Minutes of the Meeting of Council

Minutes of the Meeting of Council September 18, 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 Monday, September 18, 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.

Dr. Backus 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 amendments to the agenda: 5a. Move agenda item 15 here. 5b. Update on the Harroun Park drainage situation. 12a. Resolution 25-2006. 17a. Finance Committee meeting and set a meeting date. 19. Tax budget. 20. Ordinance 95-2006. 21. Update on the Feasibility Study committee. 22. Standards for nuisance properties. Dr. Backus moved, Mrs. Sears 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.		Amendments to the agenda.

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

Mrs. Sears presented the September 6 meeting minutes. Mrs. Sears moved, Mr. Haddad 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 September 6, 2006 be approved as submitted, provided there are no amendments from other members of Council; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears, Backus (7) yeas; (0) nays. The motion carried.		Approval of the September 6 minutes.

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

The Mayor=s presentations of the framed resolutions commending the U14 and U15 boys= soccer teams on their recent championships was deferred since no one was present.

Mayor Stough presented the Planning Commission=s recommendation for zoning ordinance amendment petition no. SUP-5-2006. A request to amend the existing special use of the property at 5328 Alexis Road to allow for an addition to the existing body shop at the White Family Collision Center. The applicant was present, and had requested that the permit process move forward due to the construction season. Mayor Stough noted that this is an expansion to the existing facility, and the adjoining property owners are aware of the project. Mr. Haynam moved, Mr. Haddad seconded, to set the public hearing date for SUP-5-2006 for November 6, 2006 at 7:00 p.m., and to authorize the clerk to advertise for same; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Backus (6) yeas; (0) nays. The motion carried.		Public hearing for SUP-5-2006 set for Nov. 6 at 7:00

In response to the applicant=s request, Mr. Haynam moved, Mr. Haddad seconded, to recommend that Mayor Stough authorize a zoning certificate in advance of the public hearing with the understanding by Dave White that if the special use is not granted, the project will cease and the area returned to its previous condition; roll call vote being: Haddad, Haynam, Luetke, Sears, Backus, Borell, Bula (7) yeas; (0) nays. The motion carried.		Mayor to authorize a zoning certificate for the project.

Service Director Jeffrey Ballmer reported that he and a representative from the Metroparks interviewed four consultants for the Harroun Park drainage, and he will have proposals at the next meeting.		Harroun Park drainage.

Mayor Stough stated that Council will now consider agenda item 6.

Mr. Borell suggested that the City=s web site be updated since there is now a full time IT Department. There was discussion on obtaining the services of a marketing consultant for the design, and developing a budget as well. Tom Grubbs, 5346 Radcliffe, Sylvania Community Improvement Corporation, said that the SCIC and the Chamber of Commerce are updating their sites, and would like to work with the City. Tom Syperski, 6830 Gettysburg, and Bill Emery, 6510 Brint, thanked those Council members who have web sites for the information being imparted on the Internet. Mrs. Sears moved, Mr. Bula seconded, to refer the update of the website to the Employee & Community Relations Committee for review and recommendation; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula, Haddad (7) yeas; (0) nays. The motion carried.		Update of website to Community Relations Comm.

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

Mayor Stough addressed the letter from George France regarding the City=s unwillingness to place a nine month moratorium on annexation so that the joint City/Township Land Use Plan can be updated. The Mayor noted that the City and Township cooperate successfully in several joint ventures. He suggested that Mr. France ask the Trustees why they put up a barricade on the joint land use plan.		Land use plan update discussion

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

Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 91-2006, a written copy of same having been previously furnished to each member of Council, AApproving the recommendation of the Municipal Planning Commission to deny the petition for zoning ordinance amendment no. ZA-4-2006 on the petition of Jeff Baldwin on behalf of Tim Donut US Limited, Inc. to change the zoning of the property at 5800 W. Alexis Rd., Sylvania, Ohio, from >B-1-B Modified Business and Office District= to >B-2 General Business District=; and declaring an emergency.@ Mr. Haynam moved, Mrs. Sears seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Luetke, Sears, Backus, Borell, Bula, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		Ordinance 91-2006, A...Deny... ZA-4-2006... Change the Zoning... 5800 W. Alexis...@

Mr. Haynam moved, Mr. Borell seconded, that Ordinance No. 91-2006 be enacted as an emergency measure as declared therein; roll call vote being: Sears, Backus, Borell, Bula, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried. City Council also wants it noted that the zoning change was denied in order to restrict the hours of operation of a business in that section of the City.

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

Dr. Backus presented and read aloud by title only, proposed Ordinance No. 92-2006, a written copy of same having been previously furnished to each member of Council, AAccepting the proposal of JJR, LLC for planning and landscape architectural services to develop streetscape design guidelines for the Monroe and Main Street corridors; authorizing the expenditure for the planning and design services in the amount not to exceed $58,000; and declaring an emergency.@ Dr. Backus moved, Mr. Luetke seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Backus, Borell, Bula, Haddad, Haynam, Luetke, Sears (7) yeas; (0) nays. The motion carried.		Ordinance 92-2006, AAccepting the Proposal of JJR...Streetscape Design Guidelines ...Monroe and Main...@

Dr. Backus moved, Mr. Luetke seconded, that Ordinance No. 92-2006 be enacted as an emergency measure as declared therein; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears, Backus (7) yeas; (0) nays. The motion carried.

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

Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 93-2006, a written copy of same having been previously furnished to each member of Council, AAmending Chapter 127 - Department of Public Service of the Sylvania Codified Ordinances by amending Section 127.05 - Section of Sewage and by amending Section 127.17 - Division of Parks and Forestry; and declaring an emergency.@ Mr. Luetke moved, Mr. Bula seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		Ordinance 93-2006, AAmending Chapter 127...@

Mr. Luetke moved, Mr. Haddad seconded, that Ordinance No. 93-2006 be enacted as an emergency measure as declared therein; roll call vote being: Haddad, Haynam, Luetke, Sears, Backus, Borell, Bula (7) yeas; (0) nays. The motion carried.

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

The Service Director=s report on the Sylvan Square Phase 2 change order was placed on file. Dr. Backus presented and read aloud by title only, proposed Ordinance No. 94-2006, a written copy of same having been previously furnished to each member of Council, AAuthorizing the Mayor and Director of Finance to approve Change Order No. 1 (Final) to this City=s agreement with PHC, Inc. for the Sylvan Square Phase 2 Improvement project which reflects the as-built quantities; decreasing the contract amount by $10,955.72; and declaring an emergency.@ Dr. Backus moved, Mr. Haddad seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula, Haddad (7) yeas; (0) nays. The motion carried.		Ordinance 94-2006, A...Approve Change Order... Sylvan Square Phase 2...@

Dr. Backus moved, Mr. Haddad seconded, that Ordinance No. 94-2006 be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Sears, Backus, Borell, Bula, Haddad, Haynam (7) yeas; (0) nays. The motion carried.

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

Mrs. Sears presented and read aloud by title only, the Third Reading of proposed Resolution No. 21-2006, AA Resolution of the Council of the City of Sylvania repealing Resolution No. 24-96 which directed the Housing Officer of Community Reinvestment Area Number 1 not to accept any new applications for exemptions as described in Ohio Revised Code Section 3735.67; authorizing the Housing Officer of Community Reinvestment Area Number 1 to accept new applications for exemption; and declaring an emergency.@ There was some discussion and Mr. Bula stated that he will not vote in favor of the resolution at this time since the area is included in the proposed streetscape re-design project.		Resolution 21-2006, A... Community Reinvestment Area Number 1..@

Mrs. Sears moved, Mr. Haddad seconded, final passage of Resolution No. 21-2006 as an emergency measure as declared therein; roll call vote being: Sears, Backus, Borell, Haddad, Haynam, Luetke (6) yeas; Bula (1) nay. The motion carried.

Mayor Stough presented proposed Resolution No. 25-2006, including a requirement that an applicant must enter into an agreement with the Sylvania City School District prior to applying for tax abatement for property lying within CRA No. 8. He said this is the same requirement imposed on CRA No. 1. After discussion, the resolution was deferred to the October 3 meeting.		Resolution 25-2006 deferred to Oct. 3 meeting.

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

Mr. Haynam presented and read aloud by title only, proposed Resolution No. 23-2006, a written copy of same having been previously furnished to each member of Council, AA Resolution of the Council of the City of Sylvania commending the Sylvania City School District on attaining an Excellent rating from the Ohio Department of Education; and declaring an emergency.@ Mr. Haynam moved, Mr. Luetke seconded, that Council dispense with the Second and Third Readings of said Resolution; roll call vote being: Backus, Borell, Bula, Haddad, Haynam, Luetke, Sears (7) yeas; (0) nays. The motion carried.		Resolution 23-2006, A... Commending the Sylvania City School District...@

Mr. Haynam moved, Mr. Luetke seconded, that Resolution No. 23-2006 be enacted as an emergency measure as declared therein; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears, Backus (7) yeas; (0) nays. The motion carried.

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

Dr. Backus presented and read aloud by title only, proposed Resolution No. 24-2006, a written copy of same having been previously furnished to each member of Council, ACommending and thanking Howard >Skip= Hilfinger, III for his contributions during his 24 years of service to the Sylvania Community as a member of the Sylvania Community Services Board of Directors; and declaring an emergency.@ Dr. Backus moved, Mrs. Sears seconded, that Council dispense with the Second and Third Readings of said Resolution; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		Resolution 24-2006, ACommend ing...=Skip= Hilfinger...@

Dr. Backus moved, Mr. Haynam seconded, that Resolution No. 24-2006 be enacted as an emergency measure as declared therein; roll call vote being: Haddad, Haynam, Luetke, Sears, Backus, Borell, Bula (7) yeas; (0) nays. The motion carried.

Item 15 had been previously considered, and Mayor Stough stated that Council will now consider agenda item 16.

Mayor Stough presented the notice of a transfer of a carry out liquor license. Dr. Backus moved, Mr. Haynam seconded, not to request a hearing on the notice of the transfer of the C1 and C2 liquor permit for Hafner Florist, 5529 Harroun, to Hafner Florist, 5139 S. Main St.; roll call vote being: Haynam, Luetke, Sears, Backus, Borell, Bula, Haddad (7) yeas; (0) nays. The motion carried.		No hearing requested for address transfer of liquor permit.

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

Mrs. Sears reported that the Finance Committee met on September 14 to discuss the 2007 budget, reviewed the statement of the cash flow position, and discussed Resolution 22-2006, the tax budget. The Finance Committee will meet on September 25 at 8:00 a.m. in the 2^nd floor conference room at the Administration Building and continue discussions on the budget.		Finance Comm. to meet Sept. 25, 8:00 a.m.

Mayor Stough stated that Council will now consider agenda item 18.

Mr. Luetke set a Employee & Community Relations Committee meeting for September 26 at 8:00 a.m. in the 2^nd floor conference room of the Administration Building. The committee will consider the website update.		Comm. Relations Comm., Sept. 26, 8:00 a.m.

Mayor Stough stated that Council will now consider agenda item 19.

Mayor Stough, in a discussion of the tax budget, in which a proposal has been made to not collect General Fund taxes for 2007, suggested that instead, the General Obligation funds not be collected for the year. He distributed a substitute Resolution No. 22-2006 to reflect the change in rates. After discussion, Mr. Borell moved, Mr. Haynam seconded, to refer the substitute Resolution to the Finance Committee for review; roll call vote being: Borell, Bula, Haynam (3) yeas; Haddad, Luetke, Backus, Sears (4) nays. The motion failed.		Substitute Resolution 22-2006 for review.

After further discussion, Mrs. Sears moved, Mr. Haddad seconded, to bring back Resolution No. 22-2006 that was on the September 6 Council agenda, and referred to the Finance Committee; roll call vote being: Sears, Backus, Borell, Bula, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		Resolution No. 22-2006 brought back from Finance Comm.

Mrs. Sears moved, Mr. Haddad seconded, to consider the substitute proposed Resolution No. 22-2006 as proposed by Mayor Stough to replace the original Resolution No. 22-2006 that was received by Lucas County; roll call vote being: Backus, Borell, Bula, Haddad, Haynam, Luetke, Sears (7) yeas; (0) nays. The motion carried.		Substitute Resolution 22-2006 to replace original.

Mrs. Sears read aloud by title only, the First Reading of proposed substitute Resolution No. 22-2006, AA Resolution amending the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor pursuant to Revised Code Sections 5707.34 - 5705.35; and declaring an emergency.@		First Reading of Resolution 22-2006.

Mayor Stough stated that Council will now consider agenda item 20.

Dr. Backus presented and read aloud by title only, proposed Ordinance No. 95-2006, a written copy of same having been previously furnished to each member of Council, AAuthorizing the Mayor and Director of Finance to enter into a Joint Cooperation Agreement on behalf of this City with Sylvania Township and Lucas County, Ohio, relative to the Vicksburg Drive/Sylvania Avenue Traffic Signal Installation project; appropriating $155,00 for said project; and declaring an emergency.@ Dr. Backus moved, Mr. Haddad seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Borell, Bula, Haddad, Haynam, Luetke, Sears, Backus (7) yeas; (0) nays. The motion carried.		Ordinance 95-2006, A...Joint Cooperation Agreement... Vicksburg... Sylvania...Traffic Signal...@

Dr. Backus moved, Mrs. Sears seconded, that Ordinance No. 95-2006 be enacted as an emergency measure as declared therein; roll call vote being: Bula, Haddad, Haynam, Luetke, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.

Mayor Stough stated that Council will now consider agenda item 21.

Mr. Luetke reported that the UT Urban Affairs Department will be presented its 3^rd update of the Feasibility Study on September 27 at 7:00 a.m. at the Sylvania Community Improvement Corporation=s offices.		Feasibility Study update.

Mayor Stough stated that Council will now consider agenda item 22.

Mr. Luetke said that the status of nuisance property standards will be brought back to Council at a later date.

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 9:40 p.m.		Adjournment.