Minutes of the Meeting of Council

Minutes of the Meeting of Council May 21, 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, May 21, 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, John A. Borell, Jr., Keith M. Haddad, Doug Haynam, Mark Luetke, Todd Milner, Barbara R. Sears (7); absent: (0).		Roll call: all present.

Ms. Sears led the Pledge of Allegiance to the United States of America.		Pledge of Alleg.

Requests were made for the following additions to the agenda: 5a. Fire levy initiative petition. 5b. Sylvan pool request. 13a. Utilities Committee report. 13b. Safety Committee report. 15. Council to adjourn to Executive Session to discuss property purchase. Ms. Sears moved, Mr. Haynam seconded, to approve the agenda as amended; roll call vote being: Backus, Borell, Haddad, Haynam, Luetke, Milner, Sears (7) 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 May 7 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 May 7, 2007 be approved as submitted, provided there are no amendments from other members of Council; roll call vote being: Borell, Haddad, Haynam, Luetke, Milner, Sears, Backus (7) yeas; (0) nays. The motion carried.		Approval of the May 7 minutes.

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

Mayor Stough read, and then presented the proclamation declaring May 25 as American Legion Auxiliary Poppy Day to Miss Poppy, Ashley Baron, representing Joseph Diehn Unit 468 American Legion post.		Poppy Day - May 25.

Mike Brown reported that the form of the Initiative Petition for a fire levy was filed with the Clerk of Council. A spokesperson will make a presentation after the signatures are collected.		Fire levy.

Mayor Stough presented the e-mail from the President of the Sylvan Square Pool club asking for support in keeping the pool open. Steve Atkinson, 4527 Weldwood, was present and requested Council=s support with publicity, and a link on the City=s website. Mr. Haddad moved, Mr. Borell seconded, to refer the request to the Parks & Forestry Committee; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried. The committee will meet on May 30 at 7:00 p.m. in Council Chambers.		Sylvan pool request to May 30 Parks & Forestry Comm. meeting.

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

Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 45-2007, a written copy of same having been previously furnished to each member of Council, AAuthorizing an agreement with S. Vitale Pyrotechnic Industries, Inc., d/b/a Pyrotecnico for the Independence Day celebration on July 3, 2007 at Centennial Terrace and Quarry; authorizing the Mayor and Director of Finance to sign an agreement for the fireworks display which will cost twenty-five thousand dollars ($25,000); authorizing a 50% deposit payment upon the signing of the agreement which will be shared by the City, Coca-Cola Corporation and Sylvania Township; and declaring an emergency.@ Mr. Haddad moved, Mr. Milner seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Haynam, Luetke, Milner, Sears, Backus, Borell, Haddad (7) yeas; (0) nays. The motion carried.		Ordinance 45-2007, A...Agree- ment..Pyrotecnico ...Fireworks...@

Mr. Haddad moved, Mr. Haynam seconded, that Ordinance No. 45-2007 be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Milner, Sears, Backus, Borell, Haddad, Haynam (7) yeas; (0) nays. The motion carried.

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

Service Director Jeffrey Ballmer=s report on the cost for the Main Street Bridge engineering services was placed on file. Mr. Luetke suggested that JJR be advised of the work since they are involved in the Gateway project. Mr. Milner presented and read aloud by title only, proposed Ordinance No. 46-2007, a written copy of same having been previously furnished to each member of Council, AAuthorizing the Mayor and Director of Finance to approve the increase in the proposal amount to this City=s agreement with Mannik and Smith Group, Inc. for the professional engineering design services for the Main Street Bridge over Ten Mile Creek project to cover additional design work required; increasing the proposed amount by $29,940.55; appropriating funds therefore; and declaring an emergency.@ Mr. Milner moved, Mr. Haynam seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Milner, Sears, Backus, Borell, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		Ordinance 46-2007, A...Approve the Increase... Design Services... Main Street Bridge...@

Mr. Milner moved, Mr. Luetke seconded, that Ordinance No. 46-2007 be enacted as an emergency measure as declared therein; roll call vote being: Sears, Backus, Borell, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.

The Service Director=s report on the bids received for the Main Street Bridge project was placed on file. Mr. Milner presented and read aloud by title only, proposed Ordinance No. 47-2007, a written copy of same having been previously furnished to each member of Council, AAccepting the bid of Fort Defiance Construction and Supply, Inc., and awarding the contract for the Main Street Superstructure Replacement project to same; authorizing the expenditure for the improvements in the amount of $855,653.80; appropriating funds therefore; and declaring an emergency.@ Mr. Milner moved, Mr. Haddad seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Backus, Borell, Haddad, Haynam, Luetke, Milner, Sears (7) yeas; (0) nays. The motion carried.		Ordinance 47-2007, A...Bid of Fort Defiance Const...Main Street Bridge...@

Mr. Milner moved, Ms. Sears seconded, that Ordinance No. 47-2007 be enacted as an emergency measure as declared therein; roll call vote being: Borell, Haddad, Haynam, Luetke, Milner, Sears, Backus (7) yeas; (0) nays. The motion carried.

There was a brief discussion about enhancing the appearance of the Erie Street bridge near Highland Meadows Golf Club. Also, a Main Street bridge project schedule will be distributed to affected businesses and residents.

Mr. Milner presented and read aloud by title only, proposed Ordinance No. 48-2007, 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 Right of Entry Agreement with Toledo Edison Company to provide means for the City to remove the existing retaining wall along the northern bank of Ten Mile Creek and replacing it with a gabion retaining wall as part of the Main Street Bridge Superstructure Replacement project; and declaring an emergency.@ Mr. Milner moved, Mr. Luetke seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		Ordinance 48-2007, A...Right of Entry Agreement with Toledo Edison...Main Street Bridge...@

Mr. Milner moved, Ms. Sears seconded, that Ordinance No. 48-2007 be enacted as an emergency measure as declared therein; roll call vote being: Haynam, Luetke, Milner, Sears, Backus, Borell, Haddad (7) yeas; (0) nays. The motion carried.

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

Mr. Milner presented and read aloud by title only, proposed Ordinance No. 49-2007, 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 Gerken Paving Inc. for the Monroe Street Improvement project which reflects the as-built quantities; increasing the contract amount by $237,101.45; appropriating the funds therefore; and declaring an emergency.@ Mr. Milner moved, Mr. Luetke seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Luetke, Milner, Sears, Backus, Borell, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		Ordinance 49-2007, A...Approve Change Order... Gerken...Monroe Street...@

Mr. Milner moved, Mr. Luetke seconded, that Ordinance No. 49-2007 be enacted as an emergency measure as declared therein; roll call vote being: Milner, Sears, Backus, Borell, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.

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

After discussion on Toledo Edison=s rate increase request that will be considered by the Utilities Committee, Mr. Haddad presented and read aloud by title only, proposed Resolution No. 6-2007, a written copy of same having been previously furnished to each member of Council, ADeclaring the necessity of lighting the streets in the City of Sylvania, Ohio; determining the manner of providing street lighting and the basis for the property owner=s share of the cost and annual assessment; and declaring an emergency.@ Mr. Haddad moved, Mr. Milner seconded, that Council dispense with the Second and Third Readings of said Resolution; roll call vote being: Sears, Backus, Borell, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.		Resolution 6-2007, A...Street Lighting...Annual Assessment...@

Mr. Haddad moved, Mr. Haynam seconded, that Resolution No. 6-2007 be enacted as an emergency measure as declared therein; roll call vote being: Backus, Borell, Haddad, Haynam, Luetke, Milner, Sears (7) yeas; (0) nays. The motion carried.

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

Mayor Stough presented the Service Director=s report on salt bids for the 2007-2008 season, and Mr. Milner moved, Mr. Haynam seconded, to authorize the clerk to advertise for the salt bids; roll call vote being: Borell, Haddad, Haynam, Luetke, Milner, Sears, Backus (7) yeas; (0) nays. The motion carried.		Advertise for salt bids.

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

Mr. Haynam presented zoning ordinance amendment petition no. ZA-2-2007, a request to change the zoning at 5543 Alexis Road from AB-1 Limited Business and Office District@ to AB-2 General Business District.@ Mr. Haynam moved, Mr. Luetke seconded, to refer zoning ordinance amendment petition no. ZA-2-2007 to the Planning Commission for review and recommendation; roll call vote being: Haddad, Haynam, Luetke, Milner, Sears, Backus, Borell (7) yeas; (0) nays. The motion carried.		ZA-2-2007 to Planning Comm.

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

Mr. Haynam presented zoning ordinance amendment petition no. SUP-2-2007, a request from SSOE. Inc., agent for Kroger Co., for a special use of the property at 7549 Sylvania Avenue to allow for the addition of an E85 underground tank, kiosk, and canopy to the existing service station. Mr. Haynam requested that the applicant provide the standards to be used in dispensing the fuel, specifically if they are appropriately UL approved. Mr. Haynam moved, Mr. Luetke seconded, to refer application no. SUP-1-2007 to the Municipal Planning Commission for review and recommendation; roll call vote being: Haynam, Luetke, Milner, Sears, Backus, Borell, Haddad, (7) yeas; (0) nays. The motion carried.		SUP-2-2007 to Planning Comm.

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

Mr. Haddad reported that the Utilities Committee met on May 18. One issue is the need for a 2 million gallon water tower. The Service Director will be getting some more data to the committee members. Also discussed was the possibility of residents purchasing lids for the recycling containers to keep debris from flying around on windy days. Committee members are also waiting for a report on collecting used motor oil at the maintenance building.		Utilities Comm.

Dr. Backus said that the Safety Committee met at 7:00 to consider the Lucas County Engineer=s request to change the City speed limit on Brint Road from Silica to the creek from 35 m.p.h. to 40 m.p.h. since it is 45 m.p.h. on the Township=s side. The Committee recommends no change in the current speed limit.		Safety Comm.

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

At 8:28 p.m. Ms. Sears moved, Dr. Backus seconded, to adjourn to Executive Session of Council to discuss the possible purchase of property; roll call vote being: Luetke, Milner, Sears, Backus, Borell, Haddad, Haynam,(7) yeas; (0) nays. The motion carried.		Executive Session.

At 8:47 p.m. Ms. Sears moved, Mr. Milner seconded, to return to Regular Session of Council; roll call vote being: Milner, Sears, Backus, Borell, Haddad, Haynam, Luetke, (7) yeas; (0) nays. The motion carried.		Regular Session.

Mayor Stough stated that Council discussed the possible purchase of property during the Executive Session, and that no action is needed at this time.

Mayor Stough stated that all items on the agenda had been considered. Ms. Sears moved, Mr. Milner seconded, that this meeting adjourn. All present voting yea (7); (0) nays. The motion carried and the meeting adjourned at 8:48 p.m.		Adjournment.