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City Council

Regular Meeting

Zanesville, OH · May 8, 2023

Agenda

Agenda

City Council Meeting Agenda of Business May 8, 2023 The Lord's Prayer Pledge of Allegiance to the Flag A. Roll Call 8. Approval of Meeting Minutes Dated April 24, 2023 C. Communications, Reports, and Resolutions None D. Proposed Ordinances 1. Ordinance No. 2023-44 - Introduced by Council - An Ordinance authorizing the Public Service Director to accept the lowest and best bid, even though it came in above the city's initial estimates, for the installation of truck service bodies, and declaring an emergency. (Emergency or First Reading) 2. Ordinance No. 2023-45 - Introduced by Council - An Ordinance authorizing the Public Safety Director to enter into a contract to purchase new door locks, safety equipment, and a new intercom system for the City Jail, and declaring an emergency. (Emergency or First Reading) 3. Ordinance No. 2023-46 - Introduced by Council - An Ordinance authorizing the implementation of Building Division and Code Enforcement Division fees for the City Of Zanesville and declaring an emergency. (Emergency or First Reading) 4. Ordinance No. 2023-47 - Introduced by Council - An Ordinance amending Chapters 1320.01 and 1321 .09, the addition of Chapters 1320.02 and 1321 .15, and repealing Chapters 1321 .03 and 1321.08 and declaring an emergency. (Emergency or First Reading) 5. Ordinance No. 2023-48 - Introduced by Council - An Ordinance consenting to an Expedited Type Two Annexation Petition and declaring an emergency. (Emergency or First Reading) 6. Ordinance No. 2023-49 - Introduced by Council - An Ordinance designating the municipal services to be provided to and the zoning classification of annexed property and declaring an emergency. (Emergency or First Reading) E. Ordinances for Action 1. Ordinance No. 2023-33 - Introduced by Council - An Ordinance authorizing the Public Service Director to apply for an OPWC (Ohio Public Works Commission) grant and zero interest loan and execute contracts in connection with the Round 38 State Issue 1 Program, if approved. (Third Reading) 2. Ordinance No. 2023-38 - Introduced by Council - An Ordinance authorizing the proper city official to provide funds to Transitions, Inc., for support of operational expenses to provide shelter and programs for victims and families of domestic violence in our community. (Third Reading) 3. Ordinance No. 2023-43- Introduced by Council - An Ordinance authorizing the adoption of the Muskingum County 2023 Hazard Mitigation Plan. (Second Reading) F. Traffic Orders No Traffic Orders were filed for this meeting. G. Miscellaneous and Unfinished Business H. Private Petitions and Communications No Non-agenda item petitions were filed. The next regular meeting is scheduled for May 22, 2023. This meeting is open to the public who may attend in person or attend by phone or Internet using the information below. Phone 1-844-621-3956 US Toll Free or 1-415-655-0001 US Toll Use Access Code: 126 750 8098 # Online with WebEx- Enter zanesvillecity.webex.com in web browser. Enter Meeting Information- 126 750 8098 ZANESVILLE CITY COUNCIL MEETING MONDAY, APRIL 24, 2023 ZANESVILLE CITY COUNCIL MEETING-MONDAY, APRIL 24, 2023 The Zanesville City Council met in regular session at 7:00 p.m. on Monday, April 24, 2023, in the City Council Chambers, 401 Market Street, Zanesville, Ohio. Mr. Vincent: Good evening, everyone. I'd like to call Zanesville City Council meeting to order for April 24, 2023. Please stand and join me for the Lord's Prayer, followed by Pledge of Allegiance to the Flag. Mr. Vincent led those present in the Lord's Prayer and the Pledge of Allegiance to the Flag. Mr. Vincent: May I have roll call, please? The following members of Council answered roll call: Mr. Pettit, Mrs. Osborn, Mr. Roberts, Mr. Ballmer, Mr. Baker, Mr. Wolfe, Mr. Ware, Miss Bradshaw, and Mr. Vincent. Mr. Foreman was absent. Mr. Vincent: I need a motion to excuse Mr. Foreman. Mr. Pettit made a motion to excuse Mr. Foreman. It was seconded by Miss Bradshaw. Mr. Vincent: Is there any discussion? All in favor of excusing Mr. Foreman, signify by saying aye. Those opposed nay. A voice vote was taken with all being in favor, except Mr. Roberts. Mr. Vincent: So, noted that Mr. Roberts votes nay. With that, Mr. Foreman cannot be here in person tonight, but he is joining us (online). He will not be able to vote, but he will be here to listen in and know what's going on. APPROVAL OF MINUTES Mr. Vincent: We now move on to Approval of the Minutes from April 10, 2023. What is Council's pleasure? Mr. Roberts moved to approve the minutes of April 10, 2023 as written. It was seconded by Mr. Pettit. Mr. Vincent: Is there any discussion? Hearing none, all in favor of approval of the minutes signify by saying aye. Those opposed nay. A voice vote was taken with all being in favor. None were opposed . Mr. Foreman was absent. Mr. Vincent: Motion carries. Minutes stand approved. Page 1 of 10 ZANESVILLE CITY COUNCIL MEETING MONDAY, APRIL 24, 2023 COMMUNICATIONS, REPORTS, AND RESOLUTIONS Communication from Matt Abbott of the Zanesville-Muskingum County Port Authority - Mr. Abbott is submitting the recommendations of the Tax Incentive Review Council to continue all of the existing Enterprise Zone agreements. Mr. Vincent: Motion to receive? Miss Bradshaw moved to receive. It was seconded by Mr. Pettit. Mr. Vincent: Moved by Miss Bradshaw and seconded by Mr. Pettit to receive this communication. Is there any discussion? All in favor of receiving signify by saying aye. Those opposed nay. A voice vote was taken with all being in favor. None were opposed . Mr. Foreman was absent. Mr. Vincent: Motion carries. It is received . Resolution No. 2023-40 - Introduced by Council - A Resolution declaring the City of Zanesville's support for the 2023 Zane's Trace Commemoration. Mr. Vincent: We are at first reading . Miss Bradshaw moved for first reading . Seconded by Mr. Pettit. Mr. Vincent: Is there any discussion? Mr. Pettit: Is there any need to move this along? Is there anything time sensitive in it? Mr. Vincent: I've got June 16. It wouldn't hurt. Mr. Pettit moved to waive the readings. It was seconded by Mr. Baker. Mr. Vincent: Is there any discussion of waiving? Hearing none, we will have roll call vote for waiving of the readings. Roll call vote for waiving of the readings. 8Ayes o Nays 1 Absent (Mr. Foreman) Mr. Vincent: Motion to waive carries. Now I need a motion for passage. Miss Bradshaw moved for passage. It was seconded by Mr. Pettit. Page 2 of 10 ZANESVILLE CITY COUNCIL MEETING MONDAY, APRIL 24, 2023 Mr. Vincent: Is there any discussion? Hearing none, we will have roll call vote for passage. Roll call vote for passage. 8Ayes O Nays 1 Absent (Mr. Foreman) Mr. Vincent: Motion carries. Resolution is passed . PROPOSED ORDINANCES Ordinance No. 2023-41 - Introduced by Council -An Ordinance authorizing additional city funds for the S.R. 60 Highway Improvements Project and declaring an emergency. Mr. Roberts: Mr. President, I'm sorry. Mr. Vincent: Mr. Roberts. Mr. Roberts: We passed that as an emergency. Did we actually pass the ordinance? Mr. Pettit: We just waived the readings. We didn't pass as an emergency, correct? Mr. Vincent: Oh, the last one? Mr. Roberts: Yes. Mr. Vincent: No, it was not an emergency. Mr. Pettit: Because it will kick in 30 days from now, which would be before. Mr. Vincent: So, it would be 30 days. A concern calendar-wise? Mr. Roberts: I thought Cody moved to waive? Mr. Pettit: Yes, I moved to waive, but I didn't move to pass as an emergency. It's different, right? Mr. Vincent: Yes, there's no emergency language in this. Mr. Roberts: Okay. So, we roll called on the waiving, but we did not roll call on the .. . Mr. Pettit: No, we did roll call on passage. Mr. Roberts: Okay. I apologize. Page 3 of 10 ZANESVILLE CITY COUNCIL MEETING MONDAY, APRIL 24 2023 1 Mr. Vincent: That's okay. I'm glad you're checking. Okay, so we're at 2023-41 . With that, motion to waive to get this passed? Mr. Pettit moved to waive readings. It was seconded by Miss Bradshaw. Mr. Vincent: Is there any discussion of waiving? This was requested so we can get this in place to get paving underway. It's August, correct? (To Scott Brown). Scott Brown: Yes. Mr. Vincent: Okay. Let's have roll call vote for waiving of the readings. Roll call vote for waiving of the readings. 8Ayes 0 Nays 1 Absent (Mr. Foreman) Mr. Vincent: Motion to waive carries. Now I need a motion for passage. Miss Bradshaw moved for passage. It was seconded by Mr. Pettit. Mr. Vincent: Is there further discussion? Mr. Wolfe: Mr. President? Mr. Vincent: Mr. Wolfe. Mr. Wolfe: Just curious. How does it increase by $240,000? Mr. Vincent: Mr. Brown? Scott Brown: Yes, I'd be more than happy to try and explain it. So, this project was estimated by ODOT. ODOT did all of the bidding. When the final bids came in, forgive me I don't have ODOT's estimate memorized , but the winning bid was $5.2 million and change to do 6 miles of roads. That was over their estimate by, I think, 14%. So, we are responsible for a total of 20% of all the paving that takes place inside the City of Zanesville that is a state route. So, 20% of $5.2 million is a little over a million dollars. Where does the money come from? Every year the State of Ohio gives the city $400,000 to maintain those state routes. We're allowed to borrow from future years, so we were able to spend this year's allotment of $400,000, borrow next year's allotment of $400,000, which still left us about 200 and something thousand short. And that is why we needed this extra money to cover that missing delta because the bids came in at $5.2 million. Of the $240,000, about half of that was for asphalt. The other half was for the upgrades to all of the traffic signals along Maple Avenue that will give them ... I apologize, and I wish Craig Stemm was here. He could give you a detailed explanation Page 4 of 10 ZANESVILLE CITY COUNCIL MEETING MONDAY, APRIL 24, 2023 of why spending that money to upgrade those traffic signals is in our best interest, but I assure you that the amount of money that we're going to spend, about $120,000, will be well worth it to make all those traffic signals significantly better. They'll be able to be remotely controlled just like the ones that were put on Main Street in downtown, so that they can detect when there is (vehicle) stacking, and they can change themselves so that the pattern of traffic there will flow better than it currently does. Mr. Vincent: Okay, thank you Mr. Brown. Does that answer your question, Mr. Wolfe? Mr. Wolfe: Yes, and thank you. Mr. Vincent: Anything else from Council? So that will help the flow traffic on Maple and we are going to get it freshly paved. We didn't add anything later on, this is all as the plan has been? Scott Brown: That's correct. Mr. Vincent: Anything else from Council? Okay, let's have roll call vote for passage. Roll call vote for passage. 8Ayes 0 Nays 1 Absent (Mr. Foreman) Mr. Vincent: Motion carries. Ordinance is passed. Ordinance No. 2023-42 - Introduced by Council - An Ordinance authorizing the City Auditor to pay an invoice that did not receive authorization before services were performed. Mr. Vincent: We're at first reading , but we usually like to get these paid . Mr. Roberts moved to waive the readings. It was seconded by Mrs. Osborn. Mr. Vincent: Is there any discussion of waiving? Hearing none we will have roll call vote for waiving of the readings. Roll call vote for waiving of the readings. 8Ayes 0 Nays 1 Absent (Mr. Foreman) Mr. Vincent: Motion to waive carries. Now I need a motion for passage. Miss Bradshaw moved for passage. It was seconded by Mr. Pettit. Page 5 of 10 ZANESVILLE CITY COUNCIL MEETING MONDAY, APRIL 24, 2023 Mr. Vincent: Is there any discussion? We'll have roll call vote for passage. Roll call vote for passage. 8Ayes 0 Nays 1 Absent (Mr. Foreman) Mr. Vincent: Motion carries. Ordinance is passed. Ordinance No. 2023-43 - Introduced by Council - An Ordinance authorizing the adoption of the Muskingum County 2023 Hazard Mitigation Plan. Mr. Vincent: We're at first reading. Mr. Pettit moved for first reading. It was seconded by Miss Bradshaw. Mr. Vincent: Is there any discussion? With that, the attachment to this is a 300-page document and should have been emailed to everyone. I hope you 've received that. It's also available online on the COZ website under Government, then Council, then Agendas for anyone in the public that wants to see that. There's also a hardcopy available in the Clerk's Office, and it can be emailed out. It has been emailed out to a lot of people that typically request the council packets. So, just to let you know that that information is out there. We didn't want to print 300 pages for everyone. Anything from Council? We're at first reading , so all in favor of first reading signify by saying aye. Those opposed nay. A voice vote was taken with all being in favor. None were opposed. Mr. Foreman was absent. Mr. Vincent: Motion carries and will return to our next meeting for second reading. ORDINANCES FOR ACTION Ordinance No. 2023-33 - Introduced by Council - An Ordinance authorizing the Public Service Director to apply for an OPWC (Ohio Public Works Commission) grant and zero interest loan and execute contracts in connection with the Round 38 State Issue 1 Program, if approved. Mr. Vincent: We're at second reading. Mr. Pettit moved for second reading . It was seconded by Miss Bradshaw. Mr. Vincent: Is there any discussion? Hearing none, all in favor of second reading signify by saying aye. Those opposed nay. Page 6 of 10 ZANESVILLE CITY COUNCIL MEETING MONDAY, APRIL 24, 2023 A voice vote was taken with all being in favor. None were opposed . Mr. Foreman was absent. Mr. Vincent: Motion carries and returns to our next meeting for third and final reading. Ordinance No. 2023-36 - Introduced by Council - An Ordinance authorizing the Public Service Director to enter into a Cooperative Agreement for the planning of the Wastewater Treatment Plant Upgrade Project between the City of Zanesville and the Ohio Water Development Authority. Mr. Vincent: We are at second reading , but Mr. Brown did request that we waive this to move this along. Miss Bradshaw moved to waive the readings. It was seconded by Mr. Pettit. Mr. Vincent: . Is there any discussion? Mr. Brown, can you just add in a little bit as far as why waiving is important? Scott Brown: Yes, this project is ready to go. We have all of the contracts executed. We discussed it at the last committee meeting. OWDA will not allow you to execute the loan agreements until all of the rest of the paperwork is in place, which is why this final step is here; even though I'm sure Council feels like this has been going on forever because we started back in October with this whole process. So, this is the last piece. The sooner that we can get this legislation passed, the sooner we can execute the contracts and get going. Mr. Vincent: Okay, thank you sir. Any other questions? Let's have roll call vote for waiving of the readings. Roll call vote for waiving of the readings . 8Ayes O Nays 1 Absent (Mr. Foreman) Mr. Vincent: Motion to waive carries. Now I need a motion for passage. Mr. Pettit moved for passage. It was seconded by Miss Bradshaw. Mr. Vincent: Is there any discussion? Hearing none, we will have roll call vote for passage. Roll call vote for passage. 8Ayes 0 Nays 1 Absent (Mr. Foreman) Page 7 of 10 ZANESVILLE CITY COUNCIL MEETING MONDAY, APRIL 24, 2023 Mr. Vincent: Motion carries. Ordinance is passed. Ordinance No. 2023-38 - Introduced by Council - An Ordinance authorizing the proper city official to provide funds to Transitions, Inc., for support of operational expenses to provide shelter and programs for victims and families of domestic violence in our community. Mr. Vincent: We're at second reading. Mr. Roberts moved for second reading. It was seconded by Mrs. Osborn . Mr. Vincent: Is there any discussion? Mr. Roberts: Mr. President? Mr. Vincent: Mr. Roberts. Mr. Roberts: This legislation was discussed both last week and just previously tonight. I believe the Law Director will be providing us with an alternate version of it at next Council meeting that we can amend then as third reading as well there will be a piece of legislation coming forward from Ways and Means regarding charitable donations and how they are to be dealt with in the future. Mr. Vincent: Okay, thank you, an excellent meeting. Thank you , Mr. Roberts and everyone that had input on that. I know you'll be looking for the minutes on that then too to hear additional information on that discussion. A lot of thought was put into this, so there is more information to come. We're at second reading. All in favor of second reading signify by saying aye. Those opposed nay. A voice vote was taken with all being in favor. None were opposed . Mr. Foreman was absent. Mr. Vincent: Motion carries and returns to our next meeting. TRAFFIC ORDERS No traffic orders were filed for this meeting. Mr. Vincent: We now move on to Traffic Orders, which we have none. MISCELLANEOUS AND UNFINISHED BUSINESS Mr. Vincent: So, we'll move to Miscellaneous and Unfinished Business and turn to the Mayor first. What good news do you have for us, sir? Mayor Mason: Just want to remind everybody that on Friday, the Rotary Club is having their Rotarama, which is a combination raffle and concert. The proceeds support the Page 8 of 10 ZANESVILLE CITY COUNCIL MEETING MONDAY, APRIL 24, 2023 programs that provide, for example, food to students between the end of the schoolyear and the beginning of the lunch cycle on the summer lunch cycle. So, it's very important that the Rotary has those proceeds. Also, at the Secrest Auditorium, and it's actually utilized every weekend, we have ice skating coming up the following week. It's not really ice, but let's hope it doesn't get that cold, but it's the simulated ice. And then on May 19th , we have the Motown Revue at the Secrest. I really hope that everybody can attend that for many reasons, one of which, the more we show our solid audiences at the Secrest Auditorium and Music Hall, the more other promoters will continue to use our facilities. This is by an outside promoter who selected us for the show. Mr. Vincent: Thank you, sir. Anything else from the administration? Scott Brown: Real quick, as a joint effort between Public Service and Community Development over the past four weeks, Matt's office wrote a pretty nice grant to acquire and plant some trees. Our Parks Division did the same. So, in the past four weeks, we've planted over 100 trees in our parks and in our right-of-ways. And then also Rotary planted 10 trees in Confluence Park over the weekend. Mr. Vincent: Very nice. Thank you. One other thing, Mayor, as far as Secrest this week, the Carr Center Cake Auction is going on there this week, Wednesday and Thursday, the 26th and 27th . It's open to people if you want to stop in and the night before for viewing cakes and come down while the bidding is going on and you can actually attend again. COVID's over. Back to the way things were before. Anything else from administration? Law Director, anything for you sir? David Tarbert: No, thank you. PRIVATE PETITIONS AND COMMUNICATIONS Mr. Roberts moved to adjourn. It was seconded by Mrs. Osborn. Mr. Vincent: All in favor of adjournment signify by saying aye. Those opposed nay. A voice vote was taken with all being in favor of adjournment. None were opposed. Mr. Foreman was absent. Mr. Vincent: Motion carries. We stand adjourned. Thank you everyone and have a good night. The meeting ended about 7:17 p.m. Page 9 of 10 ZANESVILLE CITY COUNCIL MEETING MONDAY, APRIL 24, 2023 Billie Corns Daniel M. Vincent Clerk of Council President of Zanesville City Council Page 10 of 10 Public Service Committee Andrew Roberts, Chair ORDINANCE NO. 2023 - 44 INTRODUCED BY COUNCIL AN ORDINANCE AUTHORIZING THE PUBLIC SERVICE DIRECTOR TO ACCEPT THE LOWEST AND BEST BID, EVEN IBOUGH IT CAME IN ABOVE THE CITY'S INITIAL ESTIMATES, FOR THE INSTALLATION OF TRUCK SERVICE BODIES, AND DECLARING AN EMERGENCY WHEREAS, through Ordinance 2021-36, City Council authorized the City to continue to participate in Various Cooperative Purchasing Programs for equipment purchases within the FY 2023 City Budget; and WHEREAS, the City staff examined the current condition of its trucks and determined that many existing trucks have reached their useful life expectancy and must be replaced; and WHEREAS, the City staff determined the necessary specifications for each truck body as set forth on Ordinance 2023-21; and WHEREAS, in Ordinance 2023-21 Council authorized the Public Service Director to advertise for bids and enter into a contract with the lowest and best bidder for the installation of bodies for the Water, Street, Airport, and Sewer Divisions; and WHEREAS, Ace Truck Equipment provided the only bid received, and was, therefore, the lowest and best bid; however, four of five bids were over the estimates set forth in Ordinance 2023-21 and require additional Council approval; and WHEREAS, because of the delay in the bidding process, the condition of the City's fleet has continued to deteriorate, and it is now necessary to expedite these transactions to repair and maintain city services crucial to the health, peace, and welfare of our citizens. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Zanesville, State of Ohio, that: SECTION 1: The Public Service Director is hereby authorized to enter into a contract with the lowest and best bidder, Ace Truck Equipment, for the installation of the bodies to trucks as specified in Ordinance 2023-21. SECTION 2: The previously estimated cost for the two Reading Service bodies for the Water Division was $160,000, but the lowest and best bid came in at $180,654.00, and Council hereby authorizes payment of $180,654.00 to Ace Truck Equipment, and this amount will be paid from City Line Item: 202- 6541-54448. SECTION 3: The previously estimated cost for the dump body for the Street Division was $80,000.00, but the lowest and best bid came in at $91,102.00, and Council hereby authorizes payment of $91,102.00 to Ace Truck Equipment, and this amount will be paid from City Line Item and will be paid using City Line Item: 610-5455-54448. ORDINANCE NO. 2023 - 44 SECTION 4: The estimated cost for the dump body for the Airport Division was $70,000.00, but the lowest and best bid came in at $77,278.00, and Council hereby authorizes payment of $77,278.00 to Ace Truck Equipment, and this amount will be paid from City Line Item and will be paid using City Line Item: 601 -6411-54449. SECTION 5: The estimated cost for the dump body for the Sewer Division was $70,000.00, and the lowest and best bid came in at $48,092.00, so no action is presently needed on this truck body. This Section is included in this Ordinance for organizational purposes so as to remain consistent with the format of Ordinance 2023-21 . SECTION 6: For the reasons stated herein, this Ordinance is declared to be an emergency measure. Provided it receives the affirmative vote of SEVEN or more members of City Council, this Ordinance shall take effect and be in force immediately upon its passage and approval of the Mayor. PASSED: ----------~2023 ATTEST: Billie Corns, Daniel M. Vincent, Clerk of Council President of Council APPROVED: - - - - - -- - --~2023 This legislation approved as to form: Donald Mason, Law Director's Office Mayor Ways and Means Committee ORDINANCE NO. 2023-45 INTRODUCED BY COUNCIL AN ORDINANCE AUTHORIZING THE PUBLIC SAFETY DIRECTOR TO ENTER INTO A CONTRACT TO PURCHASE NEW DOOR LOCKS, SAFETY EQUIPMENT, AND A NEW INTERCOM SYSTEM FOR THE CITY JAIL, AND DECLARING AN EMERGENCY WHEREAS, much of the safety, communication, and locking systems at the City Jail are original to the Jail and were installed when the Jail was first established; and WHEREAS, many of these systems are obsolete and/or not functioning properly and need to be replaced; and WHEREAS, it is essential to the operation of the City Jail that 44 Doors, 2 Overhead Garage Doors, 19 Ultrasonic Duress, 5 External Intercom Systems, 68 Interior Intercom Stations, 3 Master Stations, 2 - 360-degree motion detectors, 3 touchscreen stations, 1 data logger, and 2 Elevator interferences be replaced or installed at the Jail ; and WHEREAS, it has been estimated that the cost of this new system to replace all of the items listed above is $183,500.00. Because this cost is at the state purchase price, there is no need for a competitive bid; and the items are being purchased from Stanley Convergent Security Solutions, Inc.; and WHEREAS, because these systems are used to house prisoners and involve the safety and welfare of our Corrections Officers, other inmates, and society at large, it is imperative to install these systems as quickly as possible. NOW, THEREFORE BE /TORDA/NED by the Council of the City of Zanesville, State of Ohio, that: SECTION ONE: The Public Safety Director is hereby authorized to enter into a contract with Stanley Convergent Security Solutions, Inc., at state purchase price, for the purchase, replacement, and/or installation of 44 Doors, 2 Overhead Garage Doors, 19 Ultrasonic Duress, 5 External Intercom Systems, 68 Interior Intercom Stations, 3 Master Stations, 2 - 360-degree motion detectors, 3 touchscreen stations, I data logger, and 2 Elevator interferences in the amount of $183,500.00. SECTION TWO: The total cost of the hardware replacement is $183,500.00, and will be taken from line item, 250-1191-54415 - Building Renovations - Jail Operations. SECTION THREE: For the reasons stated herein, this Ordinance is declared to be an emergency measure. Provided it receives the affirmative vote of SEVEN or more members of City Council, this Ordinance shall take effect and be in force immediately upon its passage and approval of the Mayor. ORDINANCE NO. 2023-45 PASSED_ _ _ _ _ _ _ __ , 2023 ATTEST: - - -- - - - - - - - -- 8 ill ie Corns Daniel M. Vincent Clerk of Council President of Council APPROVED: _ _ __ _ _ _ _ _.,2023 This legislation approved as to form: Donald L. Mason Law Director's Office Matthew Schley Community Development Director Ordinance No. 2023-46 Introduced By Council AN ORDINANCE AUTHORIZING THE IMPLEMENTATION OF BUILDING DMSION AND CODE ENFORCEMENT DMSION FEES FOR THE CITY OF ZANESVILLE AND DECLARING AN EMERGENCY WHEREAS, the Building Division and Code Enforcement Division collects fees for various applications and property maintenance violations; and WHEREAS, the existing fee structure does not account for all work conducted by the divisions; and WHEREAS, the Division has developed a new fee schedule in accordance with an evaluation of the current structure, which is now ready for review and implementation, and is attached as "Exhibit A"; and WHEREAS, Failure to implement an amended fee schedule would result in the loss of the Division to adequately provide services to the general public in a timely and an efficient manner. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Zanesville, State of Ohio, that: SECTION ONE: The Building Division and Code Enforcement Division is hereby authorized to implement and utilize the new fee schedule as presented in "Exhibit A". SECTION TWO: This Council hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121 .22 of the Revised Code. SECTION THREE: For the reasons stated herein, this Ordinance is declared to be an emergency measure. Provided it receives the affirmative vote of six (6) or more members of City Council, this Ordinance shall take effect and be in force from and after the earliest period allowed by law. PASSED: _ _ _ _ _ _ _ _ _ _ _,2023 ATTEST: Billie Corns, Daniel M. Vincent, Clerk of Council President of Council APPROVED: This legislation approved as to form: - - - - -- - - - - ~ 2023 Donald Mason, Law Director's Office Mayor Attachment for Ordinance 2023-46 Exhibit A FEE SCHEDULE FOR BUILDING DIVISION AND CODE ENFORCEMENT DIVISION (a) Fees for Building Construction or Alterations of commercial projects covered under the Ohio Building Code shall be determined by the adopted fee policy of the Building Department currently under contract for such projects. The fees shall not exceed those allowed by the current adopted Ohio Building Code. (b) Fees for specialty items such as fences, retaining walls, kitchen hoods and suppression systems, fire alarms, pressure piping, signs, roof replacements, emergency generators, tents, temporary structures and towers are mandated by the adopted fee policy of the Building Department currently under contract for Commercial OBC projects. (c) Fees for Building Construction or Alterations of residentia l projects covered under the Residential Code of Ohio shall be as follows: (1) For New Construction which shall include all newly constructed one, two and three family dwellings, room additions including attached garages to one, two and three family dwellings. The fee shall include Structural, Electrical, and HVAC plan approvals and permit. The fee shall be two hundred fifty dollars ($250.00) per structure plus fifteen dollars ($15.00) per 100 square feet. (2) For OBC Industrialized Units including foundation, the fee shall be two hundred dollars ($200.00) per structure plus five dollars ($5.00) per 100 square feet. (3) For Detached Garages greater than 200 square feet but less than 600 square feet the fee shall be one hundred seventy-five dollars ($175.00) plus fifteen ($15.00) per hundred square feet for any portion of square footage over 600 square feet. (4) For Decks, Porches, or Yard Structures: Plan approval and permit required if one or more listed conditions apply: Attached to the primary structure and/or serves as part of the primary means of egress; is greater than 200 square feet or has a floor height greater than thirty inches above finish grade. The Fee shall be one hundred fifty dollars ($150.00). (5) For Alterations including roofing, siding, structural repairs and/or changes, electric, or mechanical (Mechanical shall include all interior/ exterior heating or air co nditioning appliances, interior or exterior wood burning appliances, gas piping and any associated hydronic piping) the plan approval and permit fee shall be seventy-five dollars ($75.00) per each individual category of alteration. Structural repairs, deemed minor by the Building Official, associated with a roofing or siding plan approval and permit may be exempted from additional fees. (6) For pre-engineered and site assembled carports, for pre-assembled portable storage units or yard structures all greater than 200 square feet the fee shall be one hundred dollars ($100.00). (7) For Electrical Service Reconnect Inspection the fee shall be thirty-five dollars ($35.00). (8) For Retaining Walls greater t han four feet from the bottom of the footing, or Fences greater than six feet in height, the fee sha ll be seventy-five dollars ($75.00). Attachment for Ordinance 2023-46 Exhibit A (d) All fees are subject to an additional three percent (3%) assessment on commercial projects and one percent (1%) on residential projects mandated and collected on behalf of the Ohio Board of Building Standards. (e) The fee for each special inspection other than where plan examination is or will be required, shall be one hundred dollars ($100.00) per inspection. Requests for special inspections shall be in writing to the appropriate Building Department and the fee shall be paid prior to the inspection. (f) The fee for mowing/maintaining grass on non-compliant properties shall be two hundred and fifty dollars ($250.00) in addition to labor which shall e calculated at thirty-five dollars ($35.00) per City Employee per hour required to mow/maintain non-compliant property. This fee shall be charged for each occurance. (g) The fee for removal of trash and debris on non-compliant properties shall be five hundred dollars ($500.00) in addition to labor which shall be calculated at thirty-five dollars ($35.00) per City Employee per hour required to remove the debris. This fee shall be charged for each occurrence. Matthew Schley, Community Development Director ORDINANCE NO. 2023-47 INTRODUCED BY COUNCIL AN ORDINANCE AMENDING CHAPTERS 1320.01 AND 1321.09, THE ADDITION OF CHAPTERS 1320.02 AND 1321.15, AND REPEALING CHAPTERS 1321.03 AND 1321.08 AND DECLARING AN EMERGENCY WHEREAS, through a comprehensive review of the City of Zanesville's Codified Ordinances, The Community Development Department has identified a need to update Chapters 1320 and 1321; and WHEREAS, the amendments are designed to provide quality of life and organizational benefits to aid in the administration of the code; and WHEREAS, failure to adopt these amendments in a timely fashion would result in organizational deficiencies that would be detrimental to the general well-being of the C ity of Zanesville. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Zanesville, State of Ohio; that SECTION ONE: Chapter 1320.01 of the City of Zanesvi lle Codified Ordinances currently reads: 1320.01 ESTABLISHED; AUTHORITY. The Bui lding and Code Enforcement Division of the Department of Public Safety is hereby established. The Department shall have full authority to enforce all laws, statutes and regulations as provided and authorized in the Ohio Revised Code and the Ohio Administrative Code pursuant to the certification approved by the Ohio Board of Building Standards. SECTION TWO: Chapter 1320.01 of the City of Zanesville Codified Ordinances shall be amended to read as follows: 1320.01 ESTABLISHED; AUTHORITY. The Bui lding Division of the Department of Public Safety is hereby established. The Community Development Director shall serve as the head of this sub-department. The Department shall have fu ll authority to enforce all laws, statutes, and regulations as provided and authorized in the Ohio Revised Code and the Ohio Administrative Code pursuant to the certification approved by the Ohio Board of Building Standards. SECTION THREE: Chapter 1320.02 shall be added to the Codified Ordinances and shall read as fol lows: 1320.02 ESTABLISHED; AUTHORITY CODE ENFORCEMENT/WEED AND LITTER DIVISION The Code Enforcement/Weed and Litter Division of the Department of Community Development is hereby established. The Community Development Director shall serve as the head of this Division. The Division shall have the authority to enforce the ICC International Property Maintenance Code as adopted in C hapter 1305 as well as all local codified ordinances des ignated in Chapter 13 of the Zanesville Codified Ordinances. The Division shall have the authority to enforce the C ity of Zanesvil le's Planning and Zoning Code under the direction and supervision of the Community Development Director. The Division shall have the authority to assess, fine, and enforce all applicable standards as set forth within this Chapter. SECTION FOUR: Chapter 1321.03 of the City of Zanesville Codified Ordinances shall be repealed in its entirety. ORDfNANCE NO. 2023-47 SECTION FIVE: Chapter 1321 .08 of the C ity of Zanesville Codified Ordinances shall be repealed in its entirety. SECTION SIX: Chapter 1321.09 of the City of Zanesville Codified Ordinances currently reads: 1321.09 ACCESSORY STRUCTURES EXEMPT. Portable prebuilt or pre-engineered accessory structures of less than 200 square feet shall be exempt from the structural fee and shall require Zon ing approval only. All accessory structures 200 square feet and greater or any that are field designed and constructed shall have Zoning and Plan approval and shall be subject to the appropriate structural fee for accessory structures only if they exceed 200 square feet. SECTION SEVEN: Chapter 132 1.09 of the City of Zanesville Codified Ordinances shall be amended to read as follows: 1321.09 ACCESSORY STRUCTURES EXEMPT. Accessory structures of less than 200 square feet shall be exempt from the structural fee and sha ll require Zoning and Stormwater approval o nly. Decks and porches not exceeding 200 square feet in area, that are mo re tha n thirty inches above grade at any point, and/or are attached to a dwell ing and/or serve a required means of egress are not exempt from the provisions of this section. SECTION EIGHT: Chapter 1321 .15 sha ll be added to the C ity of Zanesville Codified Ordinances and sha ll read as follows: 1321.15 SPECIAL INSPECTIONS. Requested inspections, other than where plan examination is or w ill be required, shall be considered a Special Inspection. If, in the opinion of the Building Official, a request for inspection for a specific project exceeds what is considered normally acceptable, the Official may deem the request as a Special Inspection. All requests for Special Inspections shall be submitted, in writing, to the Community Development Director for authorization. The Community Development Director or designee shall determine if the requested inspectio n constitutes a Special Inspection based on documentat ion provided by the Bui lding Offic ial. Upon determination of a Special Inspection, the Building Divis io n will notify the requesting party and institute the fee schedule as adopted by C ity Council. SECTION NINE: lt is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of Council and that a ll deliberations of the Council and any of the decision-maki ng bodies ofthe C ity of Zanesville which resulted in such formal actions were in meetings open to the public in compliance with all legal requirements of the State of Ohio. SECTION TEN: For the reasons stated herein, this Ordinance is declared to be an emergency measure. Provided it receives the affirmative vote of six (6) or more members of C ity Council, this Ordinance shall take effect and be in force fro m and after the earliest period allowed by law. ORDINANCE NO. 2023-47 PASSED: _ _ _ _ _ _ _ _ _ _ _, 2023 ATTEST: Billie Corns, Daniel M. Vincent, Clerk of Council President of Council APPROVED: _ _ _ _ _ _ _ _ _ _ _,2023 This legislation approved as to form: Donald Mason, Law Director's Office Mayor Mark Baker, Chair Community Development Committee ORDINANCE NO. 2023-48 INTRODUCED BY COUNCIL AN ORDINANCE CONSENTING TO AN EXPEDITED TYPE TWO ANNEXATION PETITION AND DECLARING AN EMERGENCY WHEREAS, An expedited type two annexation petition has been filed with the Clerk of the Muskingum County Commissioners on April 271h, 2023 to annex approximately 5.6 acres encompassing Muskingum County Parcel Numbers 17-79-01-01-000 and 17-79-01-01 -00 1 from Falls Township to the City of Zanesville; and WHEREAS, The agent of the Muskingum County Commissioners delivered the annexation petition to the City of Zanesville on April 27th, 2023 (Exhibit A); and WHEREAS, The Ohio Revised Code Section 709.023 (C) requires within twenty-five (25) days after the petition is filed, the legislative authority shall adopt an ordinance stating consent or objection to the annexation; and WHEREAS, Failure to pass this Ordinance in a timely manner would result in the City being out of compliance with the rules and regulations set forth in the Ohio Revised Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Zanesville, State of Ohio; that: SECTION ONE: The City of Zanesville, Ohio consents to the expedited type two annexation petition as attached in Exhibit A. SECTION TWO: Due to the filing requirements of Section 709.023 (C) of the Ohio Revised Code, this Ordinance must be filed with the Muskingum County Board of Commissioners no later than May 22nd, 2023. SECTION THREE: For the reasons stated herein, this Ordinance is declared to be an emergency measure. Provided it receives the affirmative vote of six (6) or more members of City Council, this Ordinance shall take effect and be in force from and after the earliest period allowed by law. PASSED: - - - - - -- - - - -, 2023 ATTEST: Billie Corns, Daniel M. Vincent, Clerk of Council President of Council APPROVED: _ _ _ _ _ _ _ _ _ _ _,2023 This legislation approved as to form: Donald Mason, Law Director's Office Mayor Cindy S. Cameron c~cameron@ muskingumcounty.org Melissa J. Bell m ibel l@muskingumcounty.org. Mollie S. Crooks • Susan Reese COMMISSIONERS mscrooks@ muskingumcounty.org Clerk 40 I Mam Street. Z:111.:svillc. Ohio 4'.\701 -'.\519 740-455-7100 · fax 740-455-3785 RES 23-047 1 The following action was taken by the Board of Muskingum County Commissioners at its meeting today, April 27. 2023: A RESOLUTION TO ENTER PETITION FOR EXPEDITED TYPE 2 ANNEXATION ONTO THE JOURNAL OF THE BOARD OF MUSKINGUM COUNTY COMMISSIONERS UNDER OHIO REVISED CODE SECTION 709.023 TO ANNEX REAL ESTATE TO THE CITY OF ZANESVILLE, OHIO OWNED BY BOARD OF EDUCATION OF THE ZANESVILLE CITY SCHOOL DlSTRICT AND THE MUSKINGUM VALLEY PARK DISTRICT-FALLS TOWNSHIP, MUSKINGUM COUNTY, OHlO It was moved by Comm issioner Crooks, seconded by Commissioner Bell, that this Board of County Commissioners, Muskingum County, Ohio adopts the following resolution: BE IT RESOLVED, that this Board of County Commissioners of Muskingum County. Ohio does hereby enter petition onto the Journal of the Board of Muskingum County Commissioners for Expedited Type 2 Annexation Petition under the Ohio Revised Code Section 709 .023 to annex real estate to the City of Zanesville, Ohio owned by Board of Education of the Zanesville City School District and the Muskingum Valley Park District stated as the sole owners of the 5.612 acre parcel described in the Annexation Description as Exhibit A and Plat as Exhibit 8 . The agent appointed for this annexation request is Derrick Moorehead, Moorehead Law Office, LLC., as required under Ohio Revised Code Section 709.02. (see attached) Roll call: Cameron, aye; Bell, aye; Crooks, aye. Motion carried. ~ JJ J3 Sr cc: Andy Robe,is, GI S Copied on Derrick Moorehead, Moorehead Law Offices: 740-452-9960 Copied by: Matt Schley, Commuruty Development; matthew.schley@coz.org llf11ski11g11111 County is an equal opport1111ity pro1,fder mu/ employer. Attachment for Ordinance 2023-48 Exhibit A EXPEDITED TYPE 2 ANNEXATION PETITION UNDER ORC 709.023 TO ANNEX REAL ESTATE TO THE CITY OF ZANESVILLE, OHIO TO: BOARD OF COUNTY COMMISSIONERS OF MUSKINGUM COUNTY, OHIO: The undersigned, Board of Education of the Zanesville City School District (the "School District") and the Muskingum Valley Park District (the "Park District" and, together with the School District, the "Districts"), hereby request to file a petition for annexation to the City of Zanesville, Ohio. The petition is an Expedited Type 2 Annexation as provided under Section 709.023 of the Ohio Revised Code (the "ORC"). The Districts are the sole owners of the 5.612 acre parcel described in the annexation description as Exhibit "A" and plat as Exhibit "B 11 (the "Territory"), showing the boundaries of the Territory sought to be annexed to the City of Zanesville, Ohio. DESIGNATION OF AGENT As required by Section 709.02(C) of the ORC, Derrick Moorehead, Moorehead Law Offices, LLC, 58 N. Fifth Street, Zanesville, Ohio 43701, is hereby appointed agent for the Districts, with full power and authority hereby granted to said agent to amend, alter, change, correct, withdraw, re-file, substitute, compromise, increase or delete the area, to do any and all things essential thereto, and take any action necessary for obtaining the granting of this petition. Any amendment, alteration, change correction, withdrawals, re-filing, substitution, compromise, increase or deletion, or other things or action for the granting of this petition shall be made in the petition, description and/or by said agent without further expressed consent of the Districts. SIGNATURES OF REAL ESTATE OWNERS The Board of Education of the Zanesville City School District and the Muskingum Valley Park District are the sole owners of the territory described herein. As such, the following individuals sign in their representative capacities as officers of the School District and the Park District, respectively, and sign this Petition as such officers for and in the name of and on behalf of such Districts for all matters contemplated by this Petition. This document may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same document. Attachment for Ordinance 2023-48 Exhibit A WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT OF MANDAMAS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE. As to Parcel No. 17-79-01-01-000 Deed Book 876, Page 193 BOARD OF EDUCATION OF THE ZANESVILLE CITY SCHOOL DISTRICT, OHIO JhU&T_i/ I lf , 2023 Valencia Clark Date of Signature President, Board of Education Zanesville City School District 956 Moxahala Ave. Zanesville, Ohio 43701 /J1,+ Rt.H I lf 2023 Mike Young -------~ Date of Signature Treasurer, Board of Education Zanesville City School District 956 Moxahala Ave. Zanesville, Ohio 4370 I Attachment for Ordinance 2023-48 Exhibit A WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT OF MANDAMAS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE. As to Parcel No. 17-79-01-01 -001 Official Record 2710, Page 105 & Official Record 2714, Page 476 MUSKINGUM VALLEY PARK DISTRICT -~ _/'1_14_'1G__.Cf/__,__l_-1/,_ ' _ , 2023 Ty Kendrick, President Date of Signature Muskingum Valley Park District 1720 Euclid Ave. Zanesville, Ohio 43701 ~ . t:xecutive Directo: _._&.<_......,...,._t."'--'--....;;.\-=.4_ _ , 2023 Muskingum Valley Park District Date of Signature 1720 Euclid Ave. Zanesville, Ohio 43701 Attachment for Ordinance 2023-48 Exhibit A EXHIBIT A ANNEXATION DESCRIPTION Situated in the State of Ohio, County of Muskingum, Township of Falls, and containing 5.612 acres of land, more or less, and being part of Lots 1 and 2 of Edmund J. Brush Subdivision, as shown for record in Plat Book 1, Page 203 & Plat Book 1, Page 208 (all references used in this description refer to the records of the Recorder's Office, Muskingum County, Ohio), and being all of that Tract II (less exception) conveyed to the Zanesville Board of Education, ofrecord in Deed Book 876, Page 193, also being all of thatl .660 acre tract of land conveyed to the Muskingum Valley Park District, of record in Official Record 2710, Page 105 & Official Record 2714, Page 476, said 5.612 acre tract being more particularly described as follows: Beginning at an axle found at an angle point in the northerly line of said Lot 1, also being the northerly line of said Zanesville Board of Education Tract II, also being in the southerly line of Walnut Street, vacated by Ordinance No. 83-78, as described in Deed Book 895, Page 307, also being in a southerly line of the existing City of Zanesville Corporation Line; Thence with the northerly line of said Lot 1, also with the northerly line of said Zanesville Board of Education Tract II, also with the southerly line of said vacated Walnut Street, also with a southerly line of the existing City of Zanesville Corporation Line, South 84°15'57" East, a distance of 298.07 feet to the northeasterly corner of said Lot I, also being the northeasterly corner of said Zanesville Board of Education Tract II; Thence with the easterly line of said Lot 1, and continuing with the easterly line of said Lot 2, also with the easterly line of said Zanesville Board of Education Tract II, and continuing with the easterly line of said 1.660 acre Muskingum Valley Park District tract, also with an easterly line of the existing City of Zanesville Corporation Line, the following two courses: 1) South 2°26'20" East, a distance of 458.68 feet to a point; 2) South 6°20'17" East, passing over an axle found at 149.91 feet, a total distance of 155.30 feet to an axle found at the southeasterly corner of said Lot 2, also being the northeasterly corner of Lot 3 of said Edmund J. Brush Subdivision, also being the southeasterly corner of said 1.660 acre Muskingum Valley Park District tract; Thence with the northerly line of said Lot 3, also with the southerly line of said Lot 2, also with the southerly line of said 1.660 acre Muskingum Valley Park District tract, South 63°48'36" West, a distance of 241.00 feet to the southeasterly corner of that 1.981 acre tract of land conveyed to Beitzel Family Limited Partnership, of record in Official Record 1125, Page 796; Thence with easterly and northerly lines of said Beitzel Family Limited Partnership 1.981 acre tract, the following two courses: 1) North 19°48'3 l" West, a distance of I 86.92 feet to a point; Attachment for Ordinance 2023-48 Exhibit A 2) South 63°18'03" West, passing over a 5/8 inch rebar found at 450.49 feet, a total distance of 483.03 feet to a point in the centerline of Newark Road (State Route 146); Thence with the centerline of said Newark Road, North 32°54'01" West, a distance of 20.12 feet to the southwesterly comer of that 1.47 acre tract ofland conveyed to Alfred Nickles Bakery, Inc., of record in Official Record 2281, Page 359; Thence with the southerly line of said 1.47 acre Alfred Nickles Bakery tract, North 63 ° 18'03" East, passing over a 3/4 inch iron pipe found at 455.40 feet, a total distance of 487.62 feet to a point in the westerly line of said 1.660 acre Muskingum Valley Park District tract; Thence with westerly lines of said 1.660 acre Muskingum Valley Park District tract, the following three courses: 1) North 21 °21'40" West, a distance of 127 .69 feet to a point; 2) North 29°08'46" West, a distance of 190.35 feet to a point; 3) North I 0°00'43" West, a distance of 211.66 feet to a point in the northerly line of said Lot 1, also being in the southerly line of said vacated Walnut Street, also being in a southerly line of the existing City of Zanesville Corporation Line; Thence with a southerly line of the existing City of Zanesville Corporation line, also with the northerly line of said Lot 1, also with the southerly line of said vacated Walnut Street; also with the northerly line of said 1.660 acre Muskingum Valley Park Distract tract, and continuing with the northerly line of said Zanesville Board of Education Tract 11, North 64°58'00" East, passing over a 5/8 inch re bar found at 22.10 feet, a total distance of 142.60 feet to the point of beginning, and containing 5.612 acres ofland, more or less. Subject to all restrictions, easements, and rights of way of previous record or otherwise legally established. Basis of Bearings: The easterly Right of Way line of Blue Avenue was assigned a bearing of North 5°30'00" East as shown for record in Plat Book 7, Page 26, Recorder's Office, Muskingum County, Ohio. All iron pipes set are 3/4 inch inside diameter by 30 inches in length with a yellow plastic cap marked "Sands Decker". Attachment for Ordinance 2023-48 Exhibit A EXHIBITB ....,,... ___ ,, ,u,_..._ ..... --·----, h II j" T ..... ~~7!:.l'E...ZC; ......_._...,. .... ... 1-';,fttoCIC ~...:,..._.-......... _ ~ \,, :1.--=----·--- , .., ~ t- :--..:.- ,,,.Mill~ ', !E-2.:;sf-~- \ ==-~:?e: \\ IJ., ___ ;::-,:-~ ..._ -o,- •,:C-=j:.==·=- ·~!:":"'.=.=-=:-- ~S;·~~ ~-=-"'!ii't.:~~ \, I]) :::r::.....,,_ - c=-=:r.t::::Ul illl;//.-S:::~:.:::-:r L ,r.,:si;;-~ .. -..---~ ......-- --.......... 0 • ...,.. ........ ~ ----- -- Mark Baker, Chair Community Development Committee ORDINANCE NO. 2023 – 49 INTRODUCED BY COUNCIL AN ORDINANCE DESIGNATING THE MUNICIPAL SERVICES TO BE PROVIDED TO AND THE ZONING CLASSIFICATION OF ANNEXED PROPERTY AND DECLARING AN EMERGENCY WHEREAS, An expedited type two annexation petition has been filed with the Clerk of the Muskingum County Commissioners on April 27th, 2023 to annex approximately 5.6 acres encompassing Muskingum County Parcel Numbers 17-79-01-01-000 and 17-79-01-01-001 from Falls Township to the City of Zanesville; and WHEREAS, the agent of the Muskingum County Commissioners delivered the annexation petition to the City of Zanesville on April 27th, 2023; and WHEREAS, the Ohio Revised Code Section 709.023 (C) requires within twenty (20) days after the petition is filed, the legislative authority shall adopt an ordinance stating what municipal services the municipal corporation will provide to the territory proposed for annexation; and WHEREAS, Section One of this ordinance outlines the municipal services that shall be provided to the proposed territory if annexed; and WHEREAS, The Ohio Revised Code Section 709.023 (C) requires a statement that the existing zoning of the property under the Falls Township Zoning Resolution shall be compatible with the Municipal Zoning Standards or adequate screening and buffering as defined by Section 709.023 (C) is included in the development plan; and WHEREAS, Failure to pass this Ordinance as an emergency would result in the City being out of compliance with the rules and regulations set forth in the Ohio Revised Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Zanesville, State of Ohio; that: SECTION ONE: Municipal services to be provided to the subject properties shall include but are not limited to the following: water service, sanitary sewer service, storm sewer services, Zanesville City Police, and Zanesville City Fire Department services. Additionally, comprehensive planning and zoning services shall be provided under Part Eleven of the City of Zanesville Codified Ordinances. SECTION TWO: Per Chapter 1125.04 of the City of Zanesville Codified Ordinances, the subject properties as referenced shall retain the zoning classification granted under the Falls Township Zoning Resolution once annexed. Within thirty (30) days of execution of an annexation agreement, the City of Zanesville shall grant a zoning classification to the property by the City of Zanesville Comprehensive Plan. The subject property shall be subject to regulations set forth in Chapter 1151 of the City of Zanesville Codified Ordinances to ensure proper buffering is maintained between the City of Zanesville and Falls Township. SECTION THREE: The City of Zanesville Clerk of Council shall file this Ordinance with the Board of County Commissioners within twenty (20) days following the date that the petition was filed. ORDINANCE NO. 2023 – 49 SECTION FOUR: Due to the filing requirements of Section 709.023 (C) of the Ohio Revised Code, this Ordinance must be filed with the Muskingum County Board of Commissioners no later than May17th, 2023. SECTION FIVE: For the reasons stated herein, this Ordinance is declared to be an emergency measure. Provided it receives the affirmative vote of six (6) or more members of City Council, this Ordinance shall take effect and be in force from and after the earliest period allowed by law. PASSED: _________________________, 2023 ATTEST: ________________________________ ________________________________ Billie Corns, Daniel M. Vincent, Clerk of Council President of Council APPROVED: _________________________, 2023 This legislation approved as to form: ________________________________ ________________________________ Donald Mason, Law Director’s Office Mayor Public Service Committee Andrew Roberts, Chair ORDINANCE NO. 2023 - 33 INTRODUCED BY COUNCIL AN ORDINANCE AUTHORIZING THE PUBLIC SERVICE DIRECTOR TO APPLY FOR AN OPWC (OHIO PUBLIC WORKS COMMISSION) GRANT AND ZERO INTEREST LOAN AND EXECUTE CONTRACTS IN CONNECTION WITH THE ROUND 38 STATE ISSUE 1 PROGRAM, IF APPROVED. WHEREAS, the City of Zanesville is eligible for Round 38 State Issue 1 Financial Assistance contingent upon proper application submittal and State approval; and WHEREAS, authorized legislation by City Council is appropriate to submit applications and execute contracts in connection with State Issue 1 Financial Assistance Program for Round 38. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Zanesville, State of Ohio, that: SECTION ONE: The Public Service Director is hereby authorized to apply for a grant and zero interest loan application and execute contract(s) , if offered, for Round 38 State Issue 1 Financial Assistance Program and infrastructure improvement for OPWC Round 38. SECTION TWO: This Ordinance shall take effect and be in force from and after the earliest period allowed by law. PASSED: _ _ _ _ _ _ _ _ _ _ , 2023 ATTEST: Billie Corns Daniel M. Vincent Clerk of Council President of Council APPROVED: THIS LEGISLATION APPROVED ---------- , 2023 ASTOFORM DONALD MASON Law Director's Office Mayor ORDINANCE NO. 2023 - 38 INTRODUCED BY COUNCIL AUTHORIZING THE PROPER CITY OFFICIAL TO PROVIDE FUNDS TO TRANSITIONS, INC., FOR SUPPORT OF OPERATIONAL EXPENSES TO PROVIDE SHELTER AND PROGRAMS FOR VICTIMS AND FAMILIES OF DOMESTIC VIOLENCE IN OUR COMMUNITY WHEREAS, Transitions Inc., operates Domestic Violence advocacy and support services within the City of Zanesville; and WHEREAS, the funding provided to Transitions Inc., is necessary to provide support programs and daily operational functions related to the sheltering and care of local Domestic Violence victims; and WHEREAS, the City feels financially supporting Domestic Violence services is in the best interest of the citizens of Zanesville. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Zanesville, Ohio, that: SECTION ONE: The proper city official is authorized to provide local funding to Transitions Inc. Said funding shall be in the amount of $25,000.00, to be paid from account number 201-1111-53299. SECTION TWO: This ordinance shall take effect and be in force from and after the earliest period allowed by law. PASSED- - - - - - - - - - -, 2023 ATTEST:- - - - - - - - - - - - - Billie Corns Daniel M. Vincent Clerk of Council President of Council APPROVED:_ _ _ __ _ _ _, 2023 This legislation approved as to form: Donald L. Mason Law Director's Office Mayor Public Service Committee Andrew Roberts, Chair ORDINANCE NO. 2023-43 INTRODUCED BY COUNCIL AN ORDINANCE AUTHORIZING THE ADOPTION OF THE MUSKINGUM COUNTY 2023 HAZARD MITIGATION PLAN WHEREAS, the City of Zanesville, Muskingum County, Ohio, is vulnerable to natural hazards which may result in loss of life and property, economic hardship, and threats to public health and safety, and WHEREAS, Section 322 of the Disaster Mitigation Act of 2000 (OMA 2000) requires state and local governments to develop and submit for approval to the President a mitigation plan that outlines processes for identifying their respective natural hazards, risks, and vulnerabilities, and WHEREAS, the City of Zanesville acknowledges the requirements of Section 322 of OMA 2000 to have an approved Hazard Mitigation Plan as a prerequisite to receiving post-disaster Hazard Mitigation Grant Program funds, and WHEREAS, the Muskingum County 2023 Hazard Mitigation Plan has been developed by the Muskingum County Emergency Management Agency in cooperation with other county departments, officials, and citizens of the City of Zanesville, and WHEREAS, a public involvement process consistent with the requirements of DMA 2000 was conducted to develop the Muskingum County 2023 Hazard Mitigation Plan, and WHEREAS, the Muskingum County 2023 Hazard Mitigation Plan recommends mitigation activities that will reduce losses to life and property affected by both natural hazards that face the County and its municipal governments. NOW THEREFORE BE IT ORDAINED by the governing body for the City of Zanesville, State of Ohio, that: SECTION ONE: The Muskingum County 2023 Hazard Mitigation Plan is hereby adopted as the official Hazard Mitigation Plan of the City of Zanesville. SECTION TWO: The respective officials and agencies identified in the implementation strategy of the Muskingum County 2023 Hazard Mitigation Plan are hereby directed to implement the recommended activities assigned to them. SECTION THREE: This Ordinance shall take effect and be in force from and after the earliest period allowed by law. ORDINANCE NO. 2023 - 43 PASSED: - - - -- - -- - - 2023 ATTEST: BILLIE CORNS, DANIEL M. VINCENT, Clerk of Council President of Council APPROVED: _ _ _ _ _ _ _ _ __,2023 THIS LEGISLATION APPROVED AS TO FORM DONALD MASON, LAW DIRECTOR'S OFFICE Mayor Because the Muskingum County 2023 Hazard Mitigation Plan is 300 pages long, it is not attached here. See below for options for obtaining a copy of this document: 1. To request a copy to be sent to your email, please email the Clerk of Council at council@coz.org, and the document will be emailed to you as a PDF. 2. A hardcopy is also available in the Clerk of Council’s Office Monday through Friday from 8:00 a.m. to 5:00 p.m. 3. A digital copy may also be obtained by visiting https://coz.org/AgendaCenter.

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