Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:00 p.m. May 28, 15 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, May 28, 2015 to order at 7:00 p.m. 2. PRAYER: Fr. Mike Matusz, Our Lady of Victory Church, Tallmadge. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mrs. Kilway, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – present. Also present were Dir. of Finance Shanafelt, Dir. of Law Raber, Economic Developer Loughry and Deputy Clerk of Council Conti. Mrs. Ray and Mr. Rensel were excused. Mayor Kline and Dir. of Pub. Service Esler were on vacation. 4. MINUTES: None. FINANCIAL REPORTS: None. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Pres. of Council: Tallmadge City Council meets on the second and fourth Thursday’s of the month for the Regular Council meetings and the preceding Monday’s are the Council Committee meetings. At the Committee meetings, legislation is discussed thoroughly with Council deciding to adopt, amend, reject, hold or table the legislation. We do allow time for community input at this point in the meeting. Is there anyone who would like to address Council, please come forward and state your name and address. Mr. Mahaney, Trustee of the Tallmadge Historical Society. The reason for my visit is to present the City of Tallmadge with a 1938 USDA Aerial that actually covers the original Township area, but is a good composite of about 12 photos taken during the summer of 1938 that shows the area of the then Village. Some of the overlays show the current political boundaries in the area and also here is Interstate 76 reference area and the original Tallmadge Township corners. I think this should not only be of historical curiosity but also should be of some benefit to Planning & Zoning if you need to look at property as early as photographic of what it was used for and what I think you will see the area that was then Tallmadge Village and it was mostly vacant acreage or farm land. So, do you have any questions? Pres. of Council: Yeah I do. How did the picture come to be? I mean . . . Mr. Mahaney: OK, I had obtained a disc on Summit County Soil and Water and the Planning Department of the City of Green and they had the capabilities of printing something that large. So I first had one done for the Tallmadge Historical Society and I guess during the Tallmadge Expo, the Mayor and others liked what they saw and inquired about getting one. Pres. of Council: Well, thank you, I appreciate your efforts. That is great. Mr. Mahaney: Are there any other questions? No one responded. 6.A. ANNOUNCEMENTS: None. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: None. 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, DIRECTOR OF LAW AND ECONOMIC DEVELOPER Dr. Pascarella: Thank you Mr. President. Dave couldn’t be here this evening, but he had a couple of things that he had asked for me to bring to your attention. First was that he asked for me to recognize various organizations and the various City Departments, in particular the Police and Fire and Service Departments for all of their efforts of this past weekend; Memorial Day weekend and the great outcome from those efforts. Also, I wanted to remind everyone that Maca Pool is opening this Saturday, May 30th. Then I had one other item that I wish to mention and that is, and Steve may be bringing it up, and that is that Auditor Yost’s Office is having a briefing session this Wednesday, June 3rd at 11:00 a.m. and they are actually holding that briefing here in City Hall. They will be talking about some things that are going on at the State level and some things affecting municipalities and that is open to a variety of public officials from Mayors to any policy maker. So, I don’t know how many of you can get away from work at 11:00 a.m., but if you want to, you are certainly welcome to peak your head in. Pres. of Council: What day was that? Dr. Pascarella: It is at 11:00 a.m. on Wednesday, June 3rd. Dir. of Pub. Service: No report. Dir. of Finance: Thank you Mr. President; I have nothing to report this evening. Dir. of Law: Would you like me to address the answers to the questions for Ord. 47-2015 now or when we get to Ord. 47-2015? That was the water tower question. Pres. of Council: Now would be fine. Dir. of Law: I did pull the original lease agreement. We entered into the original lease back in 1997. The initial term and the terms that remain; it was an initial term of 60 months with five additional 60-month renewal terms. That has been amended and adopted and so with each amendment, they have continued to increase the terms. To terminate the contract, we just need to give a 365 day notice and so we do need to give a year’s notice in order to terminate the contract, but we are able to do that if at a later date we decided that we would not want that revenue to be generated and I believe those are the answers to the questions that you had and so if there are any others? Mrs. Kilway: What are the terms for them to terminate the contract? Dir. of Law: The same.  REGULAR MEETING in Council Chambers @ 7:00 p.m. May 28, 15 Mrs. Kilway: The same; OK, so if they decide that they want to say forget it, they have to give us 365 days? Dir. of Law: Although probably the initial notice for this particular negotiation actually dates back to several months ago; March it looks like when we began talking to them about it. Mrs. Kilway: So when is their current 60 months up? Dir. of Law: I don’t know. Mrs. Kilway: That’s fine. Dir. of Law: I did not do all the calculations on that. Economic Developer: Thanks. First on the list is Seven Grains and they have asked to have their liquor license amended and expanded. They presently can sell wine and they sell it for off-premise consumption and they would like to add the ability to do the same for beer. I went and met with the owner and that is all they really want to do is add beer to sell in the store and to the public. So, I don’t see a need for a hearing, but that would become Council’s decision on that. So that is one. We received a notification from Kenda Tire; Kenda is the parent corporation that owns Martin Wheel on West Avenue and for the last year Kenda has had about 13 employees, all engineers, working temporarily out of that office and until they pick a permanent location to set up an R&D center for the United States for this region, they chose to move that to an existing building in Green and so we received the letter today, actually on Monday, that they are going to move those jobs down to Green and so that is that. Then we have a company at 461 Commerce Drive that is going to be on the Planning & Zoning agenda for a 6,000 square foot building addition. So that’s good. We continue to have growth with our manufacturers. End of report. Dir. of Law: Before we proceed with that, I would like to ask Council if you could determine whether or not, or talk amongst yourselves and poll on whether or not you want us to request a hearing or not request a hearing for the extension of the liquor license to Seven Grains for the ability to sell beer at the location. Pres. of Council: This is really handled through the State as far as the licensing right; it is just whether we want to have a public hearing? Dir. of Law: Right; we don’t hold the public hearing; it is a matter of us requesting that the State hold a public hearing and then I, as the representative for the City, would go to the hearing to voice concerns of Council if you believe that there are concerns and that would be the reason why you would want to request the hearing or not. We don’t actually make the determination as to whether or not they are permitted and we don’t really vet the process; we just raise any issues or concerns at a hearing. Pres. of Council: So the last couple of times we have foregone the public hearing section of that? Dir. of Law: That is correct. Pres. of Council: I would make a motion that we do not have a public hearing. There are five of us here; is that enough? Dir. of Law: Yes. Do I have a second? Mrs. Kilway: I would second that. Pres. of Council: All in favor of not having a public hearing? Voice vote 5-0 to not request a public hearing (on Seven Grains application). Mr. Stalnaker: Dennis; anything on Danbury? Anything recently? Economic Developer: Nothing . . . that I haven’t reported. They are looking to increase or move up their dig date to July 1st. If you remember, initially they were hoping to around the end of September and so that is significant. That is that and what I can tell you is that there is a lot of interest in a lot of additional vacant land parcels both in the City; Summit County and Portage County, but nothing that I can report on this evening. Mr. Stalnaker: We are going ahead with Bob’s Big Boy? Economic Developer: Mr. Mosholder and Mr. Jaber both told me within the past week that they expect to have the demo permit within two weeks and then the shell permit within two or three weeks and so they will do the demo first and then do the exterior shell and then at that point probably each tenant will bring in their own construction company to do the interior build- out. Mr. Stalnaker: Is there any update next door? Economic Developer: They should have word on their funding on the residential portion of the project June 18th I believe that is the date and that is Joel Testa’s portion of the project. His father, Paul, told me that he needs to get started right away on the medical building and I told him that he needs to get in here and start the process. Mr. Stalnaker: Yeah, Paul will move. 2  REGULAR MEETING in Council Chambers @ 7:00 p.m. May 28, 15 10. Ordinance 30-2015 At 3rd Reading. PLANNING & ZONING Approving and granting a conditional P&Z RECOMMENDS 5-0 zoning certificate for special nonresidential development at 1077 East Avenue for AMEND 3-0 construction of a barn and fence to house seven male alpacas. Mr. Sisak moved to amend Ord. 30-2015. Seconded Mrs. Ray. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 30-2015 is amended by a vote of 7-0. 11. Ordinance 36-2015 At 3rd Reading. (Exhibit) PUBLIC UTILITIES Authorizing the Mayor to enter into a POLL/ADOPT 3-0 cooperative agreement with the Ohio Water Development Authority for planning and financing of the South Avenue Waterline from Ferguson Drive to the south corpora- tion limits and providing for immediate enactment. Mr. Rensel: As Chair of Public Utilities, I would like to poll the committee; Mrs. Ray and Mrs. Kilway. I am now going to ask the Mayor if we are ready to go with this. Mayor: Yes we are. Mr. Rensel: Committee; what say you? Mrs. Ray: That’s fine. Mrs. Kilway: Yes. Mr. Rensel: Public Utilities recommends adopting Ord. 36-2015 by a vote of 3-0. I am making a recommendation first. I am making a recommendation to adopt. Then it goes back to the Clerk. I close the committee; sorry. Pres. of Council: The committee is closed; is there a motion? Mr. Rensel moved to adopt Ord. 36-2015 at 3rd Reading. Seconded Mrs. Ray. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 36- 2015 is adopted by a vote of 7-0. 12. Ordinance 38-2015 At 3rd Reading. FINANCE Authorizing declarations of official intent ADOPT 3-0 under U.S. Treasury regulations with respect to reimbursements from note and bond proceeds of temporary advances made for payments prior to insurance, and related matters, and providing for imme- diate enactment. Mrs. Ray moved for the adoption of Ord. 38-2015. Seconded Mr. Sisak. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 38-2015 is adopted by a vote of 7-0. 13. Ordinance 40-2015 At 3rd Reading. FINANCE Bond Purchasing Agreement ADOPT 3-0 Bond Registrar Agreement Continuing Disclosure Agreement Escrow Agreement FOC Ltr. from Squire to Dir. of Finance An ordinance providing for the issuance and sale of bonds in the maximum principal amount of $3,100,000 to advance refund at a lower interest cost certain of the City’s outstanding various purpose bonds, Series 2006, dated March 1, 2006, that were issued for the purpose of paying a portion of the costs of constructing a new recreation facility; authorizing the call for optional redemption of the refunded bonds; authorizing execution and delivery of a Bond Registrar Agreement, Escrow Agreement and Bond Purchase Agreement; and authorizing the preparation, use and distribution of preliminary and final official statements and related matters, and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 40-2015. Seconded Mr. Sisak. Roll Call: Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 40-2015 is adopted by a vote of 7-0. 3  REGULAR MEETING in Council Chambers @ 7:00 p.m. May 28, 15 14. Ordinance 41-2015 At 3rd Reading. FINANCE Authorizing the appropriation of funds form ADOPT 3-0 unappropriated fund balances for an expansion of the 2015 Paving Program and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 41-2015. Seconded Mr. Sisak. Roll Call: Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 41-2015 is adopted by a vote of 7-0. 15. Ordinance 42-2015 At 3rd Reading. PUBLIC SERVICE Amending T.C.O. 351.03 Prohibited Stand- ADOPT 3-0 ing or Parking Places and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Ord. 42-2015. Seconded Mrs. Kilway. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 42- 2015 is adopted by a vote of 7-0. 16. Ordinance 44-2015 At 2nd Reading. FINANCE Authorizing the expenditure of certain sums ADOPT 3-0 for the 2015 Memorial Day celebration in the City of Tallmadge and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 44-2015. Seconded Mr. Sisak. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – unanimous. Ord. 44-2015 is adopted by a vote of 7-0. 17. Ordinance 45-2015 At 2nd Reading. FINANCE Appropriating additional amounts for the ADOPT 3-0 advance refunding of the various purpose bonds, Series 2006 and providing for imme- diate enactment. Mrs. Ray moved for the adoption of Ord. 45-2015. Seconded Mr. Sisak. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 45-2015 is adopted by a vote of 7-0. 18. Ordinance 46-2015 At 1st Reading (Lease) 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 Ms. Tricaso moved for the adoption of Ord. 46-2015. Seconded Mr. Sisak. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 46-2015 is adopted by a vote of 7-0. 19. Ordinance 47-2015 At 1st Reading FINANCE Authorizing the Mayor to enter into a second renegotiated water tower lease agreement with AT&T Wireless PCS, Inc. through its successor in interest, New Cingular Wireless PCS, LLC, and to execute all necessary documents and providing for immediate enactment Pres. of Council: Ord. 47-2015 is at 1st Reading and is assigned to the Finance Committee. 20. Ordinance 48-2015 At 1st Reading PERSONNEL Amending Ordinance 46-2014 establishing the number of employees by department and position pursuant to R.C. 731.08 and providing for immediate enactment Pres. of Council: Ord. 48-2015 is at 1st Reading and is assigned to the Personnel Committee. 4  REGULAR MEETING in Council Chambers @ 7:00 p.m. May 28, 15 21. ADDITIONAL ITEMS: None. 22. ADJOURNMENT: Mr. Sisak moved to adjourn. Seconded Mrs. Kilway. Voice vote 7-0. The Regular Council meeting of 5-28-15 adjourned at 7:30 p.m. sb Approved: _____________________________________ __________________________________ Regina C. Conti James M. Donovan Deputy Clerk of Council President of Council 5