FINDLAY CITY COUNCIL MINUTES REGULAR SESSION JUNE 6, 2006 COUNCIL CHAMBERS PRESENT: Collette, Eier, Monday, Peters, Rowe, Schedel, J. Slough, M. Slough, Ward Council meeting opened with the Pledge of Allegiance, followed by prayer from Rev. David Draper, President of Winebrenner Seminary MINUTES: The Appropriations Committee report, dated May 16, 2006, regarding the Flood Mitigation Project is amended as follows: Delete “Jim Staschiak stated that approximately 150 homes would be removed from the 100-year flood plain and about the same number from the 500-year flood plain, 46% of the properties currently in the 500-year flood plain would be permanently removed.” Mr. J. Slough moved to accept he minutes, as circulated of the May 16, 2006, Council meeting. Mr. Peters seconded the motion. Motion carried. Filed. Mr. Ward made a motion to add three letters from the Middle Schools, a letter from the Safety Director regarding OPBA Collective Bargaining Agreements and the May 2006 NEAT Report to the agenda. Mr. J. Slough seconded the motion. Motion carried. WRITTEN COMMUNICATIONS: Jacquie Sharrer – 14448 CR 216 – Findlay Suggestion to relieve the traffic situation for the employees and trucks leaving the Tall Timbers Industrial Park—Install a road north from production Drive and stop at C R 212. Presently there is only one way in and out of the Industrial Park and traffic dumps into Bright Road, clogging traffic to Rt. 12. Mr. Monday inquired if this should be referred to the Traffic Commission. Mayor Iriti replied that CDF has been discussing different options to relieve the traffic congestion. Filed. Paul E. Schmelzer, Van Horn, Hoover & Associates, P O Box 612 Requests, on behalf of A. Schulman, extension of sanitary sewer to the 50acre parcel for construction of a new manufacturing facility. The sewer will be extended from an existing manhole on the Cardinal Health property. Water exists near the west line of the property on the Best Buy parcel. Referred to the Water and Sewer Committee. Filed. Letters from Central Middle School, Donnell Middle School and Glenwood Middle School – Annual Poptab Contest The Middle Schools hold an annual Poptab Contest to benefit the Findlay Police Department. The contest began several years ago at Glenwood as a way of raising money to support Beaux, the former canine officer. The contest now includes all three Middle Schools. They wish to use the money to help educate the students in Findlay City Schools. Filed. ORAL COMMUNICATIONS: Tim Hassan, President Local #381, 320 Lexington Avenue Mr. Hassan addressed Council regarding the elimination of Fire Department Assistant Chief Position. Ordinance No. 2006-47 is on the agenda to amend the salary ordinances to eliminate this position. Local #381 is concerned with this action for several reasons: 1. State EMS requirements required reporting and enhanced record keeping and training to maintain the certifications. 2. Training officer position. 3. Reports for submittal to the Ohio Fire Incident Reporting System— EMS reports, pre-fire planning program, administering the EMS continuing education program, developing and implementing Department SOP’s, grant applications, civic activities, tracking Department inventories. The Assistant Chief’s position affects each member of the Fire Department on nearly a daily basis due to the above-mentioned responsibilities. Mr. Hassan requests that Council reject the emergency clause in the legislation and hold discussions so that the Administration’s objective can be more fully understood. Mr. Ward announced that he has scheduled an APPROPRIATIONS COMMITTEE MEETING AT 6:30, TUESDAY, JUNE 20 IN THE CONFERENCE ROOM. Filed. Patrick Ball – Findlay Fire Department Mr. Ball addressed Council in opposition of elimination of the Fire Department Assistant Chief position. He alluded to the grants that are written through his office. This is a very important job—responsible for documentation necessary for our ratings, he said. Mr. Ball would appreciate further study of the request. Filed. Tom Bissell, 8391 E. County Road 140, Findlay Mr. Bissell addressed Council regarding Flag City R.E.A.C.T. #6101, a group of local radio enthusiasts who provide public service and travelers’ communications in the interest of public safety. They also provide trained CPR, First Aid, Weather Sky spotting, NIMS manpower and communications support upon request. #6101 is a new group with a new Charter, new energy and new ideas. They request that they be included in Findlay’s Emergency Preparedness Plan. Safety Director Benson asked that the request be referred to the Local Emergency Planning Committee and the Hancock County Emergency Management Association. Mr. J. Slough congratulated the group for a job well done. LEPC meets June 7, 2006, and it was suggested by Ms. Bensen that the group attend the meeting. She would appreciate some guidance from LEPC. Filed. PETITIONS: Randy L. Cunningham – 1800 CR 236, Van Buren, OH Vacation of a portion of Eggleston Avenue Petition to vacate Eggleston Avenue between Harrison Street and vacated alley in the Thorpe & Andrews West Park Addition. Referred to the City Planning Commission and the Planning & Zoning Committee. Filed REPORTS OF MUNICIPAL OFFICERS AND MUNICIPAL DEPARTMENTS: Mayor Anthony P. Iriti – Removal of Assistant Fire Chief Position Request by Mayor Iriti to remove the position of Assistant fire chief, Pay class 240/9240, from the City’s Pay ordinances No. 2005-106 and No. 2005-107, removal effective on or after July 1, 2006. The City does not intend to fill that position when the incumbent, Assistant Chief Jeffrey Hilty, retires on June 30, 2006. Mayor Iriti also requests review and recommendation from the Appropriations Committee. Referred to the Appropriations Committee. Filed. Mayor Anthony P. Iriti – Sandusky Street Intersection Widening at Main Street, Project No. 328267 Request from Mayor Iriti to prepare legislation to appropriate $9,000 from County Permissive Funds to Sandusky Street Intersection Widening Project for design. This project is not included in the 2006 Capital Improvements Plan. The Mayor requests that the project be added to the plan. The purchase of the property at the northeast corner of Sandusky and Main Streets has made it possible to consider widening the intersection. Van Horn Hoover & Associates would be hired to review the intersection’s level of service and design improvements as necessary. Mr. Monday asked how far to the east will the street be widened? Mr. Staschiak said he did not believe it would be realistic to widen it any further than the property that we have acquired--it will be one lane. Mr. Ward asked about this being addressed at Appropriations Committee. Mr. Eier asked if some of that property will be available for a park? Mayor Iriti said the sidewalk is 12’ wide. The lane is 11’ wide. There will be property left for the development of a park. Filed. Chief of Police Spraw – Record check – Asian Grill A check of the records shows no criminal record on Young K. Park and Hye K. Park, Asian Grill LTD, dba Asian Grill, 1813 Tiffin Avenue. This is in regards to a D1 liquor permit. Mr. J. Slough moved to file no objection, seconded by Mr. M. Slough. Nays: Monday, Ward. Motion carried. Filed. Grant Administrator Lydia L. Mihalik – FY 2006 CDBG Formula Program This year’s CDBG Formula allocation is $166,000. By setting aside $14,000 for Fair Housing and Application preparation and administration, $152,000 will remain for this year’s project. It is recommended that work continue with the infrastructure improvements in the Wilson Street Area. Legislation is requested to apply for the grant. Filed. Director of Law David Hackenberg – Ordinance No. 2006-49 The City is in the process of rewriting the flood damage prevention map in concert with the State and FEMA. It will not be passed and in effect until September 20, 2006. In the meantime, the State and FEMA want us to use the new maps. Our current flood damage prevention ordinance does not have language which permits us to use the latest maps and data available. Ordinance No. 2006-49, when adopted, will permit us to use the new maps. Mr. Schedel asked if the recommendation came from the State and FEMA, do we have anything in writing? Mr. Hackenberg said it has come from telephone conversations. “We have a draft of the new ordinance. We should know around June 20.” Filed. Director of Law Hackenberg – Open Burning Ordinance Study is needed regarding the current open burning ordinance to cover the various situations that the Police and Fire encounter. Mr. Hackenberg requests that Council consider appointing an Ad Hoc Committee to review this issue and include membership from Police, Fire, Administration, and local citizenry. Filed. Service Director Jim Staschiak II – Reservoir Dam Safety Study Project No. 357604 The above-referenced project is included in the 2006 Capital Improvements Plan. A qualified consultant has been selected to perform the necessary study and evaluation of the dams associated with Reservoirs #1 and #2 and the dam at Riverside Park. Legislation is requested to appropriate the funds as follows: FROM: Water Fund $15,000 TO: Dam Safety Study $15,000 Project No. 35760400-441100 Filed. Hancock Regional Planning Commission Agenda – May 17, 2006. Hancock Regional Planning Commission Minutes – April 19, 2006. Filed. Traffic Commission Minutes – May 15, 2006. Filed. City of Findlay Income Tax Department Monthly Collection Report to Council, May 2006. Filed. Findlay City Board of Health Minutes – March 15, 2006. Findlay City Board of Health Minutes – April 19, 2006. Filed. Safety Director Bensen – OPBA Collective Bargaining Agreements Requests that Council not consider Ordinance No. 2006-50 as emergency legislation on June 6 and asked that they give the Ordinance its first reading. The Administration would like Council to review the language of all four bargaining agreements before voting on them. A copy of the Patrol Officers’ Bargaining Agreement language is attached. It contains language common to all four of the OPBA bargaining agreements. Final drafts of the language will be available later in this week. Ms. Bensen asks that Council consider Ordinance No. 2006-50 as an emergency on June 20. Filed. COMMITTEE REPORTS: None. LEGISLATION: RESOLUTIONS: RESOLUTION NO. 30-2006 First reading Adopted A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF FINDLAY, OHIO, TO FILE AN APPLICATION FOR FISCAL YEAR 2006 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Mr. Ward moved to adopt the Resolution, seconded by Mr. J. Slough. Ayes: Collette, Eier, Monday, Peters, Rowe, Schedel, J. Slough, M. Slough, Ward. The Resolution was declared adopted and is recorded in Resolution Volume XXVIII, Page 30-2006, and is hereby made a part of the record. RESOLUTION NO. 31-2006 First reading Adopted A RESOLUTION AUTHORIZING THE AUDITOR OF THE CITY OF FINDLAY, OHIO, TO AGAIN JOIN THE WORKERS COMPENSATION GROUP RATING PROGRAM ESTABLISHED BY THE NORTH CENTRAL OHIO MUNICIPAL FINANCE OFFICER’S ASSOCIATION. Mr. Peters moved to adopt the Resolution, seconded by Mr. J. Slough. Ayes: Eier, Monday, Peters, Rowe, Schedel, J. Slough, M. Slough, Ward, Collette. The Resolution was declared adopted and is recorded in Resolution Volume XXVIII, Page 31-2006, and is hereby made a part of the record. ORDINANCES: ORDINANCE NO. 2006-38 Third reading Adopted AN ORDINANCE VACATING A CERTAIN ALLEY IN THE CITY OF FINDLAY, OHIO. Mr. J. Slough moved to adopt the Ordinance, seconded by Mr. Rowe. Ayes: Monday, Peters, Rowe, Schedel, J. Slough, M. Slough, Ward, Collette, Eier. The Ordinance was declared adopted and is recorded in Ordinance Volume PP, Page 2006-38, and is hereby made a part of the record. ORDINANCE NO. 2006-41 Second reading AN ORDINANCE VACATING A CERTAIN ALLEY IN THE CITY OF FINDLAY, OHIO. Second reading of the Ordinance. ORDINANCE NO. 2006-42 Second reading AN ORDINANCE AMENDING CHAPTER 1100 ET SEQ. OF THE CODIFIED ORDINANCES OF THE CITY OF FINDLAY, OHIO, KNOWN AS THE ZONING CODE BY REZONING THE FOLLOWING DESCRIBED PROPERTIES WHICH PREVIOUSLY WERE ZONED B-RESIDENTIAL, CRESIDENTIAL, AND B-2 GENERAL BUSINESS TO UNIVERSITY DISTRICT. Second reading of the Ordinance. ORDINANCE NO. 2006-46 First reading Adopted AN ORDINANCE APPROPRIATING FUNDS AND DECLARING AN EMERGENCY. Mr. Rowe moved to suspend the Statutory Rules and give the Ordinance the second and third reading. Mr. Collette seconded the motion. Ayes: Peters, Rowe, Schedel, J. Slough, M. Slough, Ward, Collette, Eier, Monday. The Ordinance received the second and third reading. Mr. J. Slough moved to adopt the Ordinance, seconded by Mr. Eier. Ayes: Rowe, Schedel, J. Slough, M. Slough, Ward, Collette, Eier, Monday, Peters. The Ordinance was declared adopted and is recorded in Ordinance Volume PP, Page 200646, and is hereby made a part of the record. ORDINANCE NO. 2006-47 First reading AN ORDINANCE AMENDING ORDINANCES NO. 2005-106, 2005-107, AND 2001-108, AND DECLARING AN EMERGENCY. First reading of the Ordinance. ORDINANCE NO. 2006-48 First reading AN ORDINANCE AMENDING CHAPTER 1100 OF THE CODIFIED ORDINANCES OF THE CITY OF FINDLAY, OHIO, KNOWN AS THE ZONING CODE BY REZONING THE FOLLOWING DESCRIBED PROPERTY WHICH PREVIOUSLY WS ZONED “B-2 GENERAL BUSINESS” TO “I-1 LIGHT INDUSTRIAL”. First reading of the Ordinance. ORDINANCE NO. 2006-49 First reading Adopted AN ORDINANCE AMENDING CHAPTER 1351 ET SEQ. OF THE CODIFIED ORDINANCES OF THE CITY OF FINDLAY, OHIO, KNOWN AS THE FLOOD DAMAGE PREVENTION ORDINANCE, BY ADDING A NEW SECTION TO BE DESIGNATED AS 1351.12, AND DECLARING AN EMERGENCY. Mr. Peters moved to suspend the Statutory Rules and give the Ordinance the second and third reading. Mr. Ward seconded the motion. Ayes: Schedel, J. Slough, M. Slough, Ward, Collette, Eier, Monday, Peters, Rowe. The Ordinance received the second and third reading. Mr. Ward moved to adopt the Ordinance, seconded by Mr. J. Slough. Ayes: J. Slough, M. Slough, Ward, Collette, Eier, Monday, Peters, Rowe, Schedel. The Ordinance was declared adopted and is recorded in Ordinance Volume PP, Page 2006-49, and is hereby made a part of the record. ORDINANCE NO. 2006-50 First reading Adopted AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF FINDLAY, OHIO, TO ENTER INTO CONTRACTS WITH THE OHIO PATROLMEN’S BENEVOLENT ASSOCIATION FOR THE FOUR (4) POLICE DEPARTMENT BARGAINING UNITS; PATROL OFFICERS, SERGEANTS, LIEUTENANTS, AND DISPATCHERS, WITH EFFECTIVE DATES OF JANUARY 1, 2006 THROUGH DECEMBER 31, 2008, AND DECLARING AN EMERGENCY. First reading of the Ordinance. UNFINISHED BUSINESS: Mr. Rowe: Requested panhandling issue samples -- perhaps we might be better off to have the Administration and PD work together. “Is it for a legal thing?” “Is it for a fraudulent matter?” Can Administration and PD take another look at our present ordinance? Mr. Schedel: On May 16, I charged Traffic Commission to take a look at the hospital parking condition. Dennis Bash stated that he would take care of the problem with an aggressive move with their employees in one month. I asked my constituents to call me after June 19 to see if the problems have been corrected. Mr. Eier: The Tree commission has concerns with the new ordinance, regarding abuse or mutilation of public trees (Main Street). Business owners are pruning and topping their own trees. Some trees have been destroyed. It is supposed to be a misdemeanor. Is it enforceable or is it just on the books? Mr. Hackenberg stated that has always been in the ordinance. It can be done. Mr. Eier stated that Commercial Bank removed a tree for a dumpster. Mr. Hackenberg said Mrs. Smith should be involved with this. We can do it. We can require a sizeable tree to replace the one removed. Mr. Eier asked if complaints should go to the Captain first? Mayor Iriti said the Administration will get together and sort out a process to handle calls. Mr. Eier: Thanked the Mayor and everyone involved in the Dr. Martin Luther King Jr. Way presentation. Students from Glenwood School enjoyed participating in the event. Mr. Monday: WATER AND SEWER COMMITTEE MEETING – JUNE 22 – 4:00 PM – THIRD FLOOR CONFERENCE ROOM. Agenda: 1. Request for water and sewer – 26.43 acres on the west side of Carlin Avenue. 2. Sanitary sewer request – 50-acre parcel for A. Schulman. 3. Additional request per the Service Director. M. Slough: Received a call from the Breckenridge area with a parking concern on both sides of the street. The Safety Director stated it will be added to the agenda for the June 19 Traffic Commission meeting. Mr. Ward: COMMITTEE OF THE WHOLE MEETING – MONDAY, JUNE 12, 7 - 9 PM – FINDLAY LAND USE PLAN – FIRST PRESBYTERIAN CHURCH, 2330 S. MAIN STREET. APPROPRIATIONS COMMITTEE MEETING – TUESDAY, JUNE 20 – 6:30 PM – THIRD FLOOR CONFERENCE ROOM. Mr. Rowe: Allen Township Trustees held a special meeting tonight to consider zoning regarding adult-type establishments. Mr. Collette was present at that meeting, and he stated that a moratorium was passed. Mayor Iriti: Thanked Mike Eier for his efforts in bringing the students to the dedication. Mayor Iriti: Thanked Council for passing the Resolution on the Flood Code. The new maps will be gospel 9-20-06. FEMA community rating system—the more points you score on this system—a discount on the flood insurance. FEMA’s minimum standards will be the base of the flood code. President Schuck adjourned Council at 8:37 PM _______________________ CLERK OF COUNCIL __________________________ PRESIDENT OF COUNCIL