Minutes of the Meeting of Council April 7, 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, April 7, 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.
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: 4a. Move item 23 here. 8. Report of the Employee & Community Relations Committee meeting. 24a. Report of the Safety Committee meeting. 24b. Report of the Building & Grounds Committee meeting. 26. 2008 fireworks contract. Mr. Milner moved, Mr. Haynam 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 17 meeting minutes. Mr. Haddad moved, Mr. Haynam 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 17, 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 17 minutes.
Mr. Haynam presented zoning ordinance amendment petition no. SUP-2-2008, a request from George Skaff, Agent, for Highland Meadows Golf Club, 7455 Erie Street. There was discussion on the club=s request to start construction soon due to the pending Jamie Farr tournament, and the fact that the minor project will not adversely affect neighborhood homes. Mr. Haddad moved, Mr. Haynam seconded, to authorize the Mayor=s letter allowing construction to begin, provided that Highland Meadows Golf Club agrees to comply with any requirements; to refer application no. SUP-2-2008 to the Municipal Planning Commission for review and recommendation; to set the public hearing date for May 19, 7:15 p.m., and to authorize the clerk to advertise for same; roll call vote being: Cappellini, Haddad, Haynam, Luetke, Milner, Backus, Brown (7) yeas; (0) nays. The motion carried.	SUP-2-2008 to Planning Comm. and public hearing set for May 19.

Mayor Stough stated that Council will now consider agenda item 5, and at Mr. Luetke=s request, Mr. Milner moved, Mr. Haddad seconded, to excuse Mr. Luetke from participation due to possible conflict; all present voting yea (7); (0) nays. The motion carried.	Luetke excused.
Meg Adams and Kathy Garcia, Toledo Edison, along with representatives from Flower Hospital were present. Mayor Stough presented Toledo Edison=s letter agreeing to place the electrical overhead distribution for the Flower Hospital substation underground from the north side of Monroe St. south down Harroun Rd. and ending at Ten Mile Creek. Council agreed that this will benefit the Gateway project. Mr. Haddad noted that the City should have been included in the plans sooner. Mr. Milner moved, Mr. Brown seconded, to authorize the administration to withdraw the City=s intervention before the Ohio Power Siting Board; roll call vote being: Haddad, Haynam, Milner, Backus, Brown Cappellini (6) yeas; (0) nays. The motion carried.	City to withdraw intervention in power line siting for Flower Hospital.
Mayor Stough stated that Council will now consider agenda item 6, and Mr. Luetke returned.	Luetke returns.
James Gee, TARTA General Manager, City Representative Tom Ramsdell, and TARTA Board President James Bohn were present. Mr. Gee explained that the Toledo Metropolitan Council of Governments (TMACOG) is convening a panel to determine the best way of funding public transportation in NW Ohio. John Plenzler, 5902 Apple Meadow, urged Council=s support of House Bill 480 to allow communities to opt-out of TARTA. Mr. Gee said needing the most attention is access to suburban communities as jobs move to those areas. After discussion, Dr. Backus moved, Mr. Haynam seconded, to table proposed Resolution 9-2008, opposing H.B. 480, to the May 19 meeting to see what the State is doing with it; roll call vote being: Haynam, Milner, Backus, Cappellini (4) yeas; Haddad, Luetke, Brown (3) nays. The motion carried.	Resolution 9-2008 tabled to May 19 meeting.
Mayor Stough stated that Council will now consider agenda item 7.

Jason Robertson, Executive Director, and Karen Smith and Tom Ramsdell, Board Members, Sylvania Area Family Services were present and thanked the City for its support of the agency. Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 24-2008, a written copy of same having been previously furnished to each member of Council, AAuthorizing the Mayor and Director of Finance to expend $50,000 to assist the Sylvania Area Family Services Capital Endowment Campaign; appropriating funds therefore; and declaring an emergency.@ Mr. Luetke moved, Mr. Haynam 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 24-2008, A...$50,000 ...Sylvania Area Family Services Capital Endowment...@
Mr. Luetke moved, Mr. Milner seconded, that Ordinance No. 24-2008 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 8.
Mr. Luetke reported that the Employee & Community Relations Committee met on April 1 to review the proposals for Phase 2 of the City=s website upgrade and replacement. The committee recommends Hart Associates= proposal. Mr. Luetke presented and read aloud by title only, proposed Ordinance No. 25-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the proposal of Hart Associates for services related to the update of the City of Sylvania=s website; authorizing the expenditure for the services in an amount not to exceed $125,000; 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: Backus, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.	Ordinance 25-2008, AAccepting the Proposal of Hart Assoc... Website...@
Mr. Luetke moved, Mr. Milner seconded, that Ordinance No. 25-2008 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.
Mayor Stough stated that Council will now consider agenda item 9, and at Mr. Haynam=s request, Mr. Luetke moved, Mr. Milner seconded, to excuse Mr. Haynam from participation due to possible conflict; all present voting yea (7); (0) nays. The motion carried.	Haynam excused.

Doug Wamsher was present and explained why imposing the collection of the hotel/motel tax will be adverse to the hotel. He said that competition is tough with a lot of new hotel construction in the area. Sylvania=s tax would be the highest in the county. Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 26-2008(a), a written copy of same having been previously furnished to each member of Council, AInstructing the Director of Finance to temporarily abate the collection of the hotel/motel tax, as provided for in Sylvania Codified Ordinance Chapter 175, for 60 months commencing January 1, 2008; 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: Cappellini, Haddad, Luetke, Milner, Backus, Brown (6) yeas; (0) nays. The motion carried.	Ordinance 26-2008(a), A... Temporarily Abate...Hotel/ Motel Tax...@
Mr. Haddad moved, Mr. Milner seconded, that Ordinance No. 26-2008(a) be enacted as an emergency measure as declared therein; roll call vote being: Haddad, Luetke, Milner, Backus, Brown, Cappellini (6) yeas; (0) nays. The motion carried.
Mayor Stough stated that Council will now consider agenda item 10, and Mr. Haynam returned.	Haynam returns.
Service Director Jeffrey Ballmer=s report on the bids received for the Harroun Park Drainage Improvements was placed on file. Mr. Brown presented and read aloud by title only, proposed Ordinance No. 27-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the bid of Geddis Paving and Excavating, Inc. and awarding the contract for the Harroun Park Drainage Improvement project to same; authorizing the expenditure for the improvements in the amount of $44,487.50; appropriating funds therefore; and declaring an emergency.@ Mr. Brown moved, Mr. Luetke 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 27-2008, AAccepting the Bid of Geddis Paving...Harroun Park Drainage Improvement...@
Mr. Brown moved, Mr. Haddad seconded, that Ordinance No. 27-2008 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 11.
The Service Director=s report on the bids received for the 2008 Pavement Planing project was placed on file. Mr. Milner presented and read aloud by title only, proposed Ordinance No. 28-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the bid of Crestline Paving and Excavating Co., Inc. and awarding the contract for the Pavement Planing - 2008 project to same; authorizing the expenditure for the improvements in the amount of $50,400; appropriating 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: Backus, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.	Ordinance 28-2008, AAccepting the Bid of Crest- line Paving... Pavement Planing 2008...@
Mr. Milner moved, Mr. Haddad seconded, that Ordinance No. 28-2008 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.

Mayor Stough stated that Council will now consider agenda item 12.
The Service Director=s report on the bids received for the Convent Boulevard Improvements project was placed on file. Mr. Milner presented and read aloud by title only, proposed Ordinance No. 29-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the bid of Gerken Paving, Inc. and awarding the contract for the Convent Boulevard Improvement project to same; authorizing the expenditure for the improvements in the amount of $207,860.80; appropriating 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: Cappellini, Haddad, Haynam, Luetke, Milner, Backus, Brown (7) yeas; (0) nays. The motion carried.	Ordinance 29-2008, AAccepting the Bid of Gerken Paving... Convent ...Improvement...@
Mr. Milner moved, Mr. Haynam seconded, that Ordinance No. 29-2008 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 13.
The Service Director=s report on the Woodland Lane Improvements bids was placed on file. Mr. Milner presented and read aloud by title only, proposed Ordinance No. 30-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the bid of PHC, Inc. and awarding the contract for the Woodland Lane Improvement project to same; authorizing the expenditure for the improvements in the amount of $205,357.10; appropriating funds therefore; and declaring an emergency.@ Mr. Milner moved, Dr. Backus 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 30-2008, AAccepting the Bid of PHC... Woodland Lane...@
Mr. Milner moved, Mr. Luetke seconded, that Ordinance No. 30-2008 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 14.

Dr. Backus presented and read aloud by title only, proposed Ordinance No. 31-2008, a written copy of same having been previously furnished to each member of Council, AAuthorizing the donation of various items of jail property to the Lucas County Sheriff=s office; determining said property to be of no further use to the City of Sylvania; and declaring an emergency.@ Dr. Backus moved, Mr. Milner seconded, that Council dispense with the Second and Third Readings of said Ordinance; roll call vote being: Milner, Backus, Brown, Cappellini, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.
Ordinance 31-2008, A... Donation...Jail Property to the Lucas County Sheriff=s Office ...@Dr. Backus moved, Mr. Luetke seconded, that Ordinance No. 31-2008 be enacted as an emergency measure as declared therein; roll call vote being: Backus, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.
Mayor Stough stated that Council will now consider agenda item 15.
Dr. Backus presented and read aloud by title only, proposed Ordinance No. 32-2008, a written copy of same having been previously furnished to each member of Council, AAuthorizing the Mayor and Director of Finance to enter into an agreement, on behalf of the City of Sylvania, Ohio, with the Board of Lucas County Commissioners, for providing Public Defender Services to the Sylvania Municipal Court for the years 2007 and 2008; appropriating funds therefore; 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: Brown, Cappellini, Haddad, Haynam, Luetke, Milner, Backus (7) yeas; (0) nays. The motion carried.	Ordinance 32-2008, A...Agree- ment...Public Defender Services...@
Dr. Backus moved, Mr. Milner seconded, that Ordinance No. 32-2008 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 16.
Dr. Backus presented and read aloud by title only, proposed Ordinance No. 33-2008, a written copy of same having been previously furnished to each member of Council, AAuthorizing the Mayor and Director of Finance to enter into an agreement on behalf of the City of Sylvania between the City of Sylvania and the Board of Lucas County Commissioners for the Suburban Court Services program; agreeing to participate in funding a portion of the local share for Suburban Courts= Services; appropriating $15,000 therefore; and declaring an emergency.@ Dr. Backus moved, Mr. Haynam 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 33-2008, A...Agree- ment...Suburban Court Services...@
Dr. Backus moved, Mr. Luetke seconded, that Ordinance No. 33-2008 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.
Mayor Stough stated that Council will now consider agenda item 17.

Mr. Haddad presented and read aloud by title only, proposed Ordinance No. 34-2008, a written copy of same having been previously furnished to each member of Council, AAn Ordinance to approve, adopt and enact current replacement pages to the Codified Ordinances; to repeal Ordinances in conflict therewith; to publish the enactment of new matter; 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: Luetke, Milner, Backus, Brown, Cappellini, Haddad, Haynam (7) yeas; (0) nays. The motion carried.	Ordinance 34-2008, A...Approve Adopt and Enact Current Replace- ment Pages... Codified Ordinances...@
Mr. Haddad moved, Dr. Backus seconded, that Ordinance No. 34-2008 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 18.
After discussion on the negative impact on municipal income taxes that passage of H.R. 3359 would have, Mr. Milner moved, Dr. Backus seconded, to authorize the Mayor and Council President to send a letter to elected officials expressing the City=s concern about this piece of legislation; roll call vote being: Backus, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.	Letter re. concerns of H.R. 3359 authorized.
Mayor Stough stated that Council will now consider agenda item 19.
Dr. Backus presented notice from the Ohio Division of Liquor Control of the transfer of the D1, D2, D3, D3A, and D6 liquor permit from M.C. Lewan, LLC, s/b/a Sodbusters, 5758 N. Main, Units 5 & 6, to DDAM, Ltd., 5758 N. Main, Units 5 & 6. Dr. Backus moved, Mr. Haddad seconded, that no hearing be requested for transfer of liquor permit number 1879670; roll call vote being: Brown, Cappellini, Haddad, Haynam, Luetke, Milner, Backus (7) yeas; (0) nays. The motion carried.	No objection to liquor permit transfer.
Mayor Stough stated that Council will now consider agenda item 20.
Mayor Stough presented the Service Director=s report on the proposed improvements to Glasgow Road. Mr. Milner moved, Mr. Haynam seconded, to authorize the clerk to advertise for bids for the project; roll call vote being: Cappellini, Haddad, Haynam, Luetke, Milner, Backus, Brown (7) yeas; (0) nays. The motion carried.	Clerk to advertise for Glasgow Rd. improvements.
Mayor Stough stated that Council will now consider agenda item 21.

Mr. Haynam presented zoning ordinance amendment petition no. ZA-1-2008, a request to change the zoning of a parcel on Skelly Rd. just south of the corner of Monroe and Skelly from AR-3 Multiple Dwelling Medium Density District@ to AB-2 General Business District.@ Mr. Haynam moved, Mr. Milner seconded, to refer zoning ordinance amendment petition no. ZA-1-2008 to the Planning Commission for review and recommendation; roll call vote being: Haynam, Luetke, Milner, Backus, Brown, Cappellini, Haddad (7) yeas; (0) nays. The motion carried.	ZA-1-2008 to Planning Comm.
Mayor Stough stated that Council will now consider agenda item 22.
Mr. Haynam presented zoning ordinance amendment petition no. SUP-1-2008, a request from Jerome Parker, for In & Out Mart, to amend the existing special use of the property on Alexis Road between Roan and Rudyard to allow an additional curb cut on Alexis Road. It was noted during discussion that when the original application was approved, Council placed stipulations on the location and number of curb cuts. Mr. Haynam moved, Mr. Luetke seconded, to reluctantly refer application no. SUP-1-2008 to the Municipal Planning Commission for review and recommendation; roll call vote being: Luetke, Milner, Backus, Brown, Cappellini, Haddad, Haynam (7) yeas; (0) nays. The motion carried.	SUP-1-2008 to Planning Comm.
Item 23 was previously done, and Mayor Stough stated that Council will now consider agenda item 24.
Dr. Backus reported that there were many in attendance at the 6:00 Safety Committee meeting to hear the seven scheduled speakers for and against the City=s proposed vicious dog legislation. He said that the committee will meet again to further review it. Mr. Haynam wants to move forward on the issue and get the legislation enacted. Dr. Backus set another Safety Committee meeting for April 21 at 6:00 p.m. in Council Chambers.	Safety Comm., vicious dog limitations, April 21, 6:00.
Mrs. Cappellini said that the Building & Grounds Committee met on April 4 to consider the condition and operation of Sylvan Pool. It is owned by the Sylvan Square Homeowners= Association, and the City owns the parking lot, but there is uncertainty as to where the boundaries are. Mrs. Cappellini asked the Administration to determine the property owners. The committee will meet again on May 5 at 6:00 p.m., and notices will be distributed door-to-door to the Sylvan Square homeowners.	Building & Grounds, Sylvan Pool, May 5, 6:00.
There were no items for 25, and Mayor Stough stated that Council will now consider agenda item 26.

Mr. Haddad reported on the Pyrotecnico proposal for the 2008 fireworks. Mr. Haddad moved, Mr. Milner seconded, to authorize legislation approving the agreement with Pyrotecnico for the 2008 Independence Day fireworks; roll call vote being: Milner, Backus, Brown, Cappellini, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.
Legislation authorized, fireworks contract.Mayor Stough stated that all items on the agenda had been considered. Mr. Luetke moved, Mr. Haynam seconded, that this meeting adjourn; all present voting yea (7); (0) nays. The motion carried and the meeting adjourned at 9:50 p.m.	Adjournment.

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Clerk of Council Mayor