CITY OF KENT, OHIO 320 S. Depeyster Street, Kent, OH (Main Fire Station) (330) Fax (330)

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1 CITY OF KENT, OHIO 320 S. Depeyster Street, Kent, OH (Main Fire Station) (330) Fax (330) CITY COUNCIL TWO (2) COUNCIL WORK SESSIONS AT 6:00 P.M. & 7:00 P.M. REGULAR CITY COUNCIL MEETING AT 7:30 P.M. JANUARY 17, 2018 WITH AN EXECUTIVE SESSION IMMEDIATELY FOLLOWING AGENDA 6:00 P.M. WORK SESSION #1: Informational session with Branstetter Carroll, Inc. 7:00 P.M. WORK SESSION #2: Mandatory Council Orientation 7:25 P.M. BOARD OF CONTROL 7:30 P.M. REGULAR COUNCIL 1. ROLL CALL 2. OPENING REMARKS/PLEDGE OF ALLEGIANCE (Ms. Wallach) 3. APPROVAL OF MINUTES 3.1 Regular City Council Meeting of December 13, COMMUNICATIONS 4.1 AUDIENCE (Visitors wishing to address Council please sign up with the Clerk of Council prior to start of the meeting) 4.2 WRITTEN (All placed on file in the Clerk of Council s office) Standing Rock Cemetery Meeting Minutes of December 14, 2017 received December 18, Notification of a Public Notice by the Ohio EPA for the Final Issuance of Certification for Tinker s Creek received January 9, A Liquor License Transfer Request was received on January 4, 2018 to BS Kitchens LLC located at 221 Franklin Ave. from Unit 16 Inc. DBA Banana Joes. Chief Lee had no objections. 4.3 CITY MANAGER S REPORT 5. STANDING COMMITTEES/ LEGISLATION 5.1 COMMITTEE OF THE WHOLE (Mayor Fiala) Committee Meeting Minutes of December 6, Committee Meeting Minutes of January 3, In Progress ACTION RECOMMENDED from January 3, 2018: 1) Accept the Standing Committees of Council s Slate of Chairs and Vicechairs as stands. 2) Approve the Standing Rule of Council as submitted by the Clerk. 3) Refer the formation of a Senior Citizen Center Committee to the Parks and Recreation Board. Page 1 of 5

2 5.1.4 Draft Resolution No : A RESOLUTION APPOINTING ROBERT A. RUMMEL, JR. TO THE BOARD OF BUILDING APPEALS, AND DECLARING AN EMERGENCY. (Unauthorized) Draft Resolution No : A RESOLUTION APPOINTING DENISE S. MOTE TO THE INCOME TAX BOARD OF REVIEW, AND DECLARING AN EMERGENCY. (Unauthorized) Draft Resolution No : A RESOLUTION APPOINTING DEBBIE SMEILES TO THE PARKS AND RECREATION BOARD, AND DECLARING AN EMERGENCY. (Unauthorized) Draft Resolution No : A RESOLUTION APPOINTING JOHN BELFIORE TO THE SHADE TREE COMMISSION, AND DECLARING AN EMERGENCY. (Unauthorized) Draft Resolution No : A RESOLUTION APPOINTING AUDREY CIELINSKI KESSLER TO THE SHADE TREE COMMISSION, AND DECLARING AN EMERGENCY. (Unauthorized) Draft Resolution No : A RESOLUTION OF SUPPORT FOR THE NATIONAL PARKS SYSTEM BY THE KENT CITY COUNCIL, AND DECLARING AN EMERGENCY. (Unauthorized) 5.2 COMMUNITY DEVELOPMENT COMMITTEE (Kuhar/Rosenberg) Committee Meeting Minutes of December 6, Committee Meeting Minutes of January 3, In progress ACTION RECOMMENDED from January 3, 2018: 1) Authorize the MOU for Village of Franklin Crossing with Millenia Housing Development, Ltd. with and emergency clause. 2) Authorize the County-City Landbank Agreement with an emergency clause Draft Ordinance No : AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH MILLENNIA HOUSING DEVELOPMENT, LTD. AND THE CITY OF KENT TO FURNISH AND MAINTAIN THE LANDSCAPE IN THE LAWRENCE COURT CUL-DE-SAC ISLAND, AND DECLARING AN EMERGENCY. (Authorized) Draft Ordinance No : AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A NUISANCE ABATEMENT AGREEMENT BETWEEN THE PORTAGE COUNTY LAND REUTILIZATION CORPORATION AND THE CITY OF KENT TO ASSIST IN ABATING INSECURE, UNSAFE OR STRUCTURALLY DEFECTIVE STRUCTURES THAT HAVE BEEN DECLARED TO BE A PUBLIC NUISANCE, AND DECLARING AN EMERGENCY. (Authorized) Draft Ordinance No : AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A SETTLEMENT AGREEMENT BETWEEN PATRICK M. DEGREGIO AND THE CITY OF KENT TO RAZE THE STRUCTURE KNOWN AS 249-1/2 LAKE STREET, KENT, OHIO, WITH THE FUNDS BEING PROVIDED BY THE PORTAGE COUNTY LAND REUTILIZATION CORPORATION, AND DECLARING AN EMERGENCY. (Authorized) REGULAR COUNCIL MEETING AGENDA January 17, 2018 Page 2 of 5

3 5.2.7 Draft Ordinance No : AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A SETTLEMENT AGREEMENT BETWEEN MICHELLE L. SETLOCK AND THE CITY OF KENT TO RAZE THE STRUCTURE KNOWN AS 210 HARRIS STREET, KENT, OHIO, WITH THE FUNDS BEING PROVIDED BY THE PORTAGE COUNTY LAND REUTILIZATION CORPORATION, AND DECLARING AN EMERGENCY. (Authorized) Draft Ordinance No : AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A SETTLEMENT AGREEMENT BETWEEN AMY M. WAPLES AND THE CITY OF KENT TO ALLOW THE CITY TO ENTER ONTO HER PROPERTY KNOWN AS 249 LAKE STREET, KENT, OHIO, IN ORDER TO RAZE 249-1/2 LAKE STREET BECAUSE IT IS UNINHABITABLE AND IT ENCROACHES UPON OTHER PROPERTY, AND DECLARING AN EMERGENCY. (Authorized) 5.3 FINANCE COMMITTEE (DeLeone/Wallach) Committee Meeting Minutes of December 6, Committee Meeting Minutes of January 3, In progress ACTION RECOMMENDED from January 3, 2018: 1) Authorize a management agreement with Century 21 Wilbur Realty to rent and manage 500 Middlebury Road with an emergency clause Draft Resolution No : A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PARTICIPATE WITH THE STATE OF OHIO DEPARTMENT OF TRANSPORTATION (ODOT) FOR THE DOUBLE MICROSURFACING OF SR 43 FROM THE SOUTH CORPORATION LIMIT TO SR 261 DOUBLE AND MICROSURFACING OF SR 261 FROM SUMMIT STREET TO THE NORTH CORPORATION LIMIT; POR MCRO FY2018(B); PID , AND DECLARING AN EMERGENCY. (Unauthorized) Draft Ordinance No : AN ORDINANCE SETTING THE RATE OF PAY FOR THE MAYOR OF KENT, OHIO AND DECLARING AN EMERGENCY. (Authorized) Draft Ordinance No : AN ORDINANCE SETTING THE RATE OF PAY FOR THE WARD COUNCIL MEMBERS AND DECLARING AN EMERGENCY. (Authorized) Draft Ordinance No : AN ORDINANCE SETTING THE RATE OF PAY FOR THE AT-LARGE COUNCIL MEMBERS AND DECLARING AN EMERGENCY. (Authorized) Draft Ordinance No : AN ORDINANCE ACCEPTING A DONATION IN THE AMOUNT OF $1, TO THE CITY OF KENT PARKS & RECREATION DEPARTMENT FROM HENRY V. AND FRANCES W. CHRISTENSON FOUNDATION FOR THE 2018 KENT PARKS & RECREATION BEAUTIFICATION PROGRAM, AND DECLARING AN EMERGENCY. (Unauthorized) Draft Ordinance No : AN ORDINANCE ACCEPTING A DONATION IN THE AMOUNT OF $ TO THE CITY OF KENT PARKS & RECREATION DEPARTMENT FROM ZEPHYR FOR THE HAROLD WALKER REST AREA ON THE PORTAGE HIKE & BIKE TRAIL, AND DECLARING AN EMERGENCY. (Unauthorized) REGULAR COUNCIL MEETING AGENDA January 17, 2018 Page 3 of 5

4 Draft Ordinance No : AN ORDINANCE ACCEPTING A DONATION IN THE AMOUNT OF $ TO THE CITY OF KENT PARKS & RECREATION DEPARTMENT FROM RICHARD AND DIANE KURLICH FOR MATERIALS FOR PICNIC TABLE EAGLE SCOUT PROJECT, AND DECLARING AN EMERGENCY. (Unauthorized) Draft Ordinance No : AN ORDINANCE ACCEPTING A DONATION IN THE AMOUNT OF $ TO THE CITY OF KENT PARKS & RECREATION DEPARTMENT FROM ERIC AND ANN LANTZ FOR A TREE AT FRED FULLER PARK IN MEMORY OF FREDERICK LANTZ, AND DECLARING AN EMERGENCY. (Unauthorized) Draft Ordinance No : AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A MANAGEMENT AGREEMENT WITH CENTURY 21 WILBUR REALTY AND THE CITY OF KENT TO RENT AND MANAGE THE PARCEL KNOWN AS 500 MIDDLEBURY ROAD, KENT, OHIO, AND DECLARING AN EMERGENCY. (Authorized) 5.4 HEALTH & SAFETY COMMITTEE (Amrhein/Sidoti) MEETING MINUTES: NONE ACTION RECOMMENDED: NONE Draft Ordinance No : AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR A FEMA AFG GRANT IN THE AMOUNT OF $140,000.00, ACCEPT THE GRANT, IF AWARDED, AND APPROPRIATE FUNDS TO BE USED TO REPLACE THE TRUCK ROOM EXHAUST SYSTEM, AND DECLARING AN EMERGENCY (Unauthorized) 5.5 LAND USE COMMITTEE (Ferrara/Shaffer) MEETING MINUTES: NONE ACTION RECOMMENDED: NONE 5.6 STREETS, SIDEWALKS & UTILITIES COMMITTEE (Sidoti/Wallach) Committee Meeting Minutes of December 6, Committee Meeting Minutes of January 3, In progress ACTION RECOMMENDED from January 3, 2018: 1) Authorize the installation of 30 parking meters on College Street between Water St. and Franklin St. and amend to Exhibit A of Chapter 358 with an emergency clause Draft Ordinance No : AN ORDINANCE AMENDING SECTION , TITLED PARKING METER ZONES, IN ORDER TO ADD COLLEGE STREET BETWEEN SOUTH WATER STREET AND FRANKLIN AVENUE TO EXHIBIT A, AS A STREET TO HAVE TWO (2) HOUR PARKING METERS INSTALLED, AND DECLARING AN EMERGENCY. (Authorized) 6. SPECIAL COMMITTEE REPORTS 7. UNFINISHED BUSINESS 8. NEW BUSINESS 8.1 Items needing Council action or referral 8.2 Schedule future Council meetings 8.3 Councilmembers comments REGULAR COUNCIL MEETING AGENDA January 17, 2018 Page 4 of 5

5 9. MAYOR S REPORT 10. EXECUTIVE SESSION immediately following the meeting in accordance with ORC Section G, Item (1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. 11. ADJOURNMENT Posted: January 10, 2018 Tara Grimm, CMC Clerk of Council Any person who requires an auxiliary aid or service for effective communication or a modification of policies and procedures to participate in and City or City Council public meeting or event should contact the Clerk of Council at or councilclerk@kent-ohio.org. Any request for auxiliary aid or other accommodation should be made as soon as possible, but no later than forty-eight hours prior to the event. REGULAR COUNCIL MEETING AGENDA January 17, 2018 Page 5 of 5

6 THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 13, 2017 At 7:30 p.m., Mayor Jerry T. Fiala called the Regular Meeting of Kent City Council to order. Roll call was taken. PRESENT: ALSO PRESENT: ABSENT: Mr. Jack Amrhein, Mr. Michael DeLeone, Mr. Garret Ferrara, Ms. Heidi Shaffer, Mr. Roger Sidoti, Mr. Robin Turner, and Ms. Tracy Wallach. Mr. Jerry T. Fiala, Mayor and President of Council; Mr. Dave Ruller, City Manager; Mr. Jim Silver, Law Director and Acting Clerk of Council; Ms. Bridget Susel, Community Development Director; Mr. Jim Bowling, City Engineer; Mr. David Coffee, Finance Director; Ms. Melanie Baker, Public Service Director; Police Chief Michelle Lee. Mr. John Kuhar; Ms. Melissa Long; and Ms. Tara Grimm, CMC, Clerk of Council. ***No audio recording was made of this meeting for transcription purposes. All minutes have been transcribed by Clerk Grimm for the Acting Clerk based on the Agenda as published, from handwritten notes taken by the Acting Clerk, and the Roll Call spreadsheet. Mayor Fiala called upon Councilmember Sidoti for his opening remarks. Mr. Sidoti thanked the Public Service Department for all of the wonderful downtown holiday decorations, then led the Pledge of Allegiance. MOTION TO EXCUSE MR. KUHAR FROM TONIGHT S MEETING made by Mr. Amrhein, seconded by Mr. Ferrara and CARRIED by a voice vote of 7-0. APPROVAL OF MINUTES: MOTION TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF NOVEMBER 15, 2017 made by Mr. Sidoti, seconded by Mr. Amrhein, and CARRIED by a voice vote of with Ms. Wallach abstaining. COMMUNICATIONS: Mayor Fiala called for audience comments. There were no visitors. Written Communications were reported by Clerk Grimm and were placed on file in the Clerk s office as follows as stated by Acting Clerk Silver: DRAFT 1. Thank you card received from Twinsburg Mayor Ted Yates for using our chipper equipment during the last storm. 2. Planning Commission Agenda for December 5, 2017 received November 30, Sustainability Commission Agenda for December 4, 2017 and Minutes of November 6, 2017 received November 30, 2017 There were no oral communications for items received after the Agenda was published. City Manager=s Report was called for by Mayor Fiala. 1. Request Council's consideration of an Ordinance authorizing the City to enter into a joint lawsuit with the Regional Income Tax Agency (RITA) and other municipalities for the litigation challenging the constitutionality of Amendments to Chapter 718 of the Ohio Revised Code. (Draft ) 2. Request Council's consideration of a resolution requesting the County Auditor to advance taxes from the proceeds of the 2017 Tax Year pursuant to Section of the Ohio Revised Code. (Draft ) Page 1 of 8

7 3. Request Committee of the Whole meeting time for Council to establish the Committee assignments for Request Finance Committee time to consider a request from Parks and Recreation to rent out one of the properties recent y purchased by Kent Parks at 500 Middlebury Road. 5. Request Streets, Sidewalks & Utilities Committee time for a report on sidewalk repair efforts and funding. 6. Request Streets, Sidewalks & Utilities Committee time to consider a request to add parking meters to College Street between Water Street and Franklin Avenue. 7. Request Community Development Committee time to consider proposed changes to permit parking in the Columbus Street parking lot. 8. Request Community Development Committee time to consider recommendations from the Planning Commission for proposed changes to the City's laws and regulations related to medical marijuana businesses. 9. Request Community Development Committee time to receive an update on the City Administrative Building project. 10. Request Community Development Committee time to receive an update on Phase 1 of the City Zoning Code review and update. 11. Request Community Development Committee time to receive the annual report from the Main Street Kent organization. MOTION TO APPROVE ITEMS #1 - #11 OF THE CITY MANAGER S REPORT made by Mr. Amrhein, seconded by Mr. Ferrara. Motion CARRIED by a voice vote of 7-0. STANDING COMMITTEES/ LEGISLATION COMMITTEE OF THE WHOLE: There were no minutes to be approved at this time. MOTION TO APPROVE THE TWO (2) RECOMMENDED ACTIONS FROM DECEMBER 6, 2017 made by Mr. Sidoti, seconded by Mr. Ferrara, and CARRIED by a voice vote of 7-0. Recommended Action: 1) Refer the formation of a senior citizen center committee to the Parks & Recreation Board 2) Authorize the City to join RITA in their lawsuit against the State of Ohio for H.B. 49. Draft No : AN ORDINANCE TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENGAGE THE LAW FIRM OF WALTER/HAVERFIELD JOINTLY WITH THE REGIONAL INCOME TAX AGENCY AND OTHER MUNICIPALITIES FOR THE PURPOSE OF INITIATING LITIGATION TO CHALLENGE THE CONSTITUTIONALITY OF AMENDMENTS TO CHAPTER 718 OF THE OHIO REVISED CODE RELATING TO MUNICIPAL INCOME TAX, AND DECLARING AN EMERGENCY was read by title only by Acting Clerk Silver per Mayor Fiala s request. DRAFT MOTION TO SUSPEND THE THREE READINGS made by Mr. Ferrara and seconded by Mr. DeLeone. On Roll call, voting Yes : Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, Mr. Turner, Ms. Wallach, and Mr. Amrhein. The motion CARRIED by a roll call vote of 7-0. MOTION TO ADOPT DRAFT No made by Mr. DeLeone and seconded by Mr. Ferrara. On Roll call, voting Yes : Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, Mr. Turner, Ms. Wallach, Mr. Amrhein, and Mr. DeLeone. The motion CARRIED by a roll call vote of 7-0. ORDINANCE No : AN ORDINANCE TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENGAGE THE LAW FIRM OF WALTER/HAVERFIELD JOINTLY WITH THE REGIONAL INCOME TAX AGENCY AND OTHER MUNICIPALITIES FOR THE PURPOSE OF INITIATING LITIGATION TO THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 13, 2017 Page 2 of 8

8 CHALLENGE THE CONSTITUTIONALITY OF AMENDMENTS TO CHAPTER 718 OF THE OHIO REVISED CODE RELATING TO MUNICIPAL INCOME TAX, AND DECLARING AN EMERGENCY PASSED as stated by Acting Clerk Silver. COMMUNITY DEVELOPMENT COMMITTEE: There were no minutes to be approved at this time. MOTION TO APPROVE THE THREE (3) RECOMMENDED ACTIONS FROM DECEMBER 6, 2017 made by Mr. Turner, seconded by Mr. DeLeone, and CARRIED by a voice vote of 7-0. Recommended Action: 1) Approve EDA Revolving Loan Fund Certification. 2) Approve appointment of Denny Eberhart to a term on the Revolving Loan Fund Committee. 3) Authorize TREX License Development Agreement with B s Kitchen, LLC for property at 211 Franklin Avenue, Kent, Ohio. Draft No : AN ORDINANCE AUTHORIZING THE TRANSFER OF A TREX LIQUOR LICENSE INTO THE CITY OF KENT BY B S KITCHEN, LLC, AN OHIO LIMITED LIABILITY COMPANY, CONDITIONAL UPON THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF KENT, OHIO AND B S KITCHEN, LLC, AND DECLARING AN EMERGENCY was read by title only by Acting Clerk Silver per Mayor Fiala s request. MOTION TO SUSPEND THE THREE READINGS made by Mr. Ferrara and seconded by Mr. DeLeone. On Roll call, voting Yes : Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, Mr. Turner, Ms. Wallach, Mr. Amrhein, and Mr. DeLeone. The motion CARRIED by a roll call vote of 7-0. MOTION TO ADOPT DRAFT No made by Mr. Ferrara and seconded by Mr. DeLeone. On Roll call, voting Yes : Ms. Shaffer, Mr. Sidoti, Mr. Turner, Ms. Wallach, Mr. Amrhein, Mr. DeLeone, and Mr. Ferrara. The motion CARRIED by a roll call vote of 7-0. ORDINANCE No : AN ORDINANCE AUTHORIZING THE TRANSFER OF A TREX LIQUOR LICENSE INTO THE CITY OF KENT BY B S KITCHEN, LLC, AN OHIO LIMITED LIABILITY COMPANY, CONDITIONAL UPON THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF KENT, OHIO AND B S KITCHEN, LLC, AND DECLARING AN EMERGENCY PASSED as stated by Acting Clerk Silver. Draft : A RESOLUTION APPOINTING DENNIS EBERHART TO THE LOAN REVIEW BOARD, AND DECLARING AN EMERGENCY was read by title only by Acting Clerk Silver per Mayor Fiala s request. DRAFT MOTION TO SUSPEND THE THREE READINGS made by Mr. Ferrara and seconded by Ms. Shaffer. On Roll call, voting Yes : Mr. Sidoti, Mr. Turner, Ms. Wallach, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, and Ms. Shaffer. The motion CARRIED by a roll call vote of 7-0. MOTION TO ADOPT DRAFT No made by Mr. Ferrara and seconded by Ms. Shaffer. On Roll call, voting Yes : Mr. Turner, Ms. Wallach, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, and Mr. Sidoti. The motion CARRIED by a roll call vote of 7-0. RESOLUTION No : A RESOLUTION APPOINTING DENNIS EBERHART TO THE LOAN REVIEW BOARD, AND DECLARING AN EMERGENCY PASSED as stated by Acting Clerk Silver. Draft No : A RESOLUTION CERTIFYING THAT THE CITY S REVOLVING LOAN PLAN IS CONSISTENT WITH AND SUPPORTIVE OF THE AREA S COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY AND IS BEING OPERATED IN ACCORDANCE WITH THE POLICIES AND THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 13, 2017 Page 3 of 8

9 PROCEDURES CONTAINED IN THE REVOLVING LOAN PLAN AND THAT THE LOAN PORTFOLIO MEETS THE STANDARDS CONTAINED WITHIN SAID PLAN AND DECLARING AN EMERGENCY was read by title only by Acting Clerk Silver per Mayor Fiala s request. MOTION TO SUSPEND THE THREE READINGS made by Mr. Ferrara and seconded by Mr. DeLeone. On Roll call, voting Yes : Ms. Wallach, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, and Mr. Turner. The motion CARRIED by a roll call vote of 7-0. MOTION TO ADOPT DRAFT No made by Mr. Ferrara and seconded by Mr. Sidoti. On Roll call, voting Yes : Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, Mr. Turner, and Ms. Wallach. The motion CARRIED by a roll call vote of 7-0. RESOLUTION No : A RESOLUTION CERTIFYING THAT THE CITY S REVOLVING LOAN PLAN IS CONSISTENT WITH AND SUPPORTIVE OF THE AREA S COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY AND IS BEING OPERATED IN ACCORDANCE WITH THE POLICIES AND PROCEDURES CONTAINED IN THE REVOLVING LOAN PLAN AND THAT THE LOAN PORTFOLIO MEETS THE STANDARDS CONTAINED WITHIN SAID PLAN AND DECLARING AN EMERGENCY PASSED as stated by Acting Clerk Silver. FINANCE COMMITTEE: MOTION TO APPROVE THE SPECIAL COMMITTEE MEETING MINUTES OF NOVEMBER 15, 2017 made by Mr. DeLeone, seconded by Mr. Ferrara and CARRIED by a voice vote of with Ms. Wallach abstaining. MOTION TO APPROVE THE FOUR (4) RECOMMENDED ACTIONS made by Mr. DeLeone, seconded by Mr. Ferrara, and CARRIED by a voice vote of 7-0. Recommended actions: 1) Approve the 2018 Operating Budget including the salary increase to the Mayoral position for 2018, with an emergency clause. 2) Authorize the new General Compensation Plan for City employees effective January 1, 2018 through December 31, 2020, and declaring an emergency. 3) Authorize Appropriation Amendments to the 2017 Appropriation Ordinance. 4) Authorize the 2018 Position Allocation Ordinance. Draft No : AN ORDINANCE AMENDING ORDINANCE NO , THE CURRENT APPROPRIATION ORDINANCE, PASSED NOVEMBER 16, 2016; AS AMENDED BY ORDINANCE NO , PASSED FEBRUARY 15, 2017; AS AMENDED BY ORDINANCE NO , PASSED MARCH 15, 2017; AS AMENDED BY ORDINANCE NO , PASSED MAY 17, 2017; AS AMENDED BY ORDINANCE NO , PASSED JUNE 21, 2017; AS AMENDED BY ORDINANCE NO , PASSED AUGUST 16, 2017; AS AMENDED BY ORDINANCE NO , PASSED SEPTEMBER 20, 2017; AND AS AMENDED BY ORDINANCE NO , PASSED NOVEMBER 15, 2017 SO AS TO INCREASE APPROPRIATIONS IN FUND 001, GENERAL; FUND 106, PARKS AND RECREATION; FUND 201, WATER; FUND 201, SEWER; FUND 302, MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT (MPITIE); AND FUND 807, INTERNAL SERVICE (HEALTH INSURANCE); AND SO AS TO DECREASE APPROPRIATIONS IN FUND 301, CAPITAL; AND FUND 303, POLICE FACILITY; AND SO AS TO INCREASE ADVANCES FROM FUND 116, INCOME TAX TO FUND 807, INTERNAL SERVICE (HEALTH INSURANCE); AND DECLARING AN EMERGENCY was read by title only by Acting Clerk Silver per Mayor Fiala s request. DRAFT MOTION TO SUSPEND THE THREE READINGS made by Mr. Ferrara and seconded by Ms. Shaffer. On Roll call, voting Yes : Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, Mr. Turner, Ms. Wallach, and Mr. Amrhein. The motion CARRIED by a roll call vote of 7-0. THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 13, 2017 Page 4 of 8

10 MOTION TO ADOPT DRAFT No made by Mr. Ferrara and seconded by Mr. Sidoti. On Roll call, voting Yes : Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, Mr. Turner, Ms. Wallach, Mr. Amrhein, and Mr. DeLeone. The motion CARRIED by a roll call vote of 7-0. ORDINANCE No : AN ORDINANCE AMENDING ORDINANCE NO , THE CURRENT APPROPRIATION ORDINANCE, PASSED NOVEMBER 16, 2016; AS AMENDED BY ORDINANCE NO , PASSED FEBRUARY 15, 2017; AS AMENDED BY ORDINANCE NO , PASSED MARCH 15, 2017; AS AMENDED BY ORDINANCE NO , PASSED MAY 17, 2017; AS AMENDED BY ORDINANCE NO , PASSED JUNE 21, 2017; AS AMENDED BY ORDINANCE NO , PASSED AUGUST 16, 2017; AS AMENDED BY ORDINANCE NO , PASSED SEPTEMBER 20, 2017; AND AS AMENDED BY ORDINANCE NO , PASSED NOVEMBER 15, 2017 SO AS TO INCREASE APPROPRIATIONS IN FUND 001, GENERAL; FUND 106, PARKS AND RECREATION; FUND 201, WATER; FUND 201, SEWER; FUND 302, MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT (MPITIE); AND FUND 807, INTERNAL SERVICE (HEALTH INSURANCE); AND SO AS TO DECREASE APPROPRIATIONS IN FUND 301, CAPITAL; AND FUND 303, POLICE FACILITY; AND SO AS TO INCREASE ADVANCES FROM FUND 116, INCOME TAX TO FUND 807, INTERNAL SERVICE (HEALTH INSURANCE); AND DECLARING AN EMERGENCY PASSED as stated by Acting Clerk Silver. Draft No : AN ORDINANCE ALLOCATING THE NUMBER OF PERSONS WHO MAY BE EMPLOYED BY THE CITY FOR THE YEAR 2018 WITH RESPECT TO EACH POSITION, TITLE AND WORK CLASSIFICATION RECOGNIZED BY THE CITY, DESIGNATING THE TREATMENT OF SUCH POSITIONS AS FULL OR PART-TIME POSITIONS AND DESIGNATING THE FUND OR FUNDS FROM WHICH EACH SUCH POSITION SHALL BE PAID was read by title only by Acting Clerk Silver per Mayor Fiala s request. MOTION TO SUSPEND THE THREE READINGS made by Mr. Ferrara and seconded by Ms. Shaffer. On Roll call, voting Yes : Ms. Shaffer, Mr. Sidoti, Mr. Turner, Ms. Wallach, Mr. Amrhein, Mr. DeLeone, and Mr. Ferrara. The motion CARRIED by a roll call vote of 7-0. MOTION TO ADOPT DRAFT No made by Mr. Ferrara and seconded by Mr. Sidoti. On Roll call, voting Yes : Mr. Sidoti, Mr. Turner, and Ms. Wallach, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, and Ms. Shaffer. The motion CARRIED by a roll call vote of 7-0. ORDINANCE No : AN ORDINANCE ALLOCATING THE NUMBER OF PERSONS WHO MAY BE EMPLOYED BY THE CITY FOR THE YEAR 2018 WITH RESPECT TO EACH POSITION, TITLE AND WORK CLASSIFICATION RECOGNIZED BY THE CITY, DESIGNATING THE TREATMENT OF SUCH POSITIONS AS FULL OR PART-TIME POSITIONS AND DESIGNATING THE FUND OR FUNDS FROM WHICH EACH SUCH POSITION SHALL BE PAID PASSED as stated by Acting Clerk Silver. DRAFT Draft No : AN ORDINANCE AUTHORIZING A GENERAL COMPENSATION PLAN FOR ALL UNCLASSIFIED AND VARIOUS CLASSIFIED EMPLOYEES OF THE CITY OF KENT, EXCEPT THE CITY MANAGER, FROM JANUARY 1, 2018 THROUGH DECEMBER 31, 2020, AND DECLARING AN EMERGENCY was read by title only by Acting Clerk Silver per Mayor Fiala s request. MOTION TO SUSPEND THE THREE READINGS made by Mr. Ferrara and seconded by Ms. Shaffer. On Roll call, voting Yes : Mr. Turner, Ms. Wallach, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, and Mr. Sidoti. The motion CARRIED by a roll call vote of 7-0. MOTION TO ADOPT DRAFT No made by Ms. Shaffer and seconded by Mr. Ferrara. On Roll call, voting Yes : Ms. Wallach, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, and Mr. Turner. The motion CARRIED by a roll call vote of 7-0. ORDINANCE No : AN ORDINANCE AUTHORIZING A GENERAL COMPENSATION PLAN FOR ALL UNCLASSIFIED AND VARIOUS CLASSIFIED EMPLOYEES OF THE CITY OF KENT, THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 13, 2017 Page 5 of 8

11 EXCEPT THE CITY MANAGER, FROM JANUARY 1, 2018 THROUGH DECEMBER 31, 2020, AND DECLARING AN EMERGENCY PASSED as stated by Acting Clerk Silver. Draft No : AN ORDINANCE APPROPRIATING FROM THE VARIOUS FUNDS OF THE CITY OF KENT TO INDIVIDUAL ACCOUNTS FOR THE CURRENT EXPENSES OF THE CITY FOR THE FISCAL YEAR ENDING DECEMBER 31, 2018 was read by title only by Acting Clerk Silver per Mayor Fiala s request. MOTION TO SUSPEND THE THREE READINGS made by Mr. Ferrara and seconded by Mr. DeLeone. On Roll call, voting Yes : Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, Mr. Turner, and Ms. Wallach. The motion CARRIED by a roll call vote of 7-0. MOTION TO ADOPT DRAFT No made by Mr. Ferrara and seconded by Mr. DeLeone. On Roll call, voting Yes : Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, Mr. Turner, Ms. Wallach, and Mr. Amrhein. The motion CARRIED by a roll call vote of 7-0. ORDINANCE No : AN ORDINANCE APPROPRIATING FROM THE VARIOUS FUNDS OF THE CITY OF KENT TO INDIVIDUAL ACCOUNTS FOR THE CURRENT EXPENSES OF THE CITY FOR THE FISCAL YEAR ENDING DECEMBER 31, 2018 PASSED as stated by Acting Clerk Silver. Draft No : A RESOLUTION REQUESTING THE COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF THE 2017 TAX YEAR COLLECTION PURSUANT TO SECTION OF THE OHIO REVISED CODE was read by title only by Acting Clerk Silver per Mayor Fiala s request. MOTION TO SUSPEND THE THREE READINGS made by Mr. Ferrara and seconded by Mr. DeLeone. On Roll call, voting Yes : Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, Mr. Turner, Ms. Wallach, Mr. Amrhein, and Mr. DeLeone. The motion CARRIED by a roll call vote of 7-0. MOTION TO ADOPT DRAFT No made by Mr. DeLeone and seconded by Mr. Ferrara. On Roll call, voting Yes : Ms. Shaffer, Mr. Sidoti, Mr. Turner, Ms. Wallach, Mr. Amrhein, Mr. DeLeone, and Mr. Ferrara. The motion CARRIED by a roll call vote of 7-0. RESOLUTION No : A RESOLUTION REQUESTING THE COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF THE 2017 TAX YEAR COLLECTION PURSUANT TO SECTION OF THE OHIO REVISED CODE PASSED as stated by Acting Clerk Silver. DRAFT HEALTH AND SAFETY COMMITTEE: There were no minutes to be approved at this time. MOTION TO APPROVE THE THREE (3) RECOMMENDED ACTIONS FROM DECEMBER 6, 2017 made by Mr. Amrhein, seconded by Mr. Ferrara, and CARRIED by a voice vote of 7-0. Recommended Action: 1) Authorize contract between the City of Kent and the Portage County Public Defender s Office. 2) Authorize the transfer of ownership of Aiko to Sergeant James Ennemoser. 3) Authorize the Service Director to put out for bid trash collection for the City. Draft No : AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTRACT, ON BEHALF OF THE CITY OF KENT, WITH THE OFFICE OF THE PUBLIC DEFENDER, PORTAGE COUNTY, FOR THE PROVISION OF LEGAL COUNSEL TO INDIGENT PERSONS CHARGED WITH POTENTIAL PENALTY OF INCARCERATION FOR OFFENSES COMMITTED IN VIOLATION OF THE ORDINANCES THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 13, 2017 Page 6 of 8

12 OF SAID CITY FOR THE PERIOD JANUARY 1, 2018 THROUGH DECEMBER 31, 2018 AND DECLARING AN EMERGENCY was read by title only by Acting Clerk Silver per Mayor Fiala s request. MOTION TO SUSPEND THE THREE READINGS made by Mr. Ferrara and seconded by Mr. DeLeone. On Roll call, voting Yes : Mr. Sidoti, Mr. Turner, Ms. Wallach, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, and Ms. Shaffer. The motion CARRIED by a roll call vote of 7-0. MOTION TO ADOPT DRAFT No made by Mr. DeLeone and seconded by Mr. Ferrara. On Roll call, voting Yes : Mr. Turner, Ms. Wallach, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, and Mr. Sidoti. The motion CARRIED by a roll call vote of 7-0. ORDINANCE No : AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTRACT, ON BEHALF OF THE CITY OF KENT, WITH THE OFFICE OF THE PUBLIC DEFENDER, PORTAGE COUNTY, FOR THE PROVISION OF LEGAL COUNSEL TO INDIGENT PERSONS CHARGED WITH POTENTIAL PENALTY OF INCARCERATION FOR OFFENSES COMMITTED IN VIOLATION OF THE ORDINANCES OF SAID CITY FOR THE PERIOD JANUARY 1, 2018 THROUGH DECEMBER 31, 2018 AND DECLARING AN EMERGENCY PASSED as stated by Acting Clerk Silver. Draft No : AN ORDINANCE AUTHORIZING POLICE CHIEF MICHELLE LEE TO TRANSFER OWNERSHIP OF AIKO, A POLICE CANINE, TO SERGEANT JAMES ENNEMOSER, AND DECLARING AN EMERGENCY was read by title only by Acting Clerk Silver per Mayor Fiala s request. MOTION TO SUSPEND THE THREE READINGS made by Mr. Ferrara and seconded by Mr. DeLeone. On Roll call, voting Yes : Ms. Wallach, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, and Mr. Turner. The motion CARRIED by a roll call vote of 7-0. MOTION TO ADOPT DRAFT No made by Mr. DeLeone and seconded by Mr. Ferrara. On Roll call, voting Yes : Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Ms. Shaffer, Mr. Sidoti, Mr. Turner, and Ms. Wallach. The motion CARRIED by a roll call vote of 7-0. ORDINANCE No : AN ORDINANCE AUTHORIZING POLICE CHIEF MICHELLE LEE TO TRANSFER OWNERSHIP OF AIKO, A POLICE CANINE, TO SERGEANT JAMES ENNEMOSER, AND DECLARING AN EMERGENCY PASSED as stated by Acting Clerk Silver. LAND USE COMMITTEE: None STREETS, SIDEWALKS AND UTILITIES COMMITTEE: None SPECIAL COMMITTEE REPORTS: NONE UNFINISHED BUSINESS: NONE NEW BUSINESS: DRAFT A Swearing-In Ceremony of Mayor Fiala and Councilpersons DeLeone, and Sidoti was performed by Law Director Silver. Councilperson Rosenberg was sworn in by Portage County Treasurer, Brad Combs. MOTION TO REFER TO COMMITTEE TO FORMALIZE A CITY STAFF MEETING WITH THE KENT STATE UNIVERSITY STAFF was made by Ms. Wallach, seconded by Ms. Shaffer and CARRIED by a voice vote of 7-0. THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 13, 2017 Page 7 of 8

13 Mr. Ferrara withdrew his proposed motion when he learned his concerns were being discussed in Executive Session. Mr. Ferrara questions the Leads plaque for the new police station. Ms. Baker stated it is in the process. COUNCILMEMBERS COMMENTS: NONE MAYOR S REPORT: Mayor Fiala wished everyone Happy Holidays. Hearing no further discussion, Mayor Fiala adjourned the Regular Meeting at 8:07 p.m. Tara Grimm, CMC Clerk of Council (Transcribed for Acting Clerk James Silver) Jerry T. Fiala Mayor and President of Council DRAFT THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 13, 2017 Page 8 of 8

14 THE CITY OF KENT, OHIO COMMITTEE OF THE WHOLE WEDNESDAY, DECEMBER 6, 2017 Mayor Fiala called the meeting of the Committee of the Whole of Kent City Council to order at 7:00 p.m. PRESENT: ALSO PRESENT: ABSENT: MR. JACK AMRHEIN, MR. MICHAEL DeLEONE, MR. GARRETT FERRARA, MR. JOHN KUHAR. MS. MELISSA LONG, MS. HEIDI SHAFFER, MR. ROGER SIDOTI, MR. ROBIN TURNER, AND MS. TRACY WALLACH. MR. JERRY T. FIALA, MAYOR AND PRESIDENT OF COUNCIL; MR. DAVE RULLER, CITY MANAGER; MR. JIM SILVER, LAW DIRECTOR; MS. BRIDGET SUSEL, DIRECTOR OF COMMUNITY DEVELOPMENT; MR. TOM WILKE, ECONOMIC DEVELOPMENT DIRECTOR; MS. MELISSA BAKER, PUBLIC SERVICE DIRECTOR; MR. DAVID COFFEE, FINANCE DIRECTOR; MR. JIM BOWLING, CITY ENGINEER; POLICE CHIEF MICHELLE LEE. MS. TARA GRIMM, CMC, CLERK OF COUNCIL ***Limited audio recording was available for transcription by Clerk Grimm for Acting Clerk Silver due to recording volume, microphone issues and battery failure. Mayor Fiala referred to Chief Tosko who performed the Swearing-In Ceremony of Firefighter Chris Byrnes. There was 1 item on the Agenda. 1. Senior Advisory Committee Discussion. Mr. Ruller stated this is a continuation of the topic Ms. Long initiated and has championed. Staff currently does not have a strong sense of direction from Council on this matter whether to create a committee or a task force with like-minded individuals to advocate and guide Council s thought process on making sure we are an age friendly community, specifically as it deal with seniors. Ms. Long read from a prepared statement she shared with Council. (See Attachment #1) Ms. Shaffer questioned why Ms. Long feels so strongly about not wanting people who run agencies on the committee. Who would do the program, the City, Parks and Recreation and not hire some other entity? DRAFT Ms. Long clarified how she feels. To begin the committee and discussion, there should not be anyone associated with an outside agency. It would provide Council the opportunity to hear from our residents exactly what they want and need without outside influence. Then as we put the committee together further along, we can go outside for professional help and input based on what we want, not what they are trying to sell us. Ms. Shaffer is interested to see the results of the Parks and Recreation Senior survey, but feels that there is a whole lot more research that needs to be done how people are being served now, what kind of people would use a senior center, and looking at the future as well. Ms. Long stated that would all depend on what kind of funding would be put in place grants, tax levies, etc. She provided Mr. Ruller, Mayor Fiala and Mr. Coffee funding mechanisms that are already in place in several other senior centers in the counties surrounding us. There is also a levy made available through the Ohio Revised Code for communities that you can tax the residents to support. There are lots of ways and different types of building and facilities available to house a senior center. Page 1 of 4

15 Mr. Ferrara agrees with the benefit of a senior center, but questioned if we determined where the demand is coming from, or if that is part of this committee to figure out; where is it going to go piggyback on Parks and Rec or a standalone? It seems haphazard and we need some formal structure to determine how do we start, where do we go and what is the correlation with a city government? Ms. Long feel those are all things that should be bounced around with a senior committee to bring recommendations back to council. Mr. Idone s survey will already tell us where people are going now for social services, play cards, entertainment, trips and travel, physical fitness training. The correlation is dependent upon the funding through parks & rec, capital funds, levies, grants, etc. Mr. Ferrara asked if Ms. Long found that these facilities receive some financial support from their cities or are they their own financial entity. Ms. Long responded no, somehow they seem to be through their governmental agency in some way. Ms. Wallach feels that since the Parks and Recreation department has done so much research on this already getting ready for the community center, its seems like we should delegate it to the Parks and the committee can be under the Parks Board because already a lot of the research has been done in that aspect. Then they could refer back to Council. She would like to see all the material and data Ms. Long has because it is really hard to make a decision on nothing. Parks board would be a good place to start. Mr. Sidoti commented that there a lot of churches in our community that have active senior programs, however a large population of our seniors are not affiliated with any churches. It would make sense to consolidate a little bit if we create a senior center and possibly get support from a lot of different areas. There are a lot of things to be explored, but doesn t feel it is our Administration s job to explore it. He likes the idea of referring it to the Parks Board and craft a way to allow an ad-hoc member or 2 to the board from Council, so they can become versed in this and report back to Council. Then the Park Board could come back and present a recommendation. In his perspective, the Park Board is representative of the whole community. Mr. Turner would like to see something pulled together for the seniors. A better approach would be to establish a steering committee. Council should not take a large role in this, it needs to be developed by people in the community and the seniors become the driving force. We need to develop the instrument that can work for the seniors in this community. This is theirs, not ours. We need their voices to be heard. Mr. Kuhar asked why we couldn t locate every senior community services agency in our area that is funded by either state or federal funding and allow the seniors to try to coordinate then to take an allowance out of their budgets and lease a facility that has the basic needs that the seniors will be looking for an be part of a co-op type of effort. DRAFT Mr. Sidoti commented that the seniors of our community have been avid supporters of the Kent City Schools. Levies have not passed in this community without our seniors. He feels we should have some connection with the Kent City Schools in terms of facilities, standalone buildings like the Christopher Columbus Hall and form a partnership. He understands we have different levying capabilities per the Ohio Revised Code, but if the Kent City Schools, Kent State University, and Kent City silos could come together and collaborate about what each one of them could contribute to the idea of a senior center. It would bring the community together rather than have a small group outside of that. It would be a good thing for whoever leads the charge to try to bring those people to the table and ask what role each one of them can play in supporting our seniors who have supported our school system, building of our new police station, and a lot of stuff when they were younger. He questioned if there is even energy for this? Ms. Long answered Mr. Sidoti that Kent State University approached her. If the city does not form a senior center, KSU wants to create a senior center over on Allerton in their Intergenerational housing community. THE CITY OF KENT, OHIO COMMITTEE OF THE WHOLE WEDNESDAY, DECEMBER 6, 2017 Page 2 of 4

16 Co-mingling the money would be the issue between the schools, university and the City in support of one project. Ms. Shaffer has difficulty wrapping her mind around how you select a wraparound sample of seniors. At what age are people seniors? We are already going to have a huge diversity of opinion based on the age of a senior. It should be narrowed down to people who would personally use a senior center. We could pilot a mobile senior center and if we build it, they would come as a prelude to possibly what is yet to come. We need to have an open mind to what a senior center is and also how we could possibly phase it in as well as diversity on the steering committee. Mr. Kuhar disagrees. We already have mobile senior centers. We need to figure out where it is and how we are going to pay for it so seniors have something they can call home. They would want the stability of a go to place a central place where programs can be dispatched. Ms. Wallach said the decision Council was asked to make right now was to set up a committee to look at these things and not design the senior center right now, then asked if Council could focus on that and decide where the committee is going to start. Mr. Amrhein agreed with Ms. Wallach that we can t sit here and solve all the problems. That is why it is important to take it to a committee where they can begin at the beginning and then assign tasks to people within the committee. We will be here for years if you are asking us, as Council, to make all these decisions. Mayor Fiala would like to see all the survey results provided to review by whatever committee we send this to. Ms. Long responded to Ms. Shaffer and agreed with Mr. Kuhar as this cannot be done piecemeal. We can t intrude on private facilities that house seniors and tell them that every Thursday the entire senior community will be joining them. It should be in a central place and done by us, not private entities. Mr. Turner commented that we are merely providing a way for seniors to jump on and create what they want. Mr. Sidoti said we talk about One Kent, One Kent Initiative, compassionate city, and trying to make everyone feel connected to the community and feels we have a real solid foundation that Council and Administration has embraced that we want to try to add value to everyone s lives. He agrees with Mr. Kuhar that he, himself, will probably never be in a senior center, but there are people who really need to have a senior center; it is no different than the people we have reached out to from different cultures, faiths, and embraced diversity. There is diversity within our seniors. He is unsure how we do this, but we have already demonstrated a philosophical foundation that we want to add value to everyone s lives in the community. We don t always know how to do it all the time, however there is a commitment and this fits under the One Kent Initiative. Maybe we get a coordinator for One Kent and have them work on this and bring information back to Council. We ve already committed to this idea. Mayor Fiala referred to the audience DRAFT Barbara Tittle, 909 Middlebury Rd., Kent stated that when she first heard Ms. Long s she understood it to be a volunteer, local, grassroots group coming together to say what are our needs, wants and likes are. She agrees with Mr. Amrhein and Ms. Wallach to get away from the specifics right now to find out what the interest is. It does not necessarily have to go through the Parks Board. She felt Ms. Long is looking for a kick-start support from City Council. First we need to find out if there is really enough interest to even move forward. THE CITY OF KENT, OHIO COMMITTEE OF THE WHOLE WEDNESDAY, DECEMBER 6, 2017 Page 3 of 4

17 MOTION TO DELEGATE THE FORMATION OF A SENIOR CITIZEN CENTER COMMITTEE TO THE PARKS & RECREATION BOARD IF Mr. Idone is in agreement. Mr. Idone commented that he will definitely share the report of the older adult programming study. We try to avoid the word seniors, which is the current trend. What came out of the report is that there are 4 distinct separate groups, all with different needs. We have a good base and some good information. In 2018, we do not have the money in the budget for full senior program, however we are committing a parttime person to work hours per week to try and start some senior programming particularly at the fitness center. We already have 4 different Silver Sneakers classes and do take them to satellite locations. We are also working with University Hospitals Age Well, Be Well program, and in the planning stages of Wellness Wednesdays where once a month either a doctor or a nurse from University Hospital will come and talk about different topics like diabetes, prevention, talking to your PCP, medications, etc. We feel one of the reasons the bond issue did not pass is we didn t engage the senior community as well as we could have. We need to build that base a bit before we consider bringing it back to the voters. If we can begin some programming, have a couple special events, we can begin to build that senior base. There is still a lot of work that needs to be done. Ms. Wallach asked if Mr. Idone is willing to do a committee under his umbrella or if he is saying a committee is not necessary. Mr. Idone stated we will work with and be a lead for a committee. He agreed with Mr. Sidoti, that it should just be a part of Parks and Recreation. It really needs to be a grassroots thing. Ms. Wallach agreed, it would just be under his Parks Board but comprised of school, university and community people. Ms. Wallach reiterated her motion. MOTION TO DELEGATE THE FORMATION OF A SENIOR CITIZEN CENTER COMMITTEE UNDER THE PARKS & RECREATION BOARD made by Ms. Wallach, seconded by Mr. Amrhein. The motion CARRIED by a voice vote of 9-0. Hearing no further business before this Committee, Mayor Fiala adjourned the meeting at 7:45 p.m. Transcribed by Tara Grimm, CMC Clerk of Council for Acting Clerk Jim Silver DRAFT ACTION RECOMMENDED (per Acting Clerk Silver): 1) REFER THE FORMATION OF A SENIOR CITIZEN CENTER COMMITTEE TO THE PARKS & RECREATION BOARD THE CITY OF KENT, OHIO COMMITTEE OF THE WHOLE WEDNESDAY, DECEMBER 6, 2017 Page 4 of 4

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19 THE CITY OF KENT, OHIO COMMUNITY DEVELOPMENT COMMITTEE WEDNESDAY, DECEMBER 6, 2017 Chair John Kuhar called the meeting of the Community Development Committee of the Kent City Council to order at 7:45 p.m. PRESENT: ALSO PRESENT: ABSENT: MR. JACK AMRHEIN, MR. MICHAEL DeLEONE, MR. GARRETT FERRARA, MR. JOHN KUHAR. MS. MELISSA LONG, MS. HEIDI SHAFFER, MR. ROGER SIDOTI, MR. ROBIN TURNER, AND MS. TRACY WALLACH. MR. JERRY T. FIALA, MAYOR AND PRESIDENT OF COUNCIL; MR. DAVE RULLER, CITY MANAGER; MR. JIM SILVER, LAW DIRECTOR; MS. BRIDGET SUSEL, DIRECTOR OF COMMUNITY DEVELOPMENT; MR. TOM WILKE, ECONOMIC DEVELOPMENT DIRECTOR; MS. MELISSA BAKER, PUBLIC SERVICE DIRECTOR; MR. DAVID COFFEE, FINANCE DIRECTOR; MR. JIM BOWLING, CITY ENGINEER; POLICE CHIEF MICHELLE LEE. MS. TARA GRIMM, CMC, CLERK OF COUNCIL ***Limited audio recording was available for transcription by Clerk Grimm for Acting Clerk Silver due to recording volume, microphone issues and battery failure. There were 4 items on the Agenda. 1. Approve the EDA Revolving Loan Fund Semi-Annual Certification Mr. Ruller referred to Mr. Wilke who reiterated some highlights from his memo to the City Manager dated November 16, The Economic Development Administration (EDA) requires the City of Kent's Revolving Loan Fund (RLF) Review Committee and Kent City Council to semi-annually certify that the City is administering its EDA-funded RLF business loan program in accordance with the region's economic development plan and the EDA's regulatory requirements. The RLF Committee met on November 6, 2017 and voted unanimously to certify that the City's EDA business loan program was administered in compliance with all regional and federal requirements for the period April 1, 2017 through September 30, We have only had one new RLF Loan for this year, the Sugar Rush Candy store in the amount of $14,400 to help them get started. We have 8 active loans with an outstanding balance of $159,736. The original principal balance on those loans were $372,784. There are all keeping up with their payments. We have 2 funds from which we loan money out of. One is the EDA Fund with a balance of $387,942, and the other is the UDAG fund which has a balance of $330,038. We loan at ¾ of the prime rate, so our current interest rate is %. The next few years, with small business loans becoming lax, they are funding 90% of the business, therefore our 30% is not necessarily needed. DRAFT He is seeking Council approval of a resolution, with emergency, affirming that the City's program is consistent with the economic development focus for the region and that it is being administered in compliance with all EDA programmatic requirements and standards. Ms. Long questioned if any of that money reverts back if we do not lend it out. Mr. Wilke replied no, at this time we are not at risk for that. There were no further comments from the audience or Council. MOTION TO APPROVE EDA REVOLVING LOAN FUND CERTIFICATION AND DECLARING AN EMERGENCY made by Mr. Ferrara seconded by Mr. Sidoti, and CARRIED by a voice vote of 9-0. Page 1 of 3

20 2. Authorize the RLF Committee Member Appointment Recommendation Mr. Wilke explained to Council, as outlined in his memo to the City Manager dated November 16, 2017, the City's Loan Review Board is responsible for reviewing loan applications from qualified businesses seeking Economic Development Administration (EDA) funding to assist with needed commercial start-up or production expansion costs. The program guidelines designated the creation of the five (5) member Board and specified that it consist of: a.) Three (3) experienced loan officers from different local banks; b.) One (1) local realtor who has knowledge of the commercial real estate market; c.) One (1) local attorney. The local realtor position is filled by Dennis Eberhart whose term expires at the end of this year. He would like to continue serving the board and he has always been a consistent contributor in the past. I am requesting time at the December 6th committee session in order to request that Council consider reappointing Mr. Eberhart to the local realtor position on the Loan Review Board for a new five-year term expiring December 31, Mr. Ferrara asked if there was any other interest in this position. Mr. Wilke commented that they do not advertise. Ms. Wallach questioned if RLF was the Loan Review Board. Mr. Wilke replied, no it is the Revolving Loan Fund Review. There were no further comments from the audience or Council. MOTION TO APPROVE APPOINTMENT OF DENNIS EBERHART TO A TERM ON THE REVOLVING LOAN FUND COMMITTEE AND DECLARING AN EMERGENCY made by Ms. Shaffer seconded by Mr. Ferrara, and CARRIED by a voice vote of Update on New Businesses and Economic Development Projects Mr. Wilke presented a PowerPoint Presentation on the new businesses and economic development projects happening within the City and our 2 JEDD s. Most of our projects this year were within the City. This update is only for 1 year as compared to the last presentation which was comprised of 2 years. (See Attachment #1) 4. Consider Trex Liquor License Request, 211 Franklin Avenue Ms. Susel is requesting Council approval as outlined in her November 28, 2017 Memo to the City Manager. The City has received a TREX transfer permit request from B's Kitchen LLC, which is the business entity that has acquired the vacant Mugs Brew Pub property, located at 211 Franklin Avenue, and the building at 114 West Erie Street, which had previously been occupied by Ramella's Pizzeria. DRAFT The new owners plan to demolish the two existing structures and construct a new, 26,200 s.f., six (6) story building that will house a bakery and bar area on the ground level, a restaurant on the second floor, and have 16 high-end residential apartment units on the upper three levels. The request is for the proposed TREX transfer of a class D-5 permit to allow for full Iiquor service at the new bar and restaurant. The new property owners have invested $655,000 to acquire the two properties and to pay off the real property tax delinquency that remained from the prior owner. The planned investment is estimated to be an additional $4.85 million for the costs of construction, commercial equipment, leasehold improvements and design/engineering fees. Based on the information provided to the City, all of the requirements specified in the City's TREX Guidelines, approved by Council on May 15, 2013, have been met, including: 1. Investment in acquiring the properties, construction of the new building, commercial equipment and leasehold improvements is equal to $2 I0 per square foot, which exceeds the City's minimum investment level requirement of$175 per square foot; 2. Operation is located within the City of Kent Commercial-Downtown District (C-D); THE CITY OF KENT, OHIO COMMUNITY DEVELOPMENT COMMITTEE MEETING WEDNESDAY, DECEMBER 6, 2017 Page 2 of 3

21 3. Permit classification has been identified and the permit source will be reported to the City prior to authorizing endorsement of TREX in writing to the Division of Liquor Control; 4. New owner will enter into a development agreement with the City of Kent if Council grants approval of the TREX transfer request; 5. Recognition from the applicants that they will seek Council approval if the permit is to be transferred to another individual, corporation, LLC or partnership located within the City of Kent. There were no further comments from the audience or Council. MOTION TO AUTHORIZE TREX LICENSE DEVELOPMENT AGREEMENT WITH B S KITCHEN, LLC FOR PROPERTY AT 211 FRANKLIN AVENUE, KENT, OHIO AND DECLARING AN EMERGENCY made by Ms. Shaffer seconded by Mr. Ferrara, and CARRIED by a voice vote of 9-0. Hearing no further business before this Committee, Chair Kuhar adjourned the meeting at 8:35 p.m. Tara Grimm, CMC Clerk of Council ACTION RECOMMENDED: 1) APPROVE EDA REVOLVING LOAN FUND CERTIFICATION. 2) APPROVE APPOINTMENT OF DENNY EBERHART TO A TERM ON THE REVOLVING LOAN FUND COMMITTEE. 3) AUTHORIZE TREX LICENSE DEVELOPMENT AGREEMENT WITH B S KITCHEN, LLC FOR PROPERTY AT 211 FRANKLIN AVENUE, KENT, OHIO. DRAFT THE CITY OF KENT, OHIO COMMUNITY DEVELOPMENT COMMITTEE MEETING WEDNESDAY, DECEMBER 6, 2017 Page 3 of 3

22 THE CITY OF KENT, OHIO HEALTH & SAFETY COMMITTEE WEDNESDAY, DECEMBER 6, 2017 Chairman Jack Amrhein called the meeting of the Health & Safety Committee of Kent City Council to order at 8:35 p.m. PRESENT: ALSO PRESENT: ABSENT: MR. JACK AMRHEIN, MR. MICHAEL DeLEONE, MR. GARRETT FERRARA, MR. JOHN KUHAR. MS. MELISSA LONG, MS. HEIDI SHAFFER, MR. ROGER SIDOTI, MR. ROBIN TURNER, AND MS. TRACY WALLACH. MR. JERRY T. FIALA, MAYOR AND PRESIDENT OF COUNCIL; MR. DAVE RULLER, CITY MANAGER; MR. JIM SILVER, LAW DIRECTOR; MS. BRIDGET SUSEL, DIRECTOR OF COMMUNITY DEVELOPMENT; MR. TOM WILKE, ECONOMIC DEVELOPMENT DIRECTOR; MS. MELISSA BAKER, PUBLIC SERVICE DIRECTOR; MR. DAVID COFFEE, FINANCE DIRECTOR; MR. JIM BOWLING, CITY ENGINEER; AND POLICE CHIEF MICHELLE LEE. MS. TARA GRIMM, CMC, CLERK OF COUNCIL. ***Limited audio recording was available for transcription by Clerk Grimm for Acting Clerk Silver due to recording volume, microphone issues and battery failure. There were 3 items on the Agenda. 1. Authorize Public Defenders Office Contract renewal Mr. Ruller and Mr. Silver explained this is an annual item mandated by law that requires Council s approval. After no further comments from Council, Mr. Amrhein turned to the audience, who also had no comments. MOTION TO AUTHORIZE CONTRACT BETWEEN THE CITY OF KENT AND THE PORTAGE COUNTY PUBLIC DEFENDER S OFFICE WITH AN EMERGENCY CLAUSE made by Mr. Kuhar seconded by Mr. Ferrara, and CARRIED by a voice vote of Authorize the Citywide Trash Contract for Public Bid Mr. Ruller referred to Ms. Baker who is requesting Council approval to go out to Bid as outlined in her November 28, 2017 Memo to the City Manager. Base bid stays exactly as it is. Ms. Wallach asked if we could delay this item. DRAFT There was clarification that this is only to go out to bid and see what all our options are. There were no comments from the audience or Council. MOTION TO AUTHORIZE THE SERVICE DIRECTOR TO PUT OUT FOR BID TRASH COLLECTION FOR THE CITY WITH AN EMERGENCY CLAUSE made by Mr. Kuhar seconded by Mr. Sidoti, and CARRIED by a voice vote of Authorize Donation of K-9 Aiko to his Handler Sgt. James Ennemoser Mr. Ruller referred to Chief Lee to the City Manager dated November 29, 2017 who is requesting the retirement of K-9 Aiko and transferring ownership to his handler, Sergeant James Ennemoser. There were no comments from the audience or Council. MOTION TO AUTHORIZE THE TRANSFER OF OWNERSHIP OF AIKO TO SERGEANT JAMES ENNEMOSER WITH AN EMERGENCY CLAUSE made by Mr. Kuhar seconded by Mr. Ferrara, and CARRIED by a voice vote of 9-0. Page 1 of 2

23 Hearing no further business before this Committee, Chairman Amrhein adjourned the meeting at 8:47 p.m. Tara Grimm, CMC Clerk of Council ACTION RECOMMENDED: 1) AUTHORIZE CONTRACT BETWEEN THE CITY OF KENT AND THE PORTAGE COUNTY PUBLIC DEFENDER S OFFICE. 2) AUTHORIZE THE SERVICE DIRECTOR TO PUT OUT FOR BID TRASH COLLECTION FOR THE CITY. 3) AUTHORIZE THE TRANSFER OF OWNERSHIP OF AIKO TO SERGEANT JAMES ENNEMOSER. DRAFT THE CITY OF KENT, OHIO HEALTH & SAFETY COMMITTEE MEETING WEDNESDAY, DECEMBER 6, 2017 Page 2 of 2

24 THE CITY OF KENT, OHIO FINANCE COMMITTEE WEDNESDAY, DECEMBER 6, 2017 Chair Michael DeLeone called the meeting of the Finance Committee of Kent City Council to order at 8:47 p.m. PRESENT: ALSO PRESENT: ABSENT: MR. JACK AMRHEIN, MR. MICHAEL DeLEONE, MR. GARRETT FERRARA, MR. JOHN KUHAR. MS. MELISSA LONG, MS. HEIDI SHAFFER, MR. ROGER SIDOTI, MR. ROBIN TURNER, AND MS. TRACY WALLACH. MR. JERRY T. FIALA, MAYOR AND PRESIDENT OF COUNCIL; MR. DAVE RULLER, CITY MANAGER; MR. JIM SILVER, LAW DIRECTOR; MS. BRIDGET SUSEL, DIRECTOR OF COMMUNITY DEVELOPMENT; MR. TOM WILKE, ECONOMIC DEVELOPMENT DIRECTOR; MS. MELISSA BAKER, PUBLIC SERVICE DIRECTOR; MR. DAVID COFFEE, FINANCE DIRECTOR; MR. JIM BOWLING, CITY ENGINEER; POLICE CHIEF MICHELLE LEE. MS. TARA GRIMM, CMC, CLERK OF COUNCIL. ***Limited audio recording was available for transcription by Clerk Grimm for Acting Clerk Silver due to recording volume, microphone issues and battery failure. There were two (2) items on the Agenda. 1. Approve the 2017 Budget Appropriations Amendment Mr. Coffee is requesting Council approval as outlined in his November 29, 2017 memo to the City Manager. There were no comments from the audience or Council. MOTION TO APPROVE THE 2018 OPERATING BUDGET INCLUDING THE SALARY INCREASE TO THE MAYORAL POSITION FOR 2018, WITH AN EMERGENCY CLAUSE made by Ms. Wallach, seconded by Mr. Ferrara, and CARRIED by a voice vote of Approve the 2018 Position Allocation Ordinance Ms. Stemnock is requesting Council approval as outlined in her December 6, 2017 memo to the City Manager. DRAFT There were no comments from the audience or Council. MOTION TO AUTHORIZE THE NEW GENERAL COMPENSATION PLAN FOR CITY EMPLOYEES EFFECTIVE JANUARY 1, 2018 THROUGH DECEMBER 31, 2020, AND DECLARING AN EMERGENCY made by Mr. Amrhein, seconded by Mr. Sidoti, and CARRIED by a voice vote of 9-0. At 8:51, after hearing no further business before this Committee, Council moved into Executive Session. MOTION TO MOVE INTO EXECUTIVE SESSION IMMEDIATELY FOLLOWING IN ACCORDANCE WITH ORC (G)(1): TO CONSIDER THE APPOINTMENT, EMPLOYMENT, DISMISSAL, DISCIPLINE, PROMOTION, DEMOTION, OR COMPENSATION OF A PUBLIC EMPLOYEE OR OFFICIAL, OR THE INVESTIGATION OF CHARGES OR COMPLAINTS AGAINST A PUBLIC EMPLOYEE, OFFICIAL, LICENSEE, OR REGULATED INDIVIDUAL, UNLESS THE PUBLIC EMPLOYEE, OFFICIAL, LICENSEE, OR REGULATED INDIVIDUAL REQUESTS A PUBLIC HEARING was made by Mr. Amrhein, seconded by Mr. Ferrara. On Roll call voting Yes : Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Long, Mr. Shaffer, Mr. Sidoti, and Ms. Wallach. Motion CARRIED 9-0. Page 1 of 2

25 At 9:14 p.m., Council came out of Executive Session and reconvened the meeting in open forum. MOTION TO ADOPT THE CHANGES FOR THE NEW THREE YEAR GENERAL COMPENSATION PLAN BEGINNING THROUGH , AND TO APPROVE THE PLAN, AND DECLARING AN EMERGENCY, was made by Mr. Ferrara, seconded by Mr. DeLeone and carried by a voice vote of 9-0. MOTION HAVE THE CITY JOIN RITA AND OTHER OHIO COMMUNITIES IN A LAWSUIT AGAINST THE STATE OF OHIO IN AN EFFORT TO REPEAL CERTAIN ASPECTS OF HB 49, PASSED BY THE OHIO LEGISLATURES EARLIER THIS YEAR, AND DECLARING AN EMERGENCY, was made by Mr. Ferrara, seconded by Ms. Shaffer and carried by a voice vote of 9-0. Chair DeLeone adjourned the meeting at 9:18 p.m. Tara Grimm, CMC Clerk of Council ACTION RECOMMENDED: 1) APPROVE THE 2018 OPERATING BUDGET INCLUDING THE SALARY INCREASE TO THE MAYORAL POSITION FOR 2018, WITH AN EMERGENCY CLAUSE. 2) AUTHORIZE THE NEW GENERAL COMPENSATION PLAN FOR CITY EMPLOYEES EFFECTIVE JANUARY 1, 2018 THROUGH DECEMBER 31, 2020, AND DECLARING AN EMERGENCY. 3) AUTHORIZE APPROPRIATION AMENDMENTS TO THE 2017 APPROPRIATION ORDINANCE. 4) AUTHORIZE THE 2018 POSITION ALLOCATION ORDINANCE. 5) AUTHORIZE THE CITY TO JOIN RITA IN THEIR LAWSUIT AGAINST THE STATE OF OHIO FOR H.B. 49. DRAFT THE CITY OF KENT, OHIO FINANCE COMMITTEE MEETING WEDNESDAY, DECEMBER 6, 2017 Page 2 of 2

26 RESOLUTION NO A RESOLUTION APPOINTING ROBERT A. RUMMEL, JR. TO THE BOARD OF BUILDING APPEALS, AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. APPEALS. NAME That ROBERT A. RUMMEL, JR. is hereby appointed to the BOARD OF BUILDING TERM ROBERT A. RUMMEL, JR. 1/18/ /31/2021 SECTION 2. As stated in Section of the Codified Ordinances of the City of Kent, any person hereby appointed shall forfeit his or her term if he or she is absent from three (3) regular meetings of the Board or Commission to which he or she is appointed, unless one or more of these absences has been excused by the majority of members thereof. SECTION 3. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 4. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Resolution is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF RESOLUTION No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

27 RESOLUTION NO A RESOLUTION APPOINTING DENISE S. MOTE TO THE INCOME TAX BOARD OF REVIEW, AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That DENISE S. MOTE is hereby appointed to the INCOME TAX BOARD OF REVIEW. NAME TERM DENISE S. MOTE 1/18/ /31/2020 SECTION 2. As stated in Section of the Codified Ordinances of the City of Kent, any person hereby appointed shall forfeit his or her term if he or she is absent from three (3) regular meetings of the Board or Commission to which he or she is appointed, unless one or more of these absences has been excused by the majority of members thereof. SECTION 3. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 4. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Resolution is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF RESOLUTION No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

28 RESOLUTION NO A RESOLUTION APPOINTING DEBBIE SMEILES TO THE PARKS AND RECREATION BOARD, AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That DEBBIE SMEILES is hereby appointed to the PARKS AND RECREATION BOARD. NAME TERM DEBBIE SMEILES 1/16/ /31/2023 SECTION 2. As stated in Section of the Codified Ordinances of the City of Kent, any person hereby appointed shall forfeit his or her term if he or she is absent from three (3) regular meetings of the Board or Commission to which he or she is appointed, unless one or more of these absences has been excused by the majority of members thereof. SECTION 3. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 4. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Resolution is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF RESOLUTION No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

29 RESOLUTION NO A RESOLUTION APPOINTING JOHN BELFIORE TO THE SHADE TREE COMMISSION, AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That JOHN BELFIORE is hereby appointed to the SHADE TREE COMMISSION. NAME TERM JOHN BELFIORE 4/16/ /31/2022 SECTION 2. As stated in Section of the Codified Ordinances of the City of Kent, any person hereby appointed shall forfeit his or her term if he or she is absent from three (3) regular meetings of the Board or Commission to which he or she is appointed, unless one or more of these absences has been excused by the majority of members thereof. SECTION 3. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 4. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Resolution is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF RESOLUTION No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

30 RESOLUTION NO A RESOLUTION APPOINTING AUDREY CIELINSKI KESSLER TO THE SHADE TREE COMMISSION, AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. COMMISSION. NAME That AUDREY CIELINSKI KESSLER is hereby appointed to the SHADE TREE TERM AUDREY CIELINSKI KESSLER 1/18/ /31/2022 SECTION 2. As stated in Section of the Codified Ordinances of the City of Kent, any person hereby appointed shall forfeit his or her term if he or she is absent from three (3) regular meetings of the Board or Commission to which he or she is appointed, unless one or more of these absences has been excused by the majority of members thereof. SECTION 3. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 4. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Resolution is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF RESOLUTION No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

31 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH MILLENNIA HOUSING DEVELOPMENT, LTD. AND THE CITY OF KENT TO FURNISH AND MAINTAIN THE LANDSCAPE IN THE LAWRENCE COURT CUL-DE-SAC ISLAND, AND DECLARING AN EMERGENCY. WHEREAS, the City of Kent wishes to enter into a Memorandum of Understanding with Millennia Housing Development, Ltd. for the installation and maintenance of the landscaping and lawn in the middle of the new cul-de-sac on Lawrence Court; and WHEREAS, the maintenance of the landscaping and lawn with be at the expense of Millennia Housing Development, Ltd. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Council does hereby authorize the City Manager, or his designee, to enter into a Memorandum of Understanding with Millennia Housing Development, Ltd. for the installation and maintenance of the landscaping and lawn in the middle of the new cul-de-sac on Lawrence Court at the expense of Millennia Housing Development, Ltd., and is more fully described in Exhibit A attached hereto and incorporated herein. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

32 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A NUISANCE ABATEMENT AGREEMENT BETWEEN THE PORTAGE COUNTY LAND REUTILIZATION CORPORATION AND THE CITY OF KENT TO ASSIST IN ABATING INSECURE, UNSAFE OR STRUCTURALLY DEFECTIVE STRUCTURES THAT HAVE BEEN DECLARED TO BE A PUBLIC NUISANCE, AND DECLARING AN EMERGENCY. WHEREAS, the City of Kent wishes to enter into a Nuisance Abatement Agreement between Portage County Land Reutilization Corporation ( Land Bank ); and WHEREAS, the Land Bank helps Portage County municipalities in abating insecure, unsafe or structurally defective structures that they have declared to be a public nuisance by funding and causing such structures to be removed at no cost to the municipality; and WHEREAS, the City of Kent has declared the structures at 210 Harris Street, 249 Lake Street, and 249-1/2 Lake Street, Kent, Ohio to be a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Council does hereby authorize the City Manager, or his designee, to enter into a Nuisance Abatement Agreement between Portage County Land Reutilization Corporation ( Land Bank ) to assist in abating insecure, unsafe or structurally defective structures that have been declared to be a public nuisance, such as 210 Harris Street, 249 Lake Street and 249-1/2 Lake Street, Kent, Ohio, and is more fully described in Exhibit A attached hereto and incorporated herein. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

33 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A SETTLEMENT AGREEMENT BETWEEN PATRICK M. DEGREGIO AND THE CITY OF KENT TO RAZE THE STRUCTURE KNOWN AS 249-1/2 LAKE STREET, KENT, OHIO, WITH THE FUNDS BEING PROVIDED BY THE PORTAGE COUNTY LAND REUTILIZATION CORPORATION, AND DECLARING AN EMERGENCY. WHEREAS, the City of Kent wishes to enter into a Settlement Agreement with Patrick M. Degregio to raze the structure known as 249-1/2 Lake Street, Kent, Ohio because it is considered uninhabitable; and WHEREAS, Portage County Land Reutilization Corporation will provide the funds for razing the structure known as 249-1/2 Lake Street, Kent, Ohio in order to help municipalities in abating insecure, unsafe or structurally defective structures that they have declared to be a public nuisance by causing such structures to be removed at no cost to the municipality. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Council does hereby authorize the City Manager, or his designee, to enter into a Settlement Agreement between Patrick M. Degregio to raze the structure known as 249-1/2 Lake Street, Kent, Ohio with the funds being provided by Portage County Land Reutilization Corporation, and is more fully described in Exhibit A attached hereto and incorporated herein. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

34 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A SETTLEMENT AGREEMENT BETWEEN MICHELLE L. SETLOCK AND THE CITY OF KENT TO RAZE THE STRUCTURE KNOWN AS 210 HARRIS STREET, KENT, OHIO, WITH THE FUNDS BEING PROVIDED BY THE PORTAGE COUNTY LAND REUTILIZATION CORPORATION, AND DECLARING AN EMERGENCY. WHEREAS, the City of Kent wishes to enter into a Settlement Agreement with Michelle L. Setlock to raze the structure known as 210 Harris Street, Kent, Ohio because it is considered uninhabitable; and WHEREAS, Portage County Land Reutilization Corporation will provide the funds for razing the structure known as 210 Harris Street, Kent, Ohio in order to help municipalities in abating insecure, unsafe or structurally defective structures that they have declared to be a public nuisance by causing such structures to be removed at no cost to the municipality. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Council does hereby authorize the City Manager, or his designee, to enter into a Settlement Agreement between Michelle L. Setlock to raze the structure known as 210 Harris Street, Kent, Ohio with the funds being provided by Portage County Land Reutilization Corporation, and is more fully described in Exhibit A attached hereto and incorporated herein. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

35 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A SETTLEMENT AGREEMENT BETWEEN AMY M. WAPLES AND THE CITY OF KENT TO ALLOW THE CITY TO ENTER ONTO HER PROPERTY KNOWN AS 249 LAKE STREET, KENT, OHIO, IN ORDER TO RAZE 249-1/2 LAKE STREET BECAUSE IT IS UNINHABITABLE AND IT ENCROACHES UPON OTHER PROPERTY, AND DECLARING AN EMERGENCY. WHEREAS, the City of Kent wishes to enter into a Settlement Agreement with Amy M. Waples to enter onto her property known as 249 Lake Street, Kent, Ohio, in order to raze the structure known as 249-1/2 Lake Street, Kent, Ohio because it is considered uninhabitable and is encroaching upon other property; and WHEREAS, Portage County Land Reutilization Corporation will provide the funds for razing the structure known as 249-1/2 Lake Street, Kent, Ohio in order to help municipalities in abating insecure, unsafe or structurally defective structures that they have declared to be a public nuisance by causing such structures to be removed at no cost to the municipality. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Council does hereby authorize the City Manager, or his designee, to enter into a Settlement Agreement between Amy W. Waples to enter onto her property in order to raze the structure known as 249-1/2 Lake Street, Kent, Ohio, because it is encroaching upon the property known as 249 Lake Street, Kent, Ohio, and the funds will be provided by Portage County Land Reutilization Corporation, and is more fully described in Exhibit A attached hereto and incorporated herein. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

36 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PARTICIPATE WITH THE STATE OF OHIO DEPARTMENT OF TRANSPORTATION (ODOT) FOR THE DOUBLE MICROSURFACING OF SR 43 FROM THE SOUTH CORPORATION LIMIT TO SR 261 DOUBLE AND MICROSURFACING OF SR 261 FROM SUMMIT STREET TO THE NORTH CORPORATION LIMIT; POR MCRO FY2018(B); PID , AND DECLARING AN EMERGENCY. WHEREAS, the State has identified the need to double Microsurface POR SR 43 from 7.51 to 8.15 and 8.50 to 10.23; and Microsurface POR SR 59 from 5.87 to 6.84 and POR SR 261 from 3.51 to 5.06, lying within the City of Kent; and WHEREAS, the City of Kent, hereinafter referred to as the Legislative Authority/Local Public Agency (LPA), wishes to participate with the Director of Transportation in the above described project; and WHEREAS, the LPA shall cooperate with the Director of Transportation in the above described project as follows: The City agrees to assume and bear one hundred percent (100%) of the entire cost of improvement, less the amount of Federal-Aid and State funds set aside by the Director of Transportation for the financing of this improvement from funds allocated by the Federal Highway Administration, U.S. Department of Transportation. The State shall assume and bear 80% of all of the costs of the improvement; with the LPA participating in the cost of construction within the city limits at twenty percent (20%). The LPA further agrees to pay One Hundred Percent (100%) of the cost of those features requested by the LPA which are determined by the State and Federal Highway Administration to be unnecessary for the Project. The LPA further agrees that change orders and extra work contracts required to fulfill the construction contracts shall be processed as needed. The State shall not approve a change order or extra work contract until it first gives notice, in writing, to the LPA. The LPA shall contribute its share of the cost of these items in accordance with other sections herein. The LPA further agrees to pay One Hundred Percent (100%) of the cost to install and/or repair curb ramps at all necessary intersections to ensure compliance with the Americans with Disabilities Act, if needed. The share of the cost of the LPA is now estimated in the amount of Twenty Four Thousand Eight Hundred Four and 00/100 Dollars, ($24,804.00), but said estimated amount is to be adjusted in order that the LPA's ultimate share of said improvement shall correspond with said percentages of actual costs when said actual costs are determined; and WHEREAS, The Director of Transportation has approved said legislation proposing cooperation and has caused to be made plans and specifications and an estimate of cost and expense for improving the above described highway and has transmitted copies of the same to this legislative authority; and WHEREAS, The LPA desires the Director of Transportation to proceed with the aforesaid highway improvement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Council does hereby authorize the City Manager, or his designee, to enter into an agreement to participate with the State of Ohio Department of Transportation for the resurfacing of SR 261, from the county line continuing east for approximately 3.51 miles on both sides of the divided highway; said consent attached hereto as Exhibit "A". a. That the estimated sum of Twenty Four Thousand Eight Hundred Four and 00/100 Dollars ($24,804.00) is hereby appropriated for the improvement described above and the fiscal officer is hereby authorized and directed to issue an order on the treasurer for said sum upon the

37 requisition of the Director of Transportation to pay the cost and expense of said improvement. We hereby agree to assume in the first instance, the share of the cost and expense over and above the amount to be paid from Federal funds. b. That the LPA hereby requests the Director of Transportation to proceed with the aforementioned highway improvement. c. That the LPA enter into a contract with the State, and that the City Manager be, and is hereby authorized to execute said contract, providing for the payment of the LPA the sum of money set forth herein above for improving the described project. d. That the LPA transmit to the Director of Transportation a fully executed copy of this Resolution. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this resolution is hereby declared to be an emergency measure necessary to expedite the highway project and to promote highway safety for the residents of this City, for which reason and other reasons manifest to this Council this resolution is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF RESOLUTION No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. TARA GRIMM, CMC CLERK OF COUNCIL (SEAL) Ordinance No Page 2 of 2

38 CERTIFICATE OF COPY STATE OF OHIO City of Kent of Portage County, Ohio, (LPA) Tara Grimm, as Clerk of the City of Kent, of Portage County, Ohio, does hereby certify that the foregoing is a true and correct copy of Resolution No, adopted by the legislative Authority of the said City of Kent on the 17 th day of January, 2018; that the publication of such Resolution No has been made and certified of record according to law; that no proceedings looking to a referendum upon such have been taken; and that such Resolution No and certificate of publication thereof are of record in Legislation Book No. 50. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal, if applicable, this 17 th day of January (SEAL) Clerk City of Kent of Portage County, Ohio (LPA) (If the LPA is designated as a City then the "City Seal" is required. If no Seal, then a letter stating "No Seal is required to accompany the executed legislation.) The aforegoing is accepted as a basis for proceeding with the project herein described. For the City of Kent of Portage, Ohio. (LPA) Attest:,, Date ****************************************************************************** For the State of Ohio Attest:,, Date Director, Ohio Department of Transportation

39 ORDINANCE NO AN ORDINANCE SETTING THE RATE OF PAY FOR THE MAYOR OF KENT, OHIO AND DECLARING AN EMERGENCY. WHEREAS, a Citizen panel was appointed in 2015 to review the rates of pay for the Mayor and City Council members for the City of Kent and to make recommendations for any changes they felt were needed; and WHEREAS, the Citizen panel recommended increasing the rates of pay for both the Mayor and City Council members; and WHEREAS, the City Council in November, 2017, authorized the increase in the rate of pay for the Mayor of Kent to $8, per year beginning January 1, 2018; and WHEREAS, the Mayor has no vote on this issue. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That the rate of pay for the position of Mayor for the City of Kent, Ohio be increased to $8, per year, effective January 1, SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

40 ORDINANCE NO AN ORDINANCE SETTING THE RATE OF PAY FOR THE WARD COUNCIL MEMBERS AND DECLARING AN EMERGENCY. WHEREAS, a Citizen panel was appointed in 2015 to review the rates of pay for the Ward Council Members for the City of Kent and to make recommendations for any changes they felt were needed; and WHEREAS, the Citizen panel recommended increasing the rate of pay for the Ward Council Members; and WHEREAS, the City Council in November, 2017, authorized the increase in the rate of pay for the Ward Council Members to $7, per year beginning January 1, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That the rate of pay for the position of the Ward Council Members be increased to $7, per year, effective January 1, SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

41 ORDINANCE NO AN ORDINANCE SETTING THE RATE OF PAY FOR THE AT LARGE CITY COUNCIL MEMBERS AND DECLARING AN EMERGENCY. WHEREAS, a Citizen panel was appointed in 2015 to review the rates of pay for the At Large City Council Members for the City of Kent and to make recommendations for any changes they felt were needed; and WHEREAS, the Citizen panel recommended increasing the rate of pay for the At Large City Council Members; and WHEREAS, the City Council in November, 2017, authorized the increase in the rate of pay for the At Large City Council Members to $7, per year beginning January 1, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That the rate of pay for the position of the At Large City Council Members be increased to $7,700 per year, effective January 1, SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

42 ORDINANCE NO AN ORDINANCE ACCEPTING A DONATION IN THE AMOUNT OF $1, TO THE CITY OF KENT PARKS & RECREATION DEPARTMENT FROM HENRY V. AND FRANCES W. CHRISTENSON FOUNDATION FOR THE 2018 KENT PARKS & RECREATION BEAUTIFICATION PROGRAM, AND DECLARING AN EMERGENCY. WHEREAS, the City of Kent Parks & Recreation Department has received a donation of $1, from Henry V. and Frances W. Christenson Foundation for the 2018 Kent Parks & Recreation Beautification Program; and WHEREAS, the City wishes to accept said donation. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Council does hereby authorize the City Manager on behalf of the City of Kent to accept the donation of $1, from Henry V. and Frances W. Christenson Foundation for the 2018 Kent Parks & Recreation Beautification Program. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

43 ORDINANCE NO AN ORDINANCE ACCEPTING A DONATION IN THE AMOUNT OF $ TO THE CITY OF KENT PARKS & RECREATION DEPARTMENT FROM ZEPHYR FOR THE HAROLD WALKER REST AREA ON THE PORTAGE HIKE & BIKE TRAIL, AND DECLARING AN EMERGENCY. WHEREAS, the City of Kent Parks & Recreation Department has received a donation of $ from Zephyr for the Harold Walker rest area on the Portage Hike & Bike Trail; and WHEREAS, the City wishes to accept said donation. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Council does hereby authorize the City Manager on behalf of the City of Kent to accept the donation of $ from Zephyr for the Harold Walker rest area on the Portage Hike & Bike Trail. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

44 ORDINANCE NO AN ORDINANCE ACCEPTING A DONATION IN THE AMOUNT OF $ TO THE CITY OF KENT PARKS & RECREATION DEPARTMENT FROM RICHARD AND DIANE KURLICH FOR MATERIALS FOR PICNIC TABLE EAGLE SCOUT PROJECT, AND DECLARING AN EMERGENCY. WHEREAS, the City of Kent Parks & Recreation Department has received a donation of $ from Richard and Diane Kurlich for Picnic Table Eagle Scout Project; and WHEREAS, the City wishes to accept said donation. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Council does hereby authorize the City Manager on behalf of the City of Kent to accept the donation of $ from Richard and Diane Kurlich for Picnic Table Eagle Scout Project. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

45 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A MANAGEMENT AGREEMENT WITH CENTURY 21 WILBUR REALTY AND THE CITY OF KENT TO RENT AND MANAGE THE PARCEL KNOWN AS 500 MIDDLEBURY ROAD, KENT, OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Kent wishes to enter into a Management Agreement with Century 21 Wilbur Realty to rent and manage the property known as 500 Middlebury Road, Kent, Ohio until the property is needed for future development; and WHEREAS, the management company will advertise, screen tenants, execute leases and extensions and collect and distribute rent monies on behalf of the City; and WHEREAS, the estimated cost for these services will be less than $1, annually; and WHEREAS, the sooner this agreement is executed, the sooner the City will realize rental income from the property. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Council does hereby authorize the City Manager, or his designee, to enter into a Management Agreement with Century 21 Wilbur Realty to rent and manage the property known as 500 Middlebury Road, Kent, Ohio, and is more fully described in Exhibit A attached hereto and incorporated herein. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

46 RESOLUTION NO A RESOLUTION OF SUPPORT FOR THE NATIONAL PARKS SYSTEM BY THE KENT CITY COUNCIL, AND DECLARING AN EMERGENCY. WHEREAS, America s National Park System is a living testament to our citizens valor, our nation s hardships, our victories, and our traditions as Americans, and has been called "America s Best Idea; and WHEREAS, the National Park System preserves the diversity, culture, and heritage of all Americans, and serves as a living classroom for future generations; and WHEREAS, in 2016, the National Park Service is celebrating its centennial and currently manages 410 nationally significant sites and an invaluable collection of more than 75,000 natural and cultural assets that span 84 million acres across all 50 states, the District of Columbia, and several U.S. territories and insular areas; and WHEREAS, the National Park Service s mission is to to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations; and WHEREAS, in 2015, the National Park System had more than 307 million visits; and WHEREAS, in 2015, National Park Service estimates indicate that park visitors spent more than $16.9 billion at the sites and in the states and local communities adjacent to national parks; and WHEREAS, the National Park Service has the obligation to preserve our nation s history; promote access to national parks for all citizens; stimulate revenue to sustain itself and nearby communities; educate the public about America s natural, cultural and historical resources, and provide safe facilities and environs to enjoy these resources; and WHEREAS, in 2016, the National Park Service estimated a deferred maintenance backlog of nearly $12 billion, which includes repairs to aging historical structures, trails, sewers, drainage, thousands of miles of roads, bridges, tunnels, and other vital infrastructure; and WHEREAS, it is the responsibility of Congress to maintain America s national parks to ensure our natural places and our history is preserved and documented for future generations, and for the adjacent communities that rely on the direct and indirect economic benefits generated by visits to national park sites. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That the Kent City Council strongly encourages Congress to create a reliable, predictable stream of resources to address deferred maintenance needs in America s National Park System. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal

47 action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF RESOLUTION No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL Resolution No Page 2 of 2

48 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR A FEMA ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM (AFG) GRANT IN THE AMOUNT OF $140,000.00, ACCEPT THE GRANT, IF AWARDED, AND APPROPRIATE FUNDS TO BE USED TO REPLACE THE TRUCK ROOM EXHAUST SYSTEM, AND DECLARING AN EMERGENCY. WHEREAS, the City of Kent Fire Department wishes to apply for the FEMA Assistance to Firefighters Grant Program AFG grant in the amount of $140, to be used to replace the truck room exhaust system; and WHEREAS, the Kent City Council wishes to accept the grant, if awarded, and appropriate the funds. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Council does hereby authorize the City Manager, or his designee, on behalf of the City of Kent Fire Department, to apply for the FEMA Assistance to Firefighters Grant Program (AFG) grant in the amount of $140,000.00, accept the grant, if awarded and appropriate the funds to be used to replace the truck room exhaust system, and is more fully described in Exhibit A attached hereto and incorporated herein. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date EFFECTIVE: Date Jerry T. Fiala Mayor and President of Council ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

49 ORDINANCE NO AN ORDINANCE AMENDING SECTION , TITLED PARKING METER ZONES, IN ORDER TO ADD COLLEGE STREET BETWEEN SOUTH WATER STREET AND FRANKLIN AVENUE TO EXHIBIT A, AS A STREET TO HAVE TWO (2) HOUR PARKING METERS INSTALLED, AND DECLARING AN EMERGENCY. WHEREAS, the City of Kent wants to help downtown businesses by turning over street parking more often than currently happens; and WHEREAS, business owners in the area of College Street between South Water Street and Franklin Avenue, have asked for help in creating more short term parking; and WHEREAS, the Parking Action Committee and staff have recommended the installation of parking meters on College Street between South Water Street and Franklin Avenue as a partial solution to the short-term parking issue; and WHEREAS, Chapter 358, upon the amendment, will allow for the installation, regulation and maintenance of additional downtown parking meters; and WHEREAS, approving this Ordinance immediately allow work to begin immediately on the installation of the parking meters. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring: SECTION 1. That Exhibit A to Chapter 358, Parking Meters, an amended copy of which is attached hereto as Exhibit 1, and made a part hereof, is hereby adopted as a part of the City of Kent, Ohio traffic code, in order to add parking meters on College Street, between South Water Street and Franklin Avenue. SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section of the Ohio Revised Code. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage. PASSED: Date Jerry T. Fiala Mayor and President of Council EFFECTIVE: Date ATTEST: Tara Grimm, CMC Clerk of Council I, TARA GRIMM, CLERK OF COUNCIL FOR THE CITY OF KENT, COUNTY OF PORTAGE, AND STATE OF OHIO, AND IN WHOSE CUSTODY THE ORIGINAL FILES AND RECORDS OF SAID COUNCIL ARE REQUIRED TO BE KEPT BY THE LAWS OF THE STATE OF OHIO, HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF ORDINANCE No., ADOPTED BY THE COUNCIL OF THE CITY OF KENT ON, 20. (SEAL) TARA GRIMM, CMC CLERK OF COUNCIL

50 EXHIBIT A ORDINANCE NO Page 1 of 3

51 EXHIBIT A ORDINANCE NO Page 2 of 3

52 EXHIBIT A ORDINANCE NO Page 3 of 3

53 EXHIBIT "A" Nuisance Abatement Agreement ThisAgreement is entered into this, 20---, by the Portage County Land Reutilization Corporation, an Ohio nonprofit corporation (the "land Bank"), and the City of Kent, Portage County, Ohio ("Kent") [collectlvelv, the "partles"). Whereas, the land Bank has adopted a Demolition Assistance Program to assist, as applied here, Portage County municipalities in abating insecure, unsafe, or structurally defective structures that they have declared to be a public nuisance by funding and causing such structure(s) to be removed at no cost to the munidpallty (the "Program"); Whereas, Ohio R.C (J) allows the Land Bank to contract with Kent to provide such nuisance-abatement assistance and Ohio R.C. 71S.261(E) allows Kent to contract with the Land Bank as set forth in this Agreement; Whereas, Kent has declared the structure at 210 Harris Street, Kent, Portage County, Ohio, PPN , as more fully described In exhibit A, to be a public nuisance and has obtained a settlement agreement from the property owner, Michelle L. Setlock, authorizing the demolition of the structure, a copy ofthe agreement is attached as Exhibit B; and Its legal advisor has opined that Kent, or its agent, has the authority to remove the structure, see opinion attached as Exhibit C; Whereas, in addition, Kent has declared the structure at 249 1/2 lake Street, Kent, Portage County, Ohio, PPN , as more fully described in Exhibit D, to be a public nuisance and has obtained a settlement agreement from the property owner, Patrick M. DeGregio (and the neighboring property owner, AmvM. Waples, because the structure encroaches on her property), authorizing the demolition of the structure, a copy of the agreement is attached as Exhibit E; and its legal advisor has opined that Kent, or Its agent, has the authority to remove the structure, see opinion attached as Exhibit F, Whereas, the structure at 210 Harris Street and the structure at 249 1/2 lake Street are referred to as the "Nulsance Structures" in this Agreement; Whereas, Kent has applied under the Program because the Nuisance Structures are eligible and subject to removal but It lacks the funds to remove them; Whereas, by this Agreement, the parties desire to set forth the terms and conditions under which the Land Bank will act as agent for Kent in causing the removal of the Nuisance Structures, at no cost to Kent; and NOW, THEREFORE, the parties, intending to be legally bound by this Agreement, and for the purposes set forth, do declare and agree as follows: (1) Agent. Per the terms and conditions of the Program and the additional terms and conditions set forth in this Agreement, Kentappoints the Land Bankas its agent to cause the removal of the Nuisance Structures at no cost to Kent, as follows: 1 ORDINANCE NO Page 1 of 10

54 EXHIBIT "A" (a) The Land Bankwill fund and cause the removal ofthe NuisanceStructures by an fndependent contractor in accordancewith all applicable federal, state, and local rules and regulations; (b) The Land Bankwill cause the site to be reasonably graded and seeded and clean of all debris associated with the removal of the Nuisance Structures; (c) The Land Bank will account but not record all costs incurred in performing its services rendered under this Agreement. Notwithstanding Ohio R.C , neither Kent nor the Land Bankwill assess the removal costsagainst the properties at 210 HarrisStreet and 249 1/2 Lake Street per the settlement agreements (Exhibits Band E)j and (d) The Land Bank will perform its servicesunder this Agreement within a reasonable time, not to exceed 180 daysfrom the date of this Agreement, unless the parties agree otherwise. (2) Defend. Kent represents that it hascomplied with the law in declaring the Nuisance Structures to be a public nursance and has obtained the settlement agreements authorizing the removal of the Nuisance Structures by Kent, or Its agent, and thereby agrees to defend and hold harmlessthe Land Bank, as its agent, and Its officers and independent contractors, agafnstall liabilities, claims, or demands for Injuries or damages to any personor property arising out ofor connected with any actions or Inactions of Kent in declaring the Nuisance Structures to be a public nuisance or entering into the settlement agreements. Kent understands and agrees that the Land Bank has relied on this representation and the opinion of Its lebal counsel in entering into this Agreement. WHEREFORE, the parties have signed thrs Agreement In Portage County, Ohio on the date first about written. Land Bank: City of Kent: By Stacy BrDwn,Authorized Representative _ By _ Approved asto form: Chad Murdock, Attornev for Land Bank James Silver, Kent Law Director 2 ORDINANCE NO Page 2 of 10

55 EXHIBIT "A" Exhibit A Situated In the Cityof Kent,County of Portageand Stateof Ohio: and known as being 80 feet off the west end of lots 87 and 88 in Henry Ainsworth's Addition to the City of Kent, as the same is platted and recorded in DeedBook 88, Page 43, PortageCountyRecords of Plat. Parcel 10: 17.Q Address: 210 Harris Street, Kent, OH ORDINANCE NO Page 3 of 10

56 EXHIBIT "A" ExhlbltB SETTLEMENT AGREEMENT This Settlement Agreement is made effective as ofthe date ofexecution hereofby the last party to sign by and between the CITY OF KENT, OHIO, 319 S. Water Street, Kent, Ohio and Michelle L. Setlock (hereinafter, "Property Owner"), with a mailing address of 947 Middlebury Road. Kent OH WITNESSETH: WHEREAS the PROPERTY OWNER owns property at 210 Harris Street, Kent, Ohio (Parcel # ) (hereinafter, "the premises''); AND WHEREAS the building official for the CITY OF KENT, OHIO has determined that the structure located at the premises is uninhabitable; AND WHEREAS the CITY OF KENT, OHIO and the PROPERTY OWNER agree that the structure located at the premises constitutes blight as defined in Ohio Revised Code Chapter 1.08; AND WHEREAS both the CITY OF KENT, OHIO and PROPERTY OWNER desire to take advantage ofavailable grant funding, or programs offered by the Portage County Land Reutilization Corporation (PCLRC), which provides funds for razing blight; AND WHEREAS the PROPERTY OWNER has had the opportunity to review this matter, including the terms ofthis Agreement, with legal counsel; AND THEREFORE, in consideration ofthe above recitals and covenants and promises hereunder set forth, and for other good and sufficient consideration, the CITY OF KENT, OHIO and PROPERTY OWNER agree to the following: THAT the CITY OF KENT, OHIO, or its designee, may take all steps necessary to raze the structure at the designated premises, including: I. Negotiating with any other lien holders on the property to facilitate the razing ofthe premises; AND 2. Authorizing the CITY OF KENT, OHIO, building official, the pelrc, or their designee(s), to inspect the property, engage in asbestos mitigation, and any other activity necessary to facilitate razing the premises; AND FURTHER, the CITY OF KENT, OHIO will attempt to utilize funds from available grant funding, or programs offered and implemented by the Portage County Land Reutilization Corporation, to cover the expenses for razing the structure at the premises; AND 10f1 ORDINANCE NO Page 4 of 10

57 EXHIBIT "A" Exhibit 8 FURTHER, the CITY OF KENT, OHIO will NOT place a lien on the premises for any expenses incurred relative to the razing ofthe structure at the premises; AND FURTHER, the CITY OF KENT, OHIO will not file a legal action filed in the Portage County Common Pleas Court; AND FURTHER, the PROPERTY OWNER will be required to continue to maintain the property for the duration of their ownership in accordance with all applicable Kent Codified Ordinances (KeD), including Keo "Uncut Grass or Weeds". PROPERTY OWNER Michelle L. Setlock BEFORE ME, A Notary Public, personally appeared, who acknowledges that he/she did sign the foregoing SETTLEMENT AGREEMENT and that the same is hislher free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal, at County,,this day of,2017. Notary Public Bridget O. Susel, Community Development Director City ofkent Date Witness lou ORDINANCE NO Page 5 of 10

58 EXHIBIT "A" Exhibit 0 Situated In the Township of Franklin (now City of Kent), Countyof Portage and State ofohio: and known as being part of Franklin Township lot 31, bounded and described as follows: Commencing at an iron pipe of the northeast corner of S.C. leighton'slot on Marvin Street; Thence North 10.5 feet to the South line oflot 1 in John Arighi's Allotment; Thence West along the South lineof lot Ii feet to the West line of said lot 1; Thence South 70 feet to a diagonal line of Arighi's land; Thence Northeasterly to the place of beginning and supposed to contain.16 ofan acre. Intending hereby to convey Lot 1261 In the Arighi addition In the City of Kent, Arighi Allotment Vol. 3, Page21 of Portage County Records. Parcel 10: Address: 249 ~ lake Street, Kent, OH ORDINANCE NO Page 6 of 10

59 EXHIBIT "A" Exhibit E SETTLEMENT AGREEMENT This Settlement Agreement is made effective as ofthe date ofexecution hereofby the last party to sign by and between the CITY OF KENT, OHIO, 319 S. Water Street, Kent, Ohio and Amy M. Waples (hereinafter, "PROPERTY OWNER"), with a mailing address of 551 VaUevview Street. Kent, OH WITNESSETH: WHEREAS the PROPERTY OWNERowns property at (Parcel # ); AND 249 Lake Street, Kent, Ohio WHEREAS the building official for the CITY OF KENT, OHIO has determined that the structure located at 249 Y1 Lake Street, Kent. Ohio (Parcel # > (hereinafter, "DESIGNATED PROPERTY"), is uninhabitable, constitutes blight and its OWNER and the CITY desires to attempt to utilize funds from available grant funding, or programs offered and implemented by the Portage County Land Reutilization Corporation (PCLRC), which provides funds for razing blight pursuant the Settlement Agreement dated ; AND WHEREAS the improvements on the DESIGNATED PROPERTY scheduled to be razed encroach upon the PROPERTY OWNER'S property; AND WHEREAS the PROPERTY OWNER'S property will be aesthetically enhanced by the razing ofthe improvements on the DESIGNATED PROPERTY; AND THEREFORE, in consideration ofthe above recitals and covenants and promises hereunder set forth, and for other good and sufficient consideration, the CITY OF KENT, OHIO and PROPERTY OWNER agree to the following: THAT the CITY OF KENT, OHIO, building official, the pelrc, or their designee(s) will take all steps necessary to raze the structure at the DESIGNATED PROPERTY, including: 1. Removal ofthe portion ofthe house that encroaches upon the PROPERTV OWNER'S property; including removal ofany utility connections; 2. Necessary restoration of land to existing grade and grass seeding with straw, where applicable. FURTHER, the PROPERTY OWNER, its successors, heirs, or assigns, will release and forever discharge and hold harmless the City, the PCLRC, and/or its contractors from any and all liability, claims, and demands ofwhatever kind or nature, either in law or in equity, which arise or may, hereafter, arise from these activities. The PROPERTY OWNER will release and forever discharge from any liability or claim that it may have with respect to bodily injury, personal 10f2 ORDINANCE NO Page 7 of 10

60 EXHIBIT "A" injury, illness, death, or property damage that may result from these activities. FURTHER, the Exhibit E PROPERTY OWNER, agrees to indemnifyand to hold harmless the City, the pclre, and/or its contractors from any loss, liability, damage, cost, or expense which they may incur as a result of death, injury, or property damage as a result of this agreement. PROPERTY OWNER Amy M. Waples BEFORE ME, A Notary Public, personally appeared, who acknowledges that hejshe did sign the foregoing SETTLEMENT AGREEMENT and that the same is his/her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal, at County,, this day of,2017. Notary Public Bridget O. Susel, Community DevelopmentDirector City ofkent Date Witness lou ORDINANCE NO Page 8 of 10

61 EXHIBIT "A" ExhibitE SETTLEMENT AGREEMENT This SettlementAgreementis made effective as of the date ofexecution hereof by the last party to sign by and betweenthe CITY OF KENT, OHIO, 319 S. Water Street, Kent, Ohio and Patrick M. Degregio (hereinafter, "Property Owner"), with a mailing address of 1227 E. Main Street.Apt. 2, Kent. OH \VITNESSETH: WHEREAS the PROPERTY OWNER owns property at 249 Vz Lake Street, Kent, Ohio (Parcel# ) (hereinafter, "the premises"); AND WHEREAS the building official for the CITY OF KENT, OHIO has determined that the structure locatedat the premises is uninhabitable; AND WHEREAS the CITY OF KENT, OHIO and the PROPERTYOWNER agree that the structure located at the premises constitutes blight as defined in Ohio Revised Code Chapter 1.08; AND WHEREAS both the CITY OF KENT, OHIO and PROPERTY OWNER desire to take advantageof available grant funding, or programs offeredby the Portage County Land Reutilization Corporation(PCLRC), which providesfunds for razing blight; AND WHEREAS the PROPERTY OWNER has had the opportunityto review this matter, includingthe terms ofthis Agreement, with legal counsel; AND THEREFORE, in consideration of the above recitals and covenantsand promises hereunderset forth, and for other good and sufficient consideration, the CITY OF KENT, OHIO and PROPERTY OWNER agree to the following: THAT the CITY OF KENT, OHIO, or its designee, may take all steps necessaryto raze the structure at the designated premises, including: 1. Negotiating with any other lien holders on the property to facilitate the razing ofthe premises; AND 2. Authorizing the CITY OF KENT, OHIO, building official,the PCLRC, or their designee(s), to inspect the property, engage in asbestos mitigation, and any other activitynecessary to facilitate razing the premises; AND FURTHER, the CITY OF KENT, OHIO will attempt to utilize funds from available grant funding, or programs offered and implemented by the Portage County Land Reutilization Corporation, to cover the expenses for razing the structure at the premises; AND Ion ORDINANCE NO Page 9 of 10

62 EXHIBIT "A" Exhibit E FURTHER, the CITY OF KENT, OHIO will NOT place a lien on the premises for any expenses incurred relative to the razing ofthe structure at the premises; AND FURTHER, the CITY OF KENT, OHIO will not file a legal action filed in the Portage County Common Pleas Court; AND FURTHER, the PROPERTY OWNER will be required to continue to maintain the property for the duration oftheir ownership in accordance with all applicable Kent Codified Ordinances (KCO), including KCO "Uncut Grass or Weeds". PROPERTY OWNER Patrick M. Degregio BEFORE ME, A Notary Public, personally appeared, who acknowledges that he/she did sign the foregoing SETTLEMENT AGREEMENT and that the same is hislher free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal, at County,, this day of,2017. Notary Public Bridget O. Susel, Community Development Director City ofkent Date Witness Ion ORDINANCE NO Page 10 of 10

63 EXHIBIT "A" ORDINANCE NO Page 1 of 3

64 EXHIBIT "A" ORDINANCE NO Page 2 of 3

65 EXHIBIT "A" ORDINANCE NO Page 3 of 3

66 EXHIBIT "A" ORDINANCE NO Page 1 of 3

67 EXHIBIT "A" ORDINANCE NO Page 2 of 3

68 EXHIBIT "A" ORDINANCE NO Page 3 of 3

69 EXHIBIT "A" ORDINANCE NO Page 1 of 2

70 EXHIBIT "A" ORDINANCE NO Page 2 of 2

71 EXHIBIT "A" RESOLUTION NO Page 1 of 7

72 EXHIBIT "A" RESOLUTION NO Page 2 of 7

73 EXHIBIT "A" RESOLUTION NO Page 3 of 7

74 EXHIBIT "A" RESOLUTION NO Page 4 of 7

75 EXHIBIT "A" RESOLUTION NO Page 5 of 7

76 EXHIBIT "A" RESOLUTION NO Page 6 of 7

77 EXHIBIT "A" RESOLUTION NO Page 7 of 7

78 EXHIBIT "A" ~21 MANAGEMENT AGREEMENT Wilbur Realty, Inc. 554 S. Water St., PO Box 683 Kent, OH (330) THIS AGREEMENT is made this day of, 2017 by and between CENTURY 21 WILBUR REALTY, INC... ( referred to as the AGENT) and (referred to as the OWNERS) to secure the services of the Agent in the Management of the real property located at =-=-::-:-:-=-=-:-: (hereinafter referred to as the PREMISES), under and subject to the following terms and conditions: 1. EMPLOYMENT AND AUTHORITY OF AGENT a) The Owners hereby appoint CENTURY 21 WILBUR REALTY, INC. as their sole and exclusive agent to rent, lease, manage, and operate the premises. b) For this purpose, the Agent is authorized to secure the services of other real estate brokers, place newspaper advertising, and post renting signs on the premises. c) The Agent is empowered to sign leases on the Owner's behalf, and to enforce the provisions of same, and to institute legal action or other proceeding to collect rents and other sums due, and to dispossess tenants and other persons from the premises. d) It is understood and agreed that CENTURY 21 Wilbur Realty, Inc. is the sole and procuring cause of any leases, written or oral that may be negotiated during this Agreement, even if said lease may have been negotiated either directly or indirectly by the Owners themselves. 2. SPECIFIC AUTHORITY ON REPAIRS AND ALTERATIONS The owners authorize the Agent to purchase necessary supplies; to contract -for utility services as needed, including vermin extermination, trash removal, and other services which the Agent shall deem advisable; and to make ordinary repairs, alterations or decorations to the premises, provided that the expenditure for anyone item shall not exceed the sum of $ , without the express written consent of the Owners, unless the Agent shall consider the circumstances surrounding the request for repairs or services to be an emergency and prior Owner consent is not readily obtainable. The Agent will use diligence in contracting for repairs and other services, and will have the right to hire, discharge, supervise and pay any employees, servants or contractors for work performed. The Agent will not be liable to the Owners or other workmen, if the Agent has taken reasonable care in their employment. ORDINANCE NO Page 1 of 9

79 EXHIBIT "A" 3. RESPONSIBILITIES OF THE AGENT In Addition to the foregoing authorizations. the Agent will perform the following functions on the Owner's behalf: Collect all the rents and income due from tenants when such amounts become due, and deposit same into an agency account maintained on behalf of the Owner. Withdraw from such account all funds needed for proper disbursements for expenses payable by Owner including, without limitation, the Agent's compensation. b) Collect security deposits under any lease and place same into escrow accounts as required by law. e) Maintain accurate and complete accounting records of all receipts and disbursements. and to submit at least once a month a written statement to the Owners indicating collection and expenses, along with copies of paid bills. d) Maintain a fidelity bond in adequate amounts for all employees of the Agent who handle or are responsible for the Owner's moneys. a) 4. COMPENSATION OF THE AGENT In consideration of the services to be rendered by the Agent, the Owners agree to pay the Agent any or all the following forms of compensation as may be applicable: a) b) e) d) e) f) FOR MANAGEMENT - a fee equal to Eight Percent (8%) of all rent and other income from the premises, including any and all sums collectible under any lease per month, including but not limited to water and sewer charges, excess taxes or insurance. The monthly fee will be, each month with or without rental income. The minimum fee shall be $35.00 per month. FOR LEASING - the sum of "h of one months rent shall be paid to the Agent as an "acquisition fee". LEASE CHARGES - late charges, uncollectable check charges, and application fees paid by tenants under any lease are the property of the Agent to offset the Agent's expenses in enforcing the respective lease provisions. FOR SALE TO TENANT - if a sale or exchange of the premises is effected to a tenant, or anyone acting on the tenant's behalf, a commission of SEVEN PERCENT (7%) of the gross sales price or valuation will be paid to the Agent upon close of the transaction. FOR ACQUIRING A TENANT ONLY for the owner the leasing fee is equal to the sum of the charge of rent for one month. And the cost of running the credit application. CREDIT APPLICATION FEE. The owner will be charged $25.00 for the cost of running a background and credit check. 5. INDEMNIFICATION The Owners shall save the Agent harmless from all suits for damages in connection with the proper management of the premises, and from liability for injuries suffered by any person while on the premises. The Owners shall carry, at the Owner's expense. sufficient public liability insurance with the Agent designated as an additional insured. ORDINANCE NO Page 2 of 9

80 EXHIBIT "A" 6. DISBURSEMENT OF FUNDS Disbursements of moneys received as rents and other income due from tenants shall be in accord with the attached SCHEDULE A, Disbursement of funds. Owner's checks will be processed between the gth and the 15 th of each month and disbursed to the owner at that time. 7. RESERVE FUND A Reserve Fund of $ N/A is to be established and held in the agency account for the purpose of paying disbursements authorized in SCHEDULE A. which may occasionally exceed revenues. In the event all or part of the reserve fund is used to meet the obligations of the Owners, the fund will be replenished in the subsequent month, or months, from moneys designated as disbursements to the Owners. Should the Owner determine this method inadvisable or not feasible the Owner will be billed the amount required to replenish the reserve fund and said Owners will pay said bill within 15 days. 8. TERM OF AGREEMENT After a trial period of sixty days, during which time this Agreement is terminable by either party at will, this Agreement will remain in effect for a period of ONE YEAR. At that time this contract will convert to a month by month agreement. Either party may terminate this Agreement at the end of said term by giving to the other party written notice of termination at least (60) days prior to the expiration of the then current term. In the event of any cancellation of this Agreement, the Agent is to receive the balance of any commissions due under this Agreement during the term of existing leases. g. VOLUNTARY CANCELLATION BY AGENT Notwithstanding any other provisions of this Agreement, the Agent may elect to cancel this Agreement upon the occurrence of any of the following circumstances: a) In the event of a bonafide sale or demolition of the premises. b) If a petition for bankruptcy is filed by either the Owners or the Agent, or if either shall make an assignment for the benefit of creditors or take advantage of any insolvency act. c) If the Owners shall fail to comply with any rule, order, determination, ordinance or law of any federal, state or local authority, relating to the operation of the premises. ORDINANCE NO Page 3 of 9

81 EXHIBIT "A" 10. BINDING AUTHORITY This agreement shall be binding upon the successors and assigns of the Agent, and the heirs, administrators, executors, successors and assigns of the Owner. 11. OTHER IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year first above written. BY: (OWNERS) Witness Vicki Mellon Agent for owner PROPERTY MANAGERS CENTURY 21 WILBUR REALTY, INC. ORDINANCE NO Page 4 of 9

82 EXHIBIT "A" Wilbur Realty, tnc. 554 S Water ST.POBox683 Kent.oH : F: After Hours' Emergency x221 e21propmgrvicki@aol. com RENTAL AGREEMENT On thfs day of. 20 I Century21 WilburRealty, Inc. the property manager andagentfor theownerof the premises being leased hereunder, referred to in this agreement as "Landlord", andthe person(s) named 'Tenant", enterinto this agreement in COunty Ohio in consideration of Landlord's andtenanfs mutual promises thatare stated below. 1. PARTIES AND DWELLING UNIT Theparties to this agreement are Century21 Wilbur Realty, Inc., referred to asthe Landlord, and ~, referred to as thetenant. The Landlord leases to The Tenant a property, located at --..: _ 2. LENGTH OF TIME The initialterm of this Agreement shall begin on and end on,. Afterthe initial term ends.the Agreement will continue for successive terms,ofone month. 3. RENTAL. PAYMENTS "The Tenant.agrees to pay a rent of.. :-----:- :-=-=----::-;-;:-DolI~.{$..;.. ':00) per.month due andpayable On the first of the month. Rental paynients will be mailed to Century 21 Wilbur Realty, Inc., PO Box 683 Kent, OH or Its assigns. LATE CHARGE Alate char.qe of $ per month will beassessed. The late.:ch~.ge_wdl be..added to the monthly rentfor any ' paymemreoeived after the 3rd day of-tre month. 'T.~ jate'~lisl:dtje 'AO~ thanthe first of the following month. Payment of the late charge shaltnot cure-any -default of this Agreement bytenant norshall landlord's. acceptaneeoof rentpast due or latecharges be considered a waiverof any default of.r~nant including Landlord's righua:eviction proceedings. Anyrental.paymentsmade by:clleck~sbau:,be.chargeda tlanbling.fee of Twenty Five Dollars ($25.00) if the checkis returned unpaid; Tenant shall be liable for anyfees associated with.collection of past due accounts. 4. UTILITIES Tenant is responsible for the electric (OhioEdison 1" ) and gas(dominion East OhIo ), ----:--::-:-:-:---:---~:-:---;- :_:_- :~:--:-_:_:;---_=_-_:_' :::_-and will immediately upon commencement of this Agreement, transfer the service to his/her name. Tenant will provide a transfer date or otherform of proofto Century21 Wilbur Realty, Inc., Property Management confirming theservices have been transferred. 5. CONDITION Tenant has examined and knows the condition of said premises and the personal property contained in said premises, and has received the same in good order and repair andwill surrender in as good condition as reasonable and careful use will permit. I_- initial ini1i2\ ORDINANCE NO Page 5 of 9

83 EXHIBIT "A" 6. USE The unit Is to be used for.normal residential purposes. Tenant shall not permitsaid premise, or any part thereof, to be usedfor (1) the conductof any offensive, noisyor dangerous activityor anything which Is against the laws or rules and regulations of any public authority at any time applicable to the saidpremises (this includes the use or sale of any illegaldrugs). The tenant shall not assign this agreement, sublet, or increase the number of occupants or vehicles without the written consent of the lessor. 7. LIABILITY lessor Is not liable to residentor anyoneelse for damages resultingfrom failure of any appliances and related fixtures. Lessorshall not be liable for cessation of any service.customaryto the building, when caused by circumstances beyond its control. Personal property placed anywhere on the premises by you or your guest remain at your risk and liability and not the Lessor or his agent. Tenant has been advised to obtain rental insurance purchased and paid for by the tenant. 8. ANIMALS, Dogs, cats or other animals shall not be kept as pets nor shall they be allowed on the premises. If there Is a violation. then the Lessor has the right to require the petls be removed and impose fines against the tenant. If the tenant refuses to remove the pet. then further action will be taken and It will not be limited to imposing fines. " MAINTENANCE,The tenant shall keep the premises in a clean sight/yand healthy condition. No painting 'or alterations shall be madewithout the written consentof the Lessor. No additional locks shall be placed upon the door of the, premises. Lock out fee of $35.00 will be due ahi~e of management assistance. Lessor shall make normal repairs to the unit. In the event that the needed repairis caused by the tenant, or guest, the tenantshall assume the cost of the repairs or replacement. Satellite dishes are not to be mountedon the building or any of the '.,..structures..the tenant'is -responsible forsnow removahlnd 'Iaw-Reare including-'fjowerbeds and leaf 'Cleanup. 9. ":SECURlTY DEPOSIT..,'withoutinterest, as a ',. The.ter.lant agrees to deposit.upon.execution:ofthis agreement the sum 'Of $ : :~. ~ guaranteefor the faithful petformanceof the terms ofthis agreement 'The 'secotity'depositwill be transferred to the ownerafter agreement of thislease. The security deposit SHALl NOT be considered the laet month's rent. The securitydepositwill be refunded,'if the',fouowing.terms are met: 1'0. There Is-no damage to Ills,unit and it is.reluntsd In ths: AmS t:01idltion as it was when first occupied. Keys Ire returned lind II forwarding sddress Is feftw/th the Lessor., Any repairs orcllnnirrg needed to tutore tbe unit will be ct.dueted frrjm the acurlty. dfipositjn(he,amounisjisted,-.butnot limited to,.tboa'/n itam. " '1 '14.,.," 11. "..TERMINATION OF LEASE '.,, In,additi~n to other.legal remedies. the ~~t.shau. ~elt the'sec~rity depq~1t ~.he or she-fails t~.occupy the unit for' the term of the Lease. The tenant shall give written notice 30 days p~or to the day of vacating the.unit.,this notice is to be mailed Io Century21 Wilbur Realty, Jnc., PO_Box 6~.3 Kent, OH Keys shall be returned to property management and1heday the keys are returned Will be,x:onsidered the last day of the tenants leased use of the property. 12. RIGHT OF ENTRY The Lessorshall have the right to enter and to inspectany portion of the premises at all reasonable times, to examine the condition and to perform such service and to make repairs and alterations as Lessor maydeem advisable, If the premises is a propertylisted for sale, the tenant MUST allow the premises to be shown with 24-hour notice. 13, RENTAL INCREASE The Lessor can increase the rent on the first due date which is 30 days after written notice to the Tenant provided that the tenants lease is on a month to month agreement. The tenant has the right of refusal of the rent increase. If the tenant refuses the rent increase, he or she must provide written notice within 15 days and vacate the premises within 30 days of the ref 1_- NO ORDINANCE ' _"71 ' l"'i,h:", 1 Page 6 of 9 "

84 EXHIBIT "A" 14. VACATING/CLEANUP The tenant will surrenq~:uniun as good condition as reasonable and careful use will permit. If it Is necessary for the Lessor to clean or repair after thetenant vacates due to failure of the tenant to maintain or clean the premises, the following (but notlimited to) charges will be borne by the tenant: General cleaning: sweepand-mep floors, vacuum rugs, washing closets and cupboards, etc. Defrost refrigerator Clean refrigerator Clean range oven Clean rangeoutside Clean bathroom (tub & bowl,floor,walls) $ $ $ $ $ $ Clean windows ' Cleanscreens Shampoo carpets Painting Newlocksdue tounreturned keys Missing app/'l8noe or accessorles Repairdamage Removing Trash $ 10.ooeach $ 10.00each ActualCost ActualCost ActualCost Actualoost ActualCost ActualCost 15. Smokedetectors andcarbon monoxide detectorshave been Installed in the leased unit. Tenant Is responsible to maintain the batteries and make sure the detectors are in working order. If they are not working it is tenants responsibility to notifycentury 21 Wilbur Realty Inc immediately in writing initialsl initials 16. Occupants residing in the leased.unit 17. APPLIANCES The following appliances are provided and includedin the lease.' 18. ORAL STATEMENT '.list-below any oraf'statementsur139fbements that have not been'listed. 19. RENTALlCREDtT;APPWCATION is attached and considered a parl.oftbis Lease...' I HEREBYAGREE ANDASSENTTO THE ABOVE ITEMS. Tenant Date Co-Tenant Date I!WE HEREBYACCEPT THIS AGREEMENT. LANDLORD: Century 21 Wilbur Realty, Inc. By: ~..."..---=_---:--;-;- ----:--:----;-;;---:_-;;---;----;- Vicki Mellon, PropertyManagement Agent for Landlord and Owners _ Date ORDINANCE NO Page 7 of 9

85 EXHIBIT "A" DlsdoM'e of rnt'crmmdon on ~ PaInt ljicfior ~ Pafnt Ha:lIrcf.G ladwimfnlamment Housing built bf/ore 1978may amt4ln leml-based point. LeiIdfrompDlnt polnt ~ anddust tan pose hfdltii h(lz(ltt/sf not rnd1ji1gf!4property. I..eDd exposll1 Is espeddijyhmti1fu1 to youngchi1drrn DTJdptrgnDnt women. Btforerrntingpre-197B hdus/ng, lessorsmustd/sdosethepresena tfknovm 1ead-lx1seiJpII1nttuJd/or IeDd~ point hi1zdnjs In the dwe11lng. U!ssees must also reane afrjietally approljtdpamphlet on lead poisoningprwentlon. ' Lessor's~ (a) Presence of lead-based paint and/or lead-basedpaint hazards (d1eck (I) or(il) below>:. OJ,Known lead-based paint and/orlead-bas8tpalnf hazards arepresent In,the hou5{ng (~~~. ' " 00 _ l..e5mr tlas no knowledge Of read-based pajnt and/or leachjasecf paint ha2ards In the housfng. '..,,(b}.reajrdsiand reports avaffable to1he lessor (d1eck'(l}'or:wbelaw): ".' '"._.(i)~ Lessor hasprcwided the'lessee wfih all avajliible li!cdrfs and FfPOr1s p!ffafnfng to Jea~ paint and/or lead-based pafnt hazimfsin the housfng,(iist 40cumenfs beiow).,; 60 ~,~r has no,reports orrecords pertajnrng.to Jead'~ paintandlot lead-based, '.paint hazards In the housing., ~s.~'(rnf(fao (c) Lessee hasrecef\7ed copies of all Information Ifsfed above. Cd) Lessee has received the pamphlet Proted Your familyfroml.eod In \-burhome. Alent'sAdmOwrqment QnlUaO {e} Agent has f"fanned' the lessor of the lessors obligatlons under 42 U5.C. 4B5'2(d) and is aware of hislher responsibility to ensure compliance. Certffiatfon ofaccuracy The fodowlng parties have reviewed the Information above and certify, 10the best of their knowledge, thai the information they have provided is true and accurate, Lessor Date Lessor Date Lessee I "' Date Lessee ORDINANCE NO Page 8 of 9 Date

86 EXHIBIT "A" EQUALHOUSING OPPORTUNITY It is illegal, pursuant to the Ohio Fair Housing Law, Division (H) of Section ofthe RevisedCode and the Federal Fair Housinglaw, 42 Us..C.A. 3601, as amended, to refuse to sell, transfer, assign, rent, lease, sublease or finance housingaccommodations, refuse to negotiate for the sale orrentaj.ofhousing.accommodations, or otherwisedeny or make unavailablehousing accommodations becauseofrace, color, religion, sex, familial status as defined in Section ofthe Revised Code, ancestry, military status as defined in that section, disability as defined in that section, or national origin or to so discriminate in advertising the sale or rental ofhousing, ~ the financing ofhousing, or in the provision ofrea1estatebrokerage services. It is also illegal, for profit,.to induce or..attemptto induce a person to sell or rent~ dwellingby representations regarding the entry into theneighborhood of a person or persons belonging to 0n:e.~f the protected classes. Tenant Date Co-Tenant Date LANDLORD: Century 21 Wilbur Realty, Inc. By: Vicki Mellon, Property Management Agent for Landlord and Owners _ -----:----:-:---:--~ : :- Date ORDINANCE NO Page 9 of 9

87

88 Date: Jan 10 th 2018 HASTINGS air energy control. inc To: From: Chief Tosco Matthew Johnson Sales Representative 5555 South Westridge Drive New Berlin, WI p: f: Illinois Office P: F: Michigan Office P: F: Minnesota Office P: F: Ohio Office P: F: Subject: Kent Fire Station #1 Plymovent Vehicle Exhaust Ventilation System Scope Hastings Air Energy Control, Inc. is quoting the Plymovent Diesel Exhaust Removal System as specified.we are offering a turn-key installed system. All labor, ductwork and controls will be included in this pricing. We are quoting East Bay (3) STR Rail 100ft with 4 apparatus drops - hooked up to a 7.5hp and vented to the outside with one central control West Bay (2) STR Rail 65ft (1) SBT with 4 apparatus drops - hooked up to a 7.5hp and vented to the outside with one central control Turn Key Installed System...$ * Tax needed add $4000 Power wiring not included Tax not included ` Does not include curbs of flashing Payment Terms: -. Hastings will provide their payment terms agreement upon request or upon award of the project. 3% Discount for Prepaid This price is guaranteed for 60-days after quote/bid date. If you have any questions please call me at Sincerely, Matthew Johnson Matthew Johnson matthewjohnson@hastingsairenergy.com For explanation of quote/bid, contact: Matthew Johnson cell#

89 Date: Jan 10 th 2018 HASTINGS air energy control. inc To: From: Chief Tosco Matthew Johnson Sales Representative 5555 South Westridge Drive New Berlin, WI p: f: Illinois Office P: F: Michigan Office P: F: Minnesota Office P: F: Ohio Office P: F: Subject: Kent Fire Station #2 Plymovent Vehicle Exhaust Ventilation System Scope Hastings Air Energy Control, Inc. is quoting the Plymovent Diesel Exhaust Removal System as specified.we are offering a turn-key installed system. All labor, ductwork and controls will be included in this pricing. We are quoting (2) SBT 20ft with 2 apparatus drops - hooked up to a 3hp and vented to the outside with one central control Turn Key Installed System...$ 28000* Tax needed add $1000 Power wiring not included Tax not included ` Does not include curbs of flashing Payment Terms: -. Hastings will provide their payment terms agreement upon request or upon award of the project. 3% Discount for Prepaid This price is guaranteed for 60-days after quote/bid date. If you have any questions please call me at Sincerely, Matthew Johnson Matthew Johnson matthewjohnson@hastingsairenergy.com For explanation of quote/bid, contact: Matthew Johnson cell# Creating a cleaner workplace

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CITY OF KENT, OHIO 320 S. Depeyster Street, Kent, OH (Main Fire Station) (330) Fax (330)

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