Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:30 p.m. September 14, 17 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, September 14, 2017 to order at 8:53 p.m. 2. PRAYER: Rev. Andy Alberts, Tallmadge Lutheran Church, Tallmadge, Ohio. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso – present. Also present were Mayor Kline, Dir. of Pub. Service Rorar, Dir. of Admin. Cooper, Dir. of Law Raber, Dir. of Finance Gilbride, Economic Developer Weinberg and Clerk of Council Burton. Mr. Stalnaker was excused. 4. MINUTES: 8-24-17 Regular Council meeting minutes. Mrs. Ray moved to approve the 8-24-17 Regular Council Meeting minutes. Seconded Mr. Sisak. Voice vote 6-0. The 8-24-17 Regular Council meeting minutes were approved by a vote of 6-0. FINANCIAL REPORTS: • Fire Transfer in the amount of $125,000 to Council on 8-30-17. • SMR Transfer in the amount of $125,000 to Council on 8-30-17. • Bond Retirement Transfer in the amount of $125,000 to Council on 8-30-17. • Abandon Gas Station Cleanup Grant Fund Advance in the amount of $25,000 to Council on 8-30-17. • Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 8-31-17 to Council on 9-1-17. • Tallmadge Recreation Center Profit and Loss Report for the period ending 8-31-17 to Council on 9-8-17. • Income Tax Comparisons for the period ending 8-31-17 to Council on 9-8-17. • Revenue Comparisons for the period ending 8-31-17 to Council on 9-8-17. • August Financial Reports to Council on 9-8-17. • Consolidated Investment Portfolio for the period ending 8-31-17 to Council on 9-8- 17. Mrs. Ray moved to accept the Financial Reports submitted by Dir. of Finance Gilbride. Seconded Mr. Sisak. Voice vote 6-0. The Financial Reports submitted by Dir. of Finance Gilbride were accepted by a vote of 6-0. 5. PUBLIC HEARINGS: Ordinance 56-2017 At 3rd Reading. CONTINUATION OF P.H. Amending Ord. 46-2001 and Chapter ON 9-14-17 @ 7:33 P.M. 1189.05 of the Tallmadge Codified Ordi- PLANNING & ZONING nances relating to dining establishments P&Z REC. ADOPTION 3-0-1 serving alcoholic beverages. It is now 8:57 p.m. and I call the public hearing for Ord. 56-2017 open. Is there anyone who would like to speak in favor of Ord. 56-2017? Please come to the microphone and state your name and address for the record. These meetings are recorded. Is there anyone who would like to speak against Ord. 56-2017? No one responded. Second time; is there anyone who would like to speak in favor of Ord. 56-2017? No one responded. Is there anyone who would like to speak against Ord. 56-2017? No one responded. Third and final time; is there anyone who would like to speak in favor of or against Ord. 56- 2017? No one responded. It is now 8:58 p.m. and I will call the public hearing for Ord. 56-2017 closed and I will recognize the Planning & Zoning Chair, Mr. Sisak. Mr. Sisak: I would like to call Planning & Zoning to order; myself, Mrs. Kilway and Mrs. Ray are present. After not hearing any public input, what are your recommendations Mrs. Kilway? Mrs. Kilway: I did receive several phone calls on this ordinance from established people in the City; older people in the City and they are very much in favor of this ordinance; there were several and so I say adopt. Mrs. Ray: I just wanted a clarification that Planning & Zoning adopted it by a vote of 3-0 with one abstention? Dir. of Law: Ms. Oliver abstained because of a business relationship with the property that is most likely impacted by this. Mrs. Ray: Thank you. I appreciate that Mrs. Raber. Yeah, I’m fine with adopting. Mayor: I was just going to give you the recommendation of Planning & Zoning. Mr. Sisak: My question for the Administration is how does this impact the Comprehensive Plan? Mayor: It’s part of that Comprehensive Plan. It’s the design that we have been working on for a long time. Again, it is just a tool in the toolbox that allows . . . it still has to go in front of the voters if they want that precinct if it is not voted a wet precinct now and it still has to go back to Planning & Zoning and it still has to come back to you for the conditional zoning certificate. Mr. Sisak: OK, great. I just wanted to make sure that it was collaborative with the Comprehensive Plan. Mr. Rensel: Thank you. Point of clarification; the person at the podium this evening was talking about appeals and that they would have to wait a couple of months before . . .  Mayor: That is the nursing home on Northwest Avenue. REGULAR MEETING in Council Chambers @ 7:30 p.m. September 14, 17 Mr. Rensel: That’s the nursing home? Oh, I’m sorry. I’m OK with . . . because Mayor you have talked about this ordinance. Mayor: Roger Lyons and I put this map together back and forth and now that Rita is here she has worked to get it to where we are today, and so I applaud her. Mr. Rensel: And we are not losing any of the procedures? Mayor: No. Mr. Sisak: Great; so the recommendation is to adopt 3-0? Mrs. Kilway: Yes. Mr. Sisak: I would like to go ahead and close committee. Mr. Chairman, I move to adopt Ord. 56-2017 at this time. Seconded Mrs. Kilway. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 56-2017 is adopted by a vote of 6-0. 6. COMMUNITY INPUT: Tallmadge City Council meets on the second and fourth Thursday’s of the month with the Council Committee meetings starting at 7:00 p.m. followed by the Regular Council meeting. 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 anybody would like to address Council, please come forward and state your name and address for the record. Would anybody like to address Council? No one responded. 6.A. ANNOUNCEMENTS: There will be a Board of Control meeting this evening followed by an Investment Board meeting. 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, DIRECTOR OF ADMINISTRATION AND ECONOMIC DEVELOPMENT DIRECTOR Mayor: Yes, thank you. I will be very brief. I did just attend an ODOT public meeting out at Brimfield about the I-76 Project. It was very well attended so there were a lot of people there talking about it and it is the requirement, just like we had the North Avenue ODOT Project and we had that meeting here in Council chambers and this one was in Brimfield. There were a lot of good comments at that and so they will take those comments back to ODOT in Columbus and do any modifications that they have to and then present a better plan; the plan that they are going to go forward with with the I-76 interchange upgrades. Probably a construction timeframe of 2020/2021 timeframe. All of the ordinances that have been coming out; the staff has been extremely busy. Hats off to all of the staff for these policies that they have been working on just like we adopted the Design Control District, the Personnel ordinances and you will see a safety manual coming out, the Comprehensive Plan and there were lots of hours involved in that so really kudos to the staff and the Law Department and Finance Department for all of the help that we have had on all of these ordinances. It has been a very busy time all summer long. Dir. of Pub. Service: I am going to pass on my report. I’ll bring everybody up to speed at the next meeting. Dir. of Finance: No report. Dir. of Law: I would just ask for your adoption of the Matrix Software ordinance this evening. End of report. Dir. of Administration: No report at this time. Economic Developer: I have no report this evening. Dir. of Finance: I would ask Council to consider adoption of Ord. 86-2017 at 1st Reading and we can discuss it once we get there. 10. Ordinance 67-2017 At 3rd Reading. PLANNING & ZONING Extending the conditional use permit for P&Z REC. ADOPTION 5-0 619 Northwest Avenue and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 67-2017. Seconded Mrs. Ray. Roll Call: Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 67-2017 is adopted by a vote of 6-0. 11. Ordinance 68-2017 At 3rd Reading. PERSONNEL Amending the Broad Band Compensation Plan for the non-collective bargaining employees, amending provisions related to the Compensation Board, and providing for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 68-2017. Seconded Ms. Tricaso: Roll Call: Mr. Sisak, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 68-2017 is adopted by a vote of 6-0. 2  REGULAR MEETING in Council Chambers @ 7:30 p.m. September 14, 17 12. Ordinance 69-2017 At 3rd Reading. PERSONNEL Establishing the number of employees by department and position pursuant to R.C. 731.08 and providing for immediate enact- ment. Mrs. Kilway moved for the adoption of Ord. 69-2017. Seconded Ms. Tricaso. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 69-2017 is adopted by a vote of 6-0. 13. Ordinance 71-2017 At 2nd Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into a new management agreement with the Ohio History Connection for the Tallmadge Church State Memorial and providing for immediate enactment. Pres. of Council: Ord. 71-2017 is at 2nd Reading and will remain before the Community Issues/Safety Committee. 14. Ordinance 72-2017 At 2nd Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into an inter- governmental agreement between the County of Summit and cities of Akron, Barberton, Cuyahoga Falls and Stow for the Matrix Case Management System and providing for immediate enactment. Ms. Tricaso moved for the adoption of Ord. 72-2017. Seconded Mr. Sisak. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso – unanimous. Ord. 72-2017 is adopted by a vote of 6-0. 15. Ordinance 73-2017 At 2nd Reading. PUBLIC SERVICE Repealing and replacing Tallmadge Codi- fied Ordinance Chapter 151 Recreation/ Shade Tree Advisory Commission as Chapter 151 Veterans Committee and providing for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 73-2017. Seconded Mr. Sisak. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 73-2017 is adopted by a vote of 6-0. 16. Ordinance 75-2017 At 2nd Reading. PLANNING & ZONING Approving and granting a conditional P&Z REC. ADOPTION 4-0 zoning certificate to applicant Sol Harris/ Day Architecture, on behalf of owner, the Tallmadge City School District Board of Education for educational institutions on a 40.3 acre parcel on 484 East Avenue. Mr. Sisak moved for the amendment of Ord. 75-2017; 1 through 9 on conditions and adding number 10, “That the applicant/owner work with the City of Tallmadge to design and construct a properly cul de sac for emergency vehicles at the end of North Elm Avenue and install a gate to prevent traffic flow at the applicant’s discretion on the west side of the cul de sac.” Seconded Mrs. Kilway. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 75-2017 is amended by a vote of 6-0. 17. Ordinance 76-2017 At 2nd Reading. FINANCE Amending and supplementing Ord. 35-2017 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 76-2017. Seconded Mr. Sisak. Roll Call: Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 76-2017 is adopted by a vote of 6-0. 3  REGULAR MEETING in Council Chambers @ 7:30 p.m. September 14, 17 18. Ordinance 77-2017 At 2nd Reading. PLANNING & ZONING Approving and adopting a revised Com- P.H. ON 10-12-17 @ 7:33 P.M. prehensive Plan for future development in WORK SESSION ON 9-20-17 the City. @ 6:00 P.M. Pres. of Council: Ord. 77-2017 is at 2nd Reading and will remain before the Planning & Zoning Committee. Mayor: Just a reminder that there will be a Work Session next Wednesday at 6:00 p.m. in Council Chambers with Planning & Zoning and Council. There is an exhibit attached to that ordinance that is 27 pages long and it is the document. Mr. Sisak: 27. Mr. Rensel: Can we get a printout of that prior to the meeting? Clerk of Council: I can print it out for all of you. Mr. Rensel: Thank you. 19. Ordinance 78-2017 At 2nd Reading. COMMUNITY ISSUES/SAFETY Establishing an Ad Hoc Circle Park Decorating Committee and providing for immediate enactment. Ms. Tricaso moved for the adoption of Ord. 78-2017. Seconded Mr. Sisak. Roll Call: Mr. Sisak, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 78-2017 is adopted by a vote of 6-0. 20. Ordinance 79-2017 At 2nd Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into an agreement with the County of Summit for the Juvenile Diversion Program and pro- viding for immediate enactment. Ms. Tricaso moved for the adoption of Ord. 79-2017. Seconded Mrs. Kilway. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 79-2017 is adopted by a vote of 6-0. 21. Ordinance 80-2017 At 2nd Reading. FINANCE Authorizing the Mayor to enter into a contract with Graphic Enterprises Office Solutions, Inc. for the lease/purchase of copy and printing equipment through the State Purchasing Program and providing . for immediate enactment. Mrs. Ray moved for the adoption of Ord. 80-2017. Seconded Ms. Tricaso. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso – unanimous. Ord. 80-2017 is adopted by a vote of 6-0. 22. Ordinance 82-2017 At 1st Reading. PLANNING & ZONING Amending the zoning map by rezoning the P.H. ON 10-25-17 @ 7:31 P.M. properties of Ripley Farms, LLC and Frances L. Ripley LLC et al; Robert P. Ripley, Cheryl M. Rocco, Co-Trustee and Robert P. Ripley, Co-Trustee; from Resi- dential-2 to R-6 Residential Open Space Planned Development District consisting of approximately 103.7813 acres and approv- ing and general development plan located at 1229, 1223 and 1241 East Avenue. Pres. of Council: Ord. 82-2017 is at 1st Reading and is assigned to the Planning & Zoning Committee. I will set a public hearing for 10-25-17 @ 7:31 p.m. 23. Ordinance 83-2017 At 1st Reading. COMMUNITY ISSUES/SAFETY Amending Codified Ord. 509.12, State of Emergency and providing for immediate enactment. Pres. of Council: Ord. 83-2017 is at 1st Reading and is assigned to the Community Issues/Safety Committee. 4  REGULAR MEETING in Council Chambers @ 7:30 p.m. September 14, 17 24. Ordinance 84-2017 At 1st Reading. PLANNING & ZONING Approving and adopting a revised Com- prehensive Emergency Operations Plan for the City of Tallmadge and providing for immediate enactment. Pres. of Council: Ord. 84-2017 is at 1st Reading and will be assigned to the Planning & Zoning Committee. Mayor: Thank you. As one of those documents that I was talking about that we have been working on; you do have it in the computer, but we did not print off the 400+ pages of reading and so I would encourage you to look at that. Mr. Cooper will not be here at the next Council meeting and we will talk a little bit about it at the next meeting, or if you have any items that you wish to talk to him about; please e-mail him or stop in the office and talk about it. It is great reading material. Mr. Sisak: Could you e-mail that or is it a pdf? Dir. of Administration: It’s a pdf and it’s lengthy. Mayor: It is a pdf. We can get that to you. Great document. There has been a lot of hard work from all of the department heads on this and it is our plan going forward and there will be a condensed version that is easier to read some day. 25. Ordinance 85-2017 At 1st Reading. FINANCE Authorizing the Fire Chief to advertise for bids and the Mayor to enter into a contract for an exhaust extraction system for Fire Station One and providing for immediate . enactment. Pres. of Council: Ord. 85-2017 is at 1st Reading and is assigned to the Finance Committee. Mrs. Ray: I would assume that Chief Passarelli has been sitting in the audience so patiently; I would assume he might want to have some input on this? Mike Passarelli, Tallmadge Fire Department. Yeah; that is actually what I came here for; not the other. This exhaust fume system removes all of our diesel and gas engine fumes. It has long been needed. We have tried two grants to get this. We haven’t been successful and we put it into our Capital Budget for this year so the money is there. This is basically housekeeping so that I can bid the thing. The specifications are done and I would like to advertise for bid so I can get this project done before the end of the year. Mrs. Ray: I assumed so and when I saw this on the agenda, I did pull up the budget and saw that it was in the budget and so if it is alright, Mr. Donovan, I would move for the adoption of Ord. 85-2017 at 1st Reading. Seconded Mr. Sisak. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 85-2017 is adopted by a vote of 6-0. 26. Ordinance 86-2017 At 1st Reading. FINANCE Appropriating additional amounts and providing for immediate enactment. Pres. of Council: Ord. 86-2017 is at 1st Reading and is assigned to the Finance Committee. Mr. Sisak: Mr. Donovan, I would move for the adoption of Ord. 86-2017. Seconded Mrs. Ray. Dir. of Finance: Yes, this is the installation for the water tap-ins that need to go in at Baker’s Acres new development and we just did not have capacity in our budget for 41 tap-ins. We will be receiving fees from Baker’s Acres from the developers up front for those, but we did not have it in the appropriation; a line item to do that many tap-ins and so this is the equipment and the labor cost to get all of those tap-ins installed for that development. Mr. Rensel: Yes, you refer to this in preparing the 2017 Budget and I think you meant to say 2018? Dir. of Finance: No, this is in the . . . we need to pay for it now and so I am adding it to the 2017 Budget; it is a re-appropriation to our current budget. Mr. Rensel: So we are not preparing the budget; we are amending the budget. Mrs. Ray: We are re-appropriating. Mr. Rensel: The 4th WHEREAS clause. Dir. of Finance: Right. Whereas when we prepared the 2017 budget we did not anticipate this expenditure so that is why we need the re-appropriation. Mr. Rensel: It’s late; I’m sorry I didn’t read the whole sentence. I’m sorry about that. Roll Call: Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 86-2017 is adopted by a vote of 6-0. 27. Ordinance 87-2017 At 1st Reading. PLANNING & ZONING Extending the performance and mainte- nance guarantees for landscaping within Eastpointe Phase One Planned Residential Development and providing for immediate enactment. Pres. of Council: Ord. 76-2017 is at 1st Reading and is assigned to the Planning & Zoning 5 Committee. REGULAR MEETING in Council Chambers @ 7:30 p.m. September 14, 17 28. Ordinance 88-2017 At 1st Reading. FINANCE Authorizing the Director of Finance to enter into an agreement with Reimer Law Co. for the purpose of collection of municipal account balances and providing for immediate enactment. Pres. of Council: Ord. 88-2017 is at 1st Reading and is assigned to the Finance Committee. 29. Ordinance 89-2017 At 1st Reading. PLANNING & ZONING Accepting the dedication of a portion of a street known as Mark Drive within the City limits for public purposes; reserving the setting of performance and maintenance guarantees therefore and providing for immediate enactment. Mr. Sisak: Point of order; Mrs. Raber, this has to go to a 2nd or 3rd Reading? Mayor: Not this one and I apologize to Council. I should have talked to you about requesting this at 1st Reading. Do you want me to talk about it right now? Mr. Sisak: I move to adopt Ord. 89-2017 at 1st Reading. Seconded Mrs. Kilway. Mayor: This is in front of Planning & Zoning and Planning & Zoning did make the recommendation to accept . . . they did the preliminary plat and then they also did the final plat. This is accepting the final plat for filing with Council. At the end of Mark Drive there is a huge lot and what they want to do is sub-divide it into two parcels. The current lot that is there is this little dotted line to there and there is a house already there and they are squaring off that property and making that Lot 1 a little larger than Lot 2 and that will be all around with the dedication of the public right-of-way that will not be improved at this time, but it is setting the right-of-way for the cul de sac to be there. Planning & Zoning agreed with this. It is cleaning up the end of Mark Drive and it allows them to be able to sell off this parcel. There are a lot of wet lands and this road will never really go through and that is why we are not making them install the cul de sac at this time, but when someone wants to develop a home on this, they either have to pave the 100’ frontage or go to BZA and get the agreement to come off the shorter side with pavement, but there is an existing house there; basically it is a lot split and it cleans up the tail end of the road. Mr. Rensel: So what obligations do we have approving this tonight? Mayor: It is just really more of a housekeeping thing. We really don’t have an obligation to do it, but it allows them to . . . Mr. Rensel: We don’t have to pave; we don’t have to put sewers in . . . Mayor: No; nothing. It allows them to file the plat so they can market their lot to sell it. Mr. Rensel: Thank you. Roll Call: Mr. Sisak, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 89-2017 is adopted by a vote of 6-0. Mayor: Mr. Chairman, with heavy heart I did receive a letter from Mr. Stalnaker. “Dear Mayor Kline, I wish to resign from the Tallmadge City Council effective tomorrow, September 15 th due to illness.” End of letter. He also sent one to Council and I just happened to get it. “I wish to thank Council for all the cards, flowers and support. All of you know I have enjoyed serving with you. I leave knowing the City will be in good hands. Good luck and work hard.” Gene Stalnaker. So, for the record, there is a procedure that we will now follow. As an Independent candidate, Gene, on the back of his petition designated his committee. That committee has to be notified not sooner than four days and then five days from that they can select their replacement for Gene. Five days from the date of the resignation. The committee cannot meet for four days and then they can . . . Mr. Rensel: Is his committee public information. Mayor: Yeah it is on the petition so there are five members of the committee; they have to be in the Ward and it is his two daughters, their two husbands and Jill Stritch. So those five members will meet and do Gene’s wishes; what he wishes to do for his replacement or they can choose. So there you go. I submit that to the Council office. Pres. of Council: Thank you. There is no way to respond to that. Gene is incredible. Mayor: I know his daughter is in the audience so . . . Mr. Sisak: I have mail for her for Gene. I am the mailman. I would always bring him his mail. 30. ADDITIONAL ITEMS: None. 31. ADJOURNMENT: Mr. Sisak moved to adjourn. Seconded Mrs. Ray. Voice vote 6-0. The Regular Council meeting of 9-14-17 adjourned at 9:27 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James M. Donovan Clerk of Council President of Council 6