Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR COUNCIL in Council Chambers @ 7:00 p.m. June 27, 13 1. CALL TO ORDER: President of Council Maguire called the Regular Council meeting of Thursday, June 27, 2013 to order at 7:00 p.m. 2. PRAYER: Rev. Barry French, United Methodist Church, Tallmadge. PLEDGE OF ALLEGIANCE: Mayor: I would personally like to thank Mr. French for serving this community and this church. You served it very well and I have heard nothing but great things about you and I am sure you (new pastor) have big shoes to fill. Thank you and good luck to you in your future. 3. ROLL CALL: Mrs. Kilway, Mr. Maguire, Mrs. Ray, Mr. Sarver, Mr. Sisak, Mr. Stalnaker – present. 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 was absent. Mr. Donovan arrived at 7:17 p.m. 4. MINUTES: 6-13-13 Organizational Meeting Minutes. 6-13-13 Regular Council Meeting Minutes. Mr. Sarver moved for the adoption of the 6-13-13 Organizational Meeting minutes and the 6- 13-13 Regular Council Meeting minutes. Seconded Mrs. Kilway. Voice vote 6-0. The Regular Council Meeting minutes along with the 6-13-13 Organizational Meeting minutes were adopted by a vote of 6-0. FINANCIAL REPORTS:  Fire Transfer in the amount of $75,000 to Council on 6-27-13.  SMR Transfer in the amount of $300,000 to Council on 6-27-13. Mrs. Kilway moved for the approval of the Finance Reports submitted by Dir. of Finance Shanafelt. Seconded Mr. Sarver. The Finance Reports submitted by Dir. of Finance Shanafelt were approved by a vote of 6-0. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Pres. of Council: This is our Regular Council meeting and we encourage anyone who wants to to come up and speak to us other than if you have legislation that we are going to be covering later; if you could hold it until then please. Mr. Sarver: Point of order. We don’t permit conversation during the business meeting; that is only on Monday. It is only allowed during Community Input on Thursday’s. Pres. of Council: Thank you Mr. Sarver. Mayor: If I may indulge Council for a second. On Community Input with . . . Dennis Loughry of Economic Development spoke a lot on different litigation results from the Clover project and I just wanted to get Mr. Marino, if he is willing to come to the microphone, to concur with what Mr. Loughry had stated on the record. It was all from the Administration, but I do want to hear from the actual applicant regarding what we were talking about. So, if you can state your name for the record. Pres. of Council: And your address please. Mr. Lon Marino, 4191 Alicia Trail, Stow, Ohio. We are in concurrence with everything that Mr. Loughry reported to you the other evening. Mayor: Thank you. Pres. of Council: Anything else? No one responded. 6.A. ANNOUNCEMENTS: Pres. of Council: We have an Executive Session immediately after Council to discuss pending litigation. 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: Just to start off with; the stormy weather that we have had lately . . . it was recorded both locally here in Tallmadge, but also down at the Akron/Canton Airport that we did receive slightly over 3 inches of rain in a very short period of time. I am happy to thank this Council and previous Council’s who authorized us to spend money on storm water management that we really did not receive any storm related calls. If you recall, back when you first got on Council Jack, you would get a half inch of rain and we were out on a lot of calls and a lot of flooding problems and so the work that we have spent well over $3 million over the last 12 to 20 years working on storm water management has definitely paid off and we continue to pledge to keep going with that so the storm water utility that we have; that money is going to good use. Just thought Council would like to know that we faired very well with the 3 inches of rain. This past Wednesday, Councilwoman Kilway and myself . . . and Carol, I don’t know if you want to talk about it tonight or not, but I just want to give Councilwoman Kilway kudos for setting up a meeting down in Columbus with our State Representative, Anthony DeVitis, in the Ohio Department of Disability State Board that is actually in charge of the Summit DD and so we had a meeting down there on Wednesday. It was attended by Carol and myself and two residents up behind the house on Southeast Avenue; the sexual predator house; the DD house there and they were very receptive. I thought it was a great meeting. I think the representative is looking into different legislation that is not only for Tallmadge, but we were there for anything in the future; any County that you cannot move a sexual predator  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. June 27, 13 Mayor (Cont’d.) with a Class 4, which is the worst type of offense into a residential house without better protection. So, Carol, if you want to mention anything you thought, but thank you and you did a great job. Mrs. Kilway: I think the meeting went very well also. Thank you for coming down with us and supporting the City. I think it opened their eyes to what was going on here in Tallmadge and our goal is to make sure that Tallmadge isn’t a dumping ground for the sexual offenders that have developmental disabilities and that it is actually taxpayer money that is going to pay for their housing and so the residents should have some say as to who goes into what housing and that was pretty much the jest of why we went down there. Like Mayor Kline said, the meeting went very well and I think we opened some eyes as to what is going on up around here and we will just sit back and wait and see what happens. Mayor: We were actually with the Deputy Director of the DD down in Columbus who directly talks under the Kasich administration and that is who he works under. So, again; thank you. We did have the bid opening for the rental of 111 West Avenue. We did receive two bids. One was from Tallmadge Little League for the high bay area or the pool and the front office area and then the Dynamics Group for the back studio area who would like to use that as cold storage for their equipment for all of their plays that they have. So, we are working on those bids and we will have a . . . hopefully get into the contracts by the end of next week. End of report. Pres. of Council: Our Director of Public Service is not with us tonight. Mayor: If I can report on one thing; the East End Welding; the waterline looping started this week and they started out at East End Welding and they were boring under the roadways. They will be in front of Maplecrest Golf Course most likely tomorrow if not Monday morning moving all the way up East Avenue over to make the tie-in down there. So, that project is moving along very well. The paving program; you can see the point repairs that were up at Six Corners/Southeast. They dug out all of those bad spots that were from the storm water program that we did out there and Tallmadge Asphalt was the successful bidder on that and we should be moving on getting that whole intersection paved here by the end of October or around that time frame. Mr. Sarver: I was going to bring this up under Dir. of Public Service, but you already mentioned it; the rain that we had. I have a rain gauge in my back yard and it was over 3 inches. So there is one here in Tallmadge that shows . . . Mayor: Ziggy, out on Treat; he is my rain gauge . . . the record is at the Akron/Canton Airport, but Ziggy is better! Dir. of Finance: I have no report this evening. Dir. of Law: I have no report this evening. Economic Developer: Thank you. I do have a brief one. Super Summit was held last weekend at the Summit County Fairgrounds and it was a huge success. Summit Racing is very happy with the venue and with the traffic and traffic in terms of head count and we were happy with the way traffic was handled. Nuevo Aculpoco is now open and we hope to have the restaurant on South Avenue open shortly. AHEPA is now processing applications and they should be open next month. I would ask Council’s consideration to adopt this evening; Ord. 62-2013 and that is the market rate senior housing project on West Avenue and in light of both projects not getting State funding here and on Colony Parkway; it just emphasizes more and more the need for senior housing in this City and with the JEDD agreement, it gives us the flexibility to change some uses of property. Thank you. End of report. Pres. of Council: Thank you Mr. Loughry. A procedural question for Megan Raber; James Donovan we’ve been told is going to be here any minute now; am I allowed to move these two zoning ordinances; Ord. 61 and Ord. 62-2013 to the end of the agenda? Dir. of Law: No, I mean you can take a vote of Council to see if they want to do that, but otherwise I don’t think that is standard. Mrs. Ray: We are just taking a vote; correct? I mean someone just has to move for the adoption. Dir. of Law: Correct. Mrs. Ray: And a second it. Dir. of Law: You have a quorum. Mr. Sarver: We have done that in the past. We’ve moved items. Pres. of Council: On one I have to abstain. Mr. Sarver: Oh, that’s right. Pres. of Council: I would entertain a motion to move Ord. 61 . . . Items 10 and 11 to the agenda right after Res. 14-2013. Seconded Mrs. Ray. Pres. of Council: No, I need a motion. Kim seconded; do I have a first? Mr. Sarver: So moved. Pres. of Council: There has been a motion by Mr. Sarver and a second by Mrs. Ray to move Items 10 and 11 to the end of the agenda, which would be right after Item 17; Res. 14- 2013. Do we need a roll call? Dir. of Law: Yes. 2  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. June 27, 13 Roll Call: Mrs. Kilway – yes, Mr. Maguire – yes, Mrs. Ray – yes, Mr. Sarver – yes, Mr. Sisak – yes, Mr. Stalnaker – yes. The motion carries by a vote of 6-0. nd 12. Ordinance 68-2013 At 2 Reading. FINANCE Authorizing the appropriation of funds from unappropriated fund balances and pro- viding for immediate enactment. Pres. of Council: We will move on then to Item 12; Ord. 68-2013. nd Mrs. Ray moved for the adoption of Ord. 68-2013 at 2 Reading. Seconded Mr. Stalnaker. Roll Call: Mr. Maguire, Mrs. Ray, Mr. Sarver, Mr. Sisak, Mr. Stalnaker, Mrs. Kilway – unanimous. Ord. 68-2013 is adopted by a vote of 6-0. nd 13. Ordinance 74-2013 At 2 Reading. FINANCE Authorizing the Mayor to apply for funding from the 2014 Community Development Block Grant (CDBG) Program Year and to enter into a contract for the same and pro- viding for immediate enactment. nd Mrs. Ray moved for the adoption of Ord. 74-2013 at 2 Reading. Seconded Mr. Sarver. Dir. of Law: Mr. Maguire, if I could just have you note for the record the time that Mr. Donovan arrived. Pres. of Council: Mr. Donovan just arrived at 7:17 p.m. Roll Call: Mrs. Ray, Mr. Sarver, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 74-2013 is adopted by a vote of 7-0. nd 14. Ordinance 75-2013 At 2 Reading. PLANNING & ZONING Amending Ordinances 79-1991 and 155- 1990 to applicant, Summit Racing Equip- ment, Owner, Big Zilla Development, LLC, for a conditional zoning certificate for special nonresidential development at 1200 Southeast Avenue by granting conditional zoning approval for parking lot expansion. nd Pres. of Council: Ord. 75-2013 is at 2 Reading and will remain before the Planning & Zoning Committee. nd 15. Ordinance 76-2013 At 2 Reading. PLANNING & ZONING Extending the approved conditional zoning certificate for special non-residential devel- opment at 1134 North Avenue for two years for use as a nursing home, dementia, and assisted living facility and providing for immediate enactment. nd Pres. of Council: Ord. 76-2013 is at 2 Reading and will remain before the Planning & Zoning Committee. st 16. Resolution 13-2013 At 1 Reading. COMMUNITY ISSUES/SAFETY A resolution declaring the month of August 2013 Summit Kids Month in the City of Tall- madge and encouraging the citizens of the City of Tallmadge to join in this acknow- ledgement, and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Res. 13-2013. Seconded Mrs. Kilway. Mayor: This is actually sponsored by the County Executive and he is requesting that all of Summit County communities do a resolution of support of this program. So this is done by the County. Voice vote 7-0. Res. 13-2013 is adopted by a vote of 7-0. st 17. Resolution 14-2013 At 1 Reading. Extending the sympathy of the Council and Administration to Greg Chaplin and mem- bers of his family in the death of Glen D. Chaplin and providing for immediate enact- ment. 3  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. June 27, 13 Mr. Stalnaker moved for the adoption of Res. 14-2013. Seconded Mr. Donovan. Mayor: Greg Chaplin is a member of our Heritage Commission. He has been on that for some period of time and does a great job for us. This is his father. Voice vote 7-0. Res. 14-2013 is adopted by a vote of 7-0. Pres. of Council: I was just going to give Mr. Donovan a heads up. Jim, since you are the Chair for Ord. 61 and Ord. 62-2013; we moved these items to the end of the agenda so you could be present when we covered those two matters. Mr. Sarver: How many votes does it take for an ordinance to go into immediate effect? Dir. of Law: This is a Zoning ordinance and so it goes into effect at the earliest period allowed by law, which is 30 days. Mr. Sarver: So, no matter how many votes, as long as it passes, it won’t affect when it go into effect? Dir. of Law: That’s correct. rd 10. 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. Mr. Donovan moved for the adoption of Ord. 61-2013. Seconded Mrs. Ray. Roll Call: Mr. Sarver, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Ray – unanimous. Ord. 61- 2013 is adopted by a vote of 7-0. rd 11. Ordinance 62-2013 At 3 Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate for special nonresidential 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. Pres. of Council: Because of a conflict, I am going to pass the gavel to Mr. James Donovan. Dir. of Law: Just for the record, I know that it has been stated before, but so it is clear for these minutes, the conflict of interest was a fiduciary relationship. Pres. of Council: Correct. Mr. Sarver: I don’t think the ordinance was introduced. I don’t think we said what ordinance this is; so, for the record; this is Ord. 62-2013. Mr. Donovan: Do we have a motion? Mrs. Ray moved for the adoption of Ord. 62-2013. Seconded Mr. Sisak. Mr. Sarver: I am going to vote against this. Somebody has to vote for the residents that live around there. That doesn’t mean that I don’t agree with this ordinance, but there were enough people who objected to it that my vote is going to be nay. I realize that it is probably going to pass anyways, but I just wanted to clarify and I have already talked to Mr. Rocco, but I just wanted to clarify my vote. Thank you. Roll Call: Mr. Sisak – yes, Mr. Stalnaker – yes, Mr. Donovan – yes, Mrs. Kilway – yes, Mr. Maguire – abstain, Mrs. Ray – yes, Mr. Sarver – no. Ord. 62-2013 is adopted by a vote of 5-1 with one abstention. Pres. of Council: I will entertain a motion that we go into Executive Session. Mrs. Ray: I would move that move into Executive Session to discuss pending litigation. Seconded Mr. Sarver. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Ray, Mr. Sarver, Mr. Sisak – unanimous. Voice vote 7-0. Council moved into Executive Session at 7:25 p.m. Pres. of Council: We are back on the floor and it is 7:40 p.m. 18. ADDITIONAL ITEMS: None. Mayor: I apologize; I did not bring it up in the Mayor’s Report, but starting tomorrow morning, the Community Survey will be on our website. You will see it advertised in the Tallmadge Express this weekend. It is part of the Comprehensive Plan. So I encourage all of the Council members to go on the Tallmadge website front page and just click and follow the survey and fill it out and then tell your friends. Those of you who do not have computers; we have paper copies in the Mayor’s office and that will be directed in the Tallmadge Express that they can come in and fill one out and then we will add it to the system. Thank you. 4  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. June 27, 13 19. ADJOURNMENT: Mr. Donovan moved to adjourn. Seconded Mrs. Kilway. Voice vote 7-0. The Regular Council meeting of 6-27-13 adjourned at 7:44 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton Robert D. Maguire Clerk of Council President of Council 5