Minutes of the Meeting of Council

Minutes of the Meeting of Council May 5, 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, May 5, 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.

Mrs. Cappellini 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 additions to the agenda: 3a. Introduction of two new police officers. 16a. Economic Development sub-committee report. 18. Set the date for the Council photo. 19. Speed bump on Old Farm Lane. 20. City=s payment status with the LCIC. Mr. Milner moved, Dr. Backus 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.		Additions to the agenda.

Police Chief Gerald Sobb introduced two new police officers, Zachary Andrzejewski, and Steven Jarrett.		New officers.

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

Mr. Haddad presented the April 21 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 April 21, 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 April 21 minutes.

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

Mrs. Cappellini reported that the Building & Grounds Committee met at 6:00 with residents of the Sylvan Square area to gauge if there is support to keep the neighborhood pool open. She said there were about 30 people present, and the majority supported that the pool be operational. There was discussion on ownership of the land, and funding to maintain and operate a pool. If the City takes it over, the pool would be open to the public, and not just the neighborhood. It was suggested that property owners be asked to return post cards indicating their position on the pool. Mrs. Cappellini moved, Mr. Milner seconded, to prepare a letter with return postcards, and set an agenda for a neighborhood meeting; roll call vote being: Cappellini, Haddad, Haynam, Luetke, Milner, Backus, Brown (7) yeas; (0) nays. The motion carried.		Sylvan Pool issue.

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

Sylvania Schools Superintendent Dr. Brad Rieger gave an update on the Strategic Facilities Master Plan, and invited everyone to a community forum on May 12 at 7:00 p.m. at the Sylvania Senior Center.		Schools master plan update.

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

Jim Speck, Toledo Area Metroparks, reported on the objectives for Harroun Community Park, and the survey results. He also gave a report on the bids received for the first phase of the Lathrop House renovations.		Metroparks report.

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

Gary Madrykowski, The Olander Park System, said that the restroom project at Fossil Park will move forward now that the lease and sub-lease issues have been resolved. The TOPS Board has authorized a standard design building since a solar powered one will add $93,000 to the cost. However, a solar powered one could be constructed if additional funds are found. He said that the park will be open all week once the restrooms are in.		Fossil Park improvements update.

Mayor Stough stated that Council will now consider agenda item 9, and at Mr. Luetke=s request, Mr. Milner moved, Mr. Haynam seconded, to excuse Mr. Luetke from participation due to possible conflict; all present voting yea (7); (0) nays. The motion carried.		Luetke excused.

Mayor Stough presented Service Director Jeffrey Ballmer=s report on the Toledo Edison permit to construct the 138 KV overhead transmission line to serve the Flower Hospital campus. Mr. Ballmer said he brought the permit for Council=s approval due to the scope of the project. Mr. Brown moved, Mr. Milner seconded, to agree with the permit and allow for its issuance; roll call vote being: Haddad, Haynam, Milner, Backus, Brown, Cappellini (6) yeas; (0) nays. The motion carried.		Toledo Edison permit authorized.

Mayor Stough stated that Council will now consider agenda item 10, and Mr. Luetke returned.

Luetke returns.Timothy Harrington, Executive Director, The Ability Center of Greater Toledo, Attorney Melissa Detrick, and a representative from Assistance Dogs of America were present. Mr. Haynam presented zoning ordinance amendment petition no. SUP-3-2008, a request from The Ability Center of Greater Toledo, 5605 Monroe Street to develop three parcels to provide improved services to people with disabilities. Mr. Haynam moved, Mr. Milner seconded, to refer application no. SUP-3-2008 to the Municipal Planning Commission for review and recommendation; to set the public hearing date for June 16 at 7:00 p.m. provided that the Planning Commission has made its recommendation, and to authorize the clerk to advertise for same; roll call vote being: Haynam, Luetke, Milner, Backus, Brown, Cappellini, Haddad (7) yeas; (0) nays. The motion carried.		SUP-3-2008 to Planning Comm.

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

Mr. Haynam reported that the Zoning & Annexation Committee met on May 30 to review the next four proposed ordinances regarding various zoning issues. The committee recommends their passage.		Zoning Comm. report.

Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 36-2008, a written copy of same having been previously furnished to each member of Council, AAmending Part Five of the Sylvania Codified Ordinances by amending Section 503.02 - Definitions to amend the definition of litter; 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: Luetke, Milner, Backus, Brown, Cappellini, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		Ordinance 36-2008, AAmending Part Five...@

Mr. Haynam moved, Mr. Milner seconded, that Ordinance No. 36-2008 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. Haynam presented and read aloud by title only, proposed Ordinance No. 37-2008, a written copy of same having been previously furnished to each member of Council, AAmending Part Nine of the Sylvania Codified Ordinances by amending Section 941.06 - Location of Containers; 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, Brown, Cappellini, Haddad, Haynam, Luetke, Milner (7) yeas; (0) nays. The motion carried.		Ordinance 37-2008, AAmending Part Nine...@

Mr. Haynam moved, Dr. Backus seconded, that Ordinance No. 37-2008 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. Haynam presented and read aloud by title only, proposed Ordinance No. 38-2008, a written copy of same having been previously furnished to each member of Council, AAmending Chapter 303 of the Sylvania Codified Ordinances by adding Section 303.12 - Parking of Motor Vehicles on Lawns Prohibited; 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: Cappellini, Haddad, Haynam, Luetke, Milner, Backus, Brown (7) yeas; (0) nays. The motion carried.		Ordinance 38-2008, AAmending Chapter 303...@

Mr. Haynam moved, Dr. Backus seconded, that Ordinance No. 38-2008 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.

Mr. Haynam presented and read aloud by title only, proposed Ordinance No. 39-2008, a written copy of same having been previously furnished to each member of Council, AAmending Part One - Administrative Code of the Sylvania Codified Ordinances by adding Chapter 163 - Civil Infractions; and declaring an emergency.@ Mr. Haynam moved, Mr. Milner 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 39-2008, AAmending Part One - Administrative Code...@

Mr. Haynam moved, Mr. Luetke seconded, that Ordinance No. 39-2008 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 presented the policy for processing complaints and violations of the zoning code, and enforcing it.		Complaint processing.

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

The Service Director=s report on the bids received for the Glasgow Road improvements was placed on file. Mr. Milner presented and read aloud by title only, proposed Ordinance No. 41-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the bid of Anderzack-Pitzen Construction, Inc., and awarding the contract for the Glasgow Road Improvement Project to same; authorizing the expenditure for the improvements in the amount of $1,365,629.50; 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: Milner, Backus, Brown, Cappellini, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		Ordinance 41-2008, A Accepting the Bid...Glasgow Road Improve- ment...@

Mr. Milner moved, Dr. Backus seconded, that Ordinance No. 41-2008 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.

At Dr. Backus= request, Mr. Luetke moved, Mr. Milner seconded, to excuse Dr. Backus from participation due to possible conflict; all present voting yea (7); (0) nays. The motion carried.		Backus excused.

The Service Director=s report on the proposal for construction inspection services was placed on file. Mr. Milner presented and read aloud by title only, proposed Ordinance No. 42-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the proposal of the Mannik & Smith Group to provide construction inspection for the Glasgow Road improvements; appropriating funds therefore in an amount not to exceed $81,967; 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: Brown, Cappellini, Haddad, Haynam, Luetke, Milner (6) yeas; (0) nays. The motion carried.		Ordinance 42-2008, A...Proposal ...Construction Inspection... Glasgow...@

Mr. Milner moved, Mr. Haddad seconded, that Ordinance No. 42-2008 be enacted as an emergency measure as declared therein; roll call vote being: Cappellini, Haddad, Haynam, Luetke, Milner, Brown (6) yeas; (0) nays. The motion carried.

Mayor Stough stated that Council will now consider agenda item 13 and Dr. Backus returned.		Backus returns.

The Service Director=s report for Change Order No. 1 on the Monroe Street paving project was placed on file. Mr. Milner presented and read aloud by title only, proposed Ordinance No. 43-2008, 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 to this City=s agreement with the Ohio Department of Transportation for the Monroe Street Pavement Project which reflects the reconstruction and adjustment of 30 manholes and curb inlets along Monroe Street between Alexis Road and Whiteford Road; increasing the contract amount by $35,400; 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: Haddad, Haynam, Luetke, Milner, Backus, Brown, Cappellini (7) yeas; (0) nays. The motion carried.		Ordinance 43-2008, A...Approve Change Order... Monroe Street...@

Mr. Milner moved, Dr. Backus seconded, the Ordinance No. 43-2008 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 14.

The Service Director=s report on the emergency repairs for Plummer Pool was placed on file. Mrs. Cappellini presented and read aloud by title only, proposed Ordinance No. 44-2008, a written copy of same having been previously furnished to each member of Council, AAccepting the proposal of B and J Concrete to provide repairs and construction for the Plummer Pool; appropriating funds therefore in an amount not to exceed $33,000; and declaring an emergency.@ Mrs. Cappellini 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 44-2008, A...Proposal ...Repairs... Plummer Pool...@

Mrs. Cappellini moved, Mr. Haddad seconded, that Ordinance No. 44-2008 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 15.

Mr. Brown presented and read aloud by title only, proposed Ordinance No. 45-2008, 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 2008; 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. Brown moved, Mr. Milner 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 45-2008, AProviding ...Cleaning...Open Drainage Ditches ...@

Mr. Brown moved, Dr. Backus seconded, that Ordinance No. 45-2008 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. 46-2008, 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 withinpublic 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 2008; 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. Luetke moved, Mr. Milner 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 46-2008, AProviding ...Trimming... Trees...@

Mr. Luetke moved, Mr. Haddad seconded, that Ordinance No. 46-2008 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 16.

Mr. Luetke reported that the Economic Development sub-committee met, and due to the broad issues it will review, it was decided that the Chairs of the Finance Committee and Zoning & Annexation Committee be added. Also, a representative from the Sylvania Chamber of Commerce, and the Sylvania Community Improvement Corporation will be part of the group. The next meeting is May 14, 2008 at 4:00 p.m. in Council Chambers.		Economic Dev. Comm. to meet on May 14, 4:00 p.m.

There were no items for 17, and Mayor Stough stated that Council will now consider agenda item 18.

There was discussion about the Chamber of Commerce=s annual golf outing and dinner scheduled for June 2 which is also a Council meeting night. Mr. Haddad moved, Mr. Haynam seconded, to change the previously scheduled public hearing date of zoning ordinance amendment petition no. ZA-1-2008 from June 2 at 7:00 p.m. to Monday, June 16 at 7:00 p.m., and to reschedule the public hearing time previously set at 7:00 p.m. for zoning ordinance amendment petition no. SUP-3-2008 to 6:30 p.m. on June 16; roll call vote being: Haynam, Luetke, Milner, Backus, Brown, Cappellini, Haddad (7) yeas; (0) nays. The motion carried.		Public hearings rescheduled.

Mr. Milner moved, Mr. Luetke seconded, to change the date of the June 2 meeting of City Council to Wednesday, June 4 at 7:30 p.m.; roll call vote being: Luetke, Milner, Backus, Brown, Cappellini, Haddad, Haynam (7) yeas; (0) nays. The motion carried.		June 2 Council meeting changed to June 4.

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

After discussion on removing the speed hump on Old Farm Lane, Mr. Brown suggested that the placement be looked at as a whole of the neighborhood instead of the abutting property owners. The Streets Committee will meet on May 16 at 8:00 a.m. in the Administration Building to review the speed hump policy.		Streets Comm. to meet May 16, 8:00 a.m.

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

Mr. Luetke reported that the City of Toledo has authorized payment of 20% of its amount to the Lucas County Improvement Corporation (LCIC). Mr. Luetke moved, Mr. Milner seconded, to authorize the Finance Director to pay 20% of the City=s share to LCIC; roll call vote being: Milner, Backus, Brown, Cappellini, Haddad, Haynam, Luetke (7) yeas; (0) nays. The motion carried.		20% payment authorized to LCIC.

Mayor Stough stated that all items on the agenda had been considered. Mr. Haynam moved, Mr. Milner 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.