On Wednesday, August 17, 2005 at 6:13 p.m. the Dayton City Commission met in regular session in the Commission Chambers of City Hall.

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1 CALL TO ORDER Mayor McLin called the meeting to order. EXECUTIVE SESSION At 5:05 p.m., Commissioner Lovelace made a motion to adjourn into Executive Session to be briefed on labor negotiations. Commissioner Joseph seconded the motion. The motion was unanimously passed. ROLL CALL Roll call was taken and Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph were present. The Clerk of Commission, Leonard Roberts, was present. RECONVENE At 6:12 p.m., Commissioner Zimmer made the motion to reconvene from Executive Session. Commissioner Williams seconded the motion. The motion was unanimously passed. ROLL CALL Roll call was taken and Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph were present. The Clerk of Commission, Leonard Roberts, was present. On Wednesday, August 17, 2005 at 6:13 p.m. the Dayton City Commission met in regular session in the Commission Chambers of City Hall. CALL TO ORDER: Mayor McLin called the meeting to order. INVOCATION: Commissioner Williams gave the invocation. PLEDGE OF ALLEGIANCE: Mayor McLin led the public in the Pledge of Allegiance. ROLL CALL: Roll call was taken and Mayor McLin, Commissioners Lovelace, Williams, Zimmer, and Joseph were present. The Clerk of Commission, Leonard Roberts and the City Manager, Jim Dinneen, were also present. APPROVAL OF MINUTES: Commissioner Zimmer made the motion to approve the minutes from the previous meeting. Commissioner Williams seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS: There were no communications or petitions. SPECIAL AWARDS AND RECOGNITIONS: 2005 Jazz and Rib Fest Mayor McLin called forward Mr. Michael Talley of Peanut s Hickory Smoked Barbeque to the podium to receive greetings for their recent second place finish in the Critic s Choice Category at the 2005 Jazz and Rib Fest held last month in Columbus. Mr. Leonard Roberts, Clerk of Commission, read the greetings. Mr. Talley thanked the City Commission for the recognition and displayed the trophy he received. Central State University Mayor McLin called forward Mr. Anthony Fairbanks, Vice President of Institutional Advancement at Central State University, to the podium to talk about the Dayton Football Classic to be held on September 4, 2005 at Welcome Stadium.

2 Mr. Fairbanks thanked the City Commission for the recognition. He invited the City Commission to the Dayton Football Classic to be held on September 4 th at Welcome Stadium at 5:00 p.m. He said this is the first game of the season, and that the football league is back at Central State University. He said there will be various activities to help kick-off the Football Classic. Commissioner Williams said that he is pleased to see the football program return to Central State University. 200 th Year Anniversary In recognition of the 200th Year Anniversary, Mayor McLin highlighted the following: First Fire Insurance Agent was James Perrine. He opened his office in June, First Fire Engine Arrived in Dayton from Philadelphia by way of Cincinnati in the spring of First Infirmary Erected on land bought from Dr. James B. Oliver, west of the town, in April First Canal Boat The first canal boat built in Dayton was christened the Alpha and was launched on Saturday, August 16, 1828 at 2:00 p.m. Water had not then been turned into the canal, so a dam was erected at the pinnacles, south of the city. The water, when turned on, reached to a point above Second Street. Test trips were made as far north as Fifth Street. The first canal board to arrive in Dayton with the formal opening of the canal was the General Brown. It arrived at the landing on January 26, Tip of the Week Frequently Asked Question(s): I am interested in adopting a lot. What do I need to do? Answer: You would need to contact John Hunt in Public Works at He will help you through the necessary steps of adopting a lot. There is also the Adopt-An-Area program sponsored by the Montgomery County Solid Waste District. For information on the Adopt-An-Area program, call REPORTS: A. Purchase Orders, Price Agreements and Contracts: (All contracts are valid until delivery is complete or through December 31 st of the current year). 1. Purchase Orders: AVIATION A1. International Production Specialist (15,000 gallon horizontal storage tank) $27, A2. Suburban Tire, Inc. (tires, tubes, service and related items as needed through ) $10, CONVENTION CENTER B1. Rolling and Sliding Doors of Dayton LTD. (one sliding gate operator) 3, RECREATION & YOUTH SERVICES C1. Tuffy Brooks Sporting Goods Co. (softball equipment and supplies) 4, WATER D1. Mactec Engineering and Consulting, Inc. (professional services for the characterization and remediation of ground water contamination through ) 280, (and for the period of through ) 560, D2. Fairbanks Morse Pump Corp. (pumps, parts and supplies through ) 5, D3. Rieck Group LLC DBA Rieck Services (preventative maintenance) 8, (and for the period of through ) 25, Depts. of Aviation, Recreation & Youth Services, Water and The Convention Center. Total:$924, Mercer Oliver Wyman Actuarial Consulting Contract to provide an actuarial evaluation of the City s Worker s Compensation Trust Fund Dept. of Human Resources. $36,000.00

3 3. Proficient Information Tech, Inc. Contract for the development and implementation of a software application to be used for tracking and viewing complaints Dept. of Public Works/Street Maintenance. $41, B. Construction Contracts/Estimates of Cost: 4. Estimate of Cost for the 2005 Asphalt Resurfacing CDBG Eligible Residential Streets Citywide (20% MBE Contract) Dept. of Public Works/Civil Engineering. $250, C. Revenue to the City: 5. Dayton Board of Education - Agreement for after-school recreational and cultural activities Dept. of Recreation and Youth Services. $101, (Paid to the City) E. Other Contributions, Enterprise Zone Agreements, Etc.: 6. CityWide Development Corporation Development Agreement to assist with the retention of Assembly and Test Worldwide operations in Dayton Office of Economic Development. $125, CityWide Development Corporation Agreement to assist the Community Blood Center with the future expansion needs in downtown Dayton Office of Economic Development.N/A III. CITY COMMISSION RECOMMENDATIONS (Item #8 above) The following recommendations are offered for City Commission approval. A. Purchase Orders, Price Agreements and Contracts: (All contracts are valid until delivery is complete or through December 31 st of the current year). 8. Aramark Payment of Voucher for the Youth Anti-Violence Forum held on January 27, 2005 at the Dayton Convention Center City Commission Office. $6, DISCUSSION OF CALENDAR ITEMS: The City Manager had no additions or deletions to the calendar. The Clerk of Commission requested the addition of an ordinance implementing the zoning change regarding the public hearing Case Number Z Calendar Item No. 5, Agreement Dayton Board of Education Commissioner Williams highlighted Calendar Item 5, an agreement with the Dayton Board of Education. He said this is an example of the collaboration efforts between the City of Dayton and Dayton Board of Education for afterschool recreational and cultural activities. He further congratulated Dayton Public Schools on a successful opening of a new school year, and for increasing the test scores. CITIZEN COMMENTS ON CALENDAR ITEMS: Citizen comments on calendar items were received from: 1. Mr. Matt Currie spoke on Ordinance Number He stated that his organization applied for two permits under the legislation, and did not receive notification regarding the proposed change to the ordinance. 2. Mr. J.P. Nauseef, President of the Dayton Development Coalition, spoke on Informal Resolution No He thanked the City Commission for their support of the legislation, and noted his support for the legislation. Commissioner Zimmer said that AFIT is vital to the entire region and the State of Ohio. He thanked Mr. Nauseef for his support of the legislation. Mayor McLin stated that this is a regional issue, and that this is an example of everyone coming together working toward the same cause.

4 APPROVAL OF CITY MANAGER S REPORTS: Commissioner Zimmer made the motion to approve the seven City Manager s Reports. Commissioner Williams seconded the motion. The motion passed unanimously. Voting in the affirmative were Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph. APPROVAL OF CITY COMMISSION S REPORT: Commissioner Joseph made the motion to approve the City Commission s Report. Commissioner Lovelace seconded the motion. The motion passed unanimously. Voting in the affirmative were Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph. EMERGENCY ORDINANCES FIRST AND SECOND READING: Emergency Ordinance No Levying Special Assessments for the Implementation of the Plan for Services Adopted by the Downtown Dayton Special Improvement District, Inc., and Approved by the Commission, and Declaring an Emergency. Commissioner Lovelace moved that this being an emergency measure for the immediate consideration of the ordinance. Commissioner Joseph seconded the motion. The motion passed with a 5-0 vote. Voting in the affirmative were Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph. The question being shall Emergency Ordinance Number be passed. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph. The Emergency Ordinance was approved. Emergency Ordinance No Amending Sections and of the Revised Code of General Ordinances Pertaining to the Regulation of Parades and Street Meetings, Repealing Existing Sections and of the Revised Code of General Ordinances, and Declaring an Emergency. Commissioner Williams moved that this being an emergency measure for the immediate consideration of the ordinance. Commissioner Zimmer seconded the motion. The motion passed with a 5-0 vote. Voting in the affirmative were Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph. The question being shall Emergency Ordinance Number be passed. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph. The Emergency Ordinance was approved. RESOLUTION FIRST READING: Resolution No Authorizing the Acceptance of a Grant Award from the Ohio Department of Development in the Amount of One Hundred Thirty Five Thousand Dollars ($135,000) on behalf of the City of Dayton. ORDINANCE SECOND READING: Ordinance No Consenting to the Improvement of the Interstate Route 75/U.S. Route 35 Interchange within the City of Dayton, and Agreeing to Cooperate in Matters Incidental Thereto, Including the Execution of Agreements Necessary to Implement this Ordinance. The question being shall Ordinance No be approved. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph. The ordinance was approved. INFORMAL RESOLUTION: Informal Resolution No Opposing the Closure of the Air Force Institute of Technology at Wright- Patterson Air Force Base. Commissioner Zimmer moved that Informal Resolution No be adopted. Commissioner Williams seconded the motion. The motion passed unanimously. Voting in the affirmative were Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph. A roll call vote was taken resulting in a 5-0 vote. The Informal Resolution was adopted.

5 THIS ITEM WAS ADDED: EMERGENCY ORDINANCE FIRST AND SECOND READING: Emergency Ordinance No Amending the Official Zoning Map to Rezone 1 through 13 Mackoil Avenue from the I-1 Light Industrial District to the B-3 Community Business District, and Declaring an Emergency. Commissioner Zimmer moved that this being an emergency measure for the immediate consideration of the ordinance. Commissioner Williams seconded the motion. The motion passed with a 5-0 vote. Voting in the affirmative were Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph. The question being shall Emergency Ordinance Number be passed. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor McLin, Commissioners Lovelace, Williams, Zimmer and Joseph. The Emergency Ordinance was approved. V. PLANNING ACTION A. PUBLIC HEARING 14. Rezone property located at 1 through 13 Mackoil Avenue, being City Lot Numbers PT and PT 52965, from the I-1 Light Industrial District to the B-3 Community Business District for the sale of watercraft, snowmobiles, personal watercraft, all-terrain vehicles and motorcycles Case No. Z At 6:35 p.m., Mayor McLin opened the public hearing regarding Case No. Z Ms. Ann Schenking, Secretary to the City Plan Board, came forward to provide the City Commission with a brief overview. She said the public hearing is to rezone property located at 1 through 13 Mackoil Avenue, being City Lot Numbers PT and PT 52965, from the I-1 Light Industrial District to the B-3 Community Business District for the sale of watercraft, snowmobiles, personal watercraft, all-terrain vehicles and motorcycles. Commissioner Lovelace asked about spot zoning action. Ms. Schenking said the application is only for this parcel. She said there is a difference between spot zoning and spots of zoning. A spot zoning is a zoning change that is only for the economic benefit of the property owner. She said with this case, the zoning change is appropriate, given the other uses in the area. It conforms to the plans and policies and does not constitute spot zoning. Commissioner Zimmer asked if there are other businesses in the area now. Ms. Schenking said yes. She said the City Commission has three decision options: 1) Approve the zoning change by passing the ordinance. 2) Deny the request to rezone the property by taking no action. 3) Remand the case to the Plan Board for further consideration. CITIZEN COMMENTS ON PUBLIC HEARING: Citizen comments were received from the following: 1. Mr. Doug Clary asked the City Commission for their support on the zoning. At 6:43 p.m., Mayor McLin closed the public hearing. CITIZEN COMMENTS: The City Commission heard from the following: 1. Ms. Karletta Smith spoke on her concerns with Officer Blake s trial. Mayor McLin stated that there are certain issues that do not fall under the City s jurisdiction. If the City Commission does not respond, it is because it does not fall under the City s purview as policymakers. 2. Mr. Joseph Koussa spoke on troops overseas, and jobs in America. 3. Ms. Margaret Peters spoke on her support for the Dayton Cultural Center. She asked the City Commission for their support in saving the Cultural Center in the funding of the 2006 budget.

6 4. Ms. Linda Majka spoke on her support for the Dayton Cultural Center. She asked the City Commission for their support in saving the Cultural Center in the funding of the 2006 budget. 5. Mr. Theo Majka spoke on his support for the Dayton Cultural Center. He asked the City Commission for their support in saving the Cultural Center in the funding of the 2006 budget. Mayor McLin asked Mr. Dinneen to have Mr. Rashad Young, Assistant City Manager, come forward and provide a brief update on the status of the Dayton Cultural Center with the reorganization. Mr. Young came forward and said that the reorganization and renaming of the Department of Parks, Recreation and Culture does not affect programming. He said the cultural programming aspect of the organization is being moved, and that the actual programs are not driven by the reorganization, but by the 2006 budget. Mayor McLin asked whether or not the City have a Cultural Center component with the reorganization. Mr. Young said yes. There are cultural programs that were not affected by the reorganization. For example, conversations are on-going regarding the location and funding of the cultural programs, and construction of the Zion Center. Mayor McLin said that there is a Cultural Affairs component that is located within the department. The discussion is ongoing regarding the funding and location of Cultural Affairs. Mr. Young said there will be cultural affairs programming. However, the functions will still be incorporated in the Recreation and Youth Services Department. 6. Rev. Pamela M. Pinkey asked the City Commission to consider having the faith-based community be more involved in the City Commission matters. 7. Victoria McNeal, Vice-President of the Riverdale Neighborhood Association, spoke on neighborhood concerns in her area, and what she can do to assist with resolving the concerns. Mayor McLin asked Mr. Charles Meadows to speak with Ms. McNeal regarding her concerns. 8. Tulani Rufaro El spoke on his support of DATV, and asked the City Commission for their continued support. COMMENTS BY THE CITY MANAGER: The City Manager highlighted an article in the Dayton Daily News regarding the PMI employee convicted of stealing money at the City of Dayton s transportation center. The City of Dayton received the full recovery of $246,000. He said the insurance from PMI took care of the City s loss, and it was not at the expense of the taxpayer s dollars. COMMENTS BY THE CLERK OF COMMISSION: The Clerk of Commission had no closing comments. COMMENTS BY CITY COMMISSION: Commissioner Zimmer said the Downtown Dayton Partnership will host a ribbon cutting Thursday, August 18 th at 2:00 p.m. (Supplemental Health Care). He noted the Mountain Days Festival this weekend at Eastwood Park. He highlighted the German Festival, the Outrageous River, and said the Immaculate Conception Festival will be held this weekend. Commissioner Joseph highlighted his visit to Washington, D.C., regarding the hearing on the base closure, AFIT (Air Force Institute of Technology). He said it is very important to keep AFIT in the Dayton area. Mayor McLin extended her condolences to Commissioner Zimmer for the loss of a family member. Mayor McLin noted the following events held: Northwest Priority Board Community Festival at McIntosh Park FROC Open House Arcade Seafood Ribbon Cutting

7 Mayor McLin noted the following upcoming events: Oprah Winfrey Press Conference Aug. 18 th Midwest Iron & Metal 50 th Anniversary/Ribbon Cutting Aug. 19 th Optimists District Convention Aug. 19 th Bishop John Mathews, Mr. Zion AOH Anniversary at Schuster Aug. 20 th Mayor s Walk (Greenwich Village Neighborhood) Aug. 22 nd Mayor s Day (Innerwest Priority Board, 1024 West Third Street) Aug 23 rd. Call to schedule an appointment. Farmer s Market will be held every Monday at Courthouse Square from 3 6 p.m. The Quest for Immortality Exhibit to be held at the Dayton Art Institute Sept. 1, 2005 Jan. 3, 2006 ADJOURNMENT: There being no further business, the meeting was adjourned at 7:25 p.m. Mayor Rhine McLin Attest: Clerk of Commission