MINUTES OF REGULAR MEETING OF MIAMISBURG CITY COUNCIL

COUNCIL CHAMBER, MIAMISBURG CIVIC CENTER

                                                                                                          July 6, 2010

Pastor Rich McKinley, Miamisburg Christian Church, gave the invocation, after which everyone recited the Pledge of Allegiance.

Council met in Regular Session with the following members present: Mayor Church, Councilmembers Case, Clark, Colvin, McCabe, Nicholas, Preston and Stalder.

Motion was made by Colvin, seconded by Nicholas to accept the minutes of the Regular Session of June 15, 2010, as distributed.  Motion carried.

Mayor Church opened the Citizen Forum and asked anyone present who wished to discuss an item not appearing on the agenda to come forward.  There were no comments and the Forum was closed.

Ordinance 6189

AN ORDINANCE TO APPLY EXISTING ZONING REGULATIONS OF THE CITY OF MIAMISBURG TO PREVIOUSLY ANNEXED TERRITORY AND TO REZONE SUCH TERRITORY.

The first reading of the Ordinance was held at the Regular Session on April 20, 2010, at which time it was referred to the Planning Commission.   Mayor Church opened the Public Hearing and asked anyone who wished to speak in favor of or in opposition to the Ordinance to come forward.  There were no comments and the Hearing was closed.  Motion was made by Nicholas, seconded by Stalder to pass Ordinance No. 6189 to the second and final reading, carried by Yea Votes of Case, Clark, Colvin, McCabe, Nicolas, Preston and Stalder.  Motion was made by McCabe, seconded by Colvin to read the Ordinance the second and final time by title only.  Motion carried.  The Ordinance was read by title only.  Motion was made by Case, seconded by Clark to pass Ordinance No. 6189, carried by Yea Votes of Case, Clark, Colvin, McCabe, Nicholas, Preston and Stalder.

Ordinance No. 6190

AN ORDINANCE TO APPROVE THE BYERS ROAD ACCESS MANAGEMENT PLAN AND INCORPORATING SAME INTO THE 1993 MAJOR THOROUGHFARE PLAN AS ADOPTED BY ORDINANCE 4692 AND AS SUBSEQUENTLY AMENDED.

The first reading of the Ordinance was held at the Regular Session on April 20, 2010, at which time it was referred to the Planning Commission.   Mayor Church opened the Public Hearing and asked anyone who wished to speak in favor of or in opposition to the Ordinance to come forward.  There were no comments and the Hearing was closed.  Motion was made by Nicholas, seconded by Stalder to pass Ordinance No. 6190 to the second and final reading, carried by Yea Votes of Case, Clark, Colvin, McCabe, Nicolas, Preston and Stalder.  Motion was made by Colvin, seconded by Preston to read the Ordinance the second and final time by title only.  Motion carried.  The Ordinance was read by title only.  Motion was made by Case, seconded by Nicholas to pass Ordinance No. 6190, carried by Yea Votes of Case, Clark, Colvin, McCabe, Nicholas, Preston and Stalder.

Ordinance No. 6191

AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 1253 AUSTIN CENTER OVERLAY OF THE PLANNING AND ZONING CODE TO PROVIDE FOR FURTHER REGULATION OF SIGNS AS RECOMMENDED IN THE AUSTIN INTERCHANGE LAND USE AND DEVELOPMENT PLAN.

The first reading of the Ordinance was held at the Regular Session on April 20, 2010, at which time it was referred to the Planning Commission.   Mayor Church opened the Public Hearing and asked anyone who wished to speak in favor of or in opposition to the Ordinance to come forward.  There were no comments and the Hearing was closed.  Motion was made by Colvin, seconded by Nicholas to pass Ordinance No. 6191 to the second and final reading, carried by Yea Votes of Case, Clark, Colvin, McCabe, Nicolas, Preston and Stalder.  Motion was made by Stalder, seconded by Nicholas to read the Ordinance the second and final time by title only.  Motion carried.  The Ordinance was read by title only.  Motion was made by Colvin, seconded by Stalder to pass Ordinance No. 6191, carried by Yea Votes of Case, Clark, Colvin, McCabe, Nicholas, Preston and Stalder.

Ordinance No. 6206

AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $400,000 OF NOTES BY THE CITY OF MIAMISBURG, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS TO REFUND NOTES ORIGINALLY ISSUED TO PROVIDE FUNDS FOR REFUSE EQUIPMENT ACQUISITION AND DECLARING AN EMERGENCY.

Motion was made by Nicholas, seconded by Preston to dispense with the requirement that Ordinance No. 6206 be read on two separate days, authorize its adoption on the first reading and have it read by title only.  Motion carried.  The Ordinance was read by title only.  Motion was made by Case, seconded by Stalder to pass Ordinance No. 6206, carried by Yea Votes of Case, Clark, Colvin, McCabe, Nicholas, Preston and Stalder.

Ordinance No. 6207

AN ORDINANCE TO CERTIFY SPECIAL ASSESSMENTS FOR THE REPAIR OF CURBS, GUTTERS AND SIDEWALKS IN THE CITY OF MIAMISBURG, MONTGOMERY COUNTY, OHIO TO THE COUNTY AUDITOR OF SAID COUNTY FOR THE COLLECTION THEREOF, AND DECLARING AN EMERGENCY.

Motion was made by McCabe, seconded by Nicholas to dispense with the requirement that Ordinance No. 6207 be read on two separate days, authorize its adoption on the first reading and have it read by title only.  Motion carried.  The Ordinance was read by title only.  Motion was made by Clark, seconded by Colvin to pass Ordinance No. 6207, carried by Yea Votes of Case, Clark, Colvin, McCabe, Nicholas, Preston and Stalder.

Ordinance No. 6208

AN ORDINANCE TO CHANGE THE SPEED LIMIT FROM 50 MPH TO 45 MPH ON A SECTION SR 725 (FROM ALEXANDERSVILLE ROAD TO SR 741) AND 45 MPH TO 40 MPH ON A SECTION OF SR 741 (FROM SR 725 TO THE HOME DEPOT SIGNAL).

Motion was made by Nicholas, seconded by Stalder to read Ordinance No. 6208 the first time by title only.  Motion carried.  The Ordinance was read by title only.  Motion was made by Stalder, seconded by McCabe to pass Ordinance No. 6208 to the second and final reading, carried by Yea Votes of Case, Clark, Colvin, McCabe, Nicholas, Preston and Stalder.  The second and final reading of the Ordinance will be held at the Regular Session on July 20, 2010.

Resolution No. 2762

A RESOLUTION TO APPOINT A REPRESENTATIVE TO THE HILLGROVE UNION CEMETERY BOARD OF TRUSTEES.

 Motion was made by Stalder, seconded by Nicholas to dispense with the requirement that Resolution No. 2761 be read on two separate days, authorize its adoption on the first reading and have it read by title only.  Motion carried.  The Resolution was read by title only.  Motion was made by Case, seconded by McCabe to pass Resolution No. 2762, carried by Yea Votes of Case, Clark, Colvin, McCabe, Nicholas, Preston and Stalder.

Motion was made by Nicholas, seconded by Clark to recess to an Executive Session for discussion of collective bargaining, carried by Yea Votes of Case, Clark, Colvin, McCabe, Nicholas, Preston and Stalder.

Motion was made by McCabe, seconded by Colvin to waive the notice of the addition of a Study Session item: Trails of Miamisburg.  Motion carried.

Council recessed to an Executive Session.

Council then recessed to a Study Session for discussion of the following:

            Golf Study Update

            Miami Conservancy District River Access

            Trails of Miamisburg

There being no further business, motion was made to adjourn, carried.

Richard C. Church, Jr.                                  Judith E. Barney

Mayor                                                             Clerk of Council