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FINDLAY CITY COUNCIL MINUTES - City of Findlay

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									                    FINDLAY CITY COUNCIL MINUTES

REGULAR SESSION            MAY 16, 2006        COUNCIL CHAMBERS

PRESENT: Collette, Eier, Monday, Peters, Rowe,
         Schedel, J. Slough, M. Slough
ABSENT: Ward

The Council meeting was opened with the Pledge of Allegiance and a
moment of silent prayer.

MINUTES: Mr. Peters moved to accept the minutes, as circulated, of the May
2, 2006, Council meeting. Mr. J. Slough seconded the motion. Motion
carried. Filed.

Mr. Rowe moved to add the following communications to the agenda:
 Safety Director’s letter regarding request to Appropriations Committee
 Appropriations Committee report – CR 236 Widening Project
 Appropriations Committee report – Tiffin Ave. /Blanchard St. Intersection
 Appropriations Committee report – CR 223 Sanitary Sewer Relocation Proj.
 Appropriations Committee report – Flood Mitigation Project
 Appropriations Committee report – New Fire Truck, logo on ladder
 Oral Appropriations Committee report
 Ordinance No. 2006-44
 Ordinance No. 2006-45
Mr. J. Slough seconded the motion. Motion carried.

Findlay High School Art teacher, Nancy Frankenfield, spoke to Council
regarding the six pieces of art work adorning the Council Chambers walls.
There will be a total of 17 pieces in the future, some to hang in the Council
Chambers, some in the hallway. This will give students, mostly freshmen,
sophomores and juniors, the opportunity to display their work. The present
pieces will be replaced sometime in the fall. Mr. Monday spoke of the display
in the hallways at Findlay High School last week. Some of them were painted
by middle school students. He thanked Ms. Frankenfield for coming to the
meeting. This is a combined effort with Ms. Bensen and Mr. McClintock.
Filed.


WRITTEN COMMUNICATIONS:

None.
ORAL COMMUNICATIONS:

Joe Cramer, 1604 Blanchard Avenue, addressed Council regarding the
closing of the alley between Amelia and Connell. He stated that the alley
leads to the rear of his property, and he needs access to his property from
that alley. He has lived there for twenty-four years. He asked that Council
look at these items and consider the hardship. Mr. Schedel, ―No access to
the rear of your property?‖ Mr. Cramer, ―I cannot park anything back there -
trailers and RV‖. Mr. Rowe stated that under current law, you cannot park in
the alley. Mr. Cramer said he does occasionally—the alley does not go
through. Mr. Collette said if the alley is vacated you can use that land. Mr.
Cramer explained you cannot get through to it without the alley. Filed.

Mike Miller, 411 S. Main Street, addressed Council regarding the passage of
the transfer of the liquor license from Main St. Wings Inc. to M & J Enterprises
of Findlay, dba Waldo Peppers. He asked that the transfer of the liquor
license be moved along. Filed.

PETITIONS:

      W. H. Conlisk, Manger, Administrative Services
      Marathon Petroleum Company
      539 South Main Street
      Findlay
Requests vacation of a section of Cherry Alley, immediately north of the
Marathon Oil Company office buildings, and the alley immediately east of the
200 East Hardin Street Building between East Sandusky Street and East
Hardin Street. Referred to the City Planning Commission and the Planning
and Zoning Committee. Filed.

REPORTS OF MUNICIPAL OFFICERS AND MUNICIPAL DEPARTMENTS:

       Jacqueline J. Schroeder, Chief Engineer
       Re: 2006 Resurfacing Program, Project No. 32860100
Bids were received on April 24, 2006, for the above referenced project. The
Shelly Company of Findlay, Ohio, has been awarded the contract. The
following streets are included in the resurfacing contract:
              Lima Avenue (Lake Cascades to Carlin Avenue)
              Plaza Drive (Fostoria Ave. to Tiffin Ave.)
              Bristol Drive (Greendale to Windsor)
              Rosewood Avenue (Greenacre to Hollybrook)
              S. West Street (Hardin to Lincoln)
The Chief Engineer requests legislation to appropriate the budgeted amount
of $495,000 from CIT-Cap. Imp. Fund to the 2006 Resurfacing Program.
Filed.


      Jacqueline J. Schroeder, Chief Engineer
       Re: CR 223 Sanitary Sewer Relocation, Project No. 356609
Legislation to appropriate design funds and authorize formal bidding for the
above-referenced project was adopted May 2, 2006. In order to avoid
disturbing new pavement constructed with the Howard Street Project and to
prepare for the opening of the new Wal-Mart, the project schedule needs to
be accelerated. Therefore, the formal bidding process will need to be waived.
Proposals will still be solicited from three qualified contractors. The estimated
project cost exceeds what is budgeted in the 2006 Capital Improvements
Plan. The increase will be discussed at the Appropriations Committee
meeting on May 16, 2006. Legislation is requested to waive the formal bid
process and appropriate the funds as follows:
              FROM: Northwest Corridor Impact Fees                $45,000.
              TO:        CR 223 Sanitary Sewer Relocation               $45,000
                         Project No. 35660900-551400
Filed.

         Jacqueline J. Schroeder, Chief Engineer
         Re: Tiffin Avenue/Blanchard Street Intersection, Project No. 328807
Bid opening for the above-referenced project was held on May 5, 2006.
Appropriation of the construction funds is needed on May 16, 2006, to
facilitate project completion in 2006. It is anticipated that the project
construction costs will exceed the amount budgeted in the 2006 Capital
Improvements Plan. The increase will mostly affect the SCM&R-Hiways Fund
and also the Water Fund. It is requested that the increase be discussed at
the May 16 Appropriations Committee meeting. Legislation to appropriate the
funds, in anticipation of the Committee’s approval, is requested.
                FROM: Capital Improvements-CIT                    $187,190
                        County Permissive License Fund            $200,000
                        SCM&R-Hiways Fund                         $172,610
                        Water Fund                                $ 35,200
                TO:     Tiffin Ave/Blanchard St. Intersection             $595,000
                        Project No. 328807

        Jacqueline J. Schroeder, Chief Engineer
        Re: Boat Launch Grant, Project No. 31956400
Legislation is requested to authorize the bidding and contracting of the work
for the above-referenced project. The City was awarded a grant by the
ODNR for constructing new courtesy docks and repairing the boat launches
at Reservoirs #1 and #2. The grant funds and the City’s 10% match were
appropriated in November 2005. Filed.

           William H. Spraw, Chief of Police
      Re: Record check for M & J Enterprises, dba Waldo Peppers
A check of the records shows no criminal record on Todd J. Garlock and
Michael Miller. A check of the records shows the following criminal record on
James W. Botimer-guilty of Aggravated Disorderly Conduct 08/11/04, Findlay
Municipal Court. This is in regards to a D1, D3, D3A, D3X liquor permit for
M & J Enterprises of Findlay Inc., dba Waldo Peppers, 411 South Main
Street. Mr. Collette inquired if the Administration had any feelings regarding
this transfer. Mayor Iriti, ―None whatsoever. The bar is incidental to the food
service‖. Mr. J. Slough moved to file no objection, seconded by Mr. Collette.
Motion carried. Nays: Monday. Filed.

Summary of Year-to-Date Information as of April 30, 2006.
Investments at April 30, 2006. Filed.

Findlay Police Department Activities Report – April 2006. Filed.

Rezoning request for Lots 10723 and 10724 from B-2 General Business to I-1
Light Industrial. A Final Plat application was filed by Heck Rentals, 101 W.
Sandusky Street, for a proposed re-plat of the Wyoming Addition. This site is
located on the southeast corner of Broad Avenue and Rockwell Avenue and
involves the combination of Lots 10723, 10724, 10729, and 10730. Lots
10723 and 10724 are zoned B-2 General Business, and Lots 10729 and
10730 are zoned I-1 Light Industrial. A site plan for an expansion of the
Kennedy Print business on this site was reviewed by Findlay City Planning
Committee on January 12, 2006. One of the conditions for approval was the
combination of these four lots. Another condition of approval by FCPC was
that Lots 10723 and 10724 be rezoned to I-1 Light Industrial. Motion by
FCPC carried on April 13, 2006, to approve the replat recommending to
Council that they initiate the rezoning for Lots 10723 and 10724 from B-2
General Business to I-1 Light Industrial. Refer to the Planning & Zoning
Committee. Filed.

Treasurer’s Report – March 2006. Filed.

Treasurer’s Report – April 2006. Filed.

Parks and Recreation Board Agenda – May 15, 2006.
Parks and Recreation Board Minutes – March 20, 2006. Filed.

City Planning Commission Minutes – April 13, 2006. Filed.

        Eileen Wilson Bensen – Safety Director
        Re: New Fire Truck Project #319570, Change Order Request
Additional funds in the amount of $1,073.00 for custom painting on the new
fire truck (Flag City USA) logo on the ladder is requested at an Appropriations
Committee meeting. The new truck is scheduled for delivery in October.
This request was added to the agenda of the May 16 Appropriations
Committee, and the report, which was added to the agenda, follows. Filed.

COMMITTEE REPORTS:

The Planning & Zoning Committee to whom was referred a request from Jeff
Johnson, 312 Rector Avenue, to vacate the north/south alley between Lot
Nos. 6295, 16313, 6294, 16314, 6295, 6294 (Howard Addition) and 16313,
16314 (Shedd & Gregg Addition). We recommend approval of the vacation.
Mr. Collette moved to accept the committee report, seconded by Mr.
J. Slough. Motion carried. Filed.

The Planning & Zoning Committee to whom was referred a request from The
University of Findlay to rezone to the University District the following
properties:
       Lot No.(s) 5797, 5799, 6074, 6075, 6077, 6078 and part of alley; 6086,
6107 and alley Ex. N 3.7’; 6108 Ex. N 4.3’; 6120 Ex. N8’, in the Howard
Addition. We recommend approval of the rezoning.
PUBLIC HEARING – JUNE 20-2006 - 7:25 PM.
Mr. J. Slough moved to accept the committee report, seconded by Mr.
Collette. Motion carried. Filed.

The Streets, Sidewalks, Streetlights & Parking Committee to whom was
referred a request from Todd & Kimberly Thiry, 209 E. Edgar Avenue, for a
sidewalk variance for 403 E. Hobart Avenue. We recommend granting the
variance until such a time as the Ad Hoc Sidewalk Committee completes the
work and submits its recommendation to Council. Mr. J. Slough moved to
accept the committee report, seconded by Mr. Peters. Motion carried. Filed.

The Appropriations Committee to whom was referred a request to discuss the
increase in cost of the Tiffin Avenue/Blanchard Street Intersection, Project
No. 328807. The following appropriation is needed:
  FROM: Capital Improvements-CIT                 $187,190
           County Permissive License Fund        $200,000
           SCM&R-Hiways Fund                     $172,610
           Water Fund                            $ 32,200
TO:      Tiffin Ave./Blanchard St. Intersection                 $595,000
          Project No. 328807
We recommend approval of the request. Mr. Rowe moved to accept the
committee report, seconded by Mr. J. Slough. Mr. Rowe added that the
biggest reason for the increase is the cost of raw materials. Motion carried.
Filed.

The Appropriations Committee to whom was referred a request to discuss the
C. R. 223 Sanitary Sewer Relocation Project. The project schedule needs to
be accelerated; therefore, the formal bidding process will need to be waived.
Legislation is needed to waive the formal bid process and appropriate the
funds as follows:
       FROM: Northwest Corridor Impact Fees           $45,000
       TO:      C. R. 223 Sanitary Sewer Relocation           $45,000
                Project No. 35660900-551400
We recommend to amend the requested Ordinance to reflect $25,000 and
approve for May 16 meeting. Mr. J. Slough moved to accept the committee
report, seconded by Mr. Peters. Motion carried. Filed.
The Appropriations Committee to whom was referred a request to discuss the
Flood Mitigation Project. Jim Staschiak stated that 46% of the properties
currently in the 500-year flood plain would be permanently removed. It works
out to $3500 per home/business. We need to be under contract by March of
2007 or start over with applying for a new Army Corps of Engineer permit and
all new fees. We recommend to pursue this project. Mr. Peters moved to
accept the committee report, seconded by Mr. J. Slough. Motion carried.
Filed.

The Appropriations Committee to whom was referred a request for an
appropriation in the amount o $1,073 for custom painting on the new fire
truck, which is scheduled for delivery in October. The special painting is for a
―Flag City USA‖ logo on the ladder.
       FROM: CIT- Capital Improvements           $1,073
        TO:     Fire Engine Pumper Replacement                $1,073
                Project No. 31957000
We recommend approval. Mr. J. Slough moved to accept the committee
report, seconded by Mr. Collette. Motion carried. Filed.

The Appropriations Committee to whom was referred a request from Mayor
Iriti for additional funding to complete the right-of-way acquisitions for C. R.
236 Widening Project. We recommend an appropriation of $157,000 with the
understanding that this will be rolled into the project funding, allowing this to
be returned to the Capital Improvements Fund. Mr. J. Slough moved to
accept the committee report, seconded by Mr. Rowe. Motion carried.

Oral Appropriations Committee Report – Mr. Rowe moved to amend
Ordinance No. 2006-44 to include an appropriation of $45,000 from the
General Fund to the Right Thing Economic Development Loan, Project
#31962300. Mr. J. Slough seconded the motion. Motion carried. Mr. Collette
moved to accept the Oral Appropriations Committee Report, seconded by Mr.
Peters. Motion carried. Filed.

LEGISLATION:

RESOLUTIONS:

RESOLUTION NO. 29-2006                    First reading                Adopted

A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF FINDLAY,
HANCOCK COUNTY, STATE OF OHIO, TO EXECUTE AN AGREEMENT
WITH FINDLAY HOPE HOUSE FOR THE HOMELESS INC. TO PROVIDE
FAIR HOUSING SERVICES FOR RESIDENTS OF THE CITY OF FINDLAY,
BEGINNING SEPTEMBER 1, 2006.

Mr. J. Slough moved to adopt the Resolution, seconded by Mr. M. Slough.
Ayes: Collette, Eier, Monday, Peters, Rowe, Schedel, J. Slough, M. Slough.
The Resolution was declared adopted and is recorded in Resolution Volume
XXVIII, Page 29-2006, and is hereby made a part of the record.

ORDINANCES:

ORDINANCE NO. 2006-32                  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. Collette.
Ayes: Eier, Monday, Peters, Rowe, Schedel, J. Slough, M. Slough, Collette.
The Ordinance was declared adopted and is recorded in Ordinance Volume
PP, Page 2006-32, and is hereby made a part of the record.

ORDINANCE NO. 2006-38                  Second reading

AN ORDINANCE VACATING A CERTAIN ALLEY IN THE CITY OF
FINDLAY, OHIO.

Second reading of the Ordinance.

ORDINANCE NO. 2006-40                  First reading             Adopted

AN ORDINANCE APPROPRIATING FUNDS AND DECLARING AN
EMERGENCY.

Mr. Collette moved to suspend the Statutory Rules and give the Ordinance
the second and third reading. Mr. J. Slough seconded the motion. Ayes:
Monday, Peters, Rowe, Schedel, J. Slough, M. Slough, Collette, Eier.
The Ordinance received the second and third reading. Mr. Eier moved to
adopt the Ordinance, seconded by Mr. Collette. Ayes: Peters, Rowe,
Schedel, J. Slough, M. Slough, Collette, Eier, Monday. The Ordinance was
declared adopted and is recorded in Ordinance Volume PP, Page 2006-40,
and is hereby made a part of the record.

ORDINANCE NO. 2006-41                  First reading

AN ORDINANCE VACATING A CERTAIN ALLEY IN THE CITY OF
FINDLAY, OHIO.

First reading of the Ordinance.

ORDINANCE NO. 2006-42                  First 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,
C-RESIDENTIAL, AND B-2 GENERAL BUSINESS TO UNIVERSITY
DISTRICT.

First reading of the Ordinance.

ORDINANCE NO. 2006-43                   First reading              Adopted

AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE
TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT OR
CONTRACTS FOR THE CONSTRUCTION OF NEW COURTESY DOCKS
AND FOR THE REPAIR OF THE BOAT LAUNCHES AT RESERVOIRS 1
AND 2, PROJECT NO. 31956400, AND DECLARING AN EMERGENCY.

Mr. Collette moved to suspend the Statutory Rules and give the Ordinance
the second and third reading. Mr. Peters seconded the motion. Ayes: Rowe,
Schedel, J. Slough, M. Slough, Collette, Eier, Monday, Peters. The Ordinance
received the second and third reading. Mr. M. Slough asked Mr. Staschiak if
they had to lower the reservoir levels to do this kind of work. Mr. Staschiak
did not believe it would be necessary. Mr. Collette moved to adopt the
Ordinance, seconded by Mr. J. Slough. Ayes: Schedel, J. Slough,
M. Slough, Collette, Eier, Monday, Peters, Rowe. The Ordinance was
declared adopted and is recorded in Ordinance Volume PP, Page 2006-43,
and is hereby made a part of the record.

ORDINANCE NO. 2006-44                   First reading              Adopted
AS AMENDED

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. Peters seconded the motion. Ayes: J. Slough,
M. Slough, Collette, Eier, Monday, Peters, Rowe, Schedel. The Ordinance
received the second and third reading. Mr. Rowe moved to amend the
Ordinance, seconded by Mr. Peters, to add an appropriation of $157,000 from
Capital Improvements-CIT to CR 236 Widening Project #32820400 and
Section 2: The City intends that this Ordinance shall constitute an ―official
intent‖ for purposes of Section 1.150-2(e) of the Treasury Regulations
prescribed under the Internal Revenue Code of 1986, as amended, and
declares its intention to use a portion of the proceeds of the Obligations to
reimburse the City for expenses of the Project advanced from its CIT Capital
Improvement Fund. Ayes: M. Slough, Collette, Eier, Monday, Peters, Rowe,
Schedel, J. Slough. Mr. Peters moved to adopt the Ordinance, as amended,
seconded by Mr. Rowe. Ayes: Collette, Eier, Monday, Peters, Rowe,
Schedel, J. Slough, M. Slough. The Ordinance was declared adopted, as
amended, and is recorded in Ordinance Volume PP, Page 2006-44, AS
AMENDED, and is hereby made a part of the record.

ORDINANCE NO. 2006-45                    First reading               Adopted
AS AMENDED

AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE
TO SECURE BID PROPOSALS FROM AT LEAST THREE (3) QUALIFIED
CONTRACTORS, THEREBY WAIVING THE FORMAL ADVERTISING AND
BIDDING REQUIREMENTS IN ACCORDANCE WITH OHIO REVISED
CODE 735.051, AND ENTERING INTO A CONTRACT WITH THE
CONTRACTOR SUBMITTING THE LOWEST AND BEST PROPOSAL FOR
THE COUNTY ROAD 223 SANITARY SEWER RELOCATION, PROJECT
NO. 35660900-551400, AND DECLARING AN EXTREME EMERGENCY.

Mr. Rowe moved to suspend the Statutory Rules and give the Ordinance the
second and third reading. Mr. Collette seconded the motion. Ayes: Eier,
Monday, Peters, Rowe, Schedel, J. Slough, M. Slough, Collette. The
Ordinance received the second and third reading. Mr. Rowe moved to amend
the Ordinance to appropriate $25,000 NOT $45,000. Mr. J. Slough seconded
the motion. Ayes: Eier, Monday, Peters, Rowe, Schedel, J. Slough,
M. Slough, Collette. Mr. Collette moved to adopt the Ordinance, as
amended, seconded by Mr. Eier. Ayes: Monday, Peters, Rowe, Schedel,
J. Slough, M. Slough, Collette, Eier. The Ordinance was declared adopted
and is recorded in Ordinance Volume PP, Page 2006-45, AS AMENDED, and
is hereby made a part of the record.

UNFINISHED BUSINESS:

Mr. Staschiak: Regarding the request for a street light at the corner of Crystal
Avenue and Harmon Street, one light will be installed west of the Black
Studies & Library Association.

Mr. Eier: The official re-naming of Dr Martin Luther King Jr Way is scheduled
for Friday, June 2 at 10:00 a.m. ―I would like to invite Council and City
Officials‖. Students from Glenwood Middle School and Nina Parker will be
attending. Mr. Eier stated that he would be out of the country during the
month of July.

Mr. J. Slough: Moved to excuse the absence of Mr. Ward. Mr. Peters
seconded the motion. Motion carried.

Mr. Schedel: AD HOC BUILDING CODE MEETING – THURSDAY, JUNE 8,
4 – 5 PM – COUNCIL CHAMBERS.

Mr. Schedel: Parking around the hospital is being used by employees. ―I
charge the Traffic Commission to come up with a solution to this problem‖.
East Wallace has a ―Temporary No Parking‖ on the south side. Other streets
are jam packed with what appears to be hospital employees.
Refer to the Traffic Commission.

Mr. Collette: Referred to the May 11, 2006, City Planning Commission
meeting and the discussion regarding the zoning of the Whitson Annexation.
Mr. Collette stated that using the term, ―highest and best use‖, is not a reason
for zoning. He also referred to 1121.01 INTERPRETATION AND PURPOSE,
(a) In construing and applying the provisions of the Zoning Code, they shall
be held to be reasonable requirements for the promotion of the public health,
safety, convenience, comfort, prosperity and general welfare. Mr. Collette
believes and should be amended to or. Mayor Iriti asked, ―highest and best
use‖ is not a criteria for zoning? ―No‖, stated Mr. Collette. Other rationale is
needed before it comes to Planning and Zoning Committee. Mr. Rowe asked
for input from the Director of Law. Mayor Iriti said CPC looked at the zoning
issue long and hard. It is adjacent to TR 94. There are residential properties
to the west, commercial to the south. The request that came to CPC was for
the north 200’ to be zoned as B Residential and the piece in between B-1 and
the piece to the south B-2. ―It is a tough decision‖, he said. CPC thought the
200’ looked more commercial than residential.

Mr. Rowe: COMMITTEE OF THE WHOLE MEETING TO GIVE INPUT TO
THE LAND USE PLAN MEETING – MONDAY, JUNE 12, 7 – 9 PM AT THE
FIRST PRESBYTERIAN CHURCH.

Mayor Iriti: May 30 at 3:00 PM is scheduled for the first John E. Seman
Award. It exemplifies what we thought the model employee was and is for the
City of Findlay. (Employee of the Year Award). Patrolman of the Year,
Command Officer of the Year, and Dispatcher of the Year will also be
recognized. The Fire Department is revamping their criteria for similar types
of awards, but they are not ready to do so at this time.

Mayor Iriti: We have no ordinance regarding pan-handling. Broad Avenue,
Tiffin Avenue, and the area around the Library are the most often used. Our
Police officers have nothing to make those folks go away. I ask that Council
look at ordinances from various cities on this issue and adopt some sort of a
pan handling regulation. Mr. Collette said he worked on one in Florida. Mr.
Rowe wants to look at Solicitor’s Licenses, especially on Main Street. People
go door to door selling junk. The Director of Law thought our ordinances
should cover this.

President Schuck adjourned Council at 8:40 PM



_______________________                  __________________________
   CLERK OF COUNCIL                         PRESIDENT OF COUNCIL

								
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