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City Council

Regular Meeting

Zanesville, OH · September 28, 2020

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Minutes

ZANESVILLE CITY COUNCIL MEETING MONDAY, AUGUST 24, 2020 ZANESVILLE CITY COUNCIL MEETING – MONDAY, AUGUST 24, 2020 The Zanesville City Council met in regular session at 7:00 p.m. on Monday, August 24, 2020 in the City Council Chambers, 401 Market Street, Zanesville, Ohio. Mr. Vincent led those present in the Lord’s Prayer and the Pledge of Allegiance to the Flag. The following members of Council answered roll call in person: Mr. Roberts, Mr. Baker, Miss Bradshaw, Ms. Gildow, Mr. Sharrer, and Mr. Vincent. The following members of Council answered roll call by teleconference: Mrs. Gentry, Mr. Ware, Mrs. Osborn, and Mr. Foreman. APPROVAL OF MINUTES OF AUGUST 10, 2020 Mrs. Osborn moved to approve the minutes of August 10, 2020, seconded by Miss Bradshaw. Motion carried. COMMUNICATIONS, REPORTS, AND RESOLUTIONS None were submitted for this meeting. PROPOSED ORDINANCES Ordinance No. 2020-104 – Introduced by Council – An Ordinance authorizing the proper city official to prepare and submit an application to participate in the Natural Resources Assistance Council and/or the Ohio Public Works Commission Clean Ohio Fund Program for funding. Mr. Baker moved to waive the readings and it was seconded by Miss Bradshaw. Mr. Vincent: Is there any discussion on waiving? Mr. Baker: Mr. President, this was looked at by the CD (Community Development) Committee and I believe Matt this is time sensitive as is the next ordinance. Matthew Schley: Yes, sir. The deadline for applying is October 16. Mr. Baker: So that is why we need to waive. Mr. Vincent: So without this it will not happen, without waiving tonight. If not passed tonight it will not happen. Matthew Schley: Yes, sir. Page 1 of 5 ZANESVILLE CITY COUNCIL MEETING MONDAY, AUGUST 24, 2020 Mr. Vincent: Is there any other discussion? Okay let’s have roll call vote for waiving on the readings. Roll call vote on waiving of the readings. 5 Ayes in person 4 Ayes by telephone Mrs. Gentry, Mr. Ware, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Mr. Baker moved for passage, seconded by Miss Bradshaw. Mr. Vincent: Is there any discussion? Mr. Baker: Mr. President, as I was saying the CD Committee looked at this and this is the first of two related ordinances. The first being an ordinance that we are discussing now an ordinance to apply for grant money in order to buy a parcel of land down by the Y-Bridge. The second is just to save time is to actually allow the expenditure of that money. Matt, as I recall, is the upper limits of this grant $500,000? Matthew Schley: Well, the city will be responsible for 25% match. There are other ways we can make up that match. $500,000 is a place holder and it will never reach $500,000. So, we just needed a number to put in so that way Council could be aware. Mr. Baker: So, chances are we are not going to have to actually pay any of this out of the general fund, is that right? Mayor Mason: That is absolutely correct. Mr. Baker: Is there need to be any legislative mechanism to denote that or is the ordinance good as is? Mayor Mason: Well, I don’t know that we have finalized the purchase option contract, but actually it does go into detail on that. Mark Baker: So the mechanism is in fact in there? Matthew Schley: Yes. Mayor Mason: We will have it with the MCCF (Muskingum County Community Foundation). Mr. Baker: Okay, alright. Matthew Schley: Mr. Baker, in the ordinance it is actually on the second ordinance which is 2020-105 and it limits it to up to $500,000 but also 25% is stated in there as well. Page 2 of 5 ZANESVILLE CITY COUNCIL MEETING MONDAY, AUGUST 24, 2020 Mr. Baker: Okay, that is what I have been looking for and thought that it needed. So, that is fine. The CD Committee was very supportive of this and supports the redevelopment of that entire area. Mr. Vincent: Thank you, Mr. Baker. Is there anything else from Council or the administration? Okay, we will have roll call vote. Roll call vote for passage 5 Ayes in person 4 Ayes by telephone Mrs. Gentry, Mr. Ware, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Ordinance is passed. Ordinance No. 2020-105 – Introduced by Council – An Ordinance authorizing the proper city official to enter into an agreement for the purchase of real property, contingent upon the award of Clean Ohio Funds. Ms. Gildow moved to waive the readings and it was seconded by Mr. Baker. Mr. Vincent: Is there any discussion on waiving? Hearing none, we will have roll call vote on waiving of the readings. Roll call vote on waiving of the readings. 5 Ayes in person 4 Ayes by telephone Mrs. Gentry, Mr. Ware, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Miss Bradshaw moved for passage, seconded by Mr. Baker. Roll call vote for passage 5 Ayes in person 4 Ayes by telephone Mrs. Gentry, Mr. Ware, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Ordinance is passed. Ordinance No. 2020-106 – Introduced by Council – An Ordinance to amend and revise the zoning map and make permanent zoning in the City of Zanesville, Ohio as herein provided. Mr. Roberts moved for first reading, seconded by Miss Bradshaw. Mr. Baker: Mr. President, this ordinance was looked at by the Community Development Committee as well and it passed unanimously. It is an ordinance to allow the rezoning Page 3 of 5 ZANESVILLE CITY COUNCIL MEETING MONDAY, AUGUST 24, 2020 of part of McIntire Avenue to allow the owner of Tom’s Ice Cream Bowl to create a parking lot out of a parcel. I will be abstaining because of my relationship to the owner. Mr. Vincent: Thank you, Mr. Baker. Is there anything else from Council? Mr. Schley, I meant to ask you, the lot, behind that is not changing? Matthew Schley: No. That was not part of this request. Mr. Vincent: That is fine the way it is? Matthew Schley: Yes, absolutely. Mr. Vincent: Non-conforming I assume? Matthew Schley: Yes, sir. Mr. Vincent: Okay. Alright. If nothing else. We are at first reading so all in favor of first reading signify by saying aye. All were in favor except Mr. Baker and he abstained. None were opposed. Motion carries. ORDINANCES FOR ACTION Ordinance No. 2020-101 – Introduced by Council – An Ordinance approving a written port-issuance compliance policy in connection with the issuance of tax-exempt and tax- preferred obligations by the City of Zanesville. Miss Bradshaw moved for second reading, seconded by Mr. Foreman. Mr. Vincent: Is there any discussion? Hearing none, all in favor of second reading signify by saying aye. All were in favor. None were opposed. Motion carries. Ordinance No. 2020-93 - Introduced by Council – An Ordinance authorizing the assessment of liens against certain properties for demolition and clearance activities, and declaring an emergency. Ms. Gildow moved for third reading and passage, seconded by Mr. Baker. Mr. Vincent: Is there any discussion? Okay, we will have roll call vote for passage. Page 4 of 5 ZANESVILLE CITY COUNCIL MEETING MONDAY, AUGUST 24, 2020 Roll call vote for passage. 5 Ayes in person 4 Ayes by telephone Mrs. Gentry, Mr. Ware, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Ordinance is passed. Ordinance No. 2020-94 –Introduced by Council – An Ordinance implementing Sections 3735.65 through 3735.70 of the Ohio Revised Code, establishing and describing the boundaries of Community Reinvestment Area in the City of Zanesville, designating a Housing Officer to administer the program, and creating a Community Reinvestment Housing Council and a Tax Incentive Review Council. Miss Bradshaw moved for third reading and passage, seconded by Mrs. Osborn. Roll call vote for passage. 5 Ayes in person 4 Ayes by telephone Mrs. Gentry, Mr. Ware, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Ordinance is passed. TRAFFIC ORDERS No traffic Orders were filed for this meeting. MISCELLANEOUS AND UNFINISHED BUSINESS Mayor Mason: Mr. President, I am proud to say that we haven’t scared Kade Haddox off yet. He still has dark hair and hasn’t got any grey in it yet. So, we are doing well. PRIVATE PETITIONS AND COMMUNICATIONS No Non-agenda item petitions were filed for this meeting. Mr. Roberts moved to adjourn. Mr. Sharrer seconded the motion. A voice vote was taken with all being in favor. None were opposed. Motion carries. The meeting adjourned about 7:12 p.m. Mr. Vincent: Thank you everyone and have a good evening. ______________________________ ______________________________ Susan Culbertson Daniel M. Vincent Clerk of Council President of Zanesville City Council Page 5 of 5

Agenda

Public Hearing Notice A public hearing will be held on September 28, 2020 at 6:30 p.m. at Zanesville City Council, 401 Market Street, Zanesville, Ohio concerning the rezoning of property parcel number 84-18- 06-09-000 in Zanesville, Ohio from RS-5 to C-2. Notice is hereby given by the Council of the City of Zanesville, Ohio. All testimony for and against will be heard. This meeting is a public meeting and you are welcome to attend by calling in at 1-712-770-5505 and use access code 809642. City Council Meeting Agenda of Business September 28, 2020 The Lord's Prayer Pledge of Allegiance to the flag Item no. A. Roll call B. Approval of minutes C. Communications, reports, and resolutions 1. Resolution No. 2020-112 - Introduced by Council - A Resolution declaring "Beggar's Night"/"Trick or Treat" for the City of Zanesville. (First Reading) D. Proposed ordinances None E. Ordinances for action 2. Ordinance No. 2020-106 - Introduced by Council - An Ordinance to amend and revise the zoning map and make permanent zoning in the City of Zanesville, Ohio as herein provided. (Third Reading) F. Traffic orders None G. Miscellaneous and unfinished business H. Private petitions and communications None I. Adjournment ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 ZANESVILLE CITY COUNCIL MEETING-MONDAY, SEPTEMBER 14, 2020 The Zanesville City Council met in regular session at 7:00 p.m. on Monday, September 14, 2020 in the City Council Chambers, 401 Market Street, Zanesville, Ohio. Mr. Vincent led those present in the Lord's Prayer and the Pledge of Allegiance to the Flag. The following members of Council answered roll call in person: Mr. Roberts, Mr. Baker, Mr. Ware, Miss Bradshaw, Ms. Gildow, Mr. Sharrer, and Mr. Vincent. The following members of Council answered roll call by telephone: Mrs. Gentry, Mr. Foreman, and Mrs. Osborn . APPROVAL OF MINUTES Mr. Roberts moved to accept the minutes of August 24, 2020 as written, seconded by Mrs. Osborn. Motion carried. COMMUNICATIONS, REPORTS, AND RESOLUTIONS Resolution No. 2020-107 - Introduced by Council - A Resolution accepting the amounts and rates as determined by the Budget Commission , authorizing the necessary tax levies, certifying them to the County Auditor, and declaring an emergency. Ms. Gildow moved to waive the readings and it was seconded by Mr. Ware. Mr. Vincent: Is there any discussion on waiving? It has an October 1st due date to secure funding. Okay, if no other discussion we will have roll call vote for waiving of the readings. Roll call vote on waiving of the readings. 6 Ayes in person 3 Ayes by telephone Mrs. Gentry, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Mr. Roberts moved for passage, seconded by Miss Bradshaw. Roll call vote for passage. 6 Ayes in person 3 Ayes by telephone Mrs. Gentry, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Resolution is passed. Page 1 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 PROPOSED ORDINANCES Ordinance No. 2020-108 - Introduced by Council - An Ordinance authorizing the proper city official to enter into an agreement with Zanesville City Schools. Mr. Vincent: We are at first reading or a motion to waive since the contract has already been signed. Mr. Baker moved to waive the readings and it was seconded by Mr. Roberts. Mr. Vincent: Is there any discussion on waiving? With that we will have roll call vote for waiving of the readings. Roll call vote on waiving of the readings. 6 Ayes in person 2 Ayes by telephone Mrs. Gentry and Mrs. Osborn 1 abstention Mr. Foreman by telephone 0 Nays Motion carries. Mr. Baker moved for passage, seconded by Ms. Gildow. Mr. Sharrer: The Ordinance is written that the contract is substantially the same as is in place now. Are we going to get a chance to view that ahead of time or when it says substantially the same it is the same as what it was? Mr. Vincent: Okay, with that who can answer that? Doug Merry: I believe it was pretty much the same as it was before. It just changed the pricing on it because of different pricing for the officers and benefits. Mr. Vincent: Mr. Tarbert, did you get a chance to review that? Mr. Tarbert: I did , Mr. President, and we changed that to substantially the same as most of our agreements that have attachments, because it allows the city then to make small non- substantive changes to the attachment in the agreements without coming back to Council. So, I wouldn't be authorizing a change in the amount or the officers or anything like that, but if there was a typo or some small change that I didn't deem to be substantive then I wouldn't have to come back to Council so that is all. That is all that language means in the ordinance. I believe this is the same agreement at least in form as we have used in previous years. Mr. Vincent: Thank you, Mr. Tarbert. Mr. Sharrer, does that answer your question sir? Mr. Sharrer: Yes, thank you. Mr. Vincent: You are most welcome. Is there anything else from Council? Page 2 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 Roll call vote for passage. 6 Ayes in person 2 Ayes by telephone Mrs. Gentry and Mrs. Osborn 1 Abstention Mr. Foreman by telephone 0 Nays Motion carries. Ordinance is passed. Ordinance No. 2020-109 - Introduced by Council -An Ordinance authorizing the proper City official to submit an application to the Muskingum Watershed Conservancy District for Partners in Watershed Management Grant funding for the Muskingum Avenue Improvements Project and declaring an emergency. Mr. Roberts moved to waive the readings and it was seconded by Miss Bradshaw. Mr. Vincent: Is there any discussion on waiving? I see there is a September 1 deadline. We are past that so I assume it has been submitted already or does anyone know? Mr. Scott Brown: I will be happy to answer that Mr. President. I am sorry. Yes it is. We submitted everything. Mr. Vincent: Please come forward and pull the mic down too. Mr. Scott Brown: Yes, all of the parts of the application were submitted on time except for this legislation which we communicated with them that the legislation would be following the application and they were happy with that or they accepted that. Mr. Vincent: They are fine with that? Mr. Brown: Yes, they are fine with that. Mr. Vincent: Otherwise we would have to pull it out? Mr. Brown: Right, yes. Mr. Vincent: Okay, thank you. Is there any other discussion on waiving? With that we will have roll call vote for waiving of the readings. Roll call vote on waiving of the readings . 6 Ayes in person 3 Ayes by telephone Mrs. Gentry, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Miss Bradshaw moved for passage, seconded by Mr. Sharrer. Mr. Vincent: With that, is it a pretty significant grant? Do you know figures? Page 3 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 Mr. Scott Brown: I apologize, but Chip has actually been leading this specific piece of legislation . I don't know. Mayor Don Mason: Of course what we asked for and what we really hope is what we get. I think the maximum grant is around a half a million dollars. What we are looking at is the south/down slope side of where we are proposing the Dug Road revitalization . That is what is slipping into the river. So therefore, that is what would qualify possibly for funding because if you reduce erosion; you reduce contamination. So we don't know how much the project will be. We have actually saved four or was it five different concepts? Mr. Brown: A total of five. Mayor Mason: Yes, five different concepts. We are working with ADR, the engineering firm , and regardless of which choice we select those are really just upslope choices. Our downslope choice is pretty certain and again we are trying to get a half a million from the Muskingum Watershed Conservancy. Mr. Vincent: And that is no matching and no payback? Mayor Mason: No, we won't have to pay it back, but we are of course putting money into the rest of the project. Mr. Vincent: It will go up, way above. Mayor Mason: Oh, yes. Mr. Vincent: I was hoping not, but okay. Is there anything else from Council? Ms. Gildow: Mr. President, may I ask the Mayor a question? Do you know how competitive this is? Do you believe that our odds of getting at least something awarded? Mayor Mason: It is very competitive. I hate giving odds, but the bottom line is part of what we are doing also in order to help qualify this is we are moving a pressurized sanitary sewer main that has been there for what, fifty years? This is from the downslope side also which if it would ever break it would cause serious contamination to the river. So, I think we have packaged two really good concepts to help protect the river. That is what the Muskingum Watershed Conservancy District really is in business for. If you look at their board, they have not just a wonderful board , they have a wonderfully talented management team. So, I think they will look at this and realize this is a very well scoped request. Ms. Gildow: It would just be awesome if we did get a sizeable amount because if they rate it in importance, not only to the river, but everything else there, it ought to be a winner. Page 4 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 20 20 Mayor Mason: Let me say this, so the engineering firm that we selected for this project; part of this proposal is not just having a really good geotechnical firm that is helping us understand really the geology of the area and what is necessary, but they also brought to the table they were going to seek grant money to help us finance this project. So, I am really happy. The only bad side is they are from Newark, Ohio. You know how that is, Rob. I am saying that in friendly banter, of course. Mr. Vincent: With that, you had mentioned as far as there is a high pressure sanitary sewer line that runs through there and potential as far as rupture and contaminating of the river. Does that open us up in any way to EPA funding as far potential to avoid a potential problem in the future since we obviously have ground that is slipping, correct? Mayor Mason: The Ohio EPA does have the or let's put it this way, there is something called the Ohio Water Development Authority which funds a lot of projects of low interest. So, I believe, and again Scott knows this area more than I do. By the way, Jimmy Stewart is chairman of that, and you guys all remember Jimmy. But the bottom line is really any useful interest loans more than anything else as their funding mechanism more than outright grants, but Scott, do you have more on that subject? Scott Brown: Yes, so the Ohio EPA would be happy to look at and potentially fund the sewer line portion of this project. That pot of money is reserved for water and sewer so they are not going to look at the road itself. Obviously though, when you do sewer line replacement projects you impact the road and that is all part of the project so it can be comprehensive, but yes, then again as the Mayor pointed out their funding is usually low interest loans and not typically in water grants for water and sewer projects. So, they will be a lending agency that we will look at for a portion of this project, but I wouldn't anticipate them chipping in any sort of grant money for this project. Mr. Vincent: But this high pressure line does need relocated? Scott Brown : Yes, and without the benefit of a map. Basically, currently when they installed it in 1959, they ran it down close to where the river is. This would abandon that sewer line and bring it up so it sits up on top where the new road will sit. This makes it a lot easier to access and then also gets it away from the river. Mr. Vincent: So it is out of that bank there and the riverside of the road is stabilized then with the line knocked out in the future. Mayor Mason: A couple of things, this is a pressurized line so moving it up gradient isn't going to really impair the flow of the sanitary sewer. The other thing is sanitary sewer lines really are not the lines that normally break. They are normally, as you know, water lines from our experience. Scott Brown: Yes, the pressure on this line is going to be 15 pounds, maybe whereas a water line like here runs down the hill runs 70 to 120 pounds. So, water lines have a lot of pressure, but a sewer line doesn't take a lot of pressure to move it from point A to point B. Page 5 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 Mr. Vincent: How big a line is this? Scott Brown: I believe it is either a 24 or 30 inch. Mr. Vincent: So it is a big line. Thank you all very much. Is there anything else from Council? Okay, we will have roll call vote for passage. Roll call vote for passage. 6 Ayes in person 3 Ayes by telephone Mrs. Gentry, Mrs. Osborn, and Mr. Foreman O Nays Motion carries. Ordinance is passed. Ordinance No. 2020-110 - Introduced by Council -An Ordinance advertising for bids and entering into contract for the purchase of limestone for the City's requirements during the year 2021 . Mr. Sharrer moved to waive the readings and it was seconded by Mr. Baker. Mr. Vincent: Is there any discussion on waiving? As Mr. Sharrer has said in the past these are routine every year we do the same thing. It is a bid for limestone and an annual event. Okay we will have roll call vote for waiving of the readings. Roll call vote on waiving of the readings. 6 Ayes in person 3 Ayes by telephone Mrs. Gentry, Mrs. Osborn, and Mr. Foreman O Nays Motion carries. Mr. Roberts moved for passage, seconded by Mr. Baker. Mr. Vincent: Is there any further discussion? Hearing none, we will have roll call vote for passage. Roll call vote for passage. 6 Ayes in person 3 Ayes by telephone Mrs. Gentry, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Ordinance is passed. Ordinance No. 2020-111 - Introduced by Council - An Ordinance authorizing the proper City official to expend CARES Act funds, and declaring an emergency. Mr. Baker moved to waive the readings and it was seconded by Miss Bradshaw. Page 6 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 Mr. Vincent: Is there any discussion on waiving? Hearing none, we will have roll call vote for waiving of the readings . Roll call vote on waiving of the readings. 6 Ayes in person 3 Ayes by telephone Mrs. Gentry, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Miss Bradshaw moved for passage, seconded by Mr. Baker. Mr. Vincent: Is there any further discussion? Mr. Sharrer: I was kind of inquiring before the meeting. Do we have any idea of what we are going to expend these funds on, Mr. Mayor or Kade? Mayor Don Mason: Mr. President and members of Council, I think it was literally three weeks ago we pulled a team together and I posed the question: "What would you do if we had another $420,000?" We started doing the math and I have a really talented guy sitting across from me helping me with math and the bottom line is we started brainstorming what to do and that is why when a few days later toward the end of August we realized it was actually a little bit more like $447,000. We already put a plan in place. Much of this money is going toward the same items that we have been fund ing through the other programs through the, what was it $894,000? What we realized is especially with Zanesville City Schools having more children walking and simultaneously we had a light on Pine Street that we lost due to lightening and we realized we could put more money towards making the walkway paths for children safer so we did add that as a new item. The rest we realize and again going back to Eastside Ministry so much of their money has gone to families to really literally keep the lights on. We don't want to be in a position where people are being disconnected from service as we head into, believe it or not I know it is September, but we are a month or so away from bad weather. So, we really just basically doubled down, I guess I would use that, as a lot of the programs that we found to be effective and actually expanded the program slightly to other children. Mr. Sharrer: Thank you. Mr. Vincent: Thank you, Mayor. Is there anything else from Council? Okay we will have roll call vote for passage. Roll call vote for passage. 6 Ayes in person 3 Ayes by telephone Mrs. Gentry, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Ordinance is passed. Page 7 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 ORDINANCES FOR ACTION Ordinance No. 2020-106 - Introduced by Council -An Ordinance to amend and revise the zoning map and make permanent zoning in the City of Zanesville, Ohio as herein provided. Mr. Sharrer moved for second reading, seconded by Mr. Ware. Mr. Vincent: Is there anything from Council? Okay all in favor of second reading signify by saying aye. All were in favor except Mr. Baker and he abstained. None were opposed. Motion carries. Ordinance No. 2020-101 - Introduced by Council - An Ordinance approving a written port- issuance compliance policy in connection with the issuance of tax-exempt and tax-preferred obligations by the City of Zanesville. Mrs. Gentry moved for third reading and passage, seconded by Ms. Gildow. Roll call vote for passage. 6 Ayes in person 3 Ayes by telephone Mrs. Gentry, Mrs. Osborn, and Mr. Foreman 0 Nays Motion carries. Ordinance is passed. TRAFFIC ORDERS Traffic Order 2020-01 Section One: Traffic Order 18-06 is hereby rescinded from No Parking on the east and west side of Mt. Auburn starting at Roosevelt and extending south 542 feet. Section Two: There is hereby established a No Parking Anytime Zone on the east side of Mt. Auburn Street from Roosevelt to the dead end. Section Three: The appropriate signs shall be installed in accordance with O.R.C. 4511.09. Ms. Gildow moved to receive Traffic Order Number 2020-01 , seconded by Miss Bradshaw. Mr. Vincent: Is there any discussion? Mr. Roberts: Mr. President, Mr. Merry was this yours? What prompted this? Doug Merry: Mt. Auburn was prompted by a resident up there who called and said he understood that the no parking was necessary at the time they were building a house at the end of the street as they were moving equipment up and down the street and he said that was completed and he wanted to be able to park in front of his house again. I also received another anonymous call from a female that also expressed the same thing. It could have been the same residence. She didn't give me an address or any information. This took place back in May. We finally had a traffic committee meeting and it passed through the traffic committee meeting. The fire department has submitted pictures as one of the complaints was that the fire department couldn't get up and down the street if there were cars parked there. The fire chief Page 8 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 said he had never been talked to about the first time when they placed it on. He was quoted as saying that the fire trucks couldn't get up there and he said he was never even been approached about it. He was unaware so he went up today and parked the big SUV that they drive, the one they call the buggy, and took Engine One up, which is the responding truck that goes to that area. He put them side by side and there is still space between them with both vehicles on the pavement. So he said there is plenty of room . Also, Huck said they can get the plows up and down through there with no problems. Mr. Roberts: That is one of the questions I had, Doug. I drove up through there at the request of Mr. Vincent. There is nowhere for a turnaround at the end of that, so do the plows, fire trucks, and garbage trucks back down through there? Doug Merry: They didn't say. Mr. Roberts: The reason I ask is yes, pulling forward on the street where you can pass a car and I look at the pictures you can see there is space, but the street is narrow and I just don't want us to end up creating some type of situation we are going to regret in the future with that street not having a turnaround at the end of it. The other thing is too, if someone was parked at the end of that street there is literally no way you could turn around on there. So, I read the email somewhere from someone so is that who is going to talk in a little bit. Mr. Vincent: Yes, she will talk here shortly, Kathleen Mayle. Doug Merry: Chief Bell is going to be on the phone too. I don't know if he is signed in or not. Mr. Vincent: It is my understanding from Kathy Mayle who will be speaking here shortly. I think she is the one who shared it with me that the trash trucks will back up the street, gather trash , and that way they are going down forward. Mr. Roberts: Backing either way would present issues for me I guess with cars along the side of the street. Mr. Vincent: I backed all the way down it too as there is no place to turn around . Mr. Roberts: I pulled a sixteen point turn. (Laughter broke out) Scott Brown: Mr. President, as many might know we have a new Street and Sanitation Superintendent in place and provided there is no health and safety risk with this I might ask that we allow that superintendent to look at this and give their opinion. Especially with plowing snow as it is a good point and I can't speak on it because I have not actually been up the street so I don't know what that would look like so I would like to give that person an opportunity to take a look at it and give any insight if he might. Mr. Vincent: With that, I like that and I know it is one of the options for tonight is we and I will ask here after bit as I would like to let Mrs. Mayle speak since she has gone to the trouble to file a petition and wants to speak. I think this might clear up some stuff and be helpful here. If Page 9 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 Council has anything else and if Chief Bell has anything he wants to add and then I will ask someone if they are willing to postpone if Council is willing to do that. With that, Chief Bell, do you want to say anything before we go to our petitioner? With that we have Kathleen Mayle who lives on the very end of Mt. Auburn , 670 Mt. Auburn Street. I spoke with her last night extensively and then I talked with another neighbor at the other end of the street. She is against changing the parking or allowing parking on one side of the street. The person I talked to at the end of the street is actually at the corner of Roosevelt and Mt. Auburn and faces Roosevelt and she is fine with it. It doesn't have much impact on her other than she will pick up some additional parking so she was fine with it. New renters just moved in so she didn't really have much input on that, but with that, Kathleen I hope you are able to hear us and also to speak. So, I will turn it over to you and you have three minutes. Speak loudly. Kathleen Mayle: As far as the equipment to build the home, this was all done after the home was built in 2018. They looked at the width of the road as I wrote that it had to be over the 17 foot that this road is. As far as the fire trucks going up here, I don't know how far they came up because we have some security cameras around our house and nobody was up here today. I don't know if all the Council members have read the letter that I attached to the confirmation to be on here today or not, but all the homes have ample parking in back of their residence. The city took upon the cost, they burdened the cost of the resident at 709 Mt. Auburn to build a parking space off the street for him to pull off onto when he complained to City Council the prior time. They came up there and built off of the road for him a private place to park. Mr. Vincent: Okay, do you have anything else Ms. Mayle? Ms. Mayle: No, as far as the turnaround I don't see any possible way of any large vehicles turning around . The UPS driver backed up the hill, the trash truck backs up the hill, and the snow plow comes up and backs back down the hill. Mr. Vincent: Okay, is there anything else you want to share with Council? Ms. Mayle: No, that is all. Thank you. Mr. Vincent: Okay, alright, thank you very much. We appreciate that. Doug Merry: Chief Bell is on . Mr. Roberts: I prefer that we go ahead and table this and send it to Public Service. Mr. Vincent: Mr. Roberts moved to postpone it and send it to Public Service. Mr. Baker: I second that. Mr. Vincent: We have a motion to postpone and send this to Public Service by Mr. Roberts and seconded by Mr. Baker. All in favor of postponement signify by saying aye. A voice vote was taken with all being in favor. None were opposed. Motion carries. Page 10 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 Mr. Vincent: With that the motion to postpone so the discussion ends. So I guess we didn't set a time so I guess after Public Service. I should have asked for that. Do we have one scheduled? The Clerk said it will be in October. Mr. Vincent: Okay, we will have it at the meeting and that will be open to the public then. Then we will bring it back up. Traffic Order 2020-02 Section One: There is hereby established a No Parking Anytime Zone on the east side of Cornell Street from the first unnamed alley south of Ridge Avenue to the dead end . Section Two: The appropriate signs shall be installed in accordance with O.R.C. 4511 .09. Mr. Roberts moved to receive Traffic Order Number 2020-02, seconded by Mr. Baker. Mr. Vincent: Is there any discussion? With that, Mr. Merry, I looked at this last night, but I didn't drive back because there are just too many mud puddles and stuff. Is that all City? Doug Merry: It is the City's where all the cars are parked on the east side and it is all city right of way. This has been a war going on with him since like 2015. They have been trying, the city has been trying to get him to clean that out. He refuses to and he knows the 72 hour law so what he will do is he will pull those cars out and put other ones in just to be contrary to the city. Mr. Vincent: So the purpose then is no parking is needed for access. Doug Merry: For the city's right of way, to clear the city's right of way. Mr. Vincent: Okay, alright. Does that go back to the bus garage? Doug Merry: It goes back around behind there, yes, between him and Dingey's. Mr. Vincent: Like I said, I didn't drive back. It was about dark and too many mud puddles and I thought it was a city street. So, okay, alright. Are there any other comments? No? Is there anything else from Council? Okay, so all in favor of receiving signify by saying aye. All were in favor of the traffic order number 2020-02 signify by saying aye. All were in favor. None were opposed. Motion carries. Mr. Vincent: The traffic order passes. Page 11 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 MISCELLANEOUS AND UNFINISHED BUSINESS Mayor Don Mason: I have a couple of items. One is if you notice there is a part of Main Street that has been shut off or closed . We were trying to do an economic and engineeringly prudent manner work underground to fix a sewer line that was collapsing, but the crews that were in there came back a day after they had been working and realized it had even more collapsing that had taken place. So they had to sort of take a step back and allow safety to really dictate our next decisions, so we are trying to reengineer and understand the aspects of what we need to repair and then we will be coming to City Council for an emergency ordinance to fix that line so we are not shut down for more than 60 to 90 days. That is extremely likely that we will be. In the meantime, we will be taking State Route 22 traffic to Market Street, which frankly is probably the more prudent measure anyway. I think most of you know that some of the traffic signal devices and poles along the Sixth Street and Main Street were struck all the time anyway. Market is a little bit wider and doesn't have those same problems. So we are working through that. That is one item. Are there any questions about the storm sewer repair? Mr. Vincent: So with that collapse the contractor went in there and started applying something and the weight Mayor Mason: No, not the weight. Scott Brown: It is a hand laid brick oval shape. It is not perfectly round and is more of an oval and sections of that brick had fallen out so we were able to remove or our contractor was able to remove that brick and reenter and they were going to try to use essentially a masonry block and mortar and then to try to fix the holes that had blown out for the lack of a better term. When they came back the next day everything they had put in had fallen out and when it fell out it took more with it. So now we have the top half of the storm brick sewer is intact and the entire bottom half is now blown so you have an unsupported arch which means that at any given time it could give way which is why we had to shut the road down. Mayor Mason: It is remarkable that it probably was there for 120 years and you go from having literally like buggies and cars to now heavy semis and other equipment. It is remarkable it has lasted that long . Apparently it was identified five years ago and nothing was done about it. Early this year both Chip Saunders and Scott started briefing me on it and we only took a back burner on it briefly because frankly of all the COVID stuff we have been working on and fran kly we had some other engineering issues to look at also. Again, safety dictates what we do next so that is why we have a moratorium on what we are trying to do until we come up with a safe solution. We are looking at options. Mr. Vincent: Okay, thank you, Mayor. So Mayor, do you want to talk about Beggar's night or Trick or Treat? Mayor Mason: Sure I do. Mr. Vincent: I know we discussed this. Page 12 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 Mayor Mason: All I need is direction from Council. Thursday night the 29th as I don't think there is any school on Friday. Friday night or Saturday any of those nights; as we don't care, but we are getting phone calls and I didn't realize. Mr. Vincent: Their work schedules and I think to be with their children for this event so some schedules go out as far as six weeks so I think it will be real close to that if we bring it back to the next Council meeting. Mayor Mason: If you tell us when it is we will put together an ordinance. We will declare it to be an emergency. (Laughter) Mr. Roberts: Well, I believe we should run this through as a Resolution so it just needs to go one hearing. I believe in the past we have been trying to keep to the 31 st if it does not pose any safety issues unless Ms. Gildow you want to share some of your research on Beggar's night. Mayor Mason: I just hope Ohio State is not playing that night. Mr. Vincent: Saturday night which would help a lot of people who do work on Friday they would be there with their children. That was Mrs. Osborn who did a survey last year or the year before and got some feedback. Mayor Mason: So you are telling me then Saturday night the 31 st . Mr. Roberts: That is just my thoughts. Mr. Vincent: Does anyone have an opinion, Mrs. Osborn? Mr. Foreman, you work with kids? Lisa, do we have the line active? A few attempts were made and the Council line must be muted . Lisa Hittle unmuted the line. Mr. Sharrer: I would like to express my sincere thank you to the members of Council, the Administration who contributed and remembered me during the difficult time of the passing of my father. I appreciate all of you and thank you notes are on the way to all of you. So thank you very much. Mr. Foreman said the line had been muted. Mr. Vincent: Okay, we will start with Mrs. Osborn and go to Mr. Foreman for input. Mrs. Osborn: I was just going to say that I think this year is kind of the perfect combination because there was discussion about some folks especially parents of younger children wanting it to be on a weekend date perhaps a little earlier in the day and there were some other folks who said this is more of an older kids thing so let's keep it on the Thursday night before. There was a lot of back and forth and I don't know there was necessarily consensus. I think this year is a perfect year because it falls on the 31 st and it falls on a weekend. So, I think that wou ld be Page 13 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 2020 the perfect and ideal win/win situation for those who wanted to keep it on the 31 st and those who wanted to have it on the weekend. Mr. Vincent: Okay, and moving it up earlier from 5:00 to 7:00 p.m. or 5:00 to 6:30 p.m.? Mrs. Osborn: Yeah, I think moving it up slightly wouldn't hurt anything. Mr. Vincent: So 5:00 is that what you are thinking? Mr. Sharrer: 5:30 to 7:00 on the 31 st . Then we don't have to keep beating a dead horse. Mr. Vincent: Are there any other feelings? Mr. Foreman? Mr. Foreman: No, I agree. Mr. Vincent: Everyone feels good about Saturday at 5:30 to 7:00 p.m. on the 31 st? Mrs. Osborn: I think it needs to be 5:00 p.m. sir. Miss Bradshaw: I think it needs to be 5:30 p.m. because there are a lot of people who do work on Saturday and they can get home by 5:30 p.m. Mr. Sharrer: That is correct. Mr. Vincent: I don't know if you heard that on the line there? Mr. Foreman: Yes. I am okay with 5:30 p.m. Mr. Vincent: Miss Bradshaw is sharing some people do work on the weekends, Saturdays and can get home when they get off at 5:00 and be home to be with their children. Okay so it looks like I would say a majority without a vote here, but a majority are in favor of 5:30 p.m. to 7:00 p.m. Saturday the 315t_ Are there any other last comments? Any arguments against that or for it? Mr. Roberts: Mr. President: Mrs. Osborn: Mr. President: Do you want to mention the possibility of the state at this point? Mr. Vincent: Yes, I appreciate that. This is all subject to the Ohio Department of Health. I talked with Corey Hamilton of our health department and they tried to get information from the state as far as for fall activities if this would be approved or not. So that could derail everything, but I think we probably need to go ahead and make plans and move forward so we can give people times and dates so they can do some planning. Then we will have to wait to see what happens to see what else is said. Are there other thoughts? Mayor Mason: No, I am very good here. Page 14 of 15 ZANESVILLE CITY COUNCIL MEETING MONDAY, SEPTEMBER 14, 202 0 Mr. Vincent: Did you get what you wanted information wise? Mayor Mason: I really congratulate you. Mr. Ware: I would like to thank everybody for sending me the nice card . It was nice when I was home sick with my knee and I think I have recovered pretty well. I thank you all for that. Mr. Vincent: Sure thing, Mr. Ware. We are glad to have you back. It is always good to see you. Mr. Ware: Thank you. Mr. Vincent: Okay, is there anything I have missed here? PRIVATE PETITIONS AND COMMUNICATIONS No Non-agenda item petitions were filed for this meeting. Mr. Roberts moved to adjourn about 7:45 p.m. and Mr. Sharrer seconded the motion. A voice vote was taken with all members being in favor. None were opposed. Motion carries. Mr. Vincent: Thank you everyone and have a good evening . Susan Culbertson Daniel M. Vincent Clerk of Council President of Zanesville City Council Page 15 of 15 Rob Sharrer, Public Safety Committee Chair RESOLUTION NO. 2020-112 INTRODUCED BY COUNCIL A RESOLUTION DECLARING "BEGGAR'S NIGHT"/"TRICK OR TREAT" FOR THE CITY OF ZANESVILLE WHEREAS, there is a tradition called "Beggar's Night" or "Trick or Treat" whereby children go to neighbors' residences for the Halloween celebration and are given various items, particularly candy; and WHEREAS, the City is concerned with the safety and welfare of the children as they will likely be in the streets, and it is necessary to restrict the time the children are exposed to such dangers; and WHEREAS, if neighborhoods within the City celebrate the tradition at the same time on the same day the public will be more aware to watch for children in the streets and hopefully decrease their exposure to a hazardous situation; and WHEREAS, this Council wishes to designate Saturday, October 31 , 2020, between the hours of 5:30 p.m. and 7:00 p.m. as the City's "Trick or Treat" night. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Zanesville, Muskingum County, Ohio, that: SECTION ONE: Saturday, October 31 , 2020, from 5:30 p.m. to 7:00 p.m. is officially designated as Beggar's Night/Trick or Treat for the City of Zanesville. SECTION TWO: This resolution shall take effect and be in force from and after the earliest period allowed by law. PASSED: ________, 2020 Susan Culbertson Daniel M. Vincent Clerk of Council President of Council APPROVED: - - - - ~ 2020 This legislation approved as to form: Donald L. Mason, Mayor Law Director's Office Community Development Committee Mark Baker, Chair ORDINANCE NO. 2020-106 INTRODUCED BY COUNCIL AN ORDINANCE TO AMEND AND REVISE THE ZONING MAP AND MAKE PERMANENT ZONING IN THE CITY OF ZANESVILLE, OHIO AS HEREIN PROVIDED WHEREAS, an application has been duly made requesting a zoning district change from RS-4 Medium-High Density Single-Family Residential to C-2 Community and Regional Commercial; and WHEREAS, proper notification of the intent of this Council to consider this request to rezone the below described property was given to abutters within 200 feet of the requested rezoning and in a newspaper of general circulation; and WHEREAS, after testimony and discussion the Zanesville Planning Commission recommended to City Council that the zone change request further identified on Exhibit "A", be approved. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Zanesville, State of Ohio; that SECTION ONE: The application for rezone change with respect to the real property hereinafter described and shown in Exhibit "A" is hereby approved and the zoning with respect to said property is so changed. SECTION TWO: The Zoning Map of the City of Zanesville, Ohio, and the same is hereby amended and revised by changing the zoning as follows: From RS-4 Medium-High Density Single-Family Residential to C-2 Community and Regional Commercial, situated in the C ity of Zanesville, County of Muskingum, and State of Ohio, and bounded and described as follows: Auditors Parcel # 84-18-06-09-000, recorded in Deed Volume 2890, Page 131 being located in the Muskingum County Recorder's Office. SECTION THREE: This Ordinance shall take effect upon the approval of the Mayor and from and after the earliest period allowed by law. PASSED: _ _ _ __ _ _ _ __ _ , 2020. ATTEST: SUSAN CULBERTSON DANIEL M. VINCENT CLERK OF COUNCIL PRESIDENT OF COUNCIL APPROVED: _ _ _ _ _ _ __ _ _ _ _, 2020. DON MASON MAYOR THIS LEGISLATION APPROVED AS TO FORM LAW DIRECTOR'S OFFICE Attachment to Ordinance No. 2020-106 EXHIBIT "A" Highlighted Portion is Lot 84-18-06-09-000 which is RS-4 (orange color). Applicant is requesting the property be rezoned to C-2 (pink).

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