Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:30 p.m. September 28, 17 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, September 28, 2017 to order at 7:30 p.m. 2. PRAYER: Rev. John Deeter, First Church of God, Tallmadge. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mr. Sisak, Ms. Tricaso – present. Also present were Mayor Kline, Dir. of Pub. Service Rorar, Dir. of Law Raber, Dir. of Finance Gilbride and Clerk of Council Burton. Mrs. Ray and Mr. Rensel were excused. Economic Developer Weinberg was excused. Mr. Stalnaker passed away on September 27, 2017. 4. MINUTES: 9-14-17 Regular Council meeting minutes. Mrs. Kilway moved to approve the 9-14-17 Regular Council Meeting minutes. Seconded Ms. Tricaso. Voice vote 4-0. The 9-14-17 Regular Council meeting minutes were approved by a vote of 4-0. 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 with the Council Committee meeting 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: We do have an Executive Session this evening. Mayor: Mr. Chairman, due to the lack of Council folks here and the conflict where Mrs. Kilway would not be able to sit in on that; for the three of you, I would request that we have that Executive Session on a Personnel Issue at the next Council 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: Thank you. First of all, I will start off with Homecoming. The Tallmadge Blue Devils will have their Homecoming tomorrow night at the High School against Kent. Tonight was the parade from Our Lady of Victory Church all the way up there and then the bon fire, so I was up there prior to Council and it was a nice group and I wish them well tomorrow night. Last week we met on the Comprehensive Plan. We had a nice Work Session between Council and Planning & Zoning and so thank you for your input on that. We are in the process of re-writing a couple things and it is on the agenda and so we will just give it a 3 rd Reading, but we will be amending that and having our public hearing here in Council coming up in the future. Economic Development is extremely busy. Rita is off tonight doing a couple of things with that. Everything with . . . Maplecrest Golf Course; things are progressing out there and we should know more about when they are ready to start with that project by the end of the month. It is moving along out there. End of report unless you have a question. I am requesting Ord. 71-2017 to be adopted and also Ord. 75-2017. Both of those are at 3rd Reading. Dir. of Pub. Service: For the month of August, the cemetery had ten burials. Six were full and four were cremains. On Zoning for the month of August had 56 permits handed out; the majority of which were for zoning certificates which are basically fencing and deck issues. Water had two hydrants repaired; 16 meters replaced; 20 water samples taken and one main water main break and that was on North Overdale. On our streets; the paving was finished. That was finished on Robey Road. The pavement striping and marking was completed. Six driveway culverts were installed; 160 linear feet of roadside drainage was done and then the big thing that most people probably don’t realize is that the Street Department spent 600 hours involved in the Circle Fest. On Parks; the lighting at the Rec Center was completed and that has been probably a two- month long process. Maca Pool was closed August 12th, but the official last weekend was September 3rd. The playground at Indian Hills was replaced. If you get a chance, go down and take a look; they did a nice job. Lions Park hosted the annual Movie Night in the Park and that was a big success as it was the largest crowd that we have had so far and it was the movie, “Moana” if anybody is familiar with it. That rounds out the monthly report. What I do want to do is take the time to show you that we are making a change in the ditch enclosures that we offer and it is basically because I think most residents probably don’t understand the functions of a ditch. A ditch is meant to, during rain, take off the surface runoff water and that keeps the water off of the pavement and also it retains water so storm retention is down.  REGULAR MEETING in Council Chambers @ 7:30 p.m. September 28, 17 Dir. of Pub. Service: The one that I think is the most important is that it drains the base underneath and that is key because once your base gets saturated, you start getting into some issues and so it has to drain and so if you look at a ditch enclosure; you lose all of that and so it eliminates surface runoff and it causes localized flooding and so the yards of the people on the street should get it. Storm retention is not there for that. Storm retention is not there because you have filled in the ditch and so there is zero storm retention, but the big one is that you have really eliminated the base drainage and it is trapping water in there and that is not what we want to do. The problem with many of these subdivisions through here were they were designed with this drainage structure and so if you remove it, you are really eliminating any drainage that we have and our infrastructure is not going to last and so what we are going to do is we are going to propose a new way to do ditch enclosures and that is using a perforated pipe and surrounding it with gravel. You don’t have all three functions of a ditch, but you will still have the one that concerns me the most and it will allow the base to drain and so the base has a way to drain into that perforated structure. It will also allow some percolation from the top so you are still maintaining two out of the three functions of a ditch and so as we move forward, you guys will probably hear some complaining from people because you have to have a certain size depth to your ditch to allow this to work. So we are not eliminating ditch enclosures, but it is definitely going to change it and I’m not sure if you guys are aware that the Summit County Engineer has put a moratorium on ditch enclosures. They are not allowing them on any of their roads in Summit County based on the fact that the functions of the ditch . . . it is necessary unless you are going to put in a storm sewer system and I don’t see anybody doing that. So, just kind of an educational item. Does anybody have any questions? Mrs. Kilway: Just for us lay people who are not engineers; it appears that this . . . the way you are going to do the ditch enclosures with the perforated pipe it will then make our roads last longer because you won’t have water building up underneath the roads; is that correct? Dir. of Pub. Service: That’s correct. Yes. Mrs. Kilway: Thank you. Dir. of Pub. Service: You’re welcome. Pres. of Council: I do have a question. So the moratorium is for Summit County or . . . Dir. of Pub. Service: Summit County Engineer; yes. The only place that they are doing them is in severe safety issues. So, exceptionally deep ditches; they are still doing them, but they have put a moratorium on them. They are denying almost everybody a ditch enclosure right now. Pres. of Council: And that includes; what; everybody? Dir. of Pub. Service: No, no; we are separate, but it is just that the EPA frowns on it because of the storm retention. I mean ditch enclosures allow zero storm retention and so . . . and unfortunately it is not a good design to enclose your ditches. I mean they were designed to be there and unless you put in a storm water system, which nobody is going to do that; why are we closing them off? Pres. of Council: And who actually installs this? Is it up to the homeowner to do this? Dir. of Pub. Service: Yes, we oversee the project; we have been overseeing ditch enclosures for many years and we go out there and help them with it, but it is up to the homeowner to buy the material and get the contractor to put in the pipe and then we walk them through the steps of it. That concludes my report. Ms. Tricaso: I would just like to thank you for the information that you e-mailed to us. It was great information. Dir. of Pub. Service: Oh, you’re welcome. Thank you. Dir. of Finance: No report. Dir. of Law: No report this evening. 10. Ordinance 71-2017 At 3rd Reading. PUBLIC SERVICE 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. Mr. Sisak moved for the adoption of Ord. 71-2017. Seconded Ms. Tricaso. Roll Call: Mr. Sisak, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 71-2017 is adopted by a vote of 4-0. 11. Ordinance 75-2017 At 3rd Reading. PLANNING & ZONING Approving and granting a conditional P&Z REC. ADOPTION 4-0 zoning certificate to applicant Sol Harris/ AMENDED 9-14-17 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 adoption of Ord. 75-2017. Seconded Mrs. Kilway. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mr. Sisak – unanimous. Ord. 75-2017 is adopted by a vote of 4-0. 2  REGULAR MEETING in Council Chambers @ 7:30 p.m. September 28, 17 12. Ordinance 77-2017 At 3rd Reading. PLANNING & ZONING Approving and adopting a revised Compre- P.H. ON 10-12-17 @ 7:33 P.M. hensive Plan for future development in the City. Pres. of Council: Ord. 77-2017 is at 3rd Reading and will remain before the Planning & Zoning Committee and there is a public hearing scheduled for 10-12-17 @ 7:33 p.m. 13. Ordinance 82-2017 At 2nd Reading. PLANNING & ZONING Amending the zoning map by rezoning P.H. ON 10-25-17 @ 7:31 P.M. the 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 approving the general development plan located at 1229, 1223 and 1241 East Avenue. Pres. of Council: Ord. 82-2017 is at 2nd Reading and will remain before the Planning & Zoning Committee and there is a public hearing scheduled for 10-25-17 @ 7:31 p.m. 14. Ordinance 83-2017 At 2nd Reading. COMMUNITY ISSUES/SAFETY Amending Codified Ord. 509.12, State of Emergency and providing for immediate Pres. of Council: Ord. 83-2017 is at 2nd Reading and will remain before the Community Issues/ Safety Committee. 15. Ordinance 84-2017 At 2nd Reading. COMMUNITY ISSUES/SAFETY 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 2nd Reading and will remain before the Community Issues/ Safety Committee. 16. Ordinance 87-2017 At 2nd 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. 87-2017 is at 2nd Reading and will remain before the Planning & Zoning Committee. 17. Ordinance 88-2017 At 2nd Reading. FINANCE Authorizing the Director of Finance to enter into an agreement with Reimer Law Co. for the purpose of collection of muni- cipal account balances and providing for immediate enactment. Pres. of Council: Ord. 88-2017 is at 2nd Reading and will remain before the Finance Committee. 18. Resolution 7-2017 At 1st Reading. FINANCE Accepting the amounts and rates as deter- mined by the Summit County Budget Com- mission and authorizing the necessary tax levies; certifying them to the County Fiscal Officer and providing for immediate enact- ment. Pres. of Council: Res. 7-2017 is at 1st Reading and is assigned to the Finance Committee. 3  REGULAR MEETING in Council Chambers @ 7:30 p.m. September 28, 17 19. Resolution 8-2017 At 1st Reading. Expressing the sympathy of the Council and Administration to Elizabeth “Betty” Stalnaker and members of her family in the death of Carroll Eugene “Gene” Stalnaker and providing for immediate enactment. Mrs. Kilway moved for the adoption of Res. 8-2017. Seconded Ms. Tricaso. Mayor: Thank you Mr. Chairman. It is a sad day in the City of Tallmadge when we lost such an icon, such a pillar of this community as Mr. Stalnaker was. I worked with Gene my whole life actually; growing up with his daughters and just . . . Gene was just such a perfect person. They don’t make that style of folks anymore and we have to do something to keep his legacy. We have all said it, and I have said it from day one that he is like E. F. Hutton; when Gene talks; everybody stops to listen because he said such good stuff. He was so knowledgeable and studied everything and he was very witty at times; he would have us here laughing or saying, Gene; don’t say that on the floor! Gene was just such a man of honor and integrity and our hearts go out to the family and to his wife. I had the opportunity to be with Gene on Monday night and he was still witty; still doing well, but he has since passed. His calling hours will not be until next Friday; I think Jim; is that correct? Pres. of Council: Yes. Mayor: And the funeral on Saturday. Pres. of Council: That’s correct. Mr. Sisak: I would like to say that I only really knew Gene for about five years, but I felt like I knew him a lifetime. He was a mentor; he was a colleague and most importantly he was a friend and his wife as well. So, they don’t make them that way; you’re right Dave, and you know we have to do something to carry on that legacy. So, thank you. Mrs. Kilway: Yes, I just can only say, “Ditto.” I was privileged enough to meet Mr. Stalnaker when I was 18 years old; a business relationship with our family and he was not just a businessman; he became a friend instantly. Then working on council with him; it has been a privilege; it really has been; he is going to be missed. Ms. Tricaso: I learned a lot from Gene. He is just going to be truly missed. Dir. of Law: I just want to also add I echo everyone’s sentiments and just my heart and prayers go out to the family during this sad time, but he will definitely be remembered as a wonderful man. Pres. of Council: We are definitely all better off; the City is better off having had Gene. Mrs. Kilway: Absolutely. Pres. of Council: Thanks Gene. He would be here tonight if he could. Mayor: He was talking about Council on Monday night! Mr. Sisak: Last week . . . I stole his placard at our Comprehensive Plan meeting just as an excuse to go see him and so I went out and saw him last Thursday and got to give his nameplate to him and he was real appreciative. I spent about 20 minutes with him. It was awesome. Voice vote 4-0. Res. 8-2017 is adopted by a vote of 4-0. 20. ADDITIONAL ITEMS: None. 21. ADJOURNMENT: Mr. Sisak moved to adjourn. Seconded Mrs. Kilway. Voice vote 4-0. The Regular Council meeting of 9-28-17 adjourned at 7:51 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James M. Donovan Clerk of Council President of Council 4