Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:00 p.m. February 13, 14 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, February 13, 2014 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, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – present. Also present were Mayor Kline, Dir. of Finance Shanafelt, Dir. of Law Raber and Clerk of Council Burton. 4. MINUTES: 1-23-14 Regular Council Meeting Minutes. Mr. Rensel moved to adopt as printed. Seconded Mrs. Ray. Voice vote 7-0. The Regular Council Meeting minutes for the 1-23-14 Council meeting were adopted by a vote of 7-0. 1-9-14 Organizational Meeting Minutes. Mrs. Ray moved that the Organizational Meeting minutes be adopted as presented. Seconded Mr. Sisak. Voice vote 7-0. The Organizational Meeting minutes were adopted by a vote of 7-0. FINANCIAL REPORTS:  SMR Transfer in the amount of $500,000 to Council on 1-30-14.  Fire Transfer in the amount of $150,000 to Council on 1-30-14.  Fire/EMS Capital Fund Transfer in the amount of $30,000 to Council on 1-30-14.  Police Pension Transfer in the amount of $55,000 to Council on 1-30-14.  Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 1-31-14 to Council on 2-4-14.  Tallmadge Recreation Center Profit and Loss Report for the period ending 1-31-14 to Council on 2-6-14.  Income Tax Comparisons for the period ending 1-31-14 to Council on 2-6-14.  January Financial Reports to Council on 2-11-14. Mrs. Ray moved for the approval of the Financial Reports submitted by Dir. of Finance Shanafelt. Seconded Mrs. Kilway. Voice vote 7-0. The Financial Reports submitted by Dir. of Finance Shanafelt were approved by a vote of 7-0. 5. PUBLIC HEARINGS: rd Ordinance 26-2014 At 3 Reading. PLANNING & ZONING Amending and supplementing Ordinance P.H. ON 2-13-14 @ 7:03 P.M. 32-1982 to vacate the remaining portion P&Z REC. APPROVAL 3-0 of Sunrise Street not needed for municipal purposes. Pres. of Council: It is now 7:04 p.m. and I call to order the public hearing for Ord. 26-2014. Is there anybody who would like to speak in favor of Ord. 26-2014? No one responded. Is there anyone who would like to speak against Ord. 26-2014? No one responded. Second time; is there anybody who would like to speak in favor of Ord. 26-2014? No one responded. Against? No one responded. Third and final time; is there anyone who would like to speak for or against Ord. 26-2014? No one responded. It is now 7:05 and I close the public hearing. Mr. Sisak. Mr. Sisak: I would like to call to order the Planning & Zoning Committee; myself, Mrs. Ray and Mrs. Kilway are present. Based on the input or lack thereof for this evening; we recommended to poll tonight and what would you recommend? Mrs. Ray: I would recommend that we adopt Ord. 26-2014. Mrs. Kilway: Yes, I agree. Mr. Sisak: I am also in agreement. Is there anyone else on Council or in the Administration who would like to comment? Mayor: Since the students are here. This is a public hearing that is required by law to have a public hearing on a zoning matter and this is a zoning matter and so the public had the opportunity to come in and say that they were for or against the project. That is why they kept looking at you because it was the time to speak on it. It is a zoning matter and so it has to have a public hearing and so that is the process that they went through. Mr. Sisak: I would like to go ahead and make a recommendation for approval 3-0. I close the Planning & Zoning Committee. I would like to now make a motion to approve Ord. 26-2014. Seconded Mrs. Ray. Mayor: Thank you. Sunrise is a little stub street down on West Avenue. This is really . . . I am very excited about vacating this road for the purpose of Martin Wheel being able to expand their business. As you know; Martin Wheel has been coming back and forth to Council for numerous times over the last many years to expand their business and the last time was expanding towards the residential property down on Overdale Drive and now with this expansion; they are able to purchase the property to the west of them and they will not encroach so much onto the residential, but move down on West Avenue and so I think it is good for the whole neighborhood and great for economic development and great for Martin Wheel and good for the residents of Overdale. Thank you Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 26-2014 is adopted by a vote of 7-0.  REGULAR MEETING in Council Chambers @ 7:00 p.m. February 13, 14 6. COMMUNITY INPUT: Pres. of Council: Tallmadge City Council meets the second and fourth Monday’s and Thursday’s of the month. Monday’s are the Committee meetings where we discuss the legislation. Thursday is our business meeting where we vote on legislation. On Monday’s we have pretty much an unlimited time for community input, but on Thursday’s we do allow three minutes if anybody would like to address Council; you are welcome to do so now. No one responded. Mr. Stalnaker: Again, I would like to congratulate the Reverend on the attendance of his church. That is fantastic on Sunday mornings. Very good. 6.A. ANNOUNCEMENTS: None. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: None. Pres. of Council: At this time I would make a motion to go into Executive Session. Dir. of Law: You can state the purpose as well. Pres. of Council: For the purpose of pending litigation. Mr. Sisak: So moved. Seconded Mrs. Ray. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. The Council moved into Execution Session to discuss pending litigation by a vote of 7-0. The time was 7:10 p.m. Pres. of Council: It is now 7:27 p.m. and we are back on the floor. We will move on to Item 9. 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, DIRECTOR OF LAW AND ECONOMIC DEVELOPER. Mayor: I will be very brief. Last week we had a public meeting inside City Council chambers for the North Avenue Improvement Project as you can see by the panels that are around City hall and hanging up there on the wall. That is the North Avenue Project from the Circle to just north of Heritage Drive. That is the scope of the project. That is the AMATS/ODOT project. They will be widening North Avenue. At that meeting we did get a lot of opposition about the bike lane. That is what the meeting was all about and so . . . there was a petition that was submitted to us this week with all signatures except two and those two folks weren’t there asking us to reconsider the bike lanes because of the land taking of up to five feet on the properties. So, we are looking at that and taking that under advisement and that is what the public hearing was all about. Also last night in Council Chambers we had a public meeting for the Tallmadge Towne Center. That is the project next door. We did have a couple of residents that came in. It was very informative and I am happy to say that Testa Developers are going forward with th submitting on February 20 to go with the senior complex; the tax credit building and that is part of the Resolution 7-2014 tonight and I would ask for your consideration in adopting that this evening and that is for support. It is the same resolution that we passed last year for them to apply. The language is basically the same. It is slightly different, but we are ready to go on that. Also, tomorrow the Rec Center is having its ten year anniversary actually on Valentine’s Day and we are having a rededication at 10:00 a.m. with the ribbon cutting and all are welcome to come to that and then there will be a celebration starting at 6:00 a.m. until 6:00 p.m. If you want to stop by and get cake and punch and cookies; you are welcome to do that. Ten years later . . . it seems like we just opened the door yesterday. Again, I am asking you to adopt Item No. 20; Resolution 7-2014. Mr. Esler has the flu and Mr. Loughry is out of town. Mr. Sisak: Can I ask the Mayor a question or suggestion for tomorrow’s events at the Rec Center? You may want to consider granola bars and healthy stuff instead of cake and punch. It’s just a thought! Thank you Mr. Rensel: Thank you. Mr. Mayor; in the absence of the Service Director; in the past when we have had these kinds of snow falls, on the thoroughfares we have had the City go down and remove or take down the banks of snow that they had. Is there any . . . Mayor: Take down the banks that are impeding sight distance? Mr. Rensel: The City property just off of the curbs. Mayor: We push back the snow and they have been doing that all week where they are going back to the curb line . . . Mr. Rensel: Yeah, but what they have done is that they have pushed some onto the sidewalks and the other . . . and I think there are only two or three incidents at least in my area where the driveways are side by side because you helped design the road that went in there and because there are two driveways coming out; it piles the snow up like a mountain between them and it makes it almost impossible to see and then the mailboxes along and the fire . . . that was the other issue was the fire hydrants. They are almost buried and the City went down and at least cleaned them out within a perimeter of them. Mayor: We take it on complaints and so if you have an area that you think we need to take a look at, feel free to give us a call or call down to 210 Osceola or call me and we will get someone out to take a look at it for you. The fire hydrants; that is common sense to all of us; I did mine across the street of my house to make sure that we can find them, but I know that East Avenue is a tough location because of the amount of road; it is three lanes in some areas . . . 2  REGULAR MEETING in Council Chambers @ 7:00 p.m. February 13, 14 Mr. Rensel: There are older people on there too. It is not just a . . . thank you for your consideration. Pres. of Council: I have a quick question on the bike lanes and the five feet; is there a reimbursement to the property owners for the property? Mayor: If the property is taken; there is definitely reimbursement. It is a process that goes through that you have it professionally appraised and you negotiate with the property owner and they get whatever the appraisal is by the State of Ohio. Pres. of Council: I just wanted to clarify that it is not just the taking of it. There is a reimbursement of some sort for it. Mayor: It is a taking, but it is . . . at the rate that is appraised. I will be honest with you that we are seriously looking at just eliminating the bike lanes on North Avenue and looking at creating better lanes on Northeast Avenue because the Freedom Trail is connected to that. This lane goes up to . . . and if you don’t start them somewhere; you are never going to get them going just like we talked about sidewalks. If you don’t put sidewalks in, you will never get the sidewalks connected. In talking to the State regarding State Route 91, the State is also concurring that they are OK with dropping the bike lane on this section. Pres. of Council: There are sidewalks there too. Mayor: There are sidewalks and they will be brand new sidewalks. Mr. Sisak: Another question for the Mayor. I had been looking at the space between the road and the sidewalk on North Avenue regarding this project and it looks like that strip is approximately four to five feet and so these people aren’t losing a lot . . . it doesn’t appear they would be losing a lot of property so to speak. It may be more in some areas and less in others. Mayor: It is typically five feet. Mr. Sisak: Five feet. I know that the telephone poles are going to be on the house side of the sidewalk. I don’t know if maybe that would be a tipping point for the residents if we could get those utility poles on the road side with the bike lane . . . you know it would be . . . Mayor: The poles have to go in the back of the right-of-way. Mr. Sisak: OK because I don’t think that is where they are right now. Mayor: Just by eliminating the bike lane; we don’t have to take property, but it will still be a nice devil’s strip; brick inlaid from the Circle up to Overdale with street lights. We are not going to put street trees in, but lamp posts that have hanging light baskets like we did around the Circle with the watering mechanism to go up. Mr. Stalnaker: Northeast Avenue has the area for bicycles? Mayor: Correct. Well, that is what we are looking at on Northeast Avenue. They don’t exist now, but the Freedom Trail connects down there and so it is easier to do a wider berm or do something on that. Dir. of Finance: Thank you Mr. President. I just have a brief report this evening. We have completed January of 2014 and we are 8.3% of the way through the year and I say that for comparison sake when I read off other percentages as we go along. The General Fund collected 9% of the annual estimate. Income Tax collected 9.6% of the annual estimated revenue. Our General Fund Unencumbered Balance is $5,366,419. The Rec Center net operating profit for the month of January was $34,891. We received $41,404 in Local Government Funds. The Fire Fund Unencumbered Balance is $114,592. The Street Maintenance Unencumbered Balance is $51,784. The Sewer Operating balance is a little over $1.2 million. The Water Operating balance is a bit over $1.5 million. The Storm Water is at 10.6% of the projected revenue and that brought in $32,936. I will entertain any questions. Mr. Rensel: Mr. Shanafelt; when we raise the rates on the sewer; I believe it is effective in the second quarter right? Dir. of Finance: It is in March, but we actually saw the effect about six months after or whenever cycled through by that time. Mr. Rensel: So, my questions is; are we going to be collecting money in advance of the time that we actually have to pay the City of Akron or will they have already billed us? Mayor: You are referring to the new increase that we just announced? Mr. Rensel: Yes sir. Mayor: That does not go into effect until March. Our sewer bill will start in February and so we are actually behind a month. Mr. Rensel: You are in arrears to the . . . Mayor: Part of the notification to Council is that we must notify Council 30 days in advance of raising the rates and so that is why we had to delay it one month of going into effect even though Akron when they passed it was effective immediately. Mr. Rensel: So Akron has already started to bill us? Mayor: Yes. 3  REGULAR MEETING in Council Chambers @ 7:00 p.m. February 13, 14 Dir. of Law: Thank you. I will keep this brief. I would ask for your consideration of Ord. 36- st 2014 for adoption at 1 Reading this evening. rd 10. Ordinance 99-2013 At 3 Reading. PERSONNEL Clarifying and defining personnel benefits and policies for non-collective bargaining employees and providing for immediate enactment. Mrs. Kilway moved for the amendment of Ord. 99-2014 specifically Section 2.07 in reference to the part-time employees paid time off increasing the minimum hours worked to 3,000. Seconded Mrs. Ray. Dir. of Law: You do have the amended ordinance before you this evening. Roll Call: Mr. Rensel – Mr. Rensel: Mr. President; I have a question for the Law Director. By amending it; we are not nd putting it back to 2 Reading? nd nd Dir. of Law: You are putting it back to 2 this evening and then you would be adopting it at 2 Reading. Mr. Rensel: And that is not a problem for you as the Director of Law to have it? Dir. of Law: It is not one of the ones that has a per say requirement of three readings. Mr. Rensel: OK. Thank you. Roll Call (Cont’d.) Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 99-2013 has been amended by a vote of 7-0. Mrs. Kilway moved for the adoption of Ord. 99-2013 as amended. Seconded Mrs. Ray. Mayor: I would like to thank Council for their consideration on this and the work that Mrs. Kilway and Mrs. Ray and the other Council folks have worked on in meetings with us on this. I think you can get a great understanding of what this ordinance is all about and to the committee with the Finance Director and the Law Director . . . we worked on this for quite a long time. It is not an easy ordinance to work on because it affects everybody’s personal lives and that is what the Personnel and Benefit Package is all about. I do think that there were some good changes in there and not all of the people are happy with it, but not all people are upset with it either and so that must mean that it is a good ordinance. So, thank you for your consideration. Roll Call: Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 99-2013 is adopted by a vote of 7-0. nd 11. Ordinance 28-2014 At 2 Reading. FINANCE Accepting the safety grant from the Ohio Bureau of Workers’ Compensation authorizing the Mayor to enter into the necessary agreements for the purchase of two power cots and two power load systems through State Purchasing or Local Preference as allowed by ordinance appro- priating the necessary funds and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 28-2014. Seconded Mr. Stalnaker. Mrs. Ray: Mr. Donovan, I would simply like to commend the City Administration and the folks at the Fire Department for the work that went into securing this grant. It is my understanding that there is a process that needs to have gone through and I would just like to congratulate them for the award. Roll Call: Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 28-2014 is adopted by a vote of 7-0. nd 12. Ordinance 29-2014 At 2 Reading. FINANCE Amending Section 123.03 and Chapter 143 related to competitive bidding and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 29-2014. Seconded Mr. Stalnaker. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 29- 2014 is adopted by a vote of 7-0. 4  REGULAR MEETING in Council Chambers @ 7:00 p.m. February 13, 14 nd 13. Ordinance 30-2014 At 2 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to negotiate and the Mayor to contract for various policies of insurance for the City and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Ord. 30-2014. Seconded Mrs. Kilway. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – unanimous. Ord. 30-2014 is adopted by a vote of 7-0. st 14. Ordinance 31-2014 At 1 Reading. PLANNING & ZONING Amending Ordinance 103-2012 approving and granting a conditional zoning certificate for special nonresidential development to applicant Mota Design Group, Inc. on behalf of owner Circle North LLC at 76 North Avenue. st Pres. of Council: Ord. 31-2014 is at 1 Reading and is assigned to the Planning & Zoning Committee. st 15. Ordinance 32-2014 At 1 Reading. PLANNING & ZONING Amending the zoning map by rezoning the P.H. ON 4-10-14 @ 7:03 P.M. property of applicant Edward A. Siciliano- Circle Mold and Machine Incorporated on behalf of owners Edward A. Siciliano and Agnes F. Sciliano from Commercial-4 to Industrial-1 consisting of approximately 0.320 acres located at 95 South Thomas Road. st Pres. of Council: Ord. 32-2014 is at 1 Reading and is assigned to the Planning & Zoning Committee. st 16. Ordinance 33-2014 At 1 Reading. FINANCE Authorizing participation in the Ohio Schools Council’s Cooperative Purchasing Program and providing for immediate enactment. st Pres. of Council: Ord. 33-2014 is at 1 Reading and is assigned to the Finance Committee. st 17. Ordinance 34-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Mayor to enter into a mutual assistance and aid agreement with multiple municipalities for the Summit Metro Crash Response Team and providing for imme- diate enactment. st Pres. of Council: Ord. 34-2014 is at 1 Reading and is assigned to the Public Service Committee. st 18. Ordinance 35-2014 At 1 Reading. FINANCE Authorizing the Director of Finance to issue blanket certificates for purchases not to exceed $50,000 and providing for imme- diate enactment. st Pres. of Council: Ord. 35-2014 is at 1 Reading and is assigned to the Finance Committee. st 19. Ordinance 36-2014 At 1 Reading. Authorizing the Director of Law to enter into an agreement with Mazanec, Raskin, & Ryder, Co., L.P.A. as legal counsel in the matter of Myers, et al. V. Tallmadge, et al. and providing for immediate enactment. st Mrs. Ray moved for the adoption of Ord. 36-2014 at 1 Reading. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 36-2014 is adopted by a vote of 7-0. 5  REGULAR MEETING in Council Chambers @ 7:00 p.m. February 13, 14 st 20. Resolution 7-2014 At 1 Reading. PLANNING & ZONING Expressing support of Testa Enterprises, Inc. on behalf of the owner, Circle North LLC, to develop and construct a mixed use development that includes an affordable senior housing component at 76 North Avenue and providing for immediate enactment. st Mrs. Ray moved for the adoption of Res. 7-2014 at 1 Reading. Seconded Mr. Sisak. Voice vote 7-0. Res. 7-2014 is adopted by a vote of 7-0. st 21. Resolution 8-2014 At 1 Reading. Extending the sympathy of the Council and the Administration to Carol Fuchs and members of Bernie Fuchs’ family in the death of Bernard John Fuchs and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Res. 8-2014. I will probably yield to the Mayor. Seconded Mr. Sisak. Mayor: As we all know, Mr. Fuchs’ calling hours are actually going on as we speak. They are over at 8:00 p.m. and his funeral is tomorrow at 11:00 a.m. over at Our Lady of Victory Church across the street. Bernie Fuchs was a great Tallmadge citizen. He was really what you would call a leader in this community and a pillar in this community. He worked on City Council, Planning & Zoning, the Civil Service Commission, and Tallmadge Rotary. The list goes on and on. He was Lifetime Achievement Award recipient. Knowing Bernie and golfing with Bernie so many times; we would take him on trips out of town and he could hang with the best of them. It is a sad day, but it is really a happy day because knowing Bernie who had a stroke; it was not Bernie laying there in that bed. I think he is now playing golf up there in heaven. We will sadly miss Bernie and for his family, if there is anything the City can do. Ann Fuchs was his first wife who also passed away. She worked for the City in the Law Department for many years and for his new wife, Carol; whatever we can do to help, but they know that. Voice vote 7-0. Res. 8-2014 is adopted by a vote of 7-0. 22. ADDITIONAL ITEMS: There is a Richardson Trust Fund meeting following this meeting. 23. ADJOURNMENT: Mr. Rensel moved for adjournment. Seconded Mr. Sisak. Voice vote 7-0. The Regular Council meeting adjourned at 7:52 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James M. Donovan Clerk of Council President of Council 6