Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR COUNCIL in Council Chambers @ 7:00 p.m. May 23, 13 1. CALL TO ORDER: Acting President of Council Maguire called the Regular Council meeting of Thursday, May 23, 2013 to order at 7:00 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: Mrs. Ray, Mr. Sarver, Mr. Sisak, Mr. Stalnaker, Acting Pres. of Council Mr. Maguire – present. Mr. Donovan and Mrs. Kilway were attending graduation. Also present were Mayor Kline, Dir. of Finance Shanafelt, Dir. of Law Raber, Economic Developer Loughry and Clerk of Council Burton. Dir. of Pub. Service Esler were absent. 4. MINUTES: 5-9-13 Regular Council Meeting Minutes. Mr. Sarver moved to accept the 5-9-13 Regular Council meeting minutes. Seconded Mrs. Ray. Voice vote 5-0. The Regular Council meeting minutes of 5-9-13 were adopted by a vote of 7-0. Dir. of Law: Point of order. You may want to ask for an abstention this evening since we had somebody who was not present at the previous meeting. Mrs. Ray: That’s true. Mr. Sarver: Ask for a what? Mrs. Ray: Abstention. Mr. Sisak wasn’t a member of Council and therefore he cannot approve the minutes. Dir. of Law: Just ask for an abstention and then he may vote that way. Acting Pres. of Council: Abstention; I am confused. Mayor: Mr. Sisak was not here for that meeting. Acting Pres. of Council: Oh, OK. Dir. of Law: Are there any abstentions? Mr. Sisak: Aye. Acting Pres. of Council: So it is 4-0 with one abstention. FINANCIAL REPORTS:  Consolidated Investment Portfolio for the period ending 4-30-13 to Council on 5-10-13. Mrs. Ray moved to accept the Financial Reports submitted by Dir. of Finance Shanafelt. Seconded Mr. Sarver. Voice vote 5-0. The Financial Reports submitted by Dir. of Finance Shanafelt were accepted by a vote of 5-0. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Acting Pres. of Council: Is there anyone here who would like to address Council? Hearing none; we will move on. 6.A. ANNOUNCEMENTS: Acting Pres. of Council: Number one, we are glad to welcome tonight Craig Sisak who is the new representative for Ward 1 to replace Linda Poinar if replacement is possible; no degrading you. Mrs. Ray: You have big heels to fill! Acting Pres. of Council: Secondly, a reminder to Council that two weeks from tonight we will have our Organizational Meeting at 6:45 p.m. here in Council Chambers. Are there any other announcements to come before Council? Mrs. Ray: I would like to remind everybody that Monday is Memorial Day and if you are planning on walking in the Memorial Day procession; 10:00 or is it 9:30? Mayor: Yes, the parade kicks off at 10:00 a.m. but you should be there between 9:30 a.m. and 10:00 a.m. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: None. 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, AND DIRECTOR OF LAW. Mayor: First of all, on behalf of the Administration, I would like to welcome Mr. Sisak to the st 1 Ward. I know you will do a good job there. As a person who was born and raised in the st 1 Ward, feel free to give me a call. The Administration is definitely open to you to help you out with whatever you need to do. So, any questions you have; please come see us. The Super Summit this year will be at the Fairgrounds instead of out at Summit Racing, st nd which has always been a traffic nightmare out there. It is June 21 and June 22 at the Fairgrounds. Everything will be contained within the Fairgrounds and so we are pretty excited about that. Tallmadge was also recognized in “Beyond the Boundaries,” which is a shared service action plan put out by the Governor; there were four communities that were mentioned in the Governor’s Newsletter and the City of Tallmadge was put out there and we have done a lot of work with the Governor’s Office on this with the shared dispatch services, the Regional Income Tax, the JEDD and heavy equipment job sharing resulting in a good revenue in the General Fund. So they were very excited about Tallmadge and we were just recognized throughout the State of Ohio. As we stated earlier Monday is the Memorial Day parade, but prior to that is the Pancake Breakfast starts at 8:00 a.m. over at the Community Center. If you are inclined to run a 5K run; or at least watch it; that starts at 9:00 a.m. down on Northwest Avenue.  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. May 23, 13 Also since Mr. Sisak was on the Heritage Commission, now we have a vacancy. Mark Moore lives at 572 Hughes Drive and he has been after me to put him on a committee. He is an architect and he would like to join the Heritage Commission and so I am asking Council’s consideration to appoint Mark Moore to the Heritage Commission. Mr. Sarver: I move to validate Mark Moore as an appointee to the Heritage Commission. Seconded Mrs. Ray. Voice vote 5-0. Mark Moore is appointed by a vote of 5-0 to the Heritage Commission. Mayor: Lastly, Ord. 59-2013 and Ord. 60-2013; I would ask for your adoption of those tonight. Acting Pres. of Council: Mr. Mayor; you mentioned about this Governor’s report; is that something you can e-mail to us or where will we find it? Mayor: Yeah, I will e-mail you the link to the “Beyond Boundaries” site. I will get you that. Mr. Sisak: Mayor Kline; do you know how many people they expect at Super Summit? Would it be comparable to the Color Run? Mayor: The nice thing about Super Summit is that it has been so well organized by . . . they have a team of like 15 people that have been working on that and one of the . . . there is a group of the team members that are just about the parking and with this event they think they will be able to contain all of the parking on site unlike the Color Run, which was an influx of 10,000 people coming all at once. This is starting at 2:00 p.m. on Friday and it has different events all day long the rest of the day on Friday and then on Saturday morning, I think it starts at 9:00 a.m. to 3:00 p.m. That type of event is in and out. Acting Pres. of Council: What is the date for it Mayor? st nd Mayor: June 21 and June 22 . Acting Pres. of Council: Our Public Service Director is not with us tonight. Mayor: If I may, we did have a bid opening today for the asphalt in place program and Tallmadge Asphalt appears to be the tentative low bid without the local preference and so that was nice that someone within our JEDD or paying income tax to the City was actually the low bidder without using the Local Preference. We also had a pre-bid meeting for the Waterline Looping. The other night, Council adopted the East End Looping Project. Wartko Construction is the contractor for that. The th tentative start date is June 17 . Mrs. Ray: What was the bid for the asphalt? Mayor: In the range of $650,000. Mr. Sisak: Mayor, when you say asphalt in place; can you be more specific? Mayor: We bid out asphalt two different ways. We pick up asphalt and that is for our trucks where we will go out and buy asphalt from a place and then put in place means that they actually mill the roads and put the asphalt down; a standard street paving program. Mr. Sisak: What roads are they doing? Mayor: I don’t have the list in front of me, but we have a list and I will have Bryan make sure that he e-mails it to all of Council. Mr. Sisak: OK. Thank you. Mr. Sarver: I think we got that list earlier in the year. Mayor: I think we cleaned it up and tightened it up a little bit. Mr. Sarver: What I was saying is that it would be easy for them to get it to you. Is his e-mail set up already? Do you know? It’s not. OK because you will have a City e-mail. Dir. of Finance: I have no report this evening. Once again, I would like to echo the congratulations and the welcome to Mr. Sisak. Dir. of Law: I also would like to join everyone in welcoming you to Council. I wanted to just let everyone know that I have received a significant volume of interest in the Law Secretary position that was open. I advertised for two weekends on Sunday only and ended up with 88 resumes. So, it was a very sought after position and I have the challenging task of sorting through that and find someone, but I definitely have a great pool of candidates and so I am excited about that. I would also just remind everyone; I think you all received notice of it, but we are having a th retirement luncheon next Thursday afternoon on May 30 and you are all welcome to attend. We are going to do that for Judy Looman, Judy Paduchik and Karen Liska and so you are welcome to attend. Mayor: One thing that was brought to my mind; Mr. Sisak, make sure you do the Ohio Ethics, and Sue, remember now that he is appointed; it has to be filled within so many days after the appointment or otherwise it is a penalty; $250 penalty if you don’t, so make sure you get with her. Economic Development: I will go fast. Igloo; the yogurt store is going to be open tomorrow at 11:00 a.m. That will be a soft opening and then their Grand Opening will be rd Monday, July 3 at 10:45 a.m. for the ribbon cutting and so Council is invited to that. st Cortabella’s; we are now saying that it will be open by July 1 . Nuevo Acapulco; they are looking at two weeks. We will get the official results either for next door or for Colony Park on Wednesday, June th 12 . I spoke with Mr. Testa this afternoon and he was very happy because he heard from the State that they scored their projects the same numerically that Testa had scored his projects themselves. So, he was real optimistic because he had their projects scored . . . 2  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. May 23, 13 Economic Developer (Cont’d.) this project next door scored number one. So, we will wait and see on that. th Acting Pres. of Council: June 12 ? th Economic Developer: June 12 is when that announcement will be made from the State. Economic Developer: Tri-City Nissan is sold. The new owner owns 28 dealerships across the country; all used car dealerships. The name of the company is New Century. They will be doing business in Tallmadge as Right Way Automotive. They were paving AHEPA today and so they are still on schedule for that. The City of Tallmadge, along with the Portage Development Board; actually the Portage Development Board is the one that is up for the award because of the Rubbermaid Newell th Project and that will be announced on July 11 . Mrs. Ray: Dennis, when was the tentative grand opening for the AHEPA Project? st st Economic Developer: Anywhere from June 1 through August 1 . They have taken applications and they are deep into that process. Mrs. Ray: I understand that they have taken applications and they actually have a waiting list now for the applications. Mr. Sarver: Yeah, that is what I heard. Mrs. Ray: There is a great deal of interest. Back to the Towne Center and Colony Park Project; my understanding is that there was not as many applicants as expected and so there would be actually more money available from the Ohio Finance Housing Authority? Are there any indications that we could potentially get both of those projects? Economic Developer: Well, I mean . . . we would like to get them both, but when I look at things analytically or just the way the system works or the way I think it works; personally I think a suburb our size would . . . it would be very unlikely for us to get awarded two projects, but, it could happen. They let you apply and so I guess they can award . . . Mrs. Ray: My understanding is they got half of the number of applications they got the last time around. Mayor: We were told by the State when . . . we had to fill out some paperwork about a month and a half ago; 32 applications and 12 would be awarded and as Mr. Testa said, this one scored number one and the State was pretty confident with me that Tallmadge would only get one. rd 10. Ordinance 59-2013 At 3 Reading. COMMUNITY ISSUES/SAFETY 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 immediate enactment. Acting Pres. of Council: Madame Law Director, I am an attorney and I represented the Tallmadge Lutheran Church and I request to abstain because of a conflict of interest. Dir. of Law: I recognize that and given that we do not have a Vice President this evening, I would ask you to defer to the Chair of the Community Issues/Safety Committee and that would be Mr. Stalnaker. rd Mr. Stalnaker: Ord. 59-2013 is at the 3 Reading and we have discussed it several times. Do we have a motion for the approval? Mr. Sarver: I move to approve Ord. 59-2013. Seconded Mrs. Ray. Mayor: Just for Mr. Sisak; this is the Community Gardens behind the Lutheran Church. We lease that space. Thank you. Roll Call: Mrs. Ray - yes, Mr. Sarver – yes, Mr. Sisak – yes, Mr. Stalnaker – yes, Mr. Maguire – abstain. Dir. of Law: Mr. Stalnaker, if you would just state that the vote was 4-0-1. Mr. Stalnaker: Ord. 59-2013 is adopted by a vote of 4-0 with one abstention. rd 11. Ordinance 60-2013 At 3 Reading. PLANNING & ZONING Amending the legal description and memor- ializing the conditional zoning certificate for the property located at 90 West Overdale Drive. Mr. Sarver moved for the adoption of Ord. 60-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Sarver, Mr. Sisak, Mr. Stalnaker, Mr. Maguire, Mrs. Ray – unanimous. Ord. 60-2013 is adopted by a vote of 5-0. rd 12. Ordinance 61-2013 At 3 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. 3  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. May 23, 13 rd Acting Pres. of Council: Ord. 61-2013 will remain at 3 Reading before the Planning & Zoning Committee. rd 13. Ordinance 62-2013 At 3 Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate for special nonresiden- tial development to applicant Lancaster Land, L.P. (aka Clover Construction, Inc.) on behalf of owner Rocco Family Living Partnership (Frank Rocco) for independent senior living apartments at 260 West Avenue. Acting Pres. of Council: Madame Law Director, I am an attorney and I represented Frank Rocco and I will have to abstain please. Dir. of Law: Recognizing that conflict of interest and in light of not having a Vice President this evening, we would defer to the Chair, who is also unable to attend due to his child’s graduation this evening and so I will defer to Mr. Sarver and ask him to run this vote. Mr. Sarver: Thank you. We have Ord. 62-2013 and I would entertain a motion to amend this ordinance. I believe we have discussed it a number of times. Mrs. Ray: So moved. Seconded Stalnaker. Roll Call: Mr. Sisak – yes, Mr. Stalnaker – yes, Mr. Maguire – abstain, Mrs. Ray – yes, Mr. Sarver – yes. Ord. 62-2013 has been amended by a vote rd of 4-0 with one abstention. It will stay at 3 Reading before Planning & Zoning. Dir. of Law: I’m sorry; point of order just for the record because it was amended, it would go back to nd 2 Reading. Mr. Sarver: Oh, sorry. I’m sorry; that is correct. nd 14. Ordinance 63-2013 At 2 Reading. FINANCE Authorizing the Mayor to enter into an agreement with WARDJet, Inc. for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for immediate enact- ment. nd Acting Pres. of Council: Ord. 63-2013 is at 2 Reading and will remain before the Finance Committee. nd 15. Ordinance 65-2013 At 2 Reading. FINANCE Declaring certain City-owned property to be excess/obsolete and authorizing the Chief of Police to sell such equipment at public sale or trade-in and providing for immediate enactment. nd Acting Pres. of Council: Ord. 65-2013 is at 2 Reading and will remain before the Finance Committee. nd 16. Ordinance 66-2013 At 2 Reading. PLANNING & ZONING Amending rates, charges, and fees for the Zoning Department; repealing Ordinance 78-2009 and providing for immediate enactment. nd Acting Pres. of Council: Ord. 66-2013 is at 2 Reading and will remain before the Planning & Zoning Committee. 17. ADDITIONAL ITEMS: Mayor: I would just like to recognize Mr. Sisak sitting in the audience. He is the former Mayor of Munroe Falls and congratulations on your son. Acting Pres. of Council: I thought he was the Minister! Mr. Stalnaker: Along that line of the Minister and prayer; I just read today that the Supreme Court will be ruling by the end of the year whether we conduct a prayer in our meetings from now on. 4  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. May 23, 13 18. ADJOURNMENT: Mr. Sarver moved to adjourn. Seconded Mr. Sisak. Voice vote 5-0. The Regular Council meeting adjourned at 7:26 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton Robert D. Maguire Clerk of Council Acting President of Council 5