FRANKLIN CITY COUNCIL MAY 03, 2004

FRANKLIN CITY COUNCIL MAY 3, 2004 The Franklin City Council met in regular session on Monday May 3, 2004 at the Franklin City Building. The meeting was called to order at 7:00 P.M. by Vice Mayor Dennis Centers. Roll Call : Mr. Jason Faulkner present Mr. Dennis Centers present Mr. Todd Hall present Mr. Greg Sample absent Mr. Bob Knipper present Mr. Scott Lipps present Mr. Carl Bray present There were approximately eighteen to twenty visitors present, and three members of the press. Also present, Mr. Jim Lukas, City Manager, Mr. Ed Schwaberow, Assistant City Manager, Chief Bob Rockwood, Franklin Police Department, Mr. Jonathan Westendorf, Fire Chief, Mr. Sonny Lewis, Public Works Director, Ms. Sandy Morgan, Finance Director, Mr. Steve Runge, Law Director, Jennifer Flinchum, Acting City Clerk. INVOCATION OR PLEDGE The pledge of allegiance was led by Chief Bob Rockwood of the Franklin Police Department. MINUTES OF APRIL 19, 2004 MEETING AND APRIL 28, 2004 SPECIAL MEETING. Motion to approve the minutes of the April 19, 2004 and April 28, 2004 special meeting made by Mr. Bray, seconded by Mr. Hall. The vote: Mr. Centers yes Mr. Hall yes Mr. Sample absent Mr. Knipper yes Mr. Lipps abstain Mr. Bray yes Mr. Faulkner yes RECEPTION OF VISITORS Mr. Brad Hillard of Main Street was present and advised Council of a continuing drainage problem, he further stated there is also a problem with weed and tree overgrowth. Mr. Hillard stated when the ditch area was cleaned out, it was not cleaned out deep enough there was still standing water, it was his opinion it would be better to just fill it in. The City Manager will get with Sonny Lewis, Public Works Director on the problem. Presentation to Council : Mr. Jim Schaeper, Fred Gossman and Mr. Jack Willard of CDS Associates, Mr. Joe Kennedy and Tylor Rhoads of Miller Valentine presented to the City thank you gifts to the City to show their appreciation. Miller Valentine Company and CDS Associates partnered with the City during the construction of the Administration Building Improvements, Fire Department, Police Department and Public Works facilities. Presented were renderings of all buildings. Vice Mayor Centers thanked all for the show of their appreciation. NEW BUSINESS: The agenda was taken out of order. E. RESOLUTION 2004-36 ACCEPTING THE FINAL PLAT TWIN LAKES PUD SECTION FOUR (FRED GOSSMAN) Mr. Gossman advised this PUD was approved in 1997, this would complete the 157 lot subdivision. Mr. Gossman also said that the site plan has received Planning Commission approval. Mr. Gossman continued to advise that the interconnect water main between lots 83 & 84 the easement has been obtained also the issue of the main between lots 113 & 114 the water main has been extended. He advised the four conditions for approval have been met and bonds are in place. He recommended approval. Motion to approve made by Mr. Lipps, seconded by Mr. Faulkner. The vote: Mr. Hall yes Mr. Sample yes Mr. Knipper yes Mr. Lipps yes Mr. Bray yes Mr. Faulkner yes Mr. Centers yes Motion passed. B. EMERGENCY ORDINANCE 2004-13 AMENDING CHAPTER 510 OF THE CODIFIED ORDINANCE, NOISE CONTROL, TO ALLOW FOR AN EXEMPTION IN THE GENERAL BUSINESS DISTRICT (C-2) (JIM LUKAS) Mr. Lukas advised in 1997 Council created a noise ordinance, which placed a time frame on noise from a fixed source having a quiet time from 10:00 P.M. to 6:00 A.M.. Mr. Lukas advised he received a request from Strike Zone to amend the Ordinance on Friday and Saturday nights to 12:00 A.M. in order to accommodate their live entertainment. Mr. Lukas advised of the reason for the emergency ordinance simply being a timing issue. Mr. Charlie Samman owner Strike Zone was present at the meeting. Chief Rockwood advised as far as he is aware of only one complaint regarding noise at the Strike Zone. Discussion began regarding the noise ordinance's 75 feet or more audible requirement. Mr. Lipps stated he is a small business advocate, Strike Zone has been totally converted and he supported them in their efforts. Mr. Samman advised Council he is very pleased with his business in Franklin, he has received tremendous support in the City, he then thanked Council for their support. Motion to approve made by Mr. Knipper, seconded by Mr. Lipps. The vote: Mr. Sample absent Mr. Knipper yes Mr. Lipps yes Mr. Bray yes Mr. Faulkner yes Mr. Centers yes Mr. Hall yes Motion passed. A. PUBLIC HEARING ORDINANCE 2004-12 AUTHORIZING THE PURCHASE OF GOODS OR SERVICES BY A REVERSE AUCTION PROCESS (JIM LUKAS) Vice Mayor Centers opened the public hearing. Mr. Lukas, City Manager advised two meetings ago Council heard a presentation from the Ecuity Company a reverse auction company, in order to implement that type of system Ohio Law requires you have a set of rules established, the Ordinance establishes those rules. With no further discussion Vice Mayor Centers closed the public hearing. Motion to approve made by Mr. Bray, seconded by Mr. Faulkner. The vote: Mr. Knipper yes Mr. Lipps yes Mr. Bray yes Mr. Faulkner yes Mr. Centers yes Mr. Hall yes Mr. Sample yes Motion passed. C. RESOLUTION 2004-34 RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SELL EXCESS AND UNNEEDED PROPERTY (JONATHAN WESTENDORF) Chief Westendorf of the Franklin Fire Department advised this would allow for the sale of the old fire truck. Chief Westendorf stated there are two or three basic types of customers when you sell older fire trucks, collectors of antiques and people whom would purchase the fire truck for parts or for flushing streets. He further stated they intend to list on Gov Deals.com, he advised there is a 7 1/2% handling fee and they have the right to reject bids. Vice Mayor Centers asked if other fire departments have been contacted to see if they had any interest in the vehicle. Chief Westendorf advised it does have some limited value, it would have to be sold for a dollar if it is sold to another department. Mr. Knipper suggested targeting universities in their advertising. Motion to approve Mr. Lipps, seconded by Mr. Knipper. The vote: Mr. Lipps yes Mr. Bray yes Mr. Faulkner yes Mr. Centers yes Mr. Hall yes Mr. Sample absent Mr. Knipper yes Motion passed. D. RESOLUTION 2004-35 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION AND THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE WARREN COUNTY BOARD OF COMMISSIONERS FOR FY 04 COMMUNITY DEVELOPMENT BLOCK GRANT FORMULA ALLOCATION FUNDS. (DON WOODS) Mr. Woods advised this is the first step of the annual process, the past several years the City has allowed the Warren County Grants Administrator to administer the CDBG funds for the City of Franklin. Mr. Woods stated the County administers the project, the City chooses the project, the City has in previous years directed the projects to the West Mackinaw area improving curbs & gutters and storm water drainage improvements, that is still the intent. The plan is supposed to be provided to the County by May 4th, the grants administrator has given the City a one month extension to get the project ready to go before them. Mr. Woods advised this will come back before Council when it is decided what the project will be. Motion to adopt made by Mr. Hall, seconded by Mr. Bray. The vote: Mr. Bray yes Mr. Faulkner yes Mr. Centers yes Mr. Hall yes Mr. Sample absent Mr. Knipper yes Mr. Lipps yes Motion passed. 6. INTRODUCTION OF NEW LEGISLATION A. ORDINANCE 2004-14 AMENDING CHAPTER 510 OF THE CODIFIED ORDINANCE, NOISE CONTROL, TO ALLOW FOR AN EXEMPTION IN THE GENERAL BUSINESS DISTRICT (C-2) Mr. Knipper introduced the Ordinance. Vice Mayor Centers then asked for Council to join him in giving Mr. Ed Schwaberow, Assistant City Manager a City of Franklin "good neighbor" award. Mr. Lipps stated the Franklin Chronicle carried an article that stated "teachers honor three for volunteering" three people were selected for doing outstanding deeds in our community, Mr. Lipps wanted to thank Mr. Schwaberow for his works and deeds. 7. CITY MANAGER'S REPORT Mr. Lukas, City Manager advised the City of Franklin received news, the were the recipient of a $10,000 grant from the Middletown Community Foundation for the mural project. Mr. Lukas advised the property owners are paying $6,000 for the murals, Middletown Community Foundation $10,000 and the City picking up $20, 750. 8. COUNCIL COMMENTS Mr. Faulkner asked civil service member Mrs. Lorna Ball if they still needed a place to give the civil service tests, Mrs. Ball advised they were looking at the Methodist Church community room, Chief Westendorf advised they can test at the fire station if they so choose. Mr. Hall asked Chief Rockwood to give Ptl. Hatfield his congratulations for being chosen as Officer of the year. Mr. Hall continued there seems to be a lot of noise near his street 11:00 to 12:00 at night. Mr. Bray asked Chief Rockwood to update Council on the April traffic blitz. Mr. Lipps thanked Miller Valentine for their efforts during the construction process, he thanked the volunteers and board members for their efforts. Mr. Knipper thanked those in attendance at the Council meeting for attending. Vice Mayor Centers stated Franklin resident Jimmy Saunders has returned from Iraq, he stated the Iraqi people appreciate what is being done for them there. With no further business, motion to adjourn meeting at 7:50 p.m. by Mr. Bray, seconded by Mr. Hall. The vote: Mr. Faulkner yes Mr. Centers yes Mr. Hall yes Mr. Sample absent Mr. Knipper yes Mr. Lipps yes Mr. Bray yes Mayor Acting City Clerk

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