Minutes of the Meeting of Council

Minutes of the Meeting of Council March 17, 2008

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, March 17, 2008 at 7:30 p.m. with Mayor Craig A. Stough in the chair. Roll was called with the following members present: Dr. Read Backus, V. Michael Brown, Katie Cappellini, Keith Haddad, Doug Haynam, Mark Luetke, Todd Milner (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 amendments to the agenda: 4a. Move item 7 here. 6e. Discussion of fire capital bond agreement with the Township. 15a. Report of the Committee-of-the-Whole meeting. 16a. Referral to the Utilities & Environment Committee. F. Information on pit bulls provided by Robert Esplin, DVM. Mr. Haynam moved, Mr. Milner seconded, to approve the agenda as amended; roll call vote being: Backus, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.		Amendments to the agenda.

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

Mr. Haddad presented the March 3 meeting minutes. Mr. Haddad moved, Mr. Luetke 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 regular meeting of March 3, 2008 be approved as submitted, provided there are no amendments from other members of Council; roll call vote being: Brown, Cappellini, Haddad, Haynam, Luetke, Milner, Backus (7) yeas; (0) nays. The motion carried.		Approval of the March 3 minutes.

Mr. Haddad reported that the Finance Committee met at 5:30. One item discussed was the request from Representative Randy Gardner for support of House Bill 480 which specifically allows for communities to withdraw from the Toledo Area Transit Authority if its citizens vote to do so, and proposed Resolution 8-2008, supporting the bill. TARTA representatives attended the meeting, and gave an update on their efforts to fund the authority through sales tax rather than property tax. Mr. Haddad said the Committee voted 3-1 to recommend opposing H.B. 480. Mr. Haddad moved, Mr. Luetke seconded, to authorize a resolution opposing House Bill 480; roll call vote being: Cappellini, Haddad, Luetke, Milner, Backus, Brown (6) yeas; Haynam (1) nay. The motion carried.		Legislation authorized, oppose H.B. 480.

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

Law Director Jim Moan gave an update on the City=s official objection to First Energy=s plans to run transmission lines to the new Flower Hospital substation west on Monroe, and then south on Harroun. Meg Adams, Toledo Edison Area Manager, was present along with transmission engineers and legal counsel. Ted Krauss, Supervisor of transmission siting, provided a site map, and said that the company will replace the current poles on Harroun with taller ones. There was discussion on whether Toledo Edison considered alternative routes. Attorney Morgan Park said that Flower requires the additional power by October. Mayor Stough pointed out that the Crestview building will be demolished which should lessen the load needed for the addition. Also discussed was the City=s proposed plans for underground wires for the Monroe Street corridor project. The Mayor asked Kathy Garcia, Toledo Edison, to investigate that possibility as part of this project. Matt Nagle, Pro Medica Health System, Corporate Construction, said the project is at a standstill until the substation is determined. Results of studies to place some wires underground will be provided to Council for the April 7 meeting.		Toledo Edison and Flower substation.

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

Dr. Backus reported that the Safety Committee met on March 5 to consider the Ordinance placing limitations on vicious dogs. He said that the committee needs to do more research in order to make an informed decision. Dr. Backus moved, Mr. Haddad seconded, to refer proposed Ordinance No. 12-2008 back to the Safety Committee for further review. Jean Keating, Tamworth Road, and Don Zieman, Silvertown Dr., spoke against the intent of the Ordinance, saying that the dog=s owner is responsible for its behavior. The vote on the motion to refer Ordinance No. 12-2008 back to the Safety Committee being: Haddad, Haynam, Luetke, Milner, Backus, Brown, Cappellini (7) yeas; (0) nays. The motion carried. Dr. Backus set the meeting for 5:00 p.m. on April 7		Ordinance 12-2008, limitations on vicious dogs, referred back to Safety Comm. Meeting set for 5:00 p.m., April 7

Mr. Moan gave a brief report on the Township=s bonds for the fire levy improvements. The City and Township are negotiating terms regarding the City=s obligation through the life of the bonds. There is no agreement at this time.		Fire levy improvement bonds.

Item 7 had been previously considered, and Mayor Stough stated that Council will now consider agenda item 8.

Mayor Stough presented the Fiscal Officer=s Certificate in connection with the issuance of bonds to pay the cost of street improvements. Mr. Haddad moved, Mr. Milner seconded, to accept the Fiscal Officer=s Certificate for filing in connection with the proposed issue of $3,850,000 of bonds to pay costs of improving (i) Glasgow Road from Monroe Street to Graham Road, Glenmore Road from Glasgow Road to its eastern terminus, Cameron Road from Glasgow Road to its eastern terminus, by removing and replacing the central 25 feet of concrete pavement and curbing, pouring asphalt concrete over an aggregate base and curbing, improving catchbasins, manholes, underdrains and drainage systems, (ii) Acres Road from Alexis Road to Marshall Road by removing and replacing the central 25 feet of asphalt/macadam pavement, pouring asphalt concrete over an aggregate base and curbing, improving catchbasins, manholes, underdrains and drainage systems, and (iii) Monroe Street from U.S. 23 to Talmadge Road, in cooperation with the Ohio Department of Transportation, by preparing the surface, adjusting manholes and catch basins, surfacing and resurfacing and reconstructing curb ramps, where necessary, and installing video loop detectors, together will all necessary related improvements and appurtenances thereto; roll call vote being: Haynam, Luetke, Milner, Backus, Brown, Cappellini, Haddad (7) yeas; (0) nays. The motion carried.		Fiscal Officer=s Certificate accepted for filing.

Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 17-2008, a written copy of same having been previously furnished to each member of Council, AAn Ordinance providing for the issuance and sale of bonds, in an aggregate principal amount not to exceed $3,850,000 to pay costs of improving (i) certain streets by removing and replacing pavement and curbing, pouring asphalt concrete over an aggregate base, and improving catchbasins, manholes, underdrains and drainage systems, and (ii) Monroe Street, in cooperating with the Ohio Department of Transportation, by preparing the surface, adjusting manholes and catch basins, surfacing and resurfacing and reconstructing curb ramps, where necessary, and installing video loop detectors, together will all necessary improvements and appurtenances thereto; 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: Luetke, Milner, Backus, Brown, Cappellini, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		Ordinance 17-2008, A... Providing for the Issuance and Sale of Bonds... $3,850,000...

Mr. Haddad moved, Mr. Haynam seconded, that Ordinance No. 17-2008 be enacted as an emergency measure as declared therein; roll call vote being: Milner, Backus, Brown, Cappellini, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.

Mr. Haddad moved, Mr. Milner seconded, to accept the Supplemental Fiscal Officer=s Certificate for filing in connection with the proposed issue of $4,500,000 of bonds (the Bonds) to pay costs of improving (i) Wickford Drive East from Brint Road to Wickford Drive West, Wickford Drive West from Wickford Drive East from Brint Road to Wickford Drive West, Wickford Drive West from Wickford Drive East to Charlesgate Road, Charlesgate Road from McCord Road to Wickford Drive East, Framingham Drive from Coppersmith Road to Charlesgate Road, Coppersmith Road from McCord Road to Charlesgate Road, Franciscan Boulevard from Kinsman Drive to Convent Boulevard, Clare Court from Franciscan Boulevard to its western terminus, Kinsman Drive from its western terminus to its eastern terminus, Fifth Avenue from Rodeo Drive to McCord Road, Worth Avenue from Rodeo Drive to McCord Road, Rodeo Drive from Worth Avenue to Fifth Avenue, Boynton Drive from Sylvania Avenue to Candlewood Lane, Candlewood Lane from Boynton Drive to Tamworth Road, Tamworth Road from its southern terminus northerly approximately 730 feet, Pine Cone Lane from Tamworth Road to Weldwood Lane and Weldwood Lane from Bog Hollow Road northerly approximately 1,110 feet, by removing and replacing pavement and curbing, pouring asphalt concrete over an aggregate base, and improving catchbasins, manholes, underdrains and drainage systems, and (ii) Monroe Street from the point west of the intersection of Monroe Street and Main Street at which the Norfolk & Southern railroad tracks cross Monroe Street easterly to the U.S. Route 23 bridge and Main Street from Monroe Street to Maplewood Avenue, by removing and replacing pavement, curbing and sidewalks, pouring asphalt concrete over an aggregate base, and improving catchbasins, manholes, underdrains and drainage systems, together with all necessary related improvements and appurtenances thereto; roll call vote being: Backus, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.		Supplemental Fiscal Officer=s Certificate accepted for filing.

Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 18-2008, a written copy of same having been previously furnished to each member of Council, AAn Ordinance providing for the issuance and sale of $4,500,000 of bonds to pay costs of improving certain streets by removing and replacing pavement, curbing and sidewalks, pouring asphalt concrete over an aggregate base, and improving catchbasins, manholes, underdrains and drainage systems, together with the necessary improvements and appurtenances thereto; 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: Brown, Cappellini, Haddad, Haynam, Luetke, Milner, Backus (7) yeas; (0) nays. The motion carried.		Ordinance 18-2008, A... Providing for the Issuances and Sale of $4,500,000 of Bonds...@

Mr. Haddad moved, Mr. Milner seconded, that Ordinance No. 18-2008 be enacted as an emergency measure as declared therein; roll call vote being: Cappellini, Haddad, Haynam, Luetke, Milner, Backus, Brown (7) yeas; (0) nays. The motion carried.

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

Service Director Jeffrey Ballmer=s report on the change order for the Main Street Bridge project was placed on file. Mr. Milner presented and read aloud by title only, proposed Ordinance No. 19-2008, 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)(Bridge) to this City=s agreement with Fort Defiance Construction and Supply, Inc. for the Main Street Bridge Improvement project which reflects the as-built quantities used and the work performed on the bridge portion of the project; increasing the contract amount by $13,189.25; 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: Haddad, Haynam, Luetke, Milner, Backus, Brown, Cappellini (7) yeas; (0) nays. The motion carried.		Ordinance 19-2008, A...Approve Change Order... (Bridge)...@

Mr. Milner moved, Dr. Backus seconded, that Ordinance No. 19-2008 be enacted as an emergency measure as declared therein; roll call vote being: Haynam, Luetke, Milner, Backus, Brown, Cappellini, Haddad (7) yeas; (0) nays. The motion carried.

The Service Director=s report on the Change Order for the retaining wall portion of the Main Street Bridge project was placed on file. Mr. Milner presented and read aloud by title only, proposed Ordinance No. 20-2008, 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. 2 (Final)(Walls) to this City=s agreement with Fort Defiance Construction and Supply, Inc. for the Main Street Bridge Improvements project which reflects the actual quantities used and the work performed on the retaining wall portion of the project; increasing the contract amount by $11,702.82; 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: Luetke, Milner, Backus, Brown, Cappellini, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		Ordinance 20-2008, A...Approve Change Order... (Walls)...Bridge Improvement...@

Mr. Milner moved, Mr. Haddad seconded, that Ordinance No. 20-2008 be enacted as an emergency measure as declared therein; roll call vote being: Milner, Backus, Brown, Cappellini, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.

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

The Service Director=s recommendation for the bids received for vehicles for the Parks & Forestry Division was placed on file. Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 21-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the bid of Bi-State Ford for the furnishing of one 2008 3/4 ton pick-up truck, without trade-in, for the Division of Parks & Forestry, Department of Public Service in the amount of $19,965; and declaring an emergency.@ Mr. Luetke moved, Mr. Haddad seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Backus, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.

Ordinance 21-2008, AAccepting the Bid of Bi-State Ford... Pick-up Truck... Parks...@Mr. Luetke moved, Mr. Milner seconded, that Ordinance No. 21-2008 be enacted as an emergency measure as declared therein; roll call vote being: Brown, Cappellini, Haddad, Haynam, Luetke, Milner, Backus (7) yeas; (0) nays. The motion carried.

Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 22-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the bid of Bell Equipment Company for the furnishing of one rear loading refuse packer body, with trade-in, for the Division of Parks & Forestry, Department of Public Service in the amount of $41,000; and declaring an emergency.@ Mr. Luetke moved, Mr. Haddad seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Cappellini, Haddad, Haynam, Luetke, Milner, Backus, Brown (7) yeas; (0) nays. The motion carried.		Ordinance 22-2008, AAccepting the Bid of Bell Equipment... Refuse Packer Body...Parks...@

Mr. Luetke moved, Mr. Milner seconded, that Ordinance No. 22-2008 be enacted as an emergency measure as declared therein; roll call vote being: Haddad, Haynam, Luetke, Milner, Backus, Brown, Cappellini (7) yeas; (0) nays. The motion carried.

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

Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 23-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the proposal of Poggemeyer Design Group for services related to the update of the City of Sylvania=s Land Use Plan; authorizing the expenditure for the services in an amount not to exceed $38,950; 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: Haynam, Luetke, Milner, Backus, Brown, Cappellini, Haddad (7) yeas; (0) nays. The motion carried.		Ordinance 23-2008, AAccepting the Proposal of Poggemeyer Design Group... Update...Land Use Plan...@

Mr. Haynam moved, Mr. Haddad seconded, that Ordinance No. 23-2008 be enacted as an emergency measure as declared therein; roll call vote being: Luetke, Milner, Backus, Brown, Cappellini, Haddad, Haynam (7) yeas; (0) nays. The motion carried.

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

Mr. Haynam presented the Planning Commission=s recommendation for the petition to vacate a portion of Twain Drive from the west line extended of Lots 153 and 154, Whetstone Park. Mr. Haynam moved, Mr. Luetke seconded, to set the public hearing for May 5 at 7:15 p.m., and to authorize the clerk to advertise for same; roll call vote being: Milner, Backus, Brown, Cappellini, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.

Public hearing for Twain Drive vacation set for May 5, 7:15 p.m.Mayor Stough stated that Council will now consider agenda item 13.

Mrs. Cappellini reported that attendance was low at the public meeting for the future of Harroun Park. She asked Council members and others to fill out the survey.		Harroun Park survey.

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

Mrs. Cappellini said that Sylvan Pool, which is owned by the neighborhood association, is empty and the property is run down. It was noted that the City owns the parking lot adjacent to it. Mr. Haddad moved, Dr. Backus seconded, to refer the matter to the Building & Grounds Committee for review; roll call vote being: Backus, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried. The committee will meet on April 4 at 8:30 a.m. in the Administration Building=s 1^st floor conference room.		Building & Grounds Comm., April 4, 8:30 a.m.

Mayor Stough stated that Council will now consider agenda item 15.

Mr. Haddad reported that Council met in Committee-of-the-Whole at 6:30 with the Bowling Green City Prosecutor who gave a review on code enforcement in that city. The Committee concluded to move forward with code enforcement, and to support the Administration on the procedures.		Code enforce- ment to move forward.

Mr. Haddad reported that the Finance Committee met at 5:30 with representatives of the Wingate Hotel on the hotel/motel tax. The Committee recommends the waiver of the 3% tax to December 2012, and to make it retroactive to January 1, 2008. Mr. Haddad moved, Mr. Milner seconded, to authorize a resolution granting the waiver; roll call vote being: Backus, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.		Resolution authorized, waive hotel/motel tax.

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

Mr. Haddad moved, Dr. Backus seconded, to refer the request to place cardboard recycling dumpsters at Southbriar Shopping Center to the Utilities & Environment Committee; roll call vote being: Brown, Cappellini, Haddad, Haynam, Luetke, Milner, Backus (7) yeas; (0) nays. The motion carried.		Southbriar dumpster request to Utilities.

Mayor Stough stated that all items on the agenda had been considered. Mr. Luetke moved, Dr. Backus seconded, that this meeting adjourn; all present voting yea (7); (0) nays. The motion carried and the meeting adjourned at 10:25 p.m.		Adjournment.