Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR COUNCIL in Council Chambers @ 7:00 p.m. April 25, 13 1. CALL TO ORDER: President of Council Poinar called the Regular Council meeting of Thursday, April 25, 2013 to order at 7:00 p.m. 2. PRAYER: Rev. Kurran Bishop, Shephard’s Pasture for All Nations Church, Tallmadge. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mrs. Ray, Mr. Stalnaker – present. Also present were Mayor Kline, Dir. of Finance Shanafelt, Dir. of Law Raber and Clerk of Council Burton. Dir. of Pub. Service Esler and Economic Developer Loughry were absent as was Mr. Sarver. 4. MINUTES: 4-11-13 Regular Council Meeting Minutes. Mrs. Ray moved to accept the 4-11-13 Regular Council meeting minutes. Seconded Mrs. Kilway. Voice vote 6-0. The Regular Council meeting minutes of 4-11-13 were adopted by a vote of 6-0. FINANCIAL REPORTS: None. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Pres. of Council: This is the regular business meeting for Tallmadge City Council, where we will very shortly, when we get to Item 10, we will begin reading our legislation into the record. At that time we will deal with it by either voting on it, holding it over for further discussion, possibly amending it or there is always the possibility of rejecting it. So that is what we will be doing when we get to the legislation. But, we do allow a short period of time for community input during this regular business meeting and this is the time for that. If there is anyone who would like to address Council tonight; now is the time that we ask that you step up to the podium. Is there anyone here who would like to talk to Council tonight? No one responded. 6.A. ANNOUNCEMENTS: None. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: We do have two agenda additions. Ord. 61-2013 will become Item 16.A. and Ord. 62-2013 will become Item 16.B. and we have paper copies of those on your desktop this evening. 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, AND DIRECTOR OF LAW. Mayor: First of all, I would like to start off with thanking everybody that was involved in the Tallmadge Expo last Saturday. It was a huge success. I think our numbers were a little bit down, but we estimate that we had close to 3,000 people there. Jim Tressel was there and was very personable and talked to a lot of folks. In talking to the different vendors, they were very happy with the folks that were there going to their booths and they had a lot of good leads coming out of that thing and that is what it is really all about. Shop local . . . it was very good. Exterior renovations of Delanie’s, if you have noticed, they are doing some exterior work; resided a couple of the sides and they will be doing some painting work there and so it is starting to look pretty good over there. Steel was delivered to Reduction Engineering on Crystal Parkway for the building extension. So there is some construction going on out there. Don’t forget, Tallmadge Little League parade this coming Sunday at 2:00 p.m. The kickoff will be right out here on North Avenue. If you notice the old church at the Circle has some equipment sitting in front of it. All the shutters have been removed and the painter has started the project and it has been raining every since he started! He is on site to complete that project. Hopefully he will have that done within the next two months. If you want to see a guy climb the steeple all the way to the top; if you see a couple of ladders, there is a guy who is going to walk out on, or climb out onto the shingles up top and remove the weather vane and then the State will repair it and then at a later time reinstall that. The guy is a steeple jack; it’s crazy. I have some pictures of him already. I don’t know if they will make it into the Tallmadge Express, but they do have those pictures. Today it was a happy day for us, but also a sad day that Mark Pozuc, a longtime Police Officer for the Tallmadge Police Department . . . his last call out was at 3:00 p.m. and so he is now officially retired. If you see Mark Pozuc out and about, make sure you say hello to him and congratulate him on his retirement. We have three ordinances asking for the extension of time period and as most of you know; one of those folks . . . and that would be Item 11, Ord. 50-2013, extending the period for the Administrative Assistant to the Service Department. As you all know that . . . most of you know or you know by now, that Linda Poinar is going to be appointed to that position. I am very happy to have Linda come on board. I think she will bring a vast knowledge of what the City is . . . the operations of the City. Judy Paduchik, who has been down there for over 20 plus years, has done a phenomenal job and so Linda, you have some big shoes to fill, but I am very confident that your ability and knowledge of the City will help out the Service Department. So, you will have to abstain from voting on that. So, I am looking forward . . . th and her first day will be May 6 with the City. Dir. of Finance: No report. Dir. of Law: No report.  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. April 25, 13 rd 10. Ordinance 40-2013 At 3 Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into a contract with the Tallmadge Little League, Inc. for lease of Mack Burleson Field and providing for immediate enactment. rd Pres. of Council: Ord. 40-2013 is at 3 Reading and will remain before the Community Issues/ Safety Committee. rd 11. Ordinance 50-2013 At 3 Reading. PERSONNEL Extending the training period for Adminis- trative Assistant/Public Service position to20 days and providing for immediate enactment. Pres. of Council: Because of my conflict of interest with this ordinance; I am at this time going to turn the chair over to Mr. Maguire to handle the motions and so forth with this. Mr. Maguire: Thank you Madame President. Ord. 50-2013 was recommended for adoption by a vote of 3-0 by the Personnel Committee. Do we have a motion to adopt? Mr. Donovan moved for the adoption of Ord. 50-2013. Seconded Mr. Stalnaker. Roll Call: Mrs. Kilway, Mr. Maguire, Mrs. Ray, Mr. Stalnaker, Mr. Donovan – unanimous. Linda Poinar; abstain. Ord. 50-2013 is adopted by a vote of 5-0 with one abstention. Now I will turn it back over to the President of Council. Pres. of Council: We are back to Item 12. on the agenda. rd 12. Ordinance 51-2013 At 3 Reading. PERSONNEL Extending the training period for Adminis- trative Assistant/Planning & Zoning position to 20 days and providing for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 51-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Maguire, Mrs. Poinar, Mrs. Ray, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 51- 2013 is adopted by a vote of 6-0. rd 13. Ordinance 52-2013 At 3 Reading. FINANCE Extending the training period for Secretary/ Law to 20 days and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 52-2013. Seconded Mrs. Kilway. Roll Call: Mrs. Poinar, Mrs. Ray, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 52-2013 is adopted by a vote of 6-0. st 14. Ordinance 58-2013 At 1 Reading. FINANCE Authorizing the appropriation of funds and the reduction of appropriated funds for the Waterline Looping Improvement Project and providing for immediate enactment. Mayor: At your next Council meeting, you may not have enough members present to adopt this for immediate enactment and we have enough members this evening. This is the East End Water Looping Project for East End Welding coming up East Avenue. It is in the budget and we are out to bid on it and we will open bids next week on it. This is allowing the funds to be transferred over and to get immediate enactment we need at least six members of Council and if Mr. Sarver does not make it to the next Council meeting and Linda won’t be here and we may not have enough and so I would ask Council’s consideration. st Mr. Maguire moved for the 1 Reading adoption of Ord. 58-2013 at the recommendation of the Mayor. Seconded Mrs. Ray. Roll Call: Mrs. Ray, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar – unanimous. Ord. 58-2013 is adopted by a vote of 6-0. st 15. Ordinance 59-2013 At 1 Reading. Authorizing the Mayor to enter into a lease with Tallmadge Lutheran Church for approximately 1.555 acres of vacant land off East Avenue and providing for imme- diate enactment. st Pres. of Council: Ord. 59-2013 is at 1 Reading and is assigned to the Community Issues/Safety Committee. 2  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. April 25, 13 st 16. Ordinance 60-2013 At 1 Reading. PLANNING & ZONING Amending the legal description and memor- ializing the conditional zoning certificate for the property located at 90 West Overdale Drive. st Pres. of Council: Ord. 60-2013 is at 1 Reading and is assigned to the Planning & Zoning Committee. st 16.A. Ordinance 61-2013 At 1 Reading. PLANNING & ZONING Approving and granting a Conditional Zoning Certificate to property owner and applicant Faith Bible Fellowship for a religious place of worship on a 2.507 acre site at 126 West Overdale Drive. st Pres. of Council: Ord. 61-2013 is at 1 Reading and is assigned to the Planning & Zoning Committee. st 16.B. Ordinance 62-2013 At 1 Reading. PLANNING & ZONING Approving and granting a Conditional Zoning Certificate for special nonresi- dential development to applicant Lan- caster Land, L.P. (aka Clover Construc- tion, Inc.) on behalf of owner Rocco Family Living Partnership (Frank Rocco) for independent senior living apartments at 260 West Avenue. st Pres. of Council: Ord. 62-2013 is at 1 Reading and is assigned to the Planning & Zoning Committee. 17. ADDITIONAL ITEMS: Pres. of Council: I have one additional item to come before Council tonight. Mrs. Burton received in the Council office a liquor application for Sammies Bar & Grill, which will be located at 498 South Avenue in the former Plaza Maya Restaurant and all we have to do is decide if we wish to hold a public hearing on this and we need to notify them. We do not normally hold public hearings for these. So; what is City Council’s wish on this? Mr. Donovan: No. Mrs. Ray: I have a question for Mrs. Raber; Mrs. Kilway and I were discussing that this liquor application; this was previously Plaza Maya and they had an application to serve liquor. When the business closed; that lapsed and hence then since the building has been sold, the liquor license doesn’t follow the building; is that correct? Dir. of Law: That is correct. The liquor license doesn’t follow the building. The conditional zoning follows the building. So, provided they meet all of the same criteria that the Plaza Maya had on the conditional zoning; we wouldn’t need to have them come back for a conditional zoning review. If they wanted to change any of the conditions, then they would have to come back. But, the alcohol license, the liquor license itself is actually with the entity that applied for it originally and so when that entity terminates; it terminates. Mr. Maguire: Question for any of the Administration; does anybody know these officers that are in charge of this limited liability that is the applicant? Mayor: I can only say that the title is . . . Sammy is the daughter of the gentleman who is going to be moving in there. It is going to be like a steak and burger type of restaurant, so it is not Mexican. It is a steakhouse that is going in there. Mr. Maguire: Madame Chair, I would recommend that we don’t request the public hearing. Seconded Mr. Stalnaker. Are you just polling us? Pres. of Council: Do we have to vote on this? So, we have a motion. Mr. Donovan: Second. Pres. of Council: We have a motion by Mr. Maguire and a second by Mr. Donovan and Mr. Stalnaker. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mrs. Ray – unanimous. The motion carries by a vote of 6-0. th Mayor: Just a reminder to Council; don’t forget your Ohio Ethics is due by the 15 . I did it over the weekend. You go on-line; it is very simple. You log in and you have to create your own account number and a password and you don’t have to complete the form as you can log back out and log back in, but once you submit the form; it is electronically signed and you print it off and it puts your name on it and it is done. Pull your old one out and log in to that th and then start the process. It is a pretty steep penalty if you do not do it by the 15 of May; $250 I think. Mrs. Ray: Can you pay on-line now? Mayor: Yes. You pay on-line with a credit card, or you can print the form off and mail it in. 3  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. April 25, 13 18. ADJOURNMENT: Mr. Donovan moved to adjourn. Seconded Mr. Maguire. Voice vote 6-0. The Regular Council meeting adjourned at 7:18 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton Linda S. Poinar Clerk of Council President of Council 4