Minutes of the Meeting of Council

Minutes of the Meeting of Council February 22, 2006

These minutes are unofficial and must be formally approved by Council at the next meeting.

The Council of the City of Sylvania, Ohio met in regular session on Wednesday, February 22, 2006 at 7:30 p.m. with Mayor Craig A. Stough in the chair. Roll was called with the following members present: Dr. Read Backus, John A. Borell, Jr., Mark Bula, Keith M. Haddad, Doug Haynam, Mark Luetke, Barbara R. Sears (7); absent: (0)		Roll call: all present.

Mayor Stough led the Pledge of Allegiance to the United States of America.		Pledge of Alleg.

Mayor Stough stated that Council will now consider agenda item 3.

Requests were made for the following additions to the agenda: 14a. Utilities Committee meeting report. 14b. Employee & Community Relations Committee report. 14c. Finance Committee report. 14d. Annexation & Zoning Committee report. 16. Discussion on the July 3 fireworks. 17. Council to adjourn to executive session to discuss personnel issues. Mrs. Sears moved, Mr. Borell seconded, to approve the agenda as amended; roll call vote being: Backus, Borell, Bula, Haddad, Haynam, Luetke, Sears (7) yeas; (0) nays. The motion carried.		Additions to the agenda.

Mayor Stough stated that Council will now consider agenda item 4.

Mrs. Sears presented the February 6 meeting minutes. Mrs. Sears moved, Dr. Backus seconded, that since the Mayor, members of Council, and others had been furnished copies of these minutes prior to this meeting, Council dispense with the reading of these minutes at this time, and the journal of the minutes of the meeting of February 6, 2006 be approved, provided there are no amendments from members of Council. Mr. Haynam moved, Mr. Bula seconded, that the minutes be amended so that a final sentence can be added to agenda item 8: “The administration agreed that they will propose a capital budget for 2006;” roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears, Backus (7) yeas; (0) nays. The motion carried.		Amendment to February 6 minutes.

Mrs. Sears moved, Dr. Backus seconded, that the journal of the minutes of the meeting of February 6, 2006 be approved as amended; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		Approval of the Feb. 6 minutes as amended.

Mayor Stough stated that Council will now consider agenda item 5.

Mayor Stough presented framed Resolution No. 2-2006 to Eugene F. Paul, commending and thanking him for his contributions and dedication during his more than 50 years of service to the Sylvania community.		Resolution to Gene Paul.Mayor

Stough stated that Council will now consider agenda item 6.

Mayor Stough presented the request from the Board of Elections for volunteers to work as “trouble shooters” for the May 2 partisan primary election. A scheduled representative from the board could not attend. The trouble shooters will be paid, and reimbursed for mileage and cell phone usage. Mr. Haynam suggested that the information be posted on the City’s web site.		Board of Elections request.

Mayor Stough stated that Council will now consider agenda item 7.

Mr. Haynam read aloud by title only, for the Third Reading, proposed Ordinance No. 1-2006, “Amending the Codified Ordinances of Sylvania, 1979, as amended, by enacting a new Chapter 1166 - Sign Regulations.” After discussion about the amendments made since the First Reading of the Ordinance, Mr. Haynam moved, Mrs. Sears seconded, to amend the Ordinance by substituting the entire sign code that was received with the February 6 agenda packet for the one that was distributed prior to previous meetings.		Third Reading of Ordinance 1-2006.

Mr. Luetke moved, Mr. Borell seconded, to amend Section 1166.03 Permit Required, by adding: “(17) Temporary signs in zoning districts other than residential that conform to the requirements of Section 1166.07 ( c) and are less than or equal to fifteen (15) square feet in size may be displayed for a reasonable period. A reasonable period of display for Temporary Signs which refer to or are related to a specific event or occurrence shall not exceed seventy (70) days prior to and seven (7) days after the event or occurrence to which the Temporary Sign pertains.” Three people spoke about their concerns for some portions of the proposed code. Mr. Haynam addressed their comments, and said that he believes that the code is appropriate constitutionally. The vote on Mr. Luetke’s motion to add (17) to Section 1166.03 being: Haddad, Haynam, Luetke, Sears, Backus, Borell, Bula (7) yeas; (0) nays. The motion carried.		Amendment to the sign code ordinance.

The vote on the motion making the latest distribution of Ordinance 1-2006 the final version: Haynam, Luetke, Sears, Backus, Borell, Bula, Haddad (7) yeas; (0) nays. The motion carried.

Mr. Haynam moved, Mrs. Sears seconded, final passage of Ordinance No. 1-2006 as amended; roll call vote being: Luetke, Sears, Backus, Borell, Bula, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		Final passage of Ordinance 1-2006.

Mayor Stough stated that Council will now consider agenda item 8.

Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 6-2006, a written copy of same having been previously furnished to each member of Council, “Modifying the recommendation of the Municipal Planning Commission to grant a special use permit for Kroger Company to construct a Kroger Fuel Center for the sale of gasoline at 6235 Monroe Street, Sylvania, Ohio, on the application of Tom Cowen; approving the recommendation as modified; and declaring an emergency.” Mr. Haynam moved, Mrs. Sears seconded, that Council dispense with the Second and Third Readings of said Ordinance. Mr. Haddad entered a petition containing 24 signatures which was submitted to him by Mary Jane Delvern, who could not attend tonight’s meeting. The signatures represent Sylvania residents opposed to the proposed fuel center mainly because there are three service stations on Monroe Street within 6/10 of a mile of the site. The owner of Soft Touch, 6307 Monroe Street, presented the same petition with 104 signatures. He also said that the fuel center will hurt his business, and contribute to the traffic congestion. Mr. Haddad noted that the station abuts Ten Mile Creek, and Deputy Director of Public Service Robert Oberly said that the City and the fire department are prepared to isolate and respond to a tanker issue. The vote on the motion dispensing with the Second and Third Readings being: Sears, Backus, Borell, Bula, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		Ordinance 6-2006, “...Special Use Permit... Kroger Fuel Center...6235 Monroe...”

Mr. Haynam moved, Mrs. Sears seconded, that Ordinance No. 6-2006 be enacted as an emergency measure as declared therein; roll call vote being: Backus, Borell, Bula, Haynam, Luetke, Sears (6) yeas; Haddad (1) nay. The motion carried.

Mayor Stough stated that Council will now consider agenda item 9.

Mr. Haynam presented the Planning Commission’s recommendation for zoning ordinance amendment petition no. SUP-1-2006, a request for a special use to permit the operation of a recreational facility for cheerleading and gymnastics at 3618 King Road. Mr. Haynam moved, Mrs. Sears seconded, to set the public hearing date for April 3, 2006 at 7:00 p.m., and to authorize the clerk to advertise for same; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears, Backus (7) yeas; (0) nays. The motion carried.		Public hearing for SUP-1-2006, April 3, 7:00 p.m.

Mayor Stough stated that Council will now consider agenda item 10.

Mr. Haynam presented the Planning Commission’s recommendation for zoning ordinance amendment petition no. SUP-2-2006, which was originally no. ZA-1-2006, a request for a special use permit to allow for the construction of a long term acute care hospital at 5200 and 5430 Alexis Roads. Mr. Haynam moved, Mr. Bula seconded, to set the public hearing date for April 3, 2006 at 7:15 p.m., and to authorize the clerk to advertise for same; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		Public hearing for SUP-2-2006, April 3, 7:15 p.m.

Mayor Stough stated that Council will now consider agenda item 11.

Mrs. Sears moved, Mr. Luetke seconded, to confirm Mayor Stough’s appointment of Roger Barnes to fill a vacancy on the Sylvania Tree Commission for a term expiring December 31, 2008; roll call vote being: Haddad, Haynam, Luetke, Sears, Backus, Borell, Bula (7) yeas; (0) nays. The motion carried.		Confirmation of appointment to Tree Comm.

Mayor Stough stated that Council will now consider agenda item 12.

Mrs. Sears moved, Dr. Backus seconded to confirm Mayor Stough’s appointment of Marc Beightol to fill a vacancy on the Sylvania Youth Conservation Corps Commission for a term expiring December 31, 2008; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula, Haddad (7) yeas; (0) nays. The motion carried.		Confirmation of appointment to Youth Conserva- tion Corps.

Mayor Stough stated that Council will now consider agenda item 13.

Mrs. Sears moved, Mr. Luetke seconded, that Council will meet in Committee-of-the-Whole on Tuesday, February 28, 2006 at 7:00 p.m. at the Sylvania Senior Center to hear the report of the Sylvania Township Fire/EMS Policy Advisory Board; roll call vote being: Luetke, Sears, Backus, Borell, Bula, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		C-O-W set for February 28, 7:00 p.m. to hear Fire Policy Advisory Bd. report.

Mayor Stough stated that Council will now consider agenda item 14.

Mr. Luetke reported on the February 16 Employee & Community Relations Committee meeting with the Circuit Breaker team. The team chose not to pursue their project to get audible crosswalk signals in the downtown area. They will work with the Deputy Service Director this summer to mark storm sewer grates to remind citizens that any runoff in these goes directly into the rivers and streams. The committee heard a presentation by Sylvania Community Improvement Corporation on the merger issue, and agreed to meet with them to determine the next step.		Employee & Community Relations Comm. report.

Mrs. Sears said that the Finance Committee met on February 10 to review the 2006 budget, for action by City Council on March 6. She also noted that the administration is working on the capital budget and a debt policy.		Finance Comm.

The Zoning & Annexation Committee met on February 16 to conclude the sign code amendments. Mr. Haynam also reported that there was discussion on the Township’s letter regarding a moratorium on annexation. Council will work with the Mayor on the City’s response.		Zoning & Annexation Comm.

There was nothing to consider for item 15 and Mayor Stough stated that Council will now consider agenda item 16.

Mr. Haddad presented a proposed contract with Pyrotecnico for the 2006 Independence Day Celebration to be held on July 3. Mr. Haddad moved, Dr. Backus seconded, to authorize legislation entering into a contract with Pyrotecnico in the amount of $25,000; roll call vote being: Backus, Borell, Bula, Haddad, Haynam, Luetke, Sears (7) yeas; (0) nays. The motion carried.		Legislation authorized, July 3 fireworks contract.

Mayor Stough stated that Council will now consider agenda item 17.

At 9:25 p.m. Mrs. Sears moved, Mr. Borell seconded, to adjourn to Executive Session to discuss personnel issues; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears, Backus (7) yeas; (0) nays. The motion carried.		Executive Session.

At 9:50 p.m. Mr. Luetke moved, Dr. Backus seconded, to return to Regular Session of Council; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		Regular Session.

Mayor Stough reported that Council discussed personnel issues during the Executive Session, and that no action is required at this time.

Mayor Stough stated that all items on the agenda had been considered. Mrs. Sears moved, Mr. Borell seconded, that this meeting adjourn; all present voting yea (7); (0) nays. The motion carried and the meeting adjourned at 9:55 p.m.		Adjournment.

Mr. Haddad reported that the Utilities & Environment Committee met on February 13 and considered increases in the water and sewer rates to build up the reserves which have been diminished, in part, by the need to repair our aging infrastructure. He noted that rates have not been raised in recent years. Mr. Haddad moved, Dr. Backus seconded, to authorize legislation allowing for the water and sewer rate adjustments; roll call vote being: Sears, Backus, Borell, Bula, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		Legislation authorized - water and sewer rate adjustments.