THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WED., JULY 15, 2015

Transcription

1 THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WED., JULY 15, 2015 This regular meeting of Kent City Council was called to order at 7:30 p.m. on Wed., July 15, 2015, by. PRESENT: ALSO PRESENT: ABSENT: MR. AMRHEIN, MR. DeLEONE, MR. KUHAR, MS. LONG, MS. SHAFFER, MS. WALLACH, AND MR. WILSON J. FIALA, MAYOR & PRESIDENT OF COUNCIL; D. RULLER, CITY MANAGER; J. SILVER, LAW DIRECTOR; AND L. JORDAN, CLERK OF COUNCIL MR. SIDOTI AND MR. FERRARA MOTION TO EXCUSE MR. SIDOTI AND MR. FERRARA Motion made by Mr. Wilson, seconded by Mr. Amrhein, and carried by a voice vote of 7-0. Mayor Fiala called upon Ms. Long for her opening remarks at this time. Ms. Long said the 20 th annual Heritage Festival was held on July 4 and was a huge success. She said this was sponsored by the Kent Area Chamber of Commerce and KUSO. Ms. Long said the weather cooperated and they had the largest crowd ever. Ms. Long thanked the Chamber, local merchants, and local service groups. She said they have not only created a destination, but they also have a community they are all proud of. Ms. Long said they also dedicated the Dan Smith Memorial Park earlier in the day, adding they shared many memories about Mr. Smith=s progressive dreams downtown. She said Mr. Smith will be with them every night, and wished him a good night. Following her opening remarks, Ms. Long led those present in the Pledge of Allegiance. MOTION TO APPROVE THE MINUTES OF REGULAR COUNCIL MEETING OF JUNE 17, Motion made by Ms. Long, seconded by Mr. DeLeone, and carried by a voice vote of 7-0. MOTION TO APPROVE THE MINUTES OF THE SPECIAL COUNCIL MEETING OF JULY 1, 2015; PUBLIC HEARING OF JULY 1, 2015; AND WORK SESSION OF JULY 1, Motion made by Ms. Long, seconded by Mr. DeLeone, and carried by a voice vote of 5-0-2, with Ms. Wallach and Mr. Kuhar abstaining. The Mayor called for audience comment at this time. He told those members of the audience wishing to speak to sign up with the Clerk who would call them forward. He asked they limit their comments to three minutes. Larry Shepherd, 496 S Francis St: Mr. Shepherd said he had three items, adding two were very important. He explained the first one dealt with his trailer, and he would skim through that one. Mr. Shepherd said he has been harassed and bullied, adding the man (Paul Bauer) has been a dictator to him. He said when he first introduced himself, he mumbled something, adding he could not understand what was said and had a witness. He said as soon as Mr. Bauer was done shaking his hand, he told him he had to move his trailer that day. Mr. Shepherd said he has been bullied, threatened, and harassed, and a citation was issued to the property owner. 1

2 Mr. Shepherd said he has done everything they have asked. He said he was told to quit selling because his fourteen days were up. He said he did not sell for fourteen days. Mr. Shepherd said he talked with Ms. Susel on June 19, and she told him to move it off the yard. Mr. Shepherd said the City=s parking regulation, , calls for one parking spot for every bedroom for a family residence. He said the only place they can park is in the front. Mr. Shepherd said they can park in the back, but would need a buffer and a few other things. He said this house has always had front yard parking. Mr. Shepherd said that according to their regulation, , if a violation is issued, it has to be issued to the violator, not the property owner. He said the same thing is in Mr. Shepherd said he received a letter, dated July 8, on July 13, and they were picking at his trailer. He said a five year old knows what a trailer is, but the City had to go to their ordinance on definitions. He said the letter tells him it must have tail lights and an illuminated license plate. Mr. Shepherd said the trailer is in construction, and has been under construction for six years. He said he was thrilled last fall to be able to start selling something, and he found a place to move it. Mr. Shepherd said he checked with Community Development who said what he was selling was acceptable in that zone. He said Ms. Phile told him he may have to get a variance, as it was used as residential. He said when he heard nothing two weeks later, he paid to have the trailer moved to that location. Mr. Shepherd said the trailer is 90% done and looks nice. He said it does not need a license plate or tail lights, and as a concession trailer, it has to be weighed. Mr. Shepherd said he cannot get a license until it is completed and weighed. He said if he is picked up, he will be fined if the weight is incorrect. Mr. Shepherd said the department is pulling tricks, as it is a trailer. He asked Council to ask the department to return the money. Mr. Shepherd said he wanted to address their police and fire departments. He said when the Rice case came up in Cleveland, he because aware that the Police Department is trained to shoot to kill. He said he was taught to do that, as a Vietnam vet, adding they had to go through a process to decide who was Vietnamese or Viet Cong. Mr. Shepherd said they had no bullet proof vests. He said there is no reason why the police cannot be trained to disarm someone by shooting, and shoot them in the leg. He asked they be better trained. Mr. Shepherd said the police, fire, and paramedics are the most important people in their lives. He repeated that at this time. He said if they have a fire or someone is breaking in, those are the people they want, not their wife or children who cannot protect them. Mr. Shepherd said they pay millions for sports people to play. He said they need to pay the police, fire, paramedics better. He said he would like to see everyone=s salary doubled in the next two years. Mr. Shepherd said he is buying a house on the west side of Kent, and the taxes are high. He said he would not mind paying an extra 5% for them. Hearing no further audience comment, Mayor Fiala called upon the Clerk for the written correspondence. The Clerk reported the following: 1) The Certificate of Estimated Property Tax Revenue for the proposed.73 mill West Side Fire Station renewal levy was received from the County Auditor on June 26, 2015, advising the estimated revenue would be $248,263. 2

3 2) A letter was received on June 29, 2015 from the Kent Canadian Club, located at 112 W. College Street, urging Council to think about existing businesses with respect to parking as the downtown continues to develop. This letter was forwarded to the Mayor and all members of Council on July 1, ) An was received from the Portage County Treasurer, on July 1, 2015, advising the County=s land bank was awarded $400,000 earlier in the year with a deadline of Sept. 30, He stated that those funds would be lost if not used by that time, and the Administrator of NDS, will meet with local officials on July 10, 14, 16, and 17, to discuss this program. This was forwarded to the Mayor and all members of Council on July 1, ) Four (4) Fiscal Officer=s Certificates were received on July 7, 2015, from David Coffee, Director of Budget & Finance, for the renewal of the four notes. 5) Notification was received from the Portage County Commissioner=s office on July 7, 2015, that they will be considering a resolution supporting a moratorium on fracking statewide. They welcomed public comments prior to the hearing scheduled for July 9, This was forwarded to the Mayor and all members of Council on July 7, After the agenda was printed, the following correspondence was received: 1) Kent Karate, located at 122 W. College Ave., sent a letter to Council on July 8, 2015, expressing concern with parking, currently, and expressing concerns if an apartment proposal was accepted downtown. This letter was forwarded to the Mayor and members of Council on July 15, ) Notification was received from the Ohio Division of Liquor Control on July 8, 2015, for a stock transfer for Family Tacos, LLC dba Fresco Mexican Grill & Salsa Bar, 100 E. Erie Street., 1 st. Fl & Patio, Suite 112, Kent. Objections must be postmarked no later than August 6, Chief Lee has no objections to the transfer. MOTION TO RETURN WITH NO OBJECTIONS. Motion made by Mr. Wilson, seconded by Mr. Kuhar, and carried by a voice vote of 7B0. 3) An was received from Perry Phillips on Friday, July 10, 2015, urging the City to stop using Round Up in city parks, flowerbeds, and other public areas, as he considers it a threat to the community, the environment, and pollinators. This was forwarded to the Mayor & members of Council on July 13, ) Minutes of the June 2015 Standing Rock Cemetery Board meeting were placed on file by Council=s representative, Mr. DeLeone, prior to the start of this meeting. 5) The agenda packet for the July Parks and Recreation Board meeting was placed on file by Mr. Wilson, Council=s liaison, prior to the start of this meeting. 6) An was received from Kori Brady, resident of High Street, objecting to the petition being circulated on her street to ban all on-street parking. This was forwarded to the Mayor and all members of Council on July 15, City Manager=s Report MOTION TO APPROVE ITEMS #1 THROUGH #14 Motion made by Mr. Wilson, seconded by Ms. Shaffer, and carried by a voice vote of

4 The following items were approved by the aforementioned motion: 1) Authorization of Draft No , American Legion donation of $ ) Authorization of Draft No , FEMA grant for Fire Department 3) Authorization of Draft No , Donation, Norwood/Beech Drive for Parks and Recreation 4) Authorization of Draft No , Donation, Aurora City Schools for flowering perennials 5) Agenda time, AMATS request, Sidewalk improvements on SR 43 6) Agenda time, proposed new rental licensing program 7) Agenda time, certification of property addresses for placement of liens 8) Agenda time, budget appropriation amendment 9) Agenda time, 2015 Celebrate Kent grants 10) Agenda time, parking changes on Day Street 11) Agenda time, presentation on the status of development and investment activity in the Main Street corridor 12) Agenda time, review of the RFP status of the old courthouse project 13) Agenda time, review of sewer ordinance and designation of public versus private repair responsibilities 14) Agenda time, review/renew the City School Resource Officer with the Kent City Schools STANDING COMMITTEES Mayor FIala announced the balloting results for the vacancies on the City=s boards and commissions at this time: Architectural Review Board Parking Action Committee Board of Health Fair Housing Board Board of Building Appeals P.A.R.T.A. Allan Orashan William Arthur Joan Seidel Rouvan Cyncynatus Willie C. Watts, Jr. Brian Gray. MOTION TO AUTHORIZE DRAFT NOS , , , , AND , INSERTING THE APPROPRIATE NAMES. Motion made by Mr. Wilson, seconded by Ms. Shaffer, and carried by a voice vote of 7-0. The Mayor asked the Clerk to read Draft No by title only at this time. A RESOLUTION APPOINTING ALLAN ORASHAN TO THE ARCHITECTURAL REVIEW BOARD, AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, and Mr. Amrhein. The motion carried by a roll call vote of 7-0. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, and Mr. Amrhein. The motion carried by a roll call vote of

5 : A RESOLUTION APPOINTING ALLAN ORASHAN TO THE ARCHITECTURAL REVIEW BOARD, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. A RESOLUTION APPOINTING WILLIAM ARTHUR TO THE PARKING ACTION COMMITTEE, AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. The motion carried by a roll call vote of 7-0. Roll call was taken on the motion. Voting aye: Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. The motion carried by a roll call vote of : A RESOLUTION APPOINTING WILLIAM ARTHUR TO THE PARKING ACTION COMMITTEE, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. A RESOLUTION APPOINTING JOAN SEIDEL TO THE BOARD OF HEALTH, AND DECLARING AN EMERGENCY. Motion made by Mr. Wilson, seconded by Ms. Shaffer. Roll call was taken on the motion. Voting aye: Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Kuhar. The motion carried by a roll call vote of 7-0. Motion made by Mr. Wilson, seconded by Ms. Shaffer. Roll call was taken on the motion. Voting aye: Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Kuhar. The motion carried by a roll call vote of : A RESOLUTION APPOINTING JOAN SEIDEL TO THE BOARD OF HEALTH, AND DECLARING AN EMERGENCY. 5

6 The Mayor asked the Clerk to read Draft No by title only at this time. A RESOLUTION APPOINTING WILLIE C. WATTS, JR. TO THE BOARD OF BUILDING APPEALS, AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, and Ms. Long. The motion carried by a roll call vote of 7-0. Roll call was taken on the motion. Voting aye: Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, and Ms. Long. The motion carried by a roll call vote of : A RESOLUTION APPOINTING WILLIE C. WATTS, JR. TO THE BOARD OF BUILDING APPEALS, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. A RESOLUTION APPOINTING BRIAN GRAY TO THE PORTAGE AREA REGIONAL TRANSPORTATION AUTHORITY (P.A.R.T.A), AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, and Ms. Shaffer. The motion carried by a roll call vote of 7-0. Roll call was taken on the motion. Voting aye: Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, and Ms. Shaffer. The motion carried by a roll call vote of : A RESOLUTION APPOINTING BRIAN GRAY TO THE PORTAGE AREA REGIONAL TRANSPORTATION AUTHORITY (P.A.R.T.A), AND DECLARING AN EMERGENCY. It was noted the draft ordinance for the Fair Housing Board appointment was omitted from this agenda, and would be included on the next agenda. 6

7 COMMUNITY DEVELOPMENT COMMITTEE MOTION TO AUTHORIZE THE WRITTEN REPORT OF JULY 1, Motion made by Mr. DeLeone, seconded by Mr. Wilson, and carried by a voice vote of 5-0-2, with Ms. Wallach and Mr. Kuhar abstaining. MOTION TO AUTHORIZE THE FIRST RECOMMENDED ACTION OF JULY 1, AUTHORIZING CHARTER AMENDMENTS TO SECTIONS ARTICLE V, SECTION 23; ARTICLE II, SECTION 5; ARTICLE VI, SECTION 24(c); AND ARTICLE XV, SECTION 66A. Motion made by Mr. DeLeone, seconded by Ms. Shaffer. Ms. Long said her same comment applies to all. She said she made a request to the County Board of Elections with respect to the Charter amendments they would submit for the electorate to vote on. She distributed copies of the comments she received from Terrie Nielsen, Deputy Director. She said there is a dramatic difference in the charge back to the City between even and odd numbered years. She said in even numbered years, the State pays a portion, leaving a smaller amount to be charged back. Ms. Long said in November 2014, there were two issues on the ballot, and it cost the City $ She said in November 2013, there was one issue for a cost of $ Ms. Long said in November 2011, one issue cost $ She said it is hard to predict the charge back amount, as it depends on the number of ballots, whether it is an even or odd year, and how many other issues are on the ballot. Ms. Long said if they can put these Charter amendments on in an even numbered year, the cost would be much less. She said Ms. Nielsen from the Board of Elections was available if they needed other information. Ms. Long asked that they approve the amendments, but move them to an even-numbered year. She said that Section 62 of their Charter says the Charter Review Commission would meet to consider all recommendations, and after due deliberation and consideration, shall consider which shall be considered to electorate for approval. Ms. Long said no date is listed. She said they have the ability to wait to put them on the ballot, and if they wait until May 2016, the cost would be significantly less. She asked if it was their pleasure, and questioned if there is anything to stop them from moving the issues to an even numbered year. Mayor Fiala noted that she asked the Charter Review Commission the same question, and asked their response. She suggested they ask the Chair of the Commission, Ms. Meltzer, who was present. Mayor Fiala pointed out they had a motion on the floor. Ms. Long said she cannot answer for Ms. Meltzer. Mr. Kuhar said he is opposed to Action #1, as it talks about the number of signatures needed for a recall vote. He said that it looks like it is a smart thing, but is not smart. Mr. Kuhar suggested they look at his ward, adding they have many registered voters who do not even live in Kent any more. He said they could never reach the numbers by signatures, and suggested they leave it as it stands, as it is difficult. Mr. Kuhar said it is a rare situation when they have a problem. He said it is not an easy process, even under the present conditions. Mr. Kuhar said his ward has 2,000 registered voters, but only sixty people vote. He said it is an uneven playing field. Mr. Kuhar said he would oppose the motion. The motion carried by a voice vote of 6-1, with Mr. Kuhar dissenting. MOTION TO APPROVE THE SECOND ACTION, TO AUTHORIZE A CHARTER AMENDMENT TO REMOVE THE TERM LIMITS FOR THE PLANNING COMMISSION. Motion made by Mr. DeLeone, seconded by Mr. Wilson, and carried by a voice vote of

8 MOTION TO APPROVE THE THIRD ACTION, AUTHORIZING THE ADMINISTRATION TO MOVE FORWARD WITH THE ORIGINAL BUILDING DESIGN FOR THE POLICE FACILITY. Motion made by Mr. DeLeone, seconded by Mr. Wilson, and carried by a voice vote of 6-0-1, with Ms. Wallach abstaining. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE PROVIDING FOR SUBMISSION TO THE ELECTORATE AT THE GENERAL ELECTION TO BE HELD NOVEMBER 3, 2015, A PROPOSAL TO AMEND ARTICLE II, SECTION 5 OF THE CHARTER OF THE CITY OF KENT, OHIO AND THEREBY DELETE THE PROHIBITION THAT PRESENT OR FORMER MEMBERS OF THE ASSESSMENT EQUALIZATION BOARD, PLANNING COMMISSION, BOARD OF ZONING APPEALS, AND CHARTER REVIEW COMMISSION CANNOT BE APPOINTED AS A CITY EMPLOYEE OR BE HIRED AS AN INDEPENDENT CONTRACTOR DURING THEIR SERVICE AND FOR SIX MONTHS THEREAFTER, AND DECLARING AN EMERGENCY. Motion made by Mr. Wilson, seconded by Ms. Shaffer. Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Shaffer, and Ms. Wallach. Ms. Long abstained. The motion failed by a roll call vote of (Seven votes are needed for suspension to pass). MOTION TO APPROVE THE FIRST READING. MOTION TO AMEND TO MOVE THE SUBMISSION TO THE SPRING ELECTION IN Motion made by Ms. Shaffer. At this time, Mayor Fiala noted that the Law Director was shaking his head in dissent, and asked him to speak. Mr. Silver said in the Ohio constitution, once adopted, changes go Aforthwith@, adding case law has interpreted that to mean the next general election. He said if they want to change the Charter to be in even numbered years, they can do that but it would not help them at this meeting. Ms. Wallach noted they have not yet adopted the draft. She said they can fail to adopt it. Ms. Shaffer withdrew her amendment, which had already died for lack of a second. Ms. Wallach asked if they were unable to adopt it with an amendment, and Mr. Silver said they can, except the amendment is not legal. Ms. Wallach said it is illegal if it is adopted already, and it has not been adopted. Mr. Silver said that once adopted, they must send it forthwith, which would be the next general election. Mr. Wilson asked the time limit for the November ballot, and the Clerk said it was August 5. Mr. Wilson said by not passing them at this meeting, they may have to wait until spring. He said they would need to more meetings if they do not pass suspension. Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Shaffer, and Ms. Wallach. Ms. Long abstained. The motion carried by a roll call vote of

9 The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE PROVIDING FOR SUBMISSION TO THE ELECTORATE AT THE GENERAL ELECTION TO BE HELD NOVEMBER 3, 2015, A PROPOSAL TO AMEND ARTICLE V, SECTION 23 OF THE CHARTER OF THE CITY OF KENT, OHIO AND THEREBY CHANGE THE NUMBER OF SIGNATURES REQUIRED TO FILE A RECALL PETITION AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Mr. Amrhein, Mr. DeLeone, Ms. Shaffer, Ms. Wallach, and Mr. Wilson. Mr. Kuhar dissented and Ms. Long abstained. The motion failed by a roll call vote of MOTION TO APPROVE THE FIRST READING. Mr. Kuhar said as lawmakers, they do the best to their ability to be clear on what they do. He said they have the voters and the public control government, and if necessary, they have the availability to change things. He said if this passes, it will take away part of the voter s= rights, and he would not support it. Roll call was taken on the motion. Voting aye: Mr. Amrhein, Mr. DeLeone, Ms. Shaffer, Ms. Wallach, and Mr. Wilson. Mr. Kuhar dissented, and Ms. Long abstained. The motion failed by a roll call vote of These ordinances need a 2/3 vote or six votes in the affirmative. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE PROVIDING FOR SUBMISSION TO THE ELECTORATE AT THE GENERAL ELECTION TO BE HELD NOVEMBER 3, 2015, A PROPOSAL TO AMEND ARTICLE VI, SECTION 24C OF THE CHARTER OF THE CITY OF KENT, OHIO AND THEREBY CHANGE THE NUMBER OF SIGNATURES NEEDED FOR INITIATIVE AND REFERENDUM PETITIONS, AND DECLARING AN EMERGENCY. MOTION TO APPROVE THE FIRST READING. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, and Mr. Amrhein. The motion carried by a roll call vote of 7-0. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE PROVIDING FOR SUBMISSION TO THE ELECTORATE AT THE GENERAL ELECTION TO BE HELD NOVEMBER 3, 2015, A PROPOSAL TO AMEND ARTICLE XIII, SECTION 61(b) OF THE CHARTER OF THE CITY OF KENT, OHIO, REMOVING THE TERM LIMITS FOR MEMBERS OF THE PLANNING COMMISSION, AND DECLARING AN EMERGENCY. MOTION TO APPROVE THE FIRST READING. 9

10 Mr. Kuhar asked how they can pass a draft with Nov. 3 listed as the election date if it will not be done in time. The Clerk said it can be done if they have two special meetings between now and August 5. Mayor Fiala said they can meet the following week to discuss the drafts again, and Mr. Kuhar said they would get the same results. Mr. Amrhein disagreed, adding Mr. Ferrara and Mr. Sidoti will be back at that time. Mayor Fiala said they are letting down the system, adding they gave a charge to the Charter Review Commission, and are letting them down. Mr. Kuhar said they will still pass, adding they are saving City and the taxpayers thousands of dollars. Roll call was taken on the motion. Voting aye: Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. The motion carried by a roll call vote of 7-0. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE PROVIDING FOR SUBMISSION TO THE ELECTORATE AT THE GENERAL ELECTION TO BE HELD NOVEMBER 3, 2015, A PROPOSAL TO AMEND ARTICLE XV, SECTION 66(a) OF THE CHARTER OF THE CITY OF KENT, OHIO, REMOVING THE TERM LIMITS FOR MEMBERS OF THE BOARD OF HEALTH, AND DECLARING AN EMERGENCY. MOTION TO APPROVE THE FIRST READING. Roll call was taken on the motion. Voting aye: Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Kuhar. The motion carried by a roll call vote of 7-0. FINANCE COMMITTEE MOTION TO APPROVE THE WRITTEN REPORT OF JULY 1, 2015, AND THE RECOMMENDED ACTION, AUTHORIZING THE RENEWAL OF THE NOTE ORDINANCES AS PRESENTED. Motion made by Mr. Wilson, seconded by Mr. DeLeone, and carried by a voice vote of 6-0-1, with Ms. Wallach abstaining. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE ACCEPTING A DONATION IN THE AMOUNT OF $ TO THE CITY OF KENT PARKS & RECREATION DEPARTMENT FROM THE NORWOOD/BEECH DRIVE NEIGHBORHOOD FOR THE PLANTING OF THREE (3) TREES IN MEMORY OF THEIR NEIGHBORS WHO HAVE DIED RECENTLY, AND DECLARING AN EMERGENCY. Motion made by Mr. Wilson, seconded by Mr. Kuhar. Roll call was taken on the motion. Voting aye: Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, and Ms. Long. The motion carried by a roll call vote of

11 Roll call was taken on the motion. Voting aye: Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, and Ms. Long. The motion carried by a roll call vote of : AN ORDINANCE ACCEPTING A DONATION IN THE AMOUNT OF $ TO THE CITY OF KENT PARKS & RECREATION DEPARTMENT FROM THE NORWOOD/BEECH DRIVE NEIGHBORHOOD FOR THE PLANTING OF THREE (3) TREES IN MEMORY OF THEIR NEIGHBORS WHO HAVE DIED RECENTLY, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE ACCEPTING A DONATION IN THE AMOUNT OF $ TO THE CITY OF KENT PARKS & RECREATION DEPARTMENT FROM THE AURORA CITY SCHOOL DISTRICT FOR FLOWERING PERENNIALS TO PROMOTE A HABITAT FOR BEES, AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, and Ms. Shaffer. The motion carried by a roll call vote of 7-0. Roll call was taken on the motion. Voting aye: Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, and Ms. Shaffer. The motion carried by a roll call vote of : AN ORDINANCE ACCEPTING A DONATION IN THE AMOUNT OF $ TO THE CITY OF KENT PARKS & RECREATION DEPARTMENT FROM THE AURORA CITY SCHOOL DISTRICT FOR FLOWERING PERENNIALS TO PROMOTE A HABITAT FOR BEES, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE ACCEPTING A DONATION TO THE CITY OF KENT PARKS AND RECREATION DEPARTMENT FROM THE AMERICAN LEGION PORTAGE POST #496 IN THE AMOUNT OF $ AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, Ms. Shaffer, and Ms. Wallach. The motion carried by a roll call vote of

12 Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, Ms. Shaffer, and Ms. Wallach. The motion carried by a roll call vote of : AN ORDINANCE ACCEPTING A DONATION TO THE CITY OF KENT PARKS AND RECREATION DEPARTMENT FROM THE AMERICAN LEGION PORTAGE POST #496 IN THE AMOUNT OF $ AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT, IN THE AMOUNT OF $39,000, FROM F.E.M.A. FOR A FY2014 AFG GRANT, TO BE USED FOR STRUCTURAL FIREFIGHTING GEAR FOR THE FIRE DEPARTMENT PERSONNEL; APPROPRIATING THE FUNDS THEREFOR, AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, and Mr. Wilson. The motion carried by a roll call vote of 7-0. Roll call was taken on the motion. Voting aye: Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, and Mr. Wilson. The motion carried by a roll call vote of : AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT, IN THE AMOUNT OF $39,000, FROM F.E.M.A. FOR A FY2014 AFG GRANT, TO BE USED FOR STRUCTURAL FIREFIGHTING GEAR FOR THE FIRE DEPARTMENT PERSONNEL; APPROPRIATING THE FUNDS THEREFOR, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $495,000 NOTES TO RETIRE NOTES THAT WERE PREVIOUSLY ISSUED, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF REPLACING, UPGRADING AND EXTENDING SANITARY SEWER TRUNK LINES, AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, and Mr. Amrhein. The motion carried by a roll call vote of

13 Motion made by Mr. Wilson, seconded by Mr. Kuhar. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, and Mr. Amrhein. The motion carried by a roll call vote of : AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $495,000 NOTES TO RETIRE NOTES THAT WERE PREVIOUSLY ISSUED, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF REPLACING, UPGRADING AND EXTENDING SANITARY SEWER TRUNK LINES, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,265,000 NOTES TO RETIRE NOTES THAT WERE PREVIOUSLY ISSUED, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF RENOVATING AND EXPANDING THE CITY=S MAIN FIRE STATION, INCLUDING ACQUISITION OF NECESSARY REAL ESTATE, AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. The motion carried by a roll call vote of 7-0. Ms. Long asked what the expansion of the fire station would include, and Mr. DeLeone noted that is where they were sitting for the meeting. Ms. Long asked what the necessary real estate was, and Ms. Wallach said they were old notes. Roll call was taken on the motion. Voting aye: Mr. Kuhar, Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. The motion carried by a roll call vote of : AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,265,000 NOTES TO RETIRE NOTES THAT WERE PREVIOUSLY ISSUED, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF RENOVATING AND EXPANDING THE CITY=S MAIN FIRE STATION, INCLUDING ACQUISITION OF NECESSARY REAL ESTATE, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,150,000 NOTES TO RETIRE NOTES THAT WERE PREVIOUSLY ISSUED, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING A PORTION OF THE COSTS OF 13

14 RECONSTRUCTING ALLEY 5, ERIE STREET, AND DEPEYSTER STREET AND OTHERWISE IMPROVING NEARBY STREETS, INCLUDING BY RELOCATION OF PUBLIC UTILITIES, LANDSCAPING, AND INSTALLING PARKING PAYMENT DEVICES, STREET SIGNAGE AND SITE IMPROVEMENTS, AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Kuhar. The motion carried by a roll call vote of 7-0. Roll call was taken on the motion. Voting aye: Ms. Long, Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Kuhar. The motion carried by a roll call vote of : AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,150,000 NOTES TO RETIRE NOTES THAT WERE PREVIOUSLY ISSUED, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING A PORTION OF THE COSTS OF RECONSTRUCTING ALLEY 5, ERIE STREET, AND DEPEYSTER STREET AND OTHERWISE IMPROVING NEARBY STREETS, INCLUDING BY RELOCATION OF PUBLIC UTILITIES, LANDSCAPING, AND INSTALLING PARKING PAYMENT DEVICES, STREET SIGNAGE AND SITE IMPROVEMENTS, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $630,000 NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PROVIDE THE FUNDS NECESSARY TO RETIRE NOTES THAT WERE PREVIOUSLY ISSUED, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF ACQUIRING THE EXISTING BUILDING LOCATED AT 930 OVERHOLT ROAD TO BE USED AS THE CITY=S SERVICE CENTER, AND TO PAY THE CITY=S PORTION OF THE COSTS OF IMPROVING FAIRCHILD AVENUE, MAJORS AVENUE AND NEWCOMER ROAD AND CERTAIN EASEMENTS BETWEEN CERTAIN TERMINI BY CONSTRUCTING, RECONSTRUCTING AND WIDENING THE PAVEMENT, DRAINING, GRADING, CONSTRUCTING, RECONSTRUCTING AND REPLACING CURBS, SIDEWALKS, DRIVEWAY APPROACHES, STORM SEWERS, ROOF DRAIN PIPES, AND A DRAINAGE OUTLET CHANNEL, INSTALLING NEW WATER MAINS, WATER SERVICE CONNECTIONS, SANITARY SEWERS, AND SANITARY SEWER HOUSE CONNECTIONS ALONG THOSE PORTIONS OF FAIRCHILD AVENUE NOT CURRENTLY SERVED, ALL TOGETHER WITH THE NECESSARY APPURTENANCES THERETO, ACQUIRING ANY NECESSARY INTERESTS IN REAL PROPERTY, AND OTHERWISE IMPROVING THE SAME, AND DECLARING AN EMERGENCY. 14

15 Roll call was taken on the motion. Voting aye: Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, and Ms. Long. The motion carried by a roll call vote of 7-0. Roll call was taken on the motion. Voting aye: Ms. Shaffer, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, and Ms. Long. The motion carried by a roll call vote of : AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $630,000 NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PROVIDE THE FUNDS NECESSARY TO RETIRE NOTES THAT WERE PREVIOUSLY ISSUED, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF ACQUIRING THE EXISTING BUILDING LOCATED AT 930 OVERHOLT ROAD TO BE USED AS THE CITY=S SERVICE CENTER, AND TO PAY THE CITY=S PORTION OF THE COSTS OF IMPROVING FAIRCHILD AVENUE, MAJORS AVENUE AND NEWCOMER ROAD AND CERTAIN EASEMENTS BETWEEN CERTAIN TERMINI BY CONSTRUCTING, RECONSTRUCTING AND WIDENING THE PAVEMENT, DRAINING, GRADING, CONSTRUCTING, RECONSTRUCTING AND REPLACING CURBS, SIDEWALKS, DRIVEWAY APPROACHES, STORM SEWERS, ROOF DRAIN PIPES, AND A DRAINAGE OUTLET CHANNEL, INSTALLING NEW WATER MAINS, WATER SERVICE CONNECTIONS, SANITARY SEWERS, AND SANITARY SEWER HOUSE CONNECTIONS ALONG THOSE PORTIONS OF FAIRCHILD AVENUE NOT CURRENTLY SERVED, ALL TOGETHER WITH THE NECESSARY APPURTENANCES THERETO, ACQUIRING ANY NECESSARY INTERESTS IN REAL PROPERTY, AND OTHERWISE IMPROVING THE SAME, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE SUBMITTING THE QUESTION OF RENEWING AN EXISTING.73-MILL TAX LEVY FOR THE CURRENT EXPENSE OF MAINTAINING AND OPERATING A FIRE STATION IN THE CITY OF KENT WEST OF THE ERIE RAILROAD PURSUANT TO SECTIONS (I) AND OF THE REVISED CODE, AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, and Ms. Shaffer. The motion carried by a roll call vote of 7-0. Roll call was taken on the motion. Voting aye: Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, and Ms. Shaffer. The motion carried by a roll call vote of : AN ORDINANCE SUBMITTING THE QUESTION OF RENEWING AN EXISTING.73-MILL TAX LEVY FOR THE CURRENT EXPENSE OF MAINTAINING AND OPERATING A 15

16 FIRE STATION IN THE CITY OF KENT WEST OF THE ERIE RAILROAD PURSUANT TO SECTIONS (I) AND OF THE REVISED CODE, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE AMENDING ORDINANCE NO (THE POSITION ALLOCATION ORDINANCE), PASSED NOV. 19, 2014, AS AMENDED BY ORDINANCE NO , PASSED JAN. 21, 2015; AS AMENDED BY ORDINANCE NO , PASSED MARCH 18, 2015, SO AS TO REDUCE THE NUMBER OF SERVICE WORKERS BY ONE (1), FOR A TOTAL OF EIGHT (8), AND INCREASING THE NUMBER OF LABORERS BY ONE (1), FOR A TOTAL OF FIVE (5), TO ALLOW GREATER FLEXIBILITY AND INCREASE STAFFING LEVELS, AND DECLARING AN EMERGENCY. Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, Ms. Shaffer, and Ms. Wallach. The motion carried by a roll call vote of 7-0. Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Kuhar, Ms. Long, Ms. Shaffer, and Ms. Wallach. The motion carried by a roll call vote of : AN ORDINANCE AMENDING ORDINANCE NO (THE POSITION ALLOCATION ORDINANCE), PASSED NOV. 19, 2014, AS AMENDED BY ORDINANCE NO , PASSED JAN. 21, 2015; AS AMENDED BY ORDINANCE NO , PASSED MARCH 18, 2015, SO AS TO REDUCE THE NUMBER OF SERVICE WORKERS BY ONE (1), FOR A TOTAL OF EIGHT (8), AND INCREASING THE NUMBER OF LABORERS BY ONE (1), FOR A TOTAL OF FIVE (5), TO ALLOW GREATER FLEXIBILITY AND INCREASE STAFFING LEVELS, AND DECLARING AN EMERGENCY. HEALTH & SAFETY COMMITTEE MOTION TO APPROVE THE WRITTEN REPORT OF JULY 1, Motion made by Mr. Amrhein, seconded by Mr. Wilson, and carried by a voice vote of 5-0-2, with Mr. Kuhar and Ms. Wallach abstaining. MOTION TO APPROVE THE RECOMMENDED ACTION, AUTHORIZING THE STREET CLOSURE FOR THE DOG DAYS OF SUMMER FROM 10:00 A.M. TO 8:00 P.M. Motion made by Mr. Wilson, seconded by Mr. DeLeone, and carried by a voice vote of 7-0. SPECIAL COMMITTEE REPORTS None 16

17 UNFINISHED BUSINESS None NEW BUSINESS Ms. Shaffer said she wanted to understand something. She said they failed to pass the Charter Review Commission=s amendment for the recall process. Ms. Shaffer asked if it comes back for a second and third reading, and the Clerk indicated it was gone. Ms. Shaffer said they do have the right to put it back on the agenda, and the Clerk said that draft failed and could not come back in that form. Ms. Shaffer asked if it could come back in another form, and noted they would need three readings. Mr. Wilson said if they are in the same meeting, they could reconsider it as long as it was someone who voted against it making the motion. Ms. Shaffer said there was a Ano@ vote and an abstention. Ms. Wallach said either one could reconsider, and the Clerk disagreed, adding it had to be someone who voted against it. She said the abstention was not a negative vote. Ms. Wallach asked Mr. Kuhar if he would reconsider his vote, and he declined. Ms. Wallach told him that three people could recall him. Mr. Kuhar said some were caught in a stressful predicament. He said he would hate a situation where someone needed to be off of Council, and they had made it too tough. He said it is unfair to the public. Ms. Shaffer asked him if he read the language. She said the way it stands currently, depending on the previous election, a handful of people can move against the will of the majority. She said that five people had that happen, and they had to pay for that election. She said the majority proved that was not what they wanted, but a handful of people caused that to occur. She said it cost resources, and cost the individual members= resources and stress. Ms. Shaffer said it has a chilling effect on decisions they make. She said they tend to make decisions that do not make everyone happy. She said this could cause them to not make courageous decision, and could cause people not to want to run. Mayor Fiala noted that was an important point. Mr. Kuhar said it is democracy, and democracy is not always friendly. Ms. Shaffer said democracy just happened with the Charter Review Commission. She said the voters should have the right to decide. Ms. Wallach asked if they can bring it back with a new Council, and the Clerk said it could not be in that exact form or same percentage. Mr. Kuhar questioned how many times it has occurred in thirty years, and Mayor Fiala said only once. He asked what they were going to do, and Mr. Wilson said if Mr. Kuhar did not change his mind, it was a moot point. MOTION TO REVIEW THEIR SIGN ORDINANCES, MAKING ADJUSTMENTS AS NECESSARY. Motion made by Ms. Wallach, seconded by Mr. DeLeone. Ms. Wallach said the laws are not being applied fairly about signs. She said there have been signs on the schools that have been up for years. Ms. Wallach suggested an exception for public entities. She said they cannot apply the law unevenly. She said temporary signs should be up for ninety days, with no exceptions. Mr. Wilson asked Ms. Wallach if she was saying there is no exemption, but the schools are getting an exemption, and Ms. Wallach said that was correct. She said people are not happy with the uneven application of the law, and feel it should be applied fairly. 17

18 Ms. Long said when she was on Planning Commission, they discussed review of the sign ordinance. She suggested they should address that with Ms. Susel, as she thought it was on their agenda. The motion carried by a voice vote of 7-0. MOTION TO FIND ALTERNATE SUBSTANCES TO USE FOR WEED CONTROL. Motion made by Ms. Wallach, seconded by Ms. Shaffer. Ms. Wallach said they are losing their bees. She said it may be because of Round Up. Ms. Wallach suggested they find environmentally friendly chemicals. She said they used to use DDT and asbestos, and got away from that. Ms. Wallach said the more they can get away from chemical applications, the better it would be. Ms. Shaffer said they are not a progressive city or environmentally sensitive. She said many other cities have gone for natural methods long ago. Ms. Shaffer said it is worth discussing in Committee, and development of a well thought out policy. Mr. Kuhar said he spoke with some people who are licensed applicators of that chemical. He said their feeling is that people go Aa little bananas@ over the facts. Mr. Kuhar said it seems to be fairly harmless in their opinion. He said he would support the motion, as he would like to see what is available. He said the applicators told him there are additional labor costs, as it is not killing the roots of the weeds. Mr. Kuhar said the alternative chemicals kill the leaves and not the roots. He said some have eliminated flowers and shrubbery, and put down gravel and chips. He said he would support the motion. The motion carried by a voice vote of 7-0. Mayor Fiala said a combination of vinegar, Epson Salts, and Dawn dish soap, mixing it together, will do the same thing as Round Up. He said this is what he uses. Mr. Kuhar asked about the roots, and Mayor Fiala said it kills them. MOTION TO MEET ON JULY 22, 2015 FOR A SPECIAL MEETING FOR THE CHARTER REVIEW AMENDMENTS AT 6:00 P.M. Motion made by Mr. Amrhein, seconded by Mr. Wilson, and carried by a voice vote of 6-1, with Mr. Kuhar dissenting. MAYOR=S REPORT Mayor Fiala said the groundbreaking for Mr. Smith=s park was so rewarding. He said it is overwhelming to see who was there and who donated to the park. He said Mr. Smith=s family was happy, adding it was a rewarding experience. Hearing no further business before this Council, Mayor Fiala adjourned this meeting at 8:40 p.m. 18