIZING THE CLERK-TREASURER TO ADVERTISE FOR BIDS FOR THE PROJECT KNOWN AS 2017 NORTH MYERS STREET 300 BLOCK SANITARY SEWER. was presented and read by title only. City Engineer Wieland requested Council s permission to bid for the 2017 North Myers Street 300 Block Sanitary Sewer project. Mr. Morr moved, Mrs. Yahraus seconded, to suspend the reading of Resolution No. 8, Mr. Day moved, Mrs. Schlade seconded, to pass Resolution No. 8, Roll call vote: Parks and Recreation Director Dominique approached Council requesting permission to hire seasonal part time employees for If approved, these employees would begin work as they are available. Further discussion was held. Mrs. Yahraus moved, Mrs. Schlade seconded to hire the following seasonal part-time employees for 2017 in the Parks and Recreation Department: Keith Engstrom Dan Layman John Hall Bryson North

3 Bob Kunsman David Miller Kyle Rupp Zakary Kern Peyton Spiess Jaret Miller Lucas Nye Roll call vote: Mayor Johnson then requested Council s consideration to move Assistant Wastewater Superintendent Wygant to the Wastewater Superintendent position effective April 1, Mr. Morr moved, Mr. Day seconded, to move Assistant Wastewater Superintendent Wygant to the Wastewater Superintendent position effective April 1, 2017, taking him from $56, to $66, Roll call vote: Mayor Johnson requested permission to post for an Assistant Wastewater Superintendent position. Mrs. Yahraus moved, Mrs. Schlade seconded, to post for an Assistant Wastewater Superintendent position. Roll call vote: Ordinance No. 7, 2017, titled, AN ORDINANCE PROVIDING FOR ANNUAL APPROPRIATIONS FOR THE CITY OF BRYAN, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2017 AND DECLARING AN EMERGENCY. was presented and read by title only. Clerk-Treasurer Rode detailed the appropriations requested as they pertained to monies from dormant funds being returned to originating funds per Williams County Common Pleas Court. She continued that the following ordinance permits the transfer of said monies. Mr. Day moved, Mr. Morr seconded, to suspend the reading of Ordinance No. 7, 2017, on three separate days. Roll call vote: Mrs. Yahraus moved, Mrs. Schlade seconded, to pass Ordinance No. 7, Roll call vote: Ordinance No. 8, 2017, titled, AN ORDINANCE PROVIDING FOR THE TRANSFER OF FUNDS FOR THE CITY OF BRYAN, FOR THE MONTH ENDING MARCH 31, 2017

4 was presented and read by title only. Clerk-Treasurer Rode detailed the transfers requested. Mrs. Schlade moved, Mrs. Yahraus seconded, to suspend the reading of Ordinance No. 8, Mr. Day moved, Mr. Hupe seconded, to pass Ordinance No. 8, Roll call vote: all Police Chief Willis presented Council with the annual report for the Police Department. Discussion was held following the presentation. Councilman Morr inquired about passing legislation in opposition of the proposed changes to income tax as proposed by Governor Kasich. Further discussion was held. Several Council members wished Wastewater Superintendent Homier well in his retirement and Assistant Wastewater Superintendent Wygant good luck in his new position. Mayor Johnson noted that a GIS presentation will be made to Council on April 3, A brief recess was taken. Mr. Day moved, Mrs. Yahraus seconded, to go into Executive Session for discussion regarding the acquisition of property at 7:55 p.m. Roll call vote: all ayes; nays, none. Motion carried. Asked to attend the Executive Session were: Mayor Johnson, City Attorney Fisher, Wastewater Superintendent Homier, Assistant Wastewater Superintendent Wygant, Tim Harmsen with Arcadis, and City Clerk-Treasurer Rode. Mrs. Schlade moved, Mr. Day seconded, to adjourn Executive Session at 8:39 p.m. Roll call vote: Discussion was held regarding applying to the Ohio Water Development Authority for a $2,500,000 loan for the Wastewater Treatment Plant Effluent Disinfection Grit Removal and Digester Improvements project. City Attorney Fisher advised Council that she had reviewed the cooperative agreement and approved it for Mayor Johnson s signature. Ordinance No. 9, 2017, titled, AN ORDINANCE AUTHORIZING MAYOR DOUGLAS G. JOHNSON TO APPLY FOR, ACCEPT, AND ENTER INTO A COOPERATIVE AGREEMENT FOR CONSTRUCTION OF WWTP EFFLUENT

5 DISINFECTION GRIT REMOVAL AND DIGESTER IMPROVEMENTS PROJECT BETWEEN THE CITY OF BRYAN AND THE OHIO WATER DEVELOPMENT AUTHORITY AND DECLARING AN EMERGENCY. was presented and read by title only. Mr. Day moved, Mrs. Yahraus seconded, to suspend the reading of Ordinance No. 9, Mrs. Schlade moved, Mr. Morr seconded, to pass Ordinance No. 9, Roll call vote: Mr. Morr moved, Mrs. Yahraus seconded, to adjourn the meeting. Roll call vote: all President of Council Clerk-Treasurer