AGENDA

Tipp City City Council

7:50 7:30 p.m. Monday, November 6, 2017

Tipp City Government Center

260 South Garber Drive

Tipp City, Ohio  45371-3116

1.

Call to Order - Roll Call

Mr. Kessler moved to excuse Mayor Hale.  Ms. Berbach seconded.  Motion carried.

President Gibson

2.

Prayer for Guidance, Pledge of Allegiance

Father Marc Sherlock      St. John the Baptist Catholic Church

3.

Motion to Approve the Agenda Approved 6-0

President Gibson

4.

Minutes

Minutes of the October 16, 2017 City Council Work Session

Minutes of the October 16, 2017 City Council Meeting

Minutes of October 30, 2017 Operting Budget Workshop

President Gibson moved to correct the minutes to accurately reflect the names of those agreeing to add $500 to the Downtown Tipp City funding for 2018.  The minutes state Mr. Owen, Mr. Merritt, Ms. Arblaster and Ms. Berbach requested the additional funding.  The corrected minutes should state President Gibson rather than Ms. Berbach.  Mr. Owen seconded.  Motion carried on amending the miuntes.  A vote was taken on the approval of the amendment.  Motion carried.

President Gibson

Approved 6-0

Approved 6-0

Amended Minutes approved 6-0

5.

Presentations, Proclamations, & Awards

Mayor Hale

6.

Legislation

Mr. Eggleston

Ordinances (second reading)

A.    Ordinance No: __-17: An ordinance amending Chapter 96 – Public Lands, Parks, and Recreation Section(s) 96.01, 96.02, 96.03, 96.04 and 96.21, and repealing Section 96.20 of the Codified Ordinances of the City of Tipp City. (Introduced by Ms. Arblaster)

Summary: This ordinance adds and repeals language to regulate parks and public lands for the health, safety and welfare of the public.

B.    Ordinance No: 22-17: An ordinance adding Code Section 154.01(N)            regarding property maintenance. (Introduced by Ms. Berbach).

Summary: This ordinances approves the addition of Section 154.01(N) of the Tipp City, Ohio Code of Ordinances regarding maintenance of                improvements to property.

C.    Ordinance No: 23-17: An ordinance modifying Code Section 154.06(B)(4)(g) regarding sidewalk sales. (Introduced by Ms. Berbach).

Summary: This ordinance modifies and clarifies existing language regarding sidewalk sales.

D.   Ordinance No: 24-17: An ordinance modifying Code Section 154.10(C)(3)(e) regarding disabled or junk vehicles. (Introduced by Mr. Merritt).

Summary: This ordinance modifies and clarifies existing language and aligns the section to comport with Chapter 98 – Abandoned and Junk Motor Vehicles.

E.    Ordinance No: 25-17: An ordinance modifying Code Section 154.10(C)(3)(f)(ix) regarding temporary habitation of recreation vehicles. (Introduced by Mr. Owen).

Summary: This ordinance clarifies whom a resident must register the      temporary habitation of a recreational vehicle.  This ordinance also permits a visitor to park a recreational vehicle on a public street in conformance with Chapter 76 – Parking Regulations.

F.    Ordinance No: 26-17: An ordinance approving the final plan/plat for the Fieldstone Place Subdivision, Phase 1, PT. IL 4117, +/-9.604 acres.           (Introduced by Mr. Kessler)

Summary: This ordinance approves the Final Plan/Plat, of the proposed Fieldstone Place Subdivision consisting of +/-9.604 acres, located on part of Inlot #4117, consisting of 20 lot

s

Ordinance did not pass. Vote was 3-3; Ms. Berbach,         Mr. Merritt and      Mr. Owen voted no

Passed 5-1;        Mr. Kessler voted no

Passed 6-0

Passed 6-0

Passed 6-0

Passed 5-1;        Ms. Berbach     voted no

Resolutions (one reading required)

A.    Resolution No: 35-17: A resolution adopting the 2018-2022 Capital Improvement Plan for the City of Tipp City, Ohio.

Summary: This resolution adopts the 2018-2022 Capital Improvement Plan  for the City of Tipp City as reviewed by Council at its work sessions on October 2, 2017 and October 16, 2017.

B.    Resolution No: 36-17: A resolution authorizing the City Manager of Tipp City, Ohio to enter into a contract with Tipp-Monroe Community Services, Inc. for the provision of various recreational programs for the year 2018 at a cost not to exceed $17,700.

Summary: This resolution authorizes the renewal of the Tipp-Monroe Community Services recreational programs contract at a cost not to exceed $17,700.

C.    Resolution No: 37-17: A resolution authorizing the City of Tipp City to enter into an annexation agreement for 3452 South CR25A with the Board of Trustees on Monroe Township, Miami County, Ohio.

Summary: This resolution authorizes the annexation of a +/-1.2109 acre parcel located at 3452 South CR25A into the corporate limits.

D.   Resolution No: 38-17: A resolution authorizing the City Manager to join a coalition of municipalities retaining special counsel for purposes of initiating litigation to challenge the constitutionality of amendments to Chapter 718 of the Ohio Revised Code relating to Municipal Income Tax, and declaring an emergency.

Summary: This ordinance authorizes the City Manager to join a coalition of municipalities being formed to challenge the constitutionality of amendments to Chapter 718 of the Ohio Revised Code contained in House Bill 5 and 49 and retain the law firm of Frost Brown Todd LLC as special counsel for the coalition of municipalities. 

Mr. Eggleston

Passed 6-0

Passed 6-0

Passed 6-0

Passed 5-1;        Ms. Arblaster    voted no

Ordinances (first reading)

A.    Ordinance No: __-17: An ordinance modifying Code Section 155.04(B)(3) the schedule of construction and sale of lots.

Summary:  This ordinance clarifies existing language in Code Section 155.04(B)(3) regarding the schedule of construction and sale of lots.

B.    Ordinance No: __-17: An ordinance modifying Code Section 155.04(L)(7) regarding the sodding requirement.

Summary: This ordinance clarifies existing language in Code Section 155.04(L)(7) regarding the sodding requirement.

C.    Ordinance No: __-17: An ordinance accepting certain public improvements both onsite and offsite as completed by the Developer of Cedar Grove PRD Subdivision, Section One.

Summary: This ordinance approves the public improvements excluding    certain sidewalks and the final course of asphalt for which cash surety is posted.

Mr. Eggleston

Introduced by     Mr. Kessler

Introduced by     Ms. Berbach

Introduced by     Mr. Kessler

7.

Motions

A.    A motion approving the Restoration Board’s 2018 Annual Plan.

B.    A motion authorizing the City Manager to sign the Ice Miller Commitment letter to pay an additional $1,500 toward SB311 litigation.

President Gibson

Approved 6-0

Approved 6-0

8.

Miscellaneous

Mr. Eggleston

9.

Citizen Comments on Items Not on the Agenda

President Gibson

10.

Comments of Councilmembers/City Manager

President Gibson

11.

Adjournment – Meeting adjourned 9:13 pm

President Gibson

Council welcomes the comments and input of the public during the Council meetings.  In order to provide an orderly fashion in which all interested parties have an opportunity to address Council, Council has adopted the following procedure for citizen’s comments during any portion of the Council meeting or Public Hearing.

Any citizen who wishes to address Council must first seek recognition from the President of Council.  Upon recognition by the President, the speaker should approach the podium, state their name and make their comments.  Speakers should not leave the podium to approach Councilmembers without first obtaining permission.  After completion of their comments, Council would request that the speakers return to their seat so that any other interested persons could then be recognized and address Council.

The purpose of this procedure is to afford the maximum opportunity for citizen input without any type of disruption of the Council proceedings.  While others are addressing Council from the podium, Council requests that audience members not make comments to Council or to individuals at the podium to prevent any potential confusion or disruption.