ORDINANCE NO. O ZC 12 01

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1 CITY OF CLAYTON, OHIO ============================================================== RESOLUTIONS AND ORDINANCES May 3, 2012 =============================================================== OLD BUSINESS ORDINANCES (FIRST OF TWO READINGS) ORDINANCE NO. O ZC AN ORDINANCE APPROVING THE PLANNING COMMISSION S RECOMMENDATION TO APPROVE THE APPLICATION OF ADAM J. DIETSCH FOR A CHANGE IN ZONING FROM UR-1 URBAN RESIDENTIAL TO UR-2 URBAN RESIDENTIAL FOR THE PROPERTY LOCATED AT 55 MILL STREET IN THE CITY OF CLAYTON, OHIO WHEREAS, on March 8, 2012, an application was filed by Adam J. Dietsch, owner of the property located at 55 Mill Street, Clayton, Ohio requesting a zoning change for that property from UR-1 Urban Residential to UR-2 Urban Residential; and WHEREAS, the Clayton Planning Commission held a public hearing on March 26, 2012, on said request at which time any and all persons were given an opportunity to be heard thereon, and; WHEREAS, the Clayton Planning Commission after public meeting on March 26, 2012, recommended approval of the subject zoning change request of Adam J. Dietsch as referenced herein. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 1. That the Council hereby approves the recommendation of the Clayton Planning Commission that the zoning for the property located at 55 Mill Street, Clayton, Ohio be changed from UR-1 Urban Residential to UR-2 Urban Residential. 2. That this Ordinance shall be effective as an exception to any ordinance, resolution or other legislation of the City of Clayton, Ohio, inconsistent with this Ordinance or which imposes additional requirements for effectiveness or validity. 3. That in accordance with Clayton Charter Section the requirement that this enactment be read on two (2) separate days is complied with by readings on May 3, 2012 and May 17, That in accordance with Clayton Charter Section 4.031(H) this enactment shall become effective thirty days after its second reading and enactment. ADOPTED BY COUNCIL ON MAY 17, 2012

2 ORDINANCES (SECOND OF TWO READINGS) ORDINANCE NO. O AN ORDINANCE APPROVING CURRENT REPLACEMENT PAGES TO THE CLAYTON CODIFIED ORDINANCES WHEREAS, certain provisions within the Codified Ordinances should be amended to conform with current State law as required by the Ohio Constitution; and WHEREAS, various ordinances of a general and permanent nature have been passed by Council which should be included in the Codified Ordinances; and WHEREAS, the City has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such revision which is before Council. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 1. That the ordinances of the City of Clayton, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections within the 2012 Replacement Pages to the Codified Ordinances, are hereby approved and adopted. 2. That the following sections and chapters are hereby added, amended or repealed as respectively indicated in order to comply with current State law. Traffic Code SECTION TITLE Driving or Physical Control While Under the Influence (Amended) Driver s License or Commercial Driver s License Required (Amended) Permitting Operation Without a Valid License (Amended) Wrongful Entrustment of a Motor Vehicle (Amended) Display of License. (Amended) Driving Under License Suspension or Restriction (Amended) Driving under OVI Suspension (Amended) Driving Under Financial Responsibility Law Suspension or Cancellation (Amended) Driving Without Complying With License Reinstatement Requirements (Amended) Driving Under License Forfeiture or Child Support Suspension (Added) Stopping After Accident Upon Streets (Amended) Stopping After Accident Upon Property Other Than Street (Amended) Vehicle Accident Resulting in Damage to Realty (Amended) Windshield and Windshield Wipers (Amended)

3 Parking Near Curb; Handicapped Parking (Amended) Riding Upon Seats; Handlebars; Helmets (Amended) General Offenses Code SECTION TITLE Penalties for Misdemeanors. (Amended) Inducing Panic (Amended) Making False Alarms (Amended) Cheating (Amended) Falsification (Amended) Telecommunication Harassment (Amended) Arson (Amended) Determining Property Value in Theft Offense (Amended) Detention of Shoplifters (Amended) Petty Theft (Repealed) Insurance Fraud (Amended) Unauthorized Use of Property (Amended) Passing Bad Checks (Amended) Misuse of Credit Cards (Amended) Criminal Simulation (Amended) Tampering With Records (Amended) Securing Writings by Deception (Amended) Defrauding Creditors (Amended) Receiving Stolen Property (Amended) Improperly Handling Firearms in a Motor Vehicle (Amended) 3. That the complete text of the sections listed above are set forth in full in the current replacement pages to the Codified Ordinances which are hereby attached to this ordinance as Exhibit A. Any summary publication of this ordinance shall include a complete listing of these sections. Notice of adoption of each new section by reference to its title shall constitute sufficient publication of new matter contained therein. 4. That in accordance with Clayton Charter Section the requirement that this enactment be read on two (2) separate days is complied with by readings on April 19, 2012 and May 3, That in accordance with Clayton Charter Section 4.031(H) this enactment shall become effective thirty days after its second reading and enactment.

4 ORDINANCE NO. O AN ORDINANCE AMENDING CLAYTON CODIFIED ORDINANCE SECTION AND DESIGNATING CERTAIN STREETS TO BE APPROPRIATELY MARKED IN ACCORDANCE THEREWITH WHEREAS, staff has reviewed Clayton Codified Ordinance Section entitled, Restrictions On Use Of Designated Streets and recommends amendment thereof in order to include an exemption thereto for vehicles over 10,000 pounds gross vehicle weight while engaged in necessary local legitimate business; and staff further recommends that certain streets be appropriately designated as restricted for use by vehicles over 10,000 pounds gross vehicle weight in an effort to prevent damage to City streets, and in order to better protect the health, safety and welfare of the citizens of the City of Clayton; WHEREAS, Council desires to amend Clayton Codified Ordinance Section entitled, Restrictions On Use Of Designated Streets in order to include an exemption thereto for vehicles over 10,000 pounds gross vehicle weight while engaged in necessary local legitimate business and, to appropriately designate certain streets as restricted for use by vehicles over 10,000 pounds gross vehicle weight in an effort to prevent damage to City streets, and in order to better protect the health, safety and welfare of the citizens of the City of Clayton. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 1. That Clayton Codified Ordinance Section and entitled, Restrictions On Use Of Designated Streets, is hereby amended as indicated below. Additions are in bold and deletions are in strikethrough RESTRICTIONS ON USE OF DESIGNATED STREETS (a) No person shall operate a semi-trailer, truck, trailer, commercial car or vehicle exceeding a gross weight of 10,000 pounds on such local streets within the City of Clayton as are specifically identified and designated by ordinance, resolution, or regulation and which are thereafter marked as such by appropriate traffic signs. (b) Exempted from this section shall be: (1) Public safety vehicles owned and/or operated by authorized employees of the City; (2) Vehicles used by the City of Clayton Service Department for street or highway maintenance and safety; (3) Vehicles used for collection and disposal of solid waste pursuant to specific agreement with the City; and (4) School buses; and (5) When such operation is necessary to load or unload property, to go to or from the usual place of storage of such vehicle if it is within the specifically

5 identified street(s) or to perform any other legitimate business or act other than passing through the municipality. (c) Whoever violates any provision of this section is guilty of a misdemeanor as set forth in Section (f) and shall also be liable for all damages resulting to any street, bridge, or culvert by reason of such violation. (Ord Passed ) 2. That the following streets are hereby designated as restricted streets upon which no person shall operate a semi-trailer, truck, trailer, commercial car or vehicle exceeding a gross weight of 10,000 pounds within the City of Clayton, unless specifically exempted under Section (b) of the Clayton Codified Ordinances as amended: (Additions are in bold.) Garber Rd. Main St. to Westbrook Old Salem Main St. to St. Rt. 49 Hoke Rd. National Rd. to Smith Drive (Clayton City Limit) Wenger Rd. Huls Dr. to Diamond Mill Crestway Rd. National Rd. to Westbrook Talmadge National to Salem St. Kimmel Rd. Hoke Rd. to Diamond Mill Rd. Wastler Rd. Diamond Mill Rd. to Kimmell W. Salem St. Diamond Mill Rd. to E. Salem St. 3. That this Ordinance shall be effective as an exception to any ordinance, resolution or other legislation of the City of Clayton, Ohio, inconsistent with this Ordinance or which imposes additional requirements for effectiveness or validity. 4. That in accordance with Clayton Charter Section the requirement that this enactment be read on two (2) separate days is complied with by readings on April 19, 2012 and May 3, That in accordance with Clayton Charter Section 4.031(H) this enactment shall become effective thirty days after its second reading and enactment.

6 NEW BUSINESS RESOLUTIONS (SINGLE READING AND IMMEDIATE ENACTMENT) RESOLUTION NO. R A RESOLUTION AUTHORIZING THE CITY MANAGER TO RESCIND AGREEMENT WITH THE REGIONAL INCOME TAX AGENCY ( RITA ) TO ADMINISTER AND ENFORCE CLAYTON S INCOME TAX ORDINANCE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF VANDALIA TO ADMINSTER AND ENFORCE CLAYTON S INCOME TAX ORDINANCE WHEREAS, Charter Section 8.02 provides that the City Manager shall be the contracting officer of the City and shall award and execute all contracts on behalf of the City; and WHEREAS, on May 6, 2003, a majority of the electors of the City of Clayton voted in favor of Ordinance No. O , levying a one and one half percent (1.5%) Municipal Income Tax for the City of Clayton; and WHEREAS, Ordinance No. O provides that the City Manager may designate and contract with an Administrator to administer and enforce the provisions of the municipal income tax; and WHEREAS, via passage of Resolution No Council authorized the City Manager to enter into a contract with the Regional Income Tax Agency ( RITA ) in order for RITA to administer and enforce the provisions of Clayton s Income Tax Ordinance No. O , and via passage of Resolution No. R , Council adopted income tax rules and regulations; and WHEREAS, City staff has recommended the above referenced contract with RITA be rescinded and further recommends that the City of Clayton engage the City of Vandalia to administer and enforce Clayton s Income Tax Ordinance No. O ; and WHEREAS, via passage of Resolution No. R , Council agreed that, in the event that RITA s ACS Department was not able to resolve an outstanding income tax balance with a taxpayer or the taxpayer defaults on an agreed payment plan, the City of Clayton may accept the account for collection by the City of Clayton s Law Department; and WHEREAS, in the event the City of Vandalia is unable to resolve an outstanding income tax balance with a taxpayer or the taxpayer defaults on an agreed payment plan, the City of Clayton may accept the account for collection by the City of Clayton s Law Department. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 1. That the City Manager is authorized to rescind the prior agreement with RITA which authorized RITA to administer and enforce the City of Clayton s Income Tax Ordinance No. O

7 2. That the City Manager is authorized to enter into an agreement with the City of Vandalia authorizing the City of Vandalia to administer and enforce the City of Clayton s Income Tax Ordinance No. O That in the event the City of Vandalia is unable to resolve an outstanding income tax balance with a taxpayer or the taxpayer defaults on an agreed payment plan, the City of Clayton may accept the account for collection by the City of Clayton s Law Department. RESOLUTION NO. R A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO PAY FRONTIER NORTH, INC. A REFUND OF $22, REPRESENTING AN OVERPAYMENT OF MUNICIPAL INCOME TAX COLLECTED BY THE STATE OF OHIO WHEREAS, the State of Ohio Department of Taxation collects municipal income tax from utility companies and remits same to the City; and WHEREAS, the State of Ohio Department of Taxation has notified the City Finance Director that Frontier North, Inc. overpaid municipal income tax in the amount of $22, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 1. That the City Finance Director is hereby authorized to make payment to Frontier North, Inc. in the total amount of $22, as a refund of an overpayment of municipal income tax collected by the State of Ohio and previously remitted to the City of Clayton by the State of Ohio. 2. The City Finance Director shall take all necessary steps to accurately reflect this refund payment on the books and records of the City.

8 RESOLUTION NO. R A RESOLUTION PROVIDING FOR SUBMISSION OF THE QUESTION OF AMEMDMENT OF ARTICLE XI, SECTION (B)(9), OF THE CITY OF CLAYTON CHARTER TO THE VOTERS OF THE CITY OF CLAYTON AT THE NOVEMBER 6, 2012 GENERAL ELECTION WHEREAS, the City of Clayton relies heavily on the utilization of part-time personnel in both the Fire and Police Departments to supplement staffing levels and enhance community services; and WHEREAS, part-time employees of the City value the ability to schedule hours of work with the City throughout the year in order to minimize the need for additional outside employment and still remain classified as part-time personnel, and the ability of the City to provide these hours to parttime personnel is an asset to the City; and WHEREAS, the current language of Article XI, Section (B)(9) of the City of Clayton Charter limits the number of hours worked for part-time personnel to less than 35 hours per week which equates to less than 1,820 hours per year; and the number of hours scheduled for full-time fire personnel on 24 hour shifts is 2,920 hours per year and full-time police officers are scheduled at 2,145 hours per year; and WHEREAS, the Director of Public Safety has suggested that raising the maximum allowable hours worked for part-time personnel would be of benefit to part-time personnel and the City and suggests that an amendment to the language of Article XI, entitled, Personnel Administration And Merit System, Section (B)(9) be presented to the voters of the City of Clayton at the November 6, 2012 General Election as follows (Additions are in bold. Deletions are in strikethrough.): ARTICLE XI PERSONNEL ADMINISTRATION AND MERIT SYSTEM Merit System (A) All appointments and promotions in the classified service of the City shall be solely on the basis of merit and fitness, demonstrated, wherever practical, by open written competitive examinations and/or other evidence of competence with respect to the duties of the position. (B) The following officers and positions shall be in the unclassified service of the City and shall not be subject to Division (A) of this Section pertaining to the Merit System: (9) Unskilled, provisional or temporary employees, or part-time employees working less than thirty-five hours a week hours than full-time personnel in the same job position; and NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF

9 1. That the following amendment to Article XI, Section (B)(9) of the City of Clayton, Ohio Charter is hereby approved for submission to the voters of the City of Clayton at the November 6, 2012 General Election: ===================================================================== Merit System (A) All appointments and promotions in the classified service of the City shall be solely on the basis of merit and fitness, demonstrated, wherever practical, by open written competitive examinations and/or other evidence of competence with respect to the duties of the position. (B) The following officers and positions shall be in the unclassified service of the City and shall not be subject to Division (A) of this Section pertaining to the Merit System: (9) Unskilled, provisional or temporary employees, or part-time employees working less than thirty-five hours a week hours than full-time personnel in the same job position; and ===================================================================== 2. That the Clerk of Council is hereby authorized and directed to forward a certified copy of this Ordinance to the Montgomery County Board of Elections for placement on the ballot at the November 6, 2012 General Election. RESOLUTION NO. R A RESOLUTION APPROVING A ONE-TIME GRANT OF TWO (2) ADDITIONAL WEEKS OF VACATION TO THE CITY MANAGER WHEREAS, Council desires to acknowledge the contribution of the City Manager by approving a one-time grant of two (2) additional weeks of vacation; and WHEREAS, since the grant is a voluntary one-time action by Council that does not require formal amendment to the City Manager s employment agreement, and it addresses benefits rather than pay range schedules, approval by Resolution rather than Ordinance is sufficient. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 1. That Council hereby approves the one-time grant of two (2) additional weeks of vacation during 2012 to the City Manager in addition to such vacation as is provided for under the City Manager s current employment agreement.