Minutes of the Meeting of Council

Minutes of the Meeting of Council April 2, 2007
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, April 2, 2007 at 7:30 p.m. with Mayor Craig A. Stough in the chair. Roll was called with the following members present: Dr. Read Backus, Keith M. Haddad, Doug Haynam, Mark Luetke, Todd R. Milner, Barbara R. Sears (6); absent: John A. Borell, Jr., excused by Mayor Stough.		Roll call: Borell absent; excused.

Mr. Luetke led the Pledge of Allegiance to the United States of America.		Pledge of Alleg.

Requests were made for the following additions to the agenda: 4a. Harroun Park/Lathrop House update. 6d. Report on Ms. Sears=s meeting with Trustee Liedel. 13a. Report on the meeting with Orbital. 13b. Zoning & Annexation Committee report, and refer SUP-1-2007 and ZA-1-2007 to the Planning Commission. 15. The ABig Read@. 16. Visioning process update. 17. Council to adjourn to Executive Session to discuss the possible sale of property. Mr. Milner moved, Mr. Haynam seconded, to approve the agenda as amended; roll call vote being: Backus, Haddad, Haynam, Luetke, Milner, Sears (6) yeas; (0) nays. The motion carried.		Additions to the agenda.

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

Ms. Sears presented the March 19 meeting minutes. Ms. 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 March 19, 2007 be approved, provided there are no amendments from members of Council. After discussion, Mr. Haynam moved, Mr. Luetke seconded, that item 13 of the minutes be amended by striking Awith both Mr. Borell and Mr. Haynam disputing the opinion@ from the third sentence, and replacing the word Avalidity@ with the word Aeffectiveness@ in the fourth sentence; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus (6) yeas; (0) nays. The motion carried.		Amendment to March 19 minutes.

Ms. Sears moved, Mr. Haddad seconded, that the journal of the minutes of the meeting of March 19, 2007 be approved as amended; roll call vote being: Haynam, Luetke, Milner, Sears, Backus, Haddad (6) yeas; (0) nays. The motion carried.		Approval of the March 19 minutes as amended.

Mayor Stough said that he has assigned additional tasks to the Law Director to determine who is responsible for the pond in Harroun Park. Also, the Law Director and Deputy Director of Public Service have met with representatives of the Metroparks regarding their participation in the ADA walk and the areas surrounding the Lathrop House. Feller-Finch is looking at other options with the pond.		Harroun Park/ Lathrop House.

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

Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 26-2007, a written copy of same having been previously furnished to each member of Council, AApproving the recommendation of the Municipal Planning Commission, with certain modifications, relative to planned development application no. PD-1-2007 of Flower Hospital; and declaring an emergency.@ Mr. Haynam moved, Ms. Sears seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Luetke, Milner, Sears, Backus, Haddad, Haynam (6) yeas; (0) nays. The motion carried.		Ordinance 26-2007, AApproving ...PD-1-2007... Flower Hospital ...@

Mr. Haynam moved, Mr. Milner seconded, that Ordinance No. 26-2007 be enacted as an emergency measure as declared therein; roll call vote being: Milner, Sears, Backus, Haddad, Haynam, Luetke (6) yeas; (0) nays. The motion carried.

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

Mayor Stough gave on update on the City=s efforts to resolve the fire department issue. Public Safety Director and Police Chief Gerald Sobb said that City representatives interviewed the two consultant candidates, and both are highly qualified. The committee recommends that Kramer & Associates, Cincinnati, Ohio be contracted to help determine the feasibility of creating a municipal fire department versus the continuation of the shared services through Sylvania Township. Ms. Sears briefly reported on her meeting with Trustee Liedel. After lengthy discussion, Ms. Sears moved, Mr. Milner seconded, to authorize legislation hiring Kramer & Associates; roll call vote being: Sears, Backus, Haddad, Luetke, Milner (5) yeas; Haynam (1) nay. The motion carried.		Fire department issues.

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

Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 27-2007, a written copy of same having been previously furnished to each member of Council, AAn Ordinance amending Chapter 1305 of the Sylvania Codified Ordinances, 1979, as amended by adding Section 1305-01 - Amendments to Section 1-1-1 of the Building Code of the City of Sylvania and by adding Section 1305.02 - Amendments to Section 1-1-2 of the Building code of the City of Sylvania to approve enforcement of the Residential Building Code of Ohio for One-, Two- and Three-Family Dwellings; and declaring an emergency.@ Mr. Haynam moved, Mr. Luetke seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Backus, Haddad, Haynam, Luetke, Milner, Sears (6) yeas; (0) nays. The motion carried.		Ordinance 27-2007, A... Amending Chapter 1305... Codified Ordinances.

Mr. Haynam moved, Dr. Backus seconded, that Ordinance No. 27-2007 be enacted as an emergency measure as declared therein; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus (6) yeas; (0) nays. The motion carried.

Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 28-207, a written copy of same having been previously furnished to each member of Council, AAn Ordinance authorizing a request to the Ohio Board of Building Standards to certify the County of Lucas for enforcement of the Residential Code of Ohio with the condition that the Lucas County Residential Building Department exercise enforcement authority and accept and approve plans and specifications, and make inspections; and authorizing an agreement for such enforcement between the City of Sylvania and Lucas County, Ohio; and declaring an emergency.@ Mr. Haynam moved, Ms. Sears seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Haynam, Luetke, Milner, Sears, Backus, Haddad (6) yeas; (0) nays. The motion carried.		Ordinance 28-2007, A...Certify... County...Enforce- ment of the Residential Code ...@

Mr. Haynam moved, Mr. Luetke seconded, that Ordinance No. 28-2007 be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Milner, Sears, Backus, Haddad, Haynam (6) yeas; (0) nays. The motion carried.

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

Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 29-2007, a written copy of same having been previously furnished to each member of Council, AProviding for the construction, maintenance, repair, cleaning and enclosing open drainage ditches located within the corporate limits of the City of Sylvania; authorizing the Director of Public Service, by and through the proper officers of said City to do said work during the year 2007; establishing one district for said purpose in accordance with the provisions of Section 727.012 of the Revised Code of Ohio; providing for the assessment of the cost and expense thereof upon abutting property; and declaring an emergency.@ Mr. Haddad moved, Dr. Backus seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Milner, Sears, Backus, Haddad, Haynam, Luetke (6) yeas; (0) nays. The motion carried.

Ordinance 29-2007, AProviding ...Maintenance... Drainage Ditches ...@Mr. Haddad moved, Dr. Backus seconded, that Ordinance No. 29-2007 be enacted as an emergency measure as declared therein; roll call vote being: Sears, Backus, Haddad, Haynam, Luetke, Milner (6) yeas; (0) nays. The motion carried.

Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 30-2007, a written copy of same having been previously furnished to each member of Council, AProviding for the controlling blight and disease of shade trees and for planting, maintaining, trimming and removing shade trees in and along the streets and within public right-of-way of the City of Sylvania; authorizing the Director of Public Service, by and through the proper officers of said City to do said work during the year 2007; establishing one district for said purpose in accordance with the provisions of Section 727.011 of the Revised Code of Ohio; providing for the assessment of the cost and expense thereof upon abutting property; and declaring an emergency.@ Mr. Haynam moved, Mr. Luetke seconded, that Ordinance No. 30-2007 be enacted as an emergency measure as declared therein; roll call vote being: Backus, Haddad, Haynam, Luetke, Milner, Sears (6) yeas; (0) nays. The motion carried.		Ordinance 30-2007 AProviding... Shade Trees...@

Mr. Haynam moved, Mr. Luetke seconded, that Ordinance No. 30-2007 be enacted as an emergency measure as declared therein; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus (6) yeas; (0) nays. The motion carried.

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

Ms. Sears presented and read aloud by title only, proposed Ordinance No. 31-2007, a written copy of same having been previously furnished to each member of Council, AAmending Chapter 171 of the Sylvania Codified Ordinances by amending Section 171.11 - Collection of Unpaid Taxes and Refunds of Overpayments; and declaring an emergency.@ Ms. Sears moved, Mr. Haddad seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Haynam, Luetke, Milner, Sears, Backus, Haddad (6) yeas; (0) nays. The motion carried.		Ordinance 31-2007, AAmending Chapter 171... Taxes...@

Ms. Sears moved, Mr. Haddad seconded, that Ordinance No. 31-2007 be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Milner, Sears, Backus, Haddad, Haynam (6) yeas; (0) nays. The motion carried.

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

Mayor Stough presented the request to donate outdated computer equipment to the Whitehouse Library. He said that Sylvania area non-profit agencies were offered the computers, but turned them down. Mr. Haynam moved, Ms. Sears seconded, to authorize legislation donating the equipment to the Whitehouse Library system; roll call vote being: Milner, Sears, Backus, Haddad, Haynam, Luetke (6) yeas; (0) nays. The motion carried.		Legislation authorized, donate computers

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

Mr. Milner moved, Mr. Haddad seconded, to authorize the clerk to advertise for bids for the Franciscan, Clare and Kinsman Improvements; roll call vote being: Sears, Backus, Haddad, Haynam, Luetke, Milner (6) yeas; (0) nays. The motion carried.		Clerk to advertise for Franciscan etc improvements.

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

Mr. Milner moved, Dr. Backus seconded, to authorize the clerk to advertise for bids for the Convent Blvd. Improvements; roll call vote being: Backus, Haddad, Haynam, Luetke, Milner, Sears (6) yeas; (0) nays. The motion carried.

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

Mr. Haddad said that a kick-off meeting was held with Orbital Technical Solutions for the municipal electric system feasibility study. Large power users including Lourdes College and Flower Hospital will be contacted for their input.		Electric system.

Mr. Haynam reported that at the March 28 Zoning & Annexation Committee meeting, zoning ordinance amendment petition nos. SUP-1-2007 and ZA-1-2007, both for the Speedway station at 6700 Sylvania Avenue, were reviewed. The petitioner requests a special use and a change of zoning from B-1 to B-2. They plan to tear down and re-build the existing gas station/convenience store. The B-2 zoning is to allow 24 hour operation. Mr. Haynam moved, Ms. Sears seconded, to refer zoning ordinance amendment petition numbers SUP-1-2007, and ZA-1-2007, both by Marathon for Speedway, 6700 Sylvania Avenue, Sylvania, OH 43560, to the Planning Commission for review and recommendation with an expression of: 1) a preference to allow 24 hour operation as a condition of the Special Use rather than a change in zoning from AB-1" to AB-2"; 2) a concern regarding the extent of roof or canopy signage (as opposed to the clean look of the Monroe Street Kroger sign); and 3) a preference for two monument signs rather than the existing goal post type sign; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus (6) yeas; (0) nays. The motion carried.		SUP-1-2007 and ZA-1-2007 to Planning Comm. (Speedway, 6700 Sylvania)

He said that the committee also heard a presentation by Poggemeyer Design Group for the Land Use Plan Update. They will bring back a refined proposal. A community based land use committee will be established.

Land Use Plan Update.Swimming pool fencing regulations were also discussed. The existing ordinance will be clarified.		Pool fencing.

There were no items for 14 and Mayor Stough stated that Council will now consider agenda item 15.

Mayor Stough asked if anyone was interested in working with him on the ABig Read@ a project of the Toledo-Lucas County Public Library and the Toledo Community Foundation. Mr. Haynam volunteered.		The Big Read.

Mayor Stough stated that Council will now consider agenda item 16.

Mr. Luetke said that the consultants for the visioning process request feedback. Mr. Luetke moved, Ms. Sears seconded, to refer this to the Employee & Community Relations Committee to meet on April 18 at 7:30 a.m. in the Administration Building; roll call vote being: Haynam, Luetke, Milner, Sears, Backus, Haddad (6) yeas; (0) nays. The motion carried.		Employ. & Comm. Relations Committee to meet April 18.

Mayor Stough noted that a letter from Sylvania Community Services was distributed at the beginning of the meeting reducing their funding request for 2007 from $8,000 to $2,666 due to the discontinuation of the community education program on May 1.		SCS funding.

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

At 8:54 p.m. Mr. Haynam moved, Dr. Backus seconded, to adjourn to Executive Session of Council to discuss the possible sale of property; roll call vote being: Luetke, Milner, Sears, Backus, Haddad, Haynam (6) yeas; (0) nays. The motion carried.		Executive Session.

At 9:15 p.m. Mr. Haynam moved, Ms. Sears seconded, to return to Regular Session of Council; roll call vote being: Milner, Luetke, Sears, Backus, Haddad, Haynam (6) yeas; (0) nays. The motion carried.		Regular Session.

Mayor Stough stated that Council discussed the potential sale of property 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. Ms. Sears moved, Dr. Backus seconded, that this meeting adjourn; all present voting yea (6); (0) nays. The motion carried and the meeting adjourned at 9:16 p.m.		Adjournment.