THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WED., JANUARY 16, 2013

Transcription

1 THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WED., JANUARY 16, 2013 This regular meeting of Kent City Council was called to order at 7:30 p.m. on Wed., January 16, 2013, by. PRESENT: ALSO PRESENT: MR. AMRHEIN, MR. DeLEONE, MR. FERRARA, MR. FLYNN, MR. KUHAR, MS. SHAFFER, MR. SIDOTI. MS. WALLACH, AND MR. WILSON J. FIALA, MAYOR & PRESIDENT OF COUNCIL; D. RULLER, CITY MANAGER; J. SILVER, LAW DIRECTOR; AND L. JORDAN, CLERK OF COUNCIL Mayor Fiala introdu ced Kathleen Clyde, State Representative, at this time. St. Rep. Clyde was present to present a resolution from the Ohio State Representatives to Mayor Fiala and City Manager Ruller. St. Rep. Clyde congratulated the City on receiving the 2012 Best Project in the State award from the Ohio Economic Development Association. Ms. Clyde said that over the years, Kent City Council has directed itself into meaningful involvement in many program activities. She said as a dedicated group of individuals, they have been involved with numerous efforts, including Acorn Alley I & II, retail development, Fairmount Properties, PARTA, and the KSU Hotel/Conference Center. She said that members of past and present Councils have worked tirelessly and diligently. She said it is their sincere pleasure to commend Council on their recent accolade. Ms. Clyde presented the resolution to Mayor Fiala & Manager Ruller. Ms. Clyde said it is an honor to represent Kent during her first term, adding she is always bragging about the great things going on in Kent. She said she hoped it would continue, adding they have formed some great partnerships. Ms. Clyde said she would always be available to them, and will do whatever she can on the state government level. She said she just found out she will be on the State and Local Government Committee as the ranking member. She said she will rely on Council for local government needs. Ms. Clyde said she is a new Kent resident, having moved to Kent a few years earlier. She said it is a great place to live, and she is proud to represent the City. Ms. Clyde said she was looking forward to working with them during her second term. Mayor Fiala called upon Mr. DeLeone for his opening remarks at this time. Mr. DeLeone welcomed everyone to their first Council meeting of the year. There were some Boy Scouts present from Troop 252, and Mr. DeLeone invited them to lead those present in the Pledge of Allegiance. MOTION TO APPROVE THE MINUTES OF REGULAR COUNCIL MEETING OF DEC. 19, 2012 Motion made by Mr. DeLeone, seconded by Mr. Wilson, and carried by a voice vote of 9-0. MOTION TO APPROVE THE MINUTES OF WORK SESSION OF JANUARY 2, 2013 Motion made by Mr. DeLeone, seconded by Mr. Wilson, and carried by a voice vote of 8-0-1, with Ms. Wallach abstaining. COMMUNICATIONS Mayor Fiala called for audience comment at this time. He reminded those wishing to address Council to sign up with the Clerk who would call them forward. He reminded them to limit those comments to three minutes. He also noted the group present had distributed information, and requested they summarize their comments and not read the information. Paulette Thurman, 1112 Delores Dr, Concerned Citizens Ohio: Ms. Thurman said they are aware of the seven recommendations made by the Sustainability Commission, and would like to add additional recommendations. She said the first fifteen recommendations are already in place in the State of Ohio. She asked that they accept them in the spirit intended and broaden their range. She said they have provided them with most actions, ordinances, and resolutions that will be mentioned by the speakers.

2 Ms. Thurman said they are requesting moratoriums to delay while further studies are completed. She said eleven cities have requested this, including Burton, Canton, Garrettsville, and Munroe Falls. She said two communities have requested a moratorium on injection wells, adding they are Girard and Youngstown. Ms. Thurman said they are requesting that city land leases be denied. She said that Massillon and Navarre have rejected leasing requests by drilling companies. Ms. Thurman said that Garrettsville turned down a request for a lease for pipeline easements. She said that the Village Council also banned seismic testing in the village to protect the village water pipes. Ms. Thurman urged the protection of Kent s watersheds, ground waters, and surface waters. She said they are requesting an executive order because of the sensitive watershed resources in the area. Ms. Thurman said that one executive order by the governor has prohibited drilling under Lake Erie. Ms. Thurman said they can create a zoning and water wellhead protection area, either partnered with Franklin Township or alone, She said Athens Ohio did such an agreement. She said that Cincinnati banned injection wells through their zoning, and Meyers Lake, Ohio established a ban on drilling through standard regulatory measures. Iris Meltzer, 419 E. College: Ms. Meltzer said Councils have used zoning as a method of protection for roads, infrastructure under the roads, and to regulate the transport and/or disposal of hazardous and toxic fluids. She said the city of Munroe Falls established zoning permits and performance bonds for all construction projects, including access roads. She said the cities of Cincinnati and Niles established rigorous guidelines for the transport of certain materials through their municipality. She said they provided Council with a study of the legality of this measure under the Ohio Revised Code. Ms. Meltzer said cities have launched an investigation of the citizens rights model to establish authority under the Ohio Constitution. She said the city of Yellow Springs has banned drilling based on the citizens rights to local decision making. She said seven townships have banned fracking on village and township properties, including Hartville, Medina, Hinkley, and Plain. She said none of these bans have been challenged to date. Ms. Meltzer said that several communities, including Cincinnati, Medina Township, and Painesville Township, have passed non-binding resolutions demanding the return of local control, including the citizens rights based initiative. She said they are asking the City to provide adequate citizen education, adding this only requires Council to provide a venue, set dates, and provide public notice. Ms. Meltzer said there are many resources available. Ms. Meltzer said that after being educated, citizens may wish to pass a ballot initiative to ban fracking through citizens rights model. She said Broadview Heights has passed such an initiative. She said that they can also pass a ballot initiative banning injection wells, adding that Cincinnati and Broadview Heights have done so. David Badagnani, 712 Hickory Mills: Mr. Badagnani said they can take additional actions besides those mentioned. He said they can pass a binding ordinance regulating certain aspects of mineral extraction activities, such as Heath, Ohio. He suggested they could partner with Franklin Township to take action opposing injection wells. He said Weathersfield partnered with Niles to take all actions to oppose injection wells. Mr. Badagnani said that in addition to the sixteen actions they have suggested, there are several more recommendations of a more specific nature. He said some would protect Kent in the event that urban drilling cannot be avoided, while others are preemptive plans. Mr. Badagnani said City Council can request corporations pay for independent EPA certified ongoing, monthly water testing at a laboratory of the property owner s choice. He said they can request bonds from the corporations for surface road use and infrastructure damage, along with interruption of water services. Mr. Badagnani said they can request corporations pay for damages to all individually owned properties with respect to foundations, pipes from homes/businesses to the street, interruption of water delivery,

3 damage to gas lines, and explosions or fires. Mr. Badagnani said they can seek agreements from all transport and trucking companies to remain off Kent roads during school start and release time. He said they can also request they remain off state routes as well during those times as a courtesy for the safety of the children. He said this has occurred in Geauga County. Mr. Badagnani said they can request corporations with known air emission factors to establish multiple meters and decibel meters in areas surrounding their activities, paying for the supervision of these meters by city personnel, with fines established for any air emissions or sounds beyond federal, state, and local regulations. Chris Cotton, 321 Woodard Ave: Mr. Cotton said they are requesting denial of any leasing of cityowned lands. He said this would pay special attention to all properties adjacent to individually owned lands, such as the Majors Lane wooded area, Cuyahoga River Walk area, Fred Fuller Park, residential neighborhoods, bordered by SR 261, the woods and fields north of Stanton Middle School, and many other localities within the City limits. Mr. Cotton said they should form a special committee to map all existing woodland/surface water/field areas still within the City s borders as well as those bordering Franklin Township. He said this committee would research the leases, inform owners of potential mineral extraction activities, and commission environmentalists from Kent State and the high school to partner with the EPA to research endangered species of plants and/or animals in those areas. Mr. Cotton said the Council could research any large properties owned in Kent to determine leasing rights, to avoid a situation that is occurring in Stow at the Church of New Hope. Mr. Cotton said Kent could partner with the university to choose not to lease either Kent or Kent State land. He said Kent State may have no power over leasing rights of its lands unless they have already designated areas as renewable energy lands. Jim Voneida, 211 E. Crain Avenue: Mr. Voneida explained the City can partner with Franklin Township to extend specific watershed protection to areas beyond their municipal boundaries. He said they could pass ordinances to match resolutions passed by the township to provide protection of Kent s water supply. Mr. Voneida said they can deny all corporations the use of surface and ground water in Kent and in Franklin Township, by partnering with them. He said they can explicitly deny the right to any dumping imposing fines for violations. Mr. Voneida suggested they develop a citizen-based eyes and ears for monitoring dumping activities within the designated area, as Concerned Citizens Ohio have done for the Portage County Engineer s office. Mr. Voneida said Council can investigate partnerships with other cities. He said they can establish a committee to partner with Mansfield, Yellow Springs, Broadview Heights, Niles, Youngstown, and Cincinnati to develop a consortium to review regulations and problems with respect to mineral extractions, with special emphasis on resources for first responders and health impacts. Mr. Voneida said they can partner with Franklin Township, Stow, Ravenna, and Ravenna Township, along with other adjacent townships, in terms of road use plans, cooperative supervision, and regional planning. Mr. Voneida said the Council can tour those areas of Pennsylvania, Colorado, and Ohio where drilling and dumping have clearly impacted residents in a negative way to determine what those areas are and to anticipate similar problems in Kent. He said to reject or ignore present circumstances in other states where drilling has devastated municipal areas might be construed as dereliction of duties. Mr. Voneida said there are already cases in Portage County of foundation cracks and water well contamination. Erin LaBelle, 454 Earl Avenue: Ms. La Bell suggested they establish municipal fines for any breach of any municipal regulations. She said they can require corporations to pay all costs of all legal fees

4 incurred in the event of any legal action taken as the result of mineral extraction. Ms. La Belle said they could hire an experienced environmental attorney to oversee all legal matters and regulations relating to mineral extraction and related activities, or other heavy industrial activities with potential impacts, to work with the law director to find other ways to slow or regulate urban drilling. Ms. La Belle said Council can provide citizen education and protection. She said they can bring education about the situation to the public by health experts, economists, geologists, seismologists, hydrologist, environmentalists, and legal teams, as well as representatives of grassroots environmental groups for the purpose of public awareness. Ms. La Belle said they can create a new municipal agency to investigate and determine the accountability for actions performed during and after urban drilling. This agency would also provide pathways to inform and help residents affected by these activities. Ms. La Belle said Council can form committees to research the impacts of urban drilling. She said one would be charged with researching the environmental impacts of fracking, with tours in other states and meeting with experts. She said one committee would be charged with analyzing the economic impact of mineral extraction on communities, and would include tours to other states, along with interviews on both sides. Ms. La Belle said another committee could be charged with investigating all legal possibilities for regulating and slowing, or zoning mineral extraction activities and other heavy industrial activities in Kent. She said they would have contact with legal teams around the country, creative partnerships, and would develop consortiums. Ms. La Belle asked they not assume that the industry, supported by the state, would avoid the City and that anticipating future problems is unimportant. She asked that they assume the City will be as useful and accessible to the oil and gas industry as any other city, and that Kent will experience similar problems. She asked that they acknowledge the vulnerability of Kent s water source and air quality. She said they must listen carefully and work with each other. Ms. La Belle said they must anticipate the worst outcome from urban drilling, and prepare the best protection possible for Kent. Hearing no further audience comment, Mayor Fiala called upon the Clerk for the written correspondence. The Clerk reported the following items were received after the agenda was printed: 1) Minutes of the Standing Rock Cemetery Board meeting of December 13, 2012 were placed on file by Council s representative, Mr. DeLeone, prior to the start of this meeting. 2) The agenda packet of the January 17, 2013 Parks and Recreation Board meeting was placed on file by Council s liaison, Mr. Wilson, prior to the start of the meeting. At this time, Mayor Fiala introduced Bob Springer. Mr. Springer explained his wife, Barb Hipsman, was not teaching this semester, and was not present. He said she is teaching Ethics at the Tannery, and was hoping for pastries from her students. He said that Rachel Dezelle will be teaching the class, Reporting Public Affairs, and it is comprised of many juniors and seniors. He asked they all stand at this time, introduce themselves, give their hometown, and the ward where they live. Mayor Fiala said he had the opportunity to be interviewed by a few of them earlier in the day during the downtown tour. Hearing no further written correspondence, Mayor Fiala called for the City Manager s report. MOTION TO APPROVE ITEMS #1 THROUGH #6 Motion made by Mr. Wilson, seconded by Mr. Ferrara, and carried by a voice vote of 9-0. The following items were approved by the aforementioned motion: 1) Agenda time, Health & Public Safety Committee, proposed home composting regulations proposed by the Health Department 2) Agenda time, Health & Safety Committee, update from the Sustainability Commission on fracking

5 3) Agenda time, Finance Committee, review of the 2012 capital re-appropriations for ) Agenda time, Health & Safety Committee, receive report on the status of emergency planning and school safety preparedness in Kent 5) Agenda time, Finance Committee, USDA Farmer s market grant agreement with Haymaker Farmers Market 6) Authorization to appoint Bridge Susel to replace Gary Locke on the Tax Incentive Review Council Mr. Ruller thanked Kathleen Clyde for the presentation. He said that earlier in the day, they gave a short tour of the downtown to Senator Sherrod Brown, adding that Senator Rob Portman toured last week. He said they were asking themselves how they top that, adding the answer was by having Ms. Clyde at their meeting. STANDING COMMITTEES Mayor Fiala announced the results of two rounds of balloting for the vacancies on the boards and commissions: Board of Zoning Appeals Planning Commission Fair Housing Board/Housing Board of Appeals Board of Health Parks & Recreation Board Committee on Design & Preservation Parking Action Committee Community Reinvestment Area Housing Council Paul Sellman Anthony Catalano Greg Balbierz John Gwinn Deborah A. Smeiles (full term) and Kimberly Ball David Basista Howard T. Boyle Audrey Kessler and Paula Rosky MOTION TO AUTHORIZE DRAFT NOS THROUGH WITH NAMES INSERTED Motion made by Mr. Wilson, seconded by Mr. DeLeone, and carried 9-0 Mayor Fiala thanked everyone who applied, adding they are the foundation of what is going on in Kent. The Mayor asked the Clerk to read Draft No by title only: A RESOLUTION APPOINTING PAUL SELLMAN TO THE BOARD OF ZONING APPEALS AND DECLARING AN EMERGENCY. Motion made by Mr. Ferrara, seconded by Mr. Kuhar. Roll call was taken on the motion. Voting aye: Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, and Mr. Wilson. The motion carried by a roll call vote of 9-0. Motion made by Mr. Ferrara, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, and Mr. Wilson. The motion carried by a roll call vote of : A RESOLUTION APPOINTING PAUL SELLMAN TO THE BOARD OF ZONING APPEALS AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only:

6 A RESOLUTION APPOINTING ANTHONY CATALANO TO THE PLANNING COMMISSION AND DECLARING AN EMERGENCY. Motion made by Mr. Ferrara, seconded by Mr. Kuhar. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, and Mr. Amrhein. The motion carried by a roll call vote of 9-0. Motion made by Mr. Ferrara, seconded by Ms. Shaffer. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, and Mr. Amrhein. The motion carried by a roll call vote of : A RESOLUTION APPOINTING ANTHONY CATALANO TO THE PLANNING COMMISSION AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only: A RESOLUTION APPOINTING GREG BALBIERZ TO THE FAIR HOUSING BOARD/HOUSING APPEALS BOARD AND DECLARING AN EMERGENCY. Motion made by Mr. Ferrara, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. The motion carried by a roll call vote of 9-0. Motion made by Mr. Ferrara, seconded by Ms. Shaffer. Roll call was taken on the motion. Voting aye: Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. The motion carried by a roll call vote of : A RESOLUTION APPOINTING GREG BALBIERZ TO THE FAIR HOUSING BOARD/HOUSING APPEALS BOARD AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only: A RESOLUTION APPOINTING JOHN GWINN TO THE BOARD OF HEALTH AND DECLARING AN EMERGENCY. Motion made by Mr. Kuhar, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Ferrara. The motion carried by a roll call vote of 9-0.

7 Motion made by Mr. Kuhar, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Ferrara. The motion carried by a roll call vote of : A RESOLUTION APPOINTING JOHN GWINN TO THE BOARD OF HEALTH AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only: A RESOLUTION APPOINTING DEBORAH A. SMEILES AND KIMBERLY BALL TO THE PARKS & RECREATION BOARD AND DECLARING AN EMERGENCY. Motion made by Mr. Ferrara, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, and Mr. Flynn. The motion carried by a roll call vote of 9-0. Motion made by Mr. DeLeone, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, and Mr. Flynn. The motion carried by a roll call vote of : A RESOLUTION APPOINTING DEBORAH A. SMEILES AND KIMBERLY BALL TO THE PARKS & RECREATION BOARD AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only: A RESOLUTION APPOINTING DAVID BASISTA TO THE COMMITTEE ON DESIGN & PRESERVATION AND DECLARING AN EMERGENCY. Motion made by Mr. DeLeone, seconded by Ms. Shaffer. Roll call was taken on the motion. Voting aye: Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, and Mr. Kuhar. The motion carried by a roll call vote of 9-0. Motion made by Mr. DeLeone, seconded by Mr. Sidoti. Roll call was taken on the motion. Voting aye: Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, and Mr. Kuhar. The motion carried by a roll call vote of : A RESOLUTION APPOINTING DAVID BASISTA TO THE COMMITTEE ON DESIGN & PRESERVATION AND DECLARING AN EMERGENCY.

8 The Mayor asked the Clerk to read Draft No by title only: A RESOLUTION APPOINTING HOWARD BOYLE TO THE PARKING ACTION COMMITTEE AND DECLARING AN EMERGENCY. Motion made by Mr. Ferrara, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, and Ms. Shaffer. The motion carried by a roll call vote of 9-0. Motion made by Mr. DeLeone, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, and Ms. Shaffer. The motion carried by a roll call vote of : A RESOLUTION APPOINTING HOWARD BOYLE TO THE PARKING ACTION COMMITTEE AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only: A RESOLUTION APPOINTING AUDREY KESSLER AND PAULA ROSKY TO THE COMMUNITY REINVESTMENT AREA HOUSING COUNCIL AND DECLARING AN EMERGENCY. Motion made by Ms. Shaffer, seconded by Mr. Sidoti. Roll call was taken on the motion. Voting aye: Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, and Mr. Sidoti. The motion carried by a roll call vote of 9-0. Motion made by Mr. Ferrara, seconded by Ms. Shaffe. Roll call was taken on the motion. Voting aye: Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, and Mr. Sidoti. The motion carried by a roll call vote of : A RESOLUTION APPOINTING AUDREY KESSLER AND PAULA ROSKY TO THE COMMUNITY REINVESTMENT AREA HOUSING COUNCIL AND DECLARING AN EMERGENCY. FINANCE COMMITTEE MOTION TO APPROVE THE WRITTEN REPORT OF JAN. 2, Motion made by Mr. Wilson, seconded by Mr. DeLeone, and carried by a voice vote of 8-0-1, with Ms. Wallach abstaining.

9 MOTION TO APPROVE THE RECOMMENDED ACTION OF JAN. 2, Motion made by Mr. Wilson, seconded by Mr. DeLeone, and carried by a voice vote of 9-0. The following items were approved by the aforementioned motion: 1) TO AUTHORIZE THE KENT PARKS & RECREATION LIVERY CONTRACT 2) TO AUTHORIZE CHANGES TO THE GRANT & NEIGHBORHOOD PROGRAM POSITION 3) TO AUTHORIZE AN AMENDMENT TO THE FAIRMOUNT LEASE REGARDING PUBLIC PARKING, AS AN EMERGENCY. 4) UPDATE RECEIVED ON THE POLICE BUILDING FACILITY; NO ACTION TAKEN. The Mayor asked the Clerk to read Draft No by title only: A ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO AN AGREEMENT WITH KENT STATE UNIVERSITY CROOKED RIVER ADVENTURES TO OPERATE A CANOE/KAYAK LIVERY AT JOHN BROWN TANNERY PARK, FOR THE PERIOD OF APRIL 1, 2013 THROUGH OCTOBER 31, 2013, FOR THE AMOUNT OF $150 MONTHLY; $100 MONTHLY FOR ELECTRIC; AND FIVE PERCENT (5%) OF THE GROSS SALES OF ALL ITEMS SOLD AS PART OF THE LIVERY OPERATION, AND DECLARING AN EMERGENCY. Motion made by Mr. Wilson, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, and Ms. Wallach. The motion carried by a roll call vote of 9-0. Motion made by Mr. Wilson, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, and Ms. Wallach. The motion carried by a roll call vote of : A ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO AN AGREEMENT WITH KENT STATE UNIVERSITY CROOKED RIVER ADVENTURES TO OPERATE A CANOE/KAYAK LIVERY AT JOHN BROWN TANNERY PARK, FOR THE PERIOD OF APRIL 1, 2013 THROUGH OCTOBER 31, 2013, FOR THE AMOUNT OF $150 MONTHLY; $100 MONTHLY FOR ELECTRIC; AND FIVE PERCENT (5%) OF THE GROSS SALES OF ALL ITEMS SOLD AS PART OF THE LIVERY OPERATION, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only: AN ORDINANCE AMENDING THE GENERAL COMPENSATION PLAN FOR ALL UNCLASSIFIED AND VARIOUS CLASSIFIED EMPLOYEES OF THE CITY OF KENT, EXCEPT THE CITY MANAGER, FROM JANUARY 1, 2012 THROUGH DECEMBER 31, 2014 AS ADOPTED BY ORDINANCE , PASSED NOV. 2, 2011; AS AMENDED BY ORDINANCE NO , PASSED JANUARY 18, 2012; AND AS AMENDED BY ORDINANCE NO , PASSED APRIL 18, 2012, SO AS TO RENAME THE POSITION OF GRANTS & NEIGHBORHOOD PROGRAMS ADMINISTRATOR TO GRANTS & NEIGHBORHOOD PROGRAMS COORDINATOR; TRANSFERRING THE POSITION TO THE PROFESSIONAL CATEGORY; CHANGING THE PAY CLASSIFICATION; AND DECLARING AN EMERGENCY. Motion made by Mr. Wilson, seconded by Mr. Ferrara.

10 Roll call was taken on the motion. Voting aye: Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, and Mr. Wilson. The motion carried by a roll call vote of 9-0. Motion made by Mr. Wilson, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, and Mr. Wilson. The motion carried by a roll call vote of : AN ORDINANCE AMENDING THE GENERAL COMPENSATION PLAN FOR ALL UNCLASSIFIED AND VARIOUS CLASSIFIED EMPLOYEES OF THE CITY OF KENT, EXCEPT THE CITY MANAGER, FROM JANUARY 1, 2012 THROUGH DECEMBER 31, 2014 AS ADOPTED BY ORDINANCE , PASSED NOV. 2, 2011; AS AMENDED BY ORDINANCE NO , PASSED JANUARY 18, 2012; AND AS AMENDED BY ORDINANCE NO , PASSED APRIL 18, 2012, SO AS TO RENAME THE POSITION OF GRANTS & NEIGHBORHOOD PROGRAMS ADMINISTRATOR TO GRANTS & NEIGHBORHOOD PROGRAMS COORDINATOR; TRANSFERRING THE POSITION TO THE PROFESSIONAL CATEGORY; CHANGING THE PAY CLASSIFICATION; AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only: AN ORDINANCE AMENDING ORDINANCE , PASSED NOVEMBER 28, 2012, THE POSITION ALLOCATION ORDINANCE, SO AS TO RENAME AND RECLASSIFY THE POSITION OF THE GRANTS & NEIGHBORHOOD PROGRAMS ADMINISTRATOR, AND DECLARING AN EMERGENCY. Motion made by Mr. Wilson, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, and Mr. Amrhein. The motion carried by a roll call vote of 9-0. Motion made by Mr. Wilson, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, and Mr. Amrhein. The motion carried by a roll call vote of : AN ORDINANCE AMENDING ORDINANCE , PASSED NOVEMBER 28, 2012, THE POSITION ALLOCATION ORDINANCE, SO AS TO RENAME AND RECLASSIFY THE POSITION OF THE GRANTS & NEIGHBORHOOD PROGRAMS ADMINISTRATOR, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only: AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO A LEASE OF LAND FOR PRIVATE REDEVELOPMENT WITH COLLEGE TOWN KENT LLC TO CARRY OUT THE CITY DOWNTOWN URBAN RENEWAL PLAN, AS APPROVED BY THIS COUNCIL IN ORDINANCE NO , PASSED AUGUST 18, 2010, AND DECLARING AN EMERGENCY. Motion made by Mr. Wilson, seconded by Mr. DeLeone.

11 Roll call was taken on the motion. Voting aye: Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. The motion carried by a roll call vote of 9-0. Motion made by Mr. Wilson, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. Ferrara, Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. The motion carried by a roll call vote of : AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO A LEASE OF LAND FOR PRIVATE REDEVELOPMENT WITH COLLEGE TOWN KENT LLC TO CARRY OUT THE CITY DOWNTOWN URBAN RENEWAL PLAN, AS APPROVED BY THIS COUNCIL IN ORDINANCE NO , PASSED AUGUST 18, 2010, AND DECLARING AN EMERGENCY. LAND USE COMMITTEE MOTION TO APPROVE THE WRITTEN REPORT OF JAN. 2, 2013, WHERE NO ACTION WAS TAKEN AS INFORMATION WAS RECEIVED ON PROPOSED ZONING AMENDMENT. Motion made by Mr. Ferrara, seconded by Mr. DeLeone, and carried by a voice vote of 8-0-1, with Ms. Wallach abstaining. MOTION TO APPROVE THE RECOMMENDING ZONING AMENDMENT WITH RESPECT TO PHOTOS. Motion made by Mr. Wilson, seconded by Mr. Sidoti, and carried by a voice vote of 9-0. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE AMENDING OF THE ZONING CODE OF THE CITY OF KENT TO REQUIRE PHOTOGRAPHS OR OTHER DIGITAL REPRESENTATIONS OF THE SITE TO BE INCLUDED FOR SITE PLAN SUBMISSIONS TO THE PLANNING COMMISSION FOR REVIEW, AND DECLARING AN EMERGENCY. Motion made by Mr. Ferrara, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Ferrara. The motion carried by a roll call vote of 9-0. Motion made by Mr. Kuhar, seconded by Mr. Ferrara. Ms. Wallach expressed her displeasure at the wording of the draft ordinance regarding the types of photos that could be included. She said she would not be voting for it, as she wanted it to be more specific. Roll call was taken on the motion. Voting aye: Mr. Flynn, Mr. Kuhar, Ms. Shaffer, Mr. Sidoti, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Ferrara. Ms. Wallach dissented. The motion carried by a roll call vote of : AN ORDINANCE AMENDING OF THE ZONING CODE OF THE CITY OF KENT TO REQUIRE PHOTOGRAPHS OR OTHER DIGITAL REPRESENTATIONS OF THE SITE TO BE INCLUDED FOR SITE PLAN SUBMISSIONS TO THE PLANNING COMMISSION FOR REVIEW, AND DECLARING AN EMERGENCY.

12 SPECIAL COMMITTEE REPORTS UNFINISHED BUSINESS None None NEW BUSINESS MOTION TO ASK THE ADMINISTRATION TO LOOK AT POSSIBLE USE OF THE RB&W SITE FOR A NEW POLICE STATION. Motion made by Mr. Kuhar, seconded by Mr. DeLeone. Mr. Kuhar said it is already owned and paid for by the City. He said this site would not displace anyone. He said they own it, do not have to buy any real estate, and it is centrally located. Mr. Kuhar suggested they look at the City s finances. He said they are planning development along Mogadore Road. Mr. Kuhar said the police officers do not work out of the station on every call. He said this location would be two blocks from downtown, and would show a tremendous savings, instead of buying things, moving things, and knocking things down. He said it may be more palatable to the residents at half of the cost. Mr. DeLeone said Mr. Kuhar made a good point, adding it would not hurt to look at the option. Ms. Shaffer said she would not support the motion. She said the Administration has done a lot of their due diligence. She said the location is not that close to the center of town. Ms. Shaffer said they have discussed bringing jobs to Kent, adding they need that land for industrial or commercial use. She said it is valuable land for those uses. Ms. Wallach said they discussed before that the station did not have to be in the center of the City. She said she would support the motion, as they already own the property and would save money. She said the motion is just asking them to look at it. The motion carried by a voice vote of 7-2, with Ms. Shaffer and Mr. Sidoti dissenting. Mr. Kuhar said on December 28, 2012, Kent lost another unique citizen, adding he was the type they would remember as seeing him around town. He said his name was Richard Rezek, adding his family called him Rick while his Kent family called him Rich. Mr. Kuhar said he was a very interesting individual, and was rich in knowledge, kindness, and uniqueness. He said Mr. Rezek worked as a janitor at KSU for about 25 years, and most people knew him as he carried a box of papers/newspapers. He said Mr. Rezek led an unconventional life, sleeping whenever he could during the day and reading all night. He said Mr. Rezek was well versed on any subject, from politics to sports. Mr. Kuhar said Mr. Rezek had a mind like a computer, adding if he met someone twenty years earlier, he could tell them where they met and what they discussed. Mr. Kuhar said he was a somebody that they will remember for his uniqueness. He said he did not drive a fancy car, adding he did not drive a car. He said Mr. Rezek would never do anything against anyone, and he asked that Mr. Rezek be remembered. Ms. Shaffer commended the Concerned Citizens of Ohio/Kent for their research and presentation. She said that preventative health is much better. She said it is important they look at the recommendations presented, adding she hoped they would be discussed during the Sustainability Commission s recommendations. She said they did a wonderful job. MAYOR S REPORT Mayor Fiala said the message board is operation, and informing citizens about the City and the University. He said he has heard good things from some, while others felt it may be blocking Paninis. He said that Paninis management feels it is a nice buffer that blocks the noise.

13 Mayor Fiala said a few of them met last week with Senator Portman. He said that earlier in the day, Sen. Brown came to Kent for a brief tour. He said he thought the senator left Kent, recognizing that Washington s programs that helped Kent should receive support. He said he was sure the senator understood what their money did for Kent, and how it was promoting jobs. Mayor Fiala said Kent is in the limelight, and everyone should be congratulated. MOTION TO ADJOURN THIS MEETING. Motion made by Mr. Kuhar, seconded by Mr. Wilson, and carried by a voice vote of 9-0. Hearing no further business before this Council, Mayor Fiala adjourned this meeting at 8:31 p.m.