Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 15 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, October 22, 2015 to order at 7:00 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – present. Also present were Mayor Kline, Dir. of Finance Shanafelt, Dir. of Pub. Service Esler, Dir. of Law Raber, Economic Developer Loughry and Clerk of Council Burton. Mrs. Ray was excused. 4. MINUTES: 10-8-15 Regular Council meeting minutes. Mr. Sisak moved to approve the 10-8-15 Regular Council meeting minutes. Seconded Ms. Tricaso. Voice vote 6-0. The 10-8-15 Regular Council meeting minutes were adopted by a vote of 6-0. FINANCIAL REPORTS: None. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Pres. of Council: I would like to welcome the students who are here this evening. 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 if there is anybody who would like to address Council, please come forward and state your name and address. No one responded. 6.A. ANNOUNCEMENTS: There will be a Board of Control meeting following the Regular Council meeting. I would also like to remind everyone that Beggar’s Night will be this coming Thursday, October 29th from 5:30 p.m. to 7:00 p.m. and the Street Dance will be held at the Rec Center and will begin at 7:00 p.m. I heard through the grapevine that it is somebody’s birthday and so I guess we can announce that! Anybody want to raise your hand? Sue; I won’t say how many that is because I am within an arm’s length of it, but happy birthday from all of us. 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 Mayor: Thank you. I will be very brief tonight. I just came from an open house; sort of a private open house up at Heather Knoll Nursing Home and when you get the opportunity to go up to see their new addition; the private that they added to that facility is just phenomenal. The whole wing is just really state-of-the-art type of facility and I think we should be very proud from the City’s side with what they have done up there and they are very happy with the City. It took them a while to get to this point and remember they kept coming back and forth . . . are they going to put what wing on or what not, but it is really . . . you have to get up there and see it. Right now they are waiting for the State to do the license to it and that could take from tomorrow to the next few weeks. They are at the State’s mercy to be able to open, but they are all private rooms and are just beautiful. If you ever need a facility for a private room for rehab; that is definitely the place to go. End of report. I think you have already said that next week is Halloween. Then the budget hearing. We can talk about that when the legislation comes up; setting a time for the budget which would be either November 16th or the 18th. The 16th is a Monday night and the 18th I think is a Wednesday night. Preferably on the 16 th; it is the week before Thanksgiving and we do have a Council week of November 9 th and the 12th. Planning & Zoning, which is very busy, is on the 5th and so Monday, the 16th if Council can make it at 6:00 p.m. I think that would be better, but if you want 7:00 p.m. I am OK with that too. That or the 18th those two dates. End of report. Pres. of Council: Is everybody OK with the 16th at 6:00? Everyone agreed that would be fine. Dir. of Pub. Service: Thank you. I met with PUCO, Ohio Real Development Commission and the Wheeling Lake Erie Railroad last Thursday and they have agreed to put a railroad crossing gate at Southeast Avenue down by June Drive. It was one of the top 25 most dangerous intersections in Ohio. That is the good news. PUCO takes about 14 months to get through the paperwork and they give it to the railroad then and they can take up to 9 months to do it and they can even ask for an extension. So it is coming, but it could be up to two years. The waterline replacement on South Avenue has been completed. The roadway through that section has been repaved and striped. The water meter ERT installation is going smoothly and they are a little over half way complete. We have postponed leaf collection until next Monday because the leaves are running . . . the falling is about two weeks later than normal. There are still not a lot of piles out there and so we may just start with our own people on Monday and not bring in the temporaries until the following week.  REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 15 Dir. of Pub. Service (Cont’d.) We are going to be paving Northeast Avenue from the Circle up past the Police Station. I don’t know if you have noticed that the in-bound lane is sinking up through there. Akron is still trying to determine if they have a leak. That is where their main is. They have done some borings but they haven’t made a determination yet, but we want to take care of that yet this year. End of report. Dir. of Finance: No report. Dir. of Law: No report. Economic Developer: Well, I am glad that they all had no report because mine is lengthy! We will get right into it. As most of you know, West Avenue has been in the news recently. Martin Wheel; the City received a demo grant to help take down that old Barber pop warehouse early next year. Then that will hopefully expedite Martin Wheel to put their building addition on. The Rocco property; the vacant land and the roller rink. It went up for Sheriff’s sale a while ago at $900,000 and that was no bid; no sale. It just went up again recently for $600,000 and again, it was no bid; no sale. So now interested parties can work directly with the bank and the owner to try to put a deal together and the thought is that there will be even a reduced further appraisal going forward. That is only the vacant land. The 12 acres and the roller rink and the bread company; that building. So, also on West Avenue; the Mayor and I went to a Chamber luncheon; it was the monthly luncheon along with having some conversation with a few West Avenue business owners; they are upset; some are upset and some are angry with the inference that West Avenue is not a safe corridor to walk and I am here to make sure to do the best I can to assure everybody that West Avenue is safe and that we have business owners that have invested a lot of money and they believe it is safe. Here is what I was able to dig up. Report taken for assault on West Avenue and again, keep in mind if you would, that part of West Avenue is residential. It is not all commercial and there are two addresses that have had calls in the past for different reasons, but for assaults; year to date there have been two reports taken. In 2014 there were none. In 2013 there was one. In 2012 there were three and in 2011 there were two. So, our businesses that have invested money and depend on not only vehicle traffic, but foot traffic want us to assure our residents and the community at large that West Avenue is a safe corridor to walk. Next, Jaber Development; you should see progress with blocks being laid. Mr. Viscomi told the Mayor and I yesterday that it should be totally framed in within 30 days. I gave Council a report; actually an article that was a in a trade magazine on the Crimson Cup. That is going to be one of the tenants in Mr. Jaber’s development. They were voted the national coffee roaster No. 1 in America and that is the first time in 12 years that a roaster from Ohio has been named and so Mr. Jaber is really excited and happy about the quality of that tenant and so are we. Testa Companies will be on both the Heritage Commission and Planning & Zoning Commissions’ agendas. Mike’s Service Station is moving over to East Avenue and is going to be branded with the Gulf Oil Company and they are also going to be on the Heritage Agenda for signage and also a new roof. Next door to Mike’s Service Station is a building, 17 East Avenue, and it is on a little more than a 1/3 acre and it is also located within the Design Control District and it has just been listed for sale for $279,000. Danbury progress; they are . . . again, footers are in and they are starting to lay some block. Bierce Hardware, by the way, is getting some business on both Jaber’s and Danbury and so David is very happy about that; David Bierce. Then again, this evening, I attended the Springer Heather Knolls dedication and that was a $3 million investment; 26 beds and it created nine jobs now and possibly ten. So that is the end of my report. Thank you. Mr. Rensel: Thank you Mr. Loughry; that is a very nice update on West Avenue. Just for the record, I want it to be clear that the lady that said she was afraid to walk down West Avenue was here during a Comprehensive Planning meeting and it was her concerns that were reflected not that of my own. Number two; you covered assaults that that is good, but what about robberies? I don’t think I heard you say it included robberies. Help me out. Economic Developer: No, I did not. I did not say the word, “robberies,” I said . . . Mr. Rensel: No, I understand that. Economic Developer: I said the word, “assault.” Mr. Rensel: Yeah, right, so if we include robberies; could you go back and look up the data for that? Economic Developer: I could. I could and I will have that for you at the next Council meeting. Mr. Rensel: Sure. Thank you sir. Economic Developer: You’re welcome. Mr. Rensel: Mr. President, thank you. Pres. of Council: Is there anybody else? No one responded. 2  REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 15 10. Ordinance 63-2015 At 3rd Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate to applicant Plumbers and Pipefitters Local Union 219 on behalf of owner Lyn Kae Corporation for use as offices and educational institution for Local Union 219 offices, union hall and appren- tice training at 1655 Brittain Road. Mr. Sisak moved for the adoption of Ord. 63-2015. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 63-2015 is adopted by a vote of 6-0. 11. Ordinance 69-2015 At 3rd Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into a contract with Summit County for animal control services and providing for imme- diate enactment. Ms. Tricaso moved for the adoption of Ord. 69-2015. Seconded Mr. Sisak. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 69-2015 is adopted by a vote of 6-0. 12. Ordinance 70-2015 At 2nd Reading. FINANCE Authorizing the Mayor to enter into a con- tract without competitive bidding and through the State Purchasing Program, or as authorized by R.C. 125.04(C), with Motorola Solutions for the purchase of radio equipment, software licenses, and related equipment and providing for immediate enactment. Pres. of Council: Ord. 70-2015 is at 2nd Reading and will remain before the Finance Committee. 13. Ordinance 71-2015 At 1st Reading. FINANCE Adopting a budget for various funds of the City of Tallmadge, Ohio, for current expenses and other expenditures during fiscal year ending December 31, 2016, appropriating the necessary funds for the administration thereof, authorizing transfers between funds, and providing for immediate enactment. Pres. of Council: Ord. 71-2015 is at 1st Reading and is assigned to the Finance Committee and I will set a public hearing on 12-10-15 at 7:03 p.m. Mayor: Jim; can you set the Work Session so it is on the record? Pres. of Council: November 16, 2015 at 6:00 p.m. Mayor: In Council chambers; thank you. 14. Ordinance 72-2015 At 1st Reading. FINANCE Authorizing the Mayor to enter into an amended Memorandum of Understanding with the County of Summit and other poli- tical subdivisions for job creation, retention, and tax revenue sharing and providing for immediate enactment. Pres. of Council: Ord. 72-2015 is at 1st Reading and is assigned to the Finance Committee. 15. Ordinance 73-2015 At 1st Reading. FINANCE Authorizing the Mayor to exceed a contract with Butcher and Son Incorporated in excess of ten percent (10%) for completion of demolition of structures at 683 North Avenue and 560 East Avenue and pro- viding for immediate enactment. 3  REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 15 Dir. of Pub. Service: Mr. Chairman, we actually bid this out believing that these contracts are going to go over the $50,000 threshold and they did not, but because we did bid them; it will end up about $2,000 over what Butcher and Sons estimated and so we have to bring it to you because it is over 10% over the contract. I would like to get this adopted at 1 st Reading if possible so we can get them paid. Mr. Sisak moved for the adoption of Ord. 73-2015 at 1st Reading. Seconded Ms. Tricaso. Mayor: Mr. Chairman, if I may, the two properties, if you can see, I did put the ordinance up there and one was at 683 North Avenue and the other one was 560 East Avenue. Since we thought this project was going to go over, we did go out to public bid and we have the money in the fund, but it exceeded the bid document by the percentage; more than 10% of the bid and so you can see the total in Section 2 . . . not to exceed $2,000 for a total contract amount of $14,865.00. The project; there was a well that they found and a septic tank on the one on North Avenue that we had to deal with at that point and you can see in the WHEREAS clause, “as the project proceeded, wells and septic tanks were found on the properties resulting in additional demolition costs. That was the whole thing. We did not know that. They had to deal with that with the Health Department and close out the well properly and that was the cost for the overage. Both properties are now up for redevelopment. The one on East Avenue; there is already a homeowner that is getting ready to get the building plans to build a brand new home on that. On North Avenue; that property actually goes real deep down into the old Craig Drive and new Craig Drive and so they will be able to, with this demo, be able to get three homes instead of just one. It is a pretty nice revitalization of both of those. Pres. of Council: The total amount over is how much? Mayor: You can see in the WHEREAS clause; I think it is the 2 nd WHEREAS; the bid document was $12,865 and it exceeded that by 10% and so we are asking for an additional $2,000 not to exceed the amount of $14,865. Mr. Rensel: I just have a question. Mr. Esler or Mayor; we . . . we went over on the North Avenue; East Avenue is fine; is that what I am let to understand? Mayor: Yes, that is my interpretation. Dir. of Pub. Service: That is my understanding; yes. Mr. Rensel: OK, but when the . . . Mayor: But we had to bid them together into on package because of the . . . Mr. Rensel: Sure. Mayor: So, it was a total of one bid. Mr. Rensel: Yeah, that’s what you were trying to do; I understand that, but didn’t the bidder know that when he was bidding the property; didn’t he inspect it to know what he was going to have to . . . Mayor: Of the septic; no, they didn’t see that and we didn’t have it in the bid spec. We didn’t know it either, otherwise we would have had that in the bid document. Mr. Rensel: Makes sense. Mayor: So, we would end up paying no matter what even if it was the bid or this process. If it was 9% or 9.99; we wouldn’t be here talking about it. Mr. Rensel: Right, but all we are obligated to pay in addition to the sum that we agreed to is an additional $2,000? Mayor: Correct. Mr. Rensel: Thank you sir. Pres. of Council: Is there anything else? Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 73-2015 is adopted at 1st Reading by a vote of 6-0. 16. Ordinance 74-2015 At 1st Reading. PLANNING & ZONING Amending and supplementing Ord. 110- 1991 approving and granting a conditional zoning certificate to First Apostolic Church for an addition located at 199 South Avenue. Pres. of Council: Ord. 74-2015 is at 1st Reading and is assigned to the Planning & Zoning Committee. 17. Resolution 15-2015 At 2nd Reading. FINANCE Accepting the amounts and rates as determined by the Summit County Budget Commission and authorizing the necessary tax levies certifying them to the County Fiscal Officer and providing for immediate enactment. Mr. Sisak moved for the adoption of Res. 15-2015. Seconded Mr. Stalnaker. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – unanimous. Res. 15-2015 is adopted by a vote of 6-0. 4  REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 15 18. ADDITIONAL ITEMS: None. 19. ADJOURNMENT: Mr. Rensel moved to adjourn. Seconded Mrs. Kilway. Voice vote 6-0. The Regular Council meeting of 10-22-15 adjourned at 7:24 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James M. Donovan Clerk of Council President of Council 5