THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WED., MAY 20, 2015
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1 THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WED., MAY 20, 2015 This regular meeting of Kent City Council was called to order on Wed., May 20, 2015, at 7:25 p.m., by. Mayor Fiala welcomed all to the temporary location. He said they have done what they have done, adding he hoped they would have a new chambers within the next three years. PRESENT: ALSO PRESENT: ABSENT: MR. AMRHEIN, MR. DeLEONE, MR. FERRARA, MR. KUHAR, MS. LONG, MS. SHAFFER, MR. SIDOTI, AND MR. WILSON J. FIALA, MAYOR & PRESIDENT OF COUNCIL; D. RULLER, CITY MANAGER; J. SILVER, LAW DIRECTOR; AND L. JORDAN, CLERK OF COUNCIL MS. WALLACH MOTION TO EXCUSE MS. WALLACH. Motion made by Mr. Wilson, seconded by Ms. Shaffer, and carried by a voice vote of 8-0. Mayor Fiala said he returned to the old Council Chambers to retrieve Mr. Ferrara s toy chicken, and presented it to him at this time. He called upon Council member Ferrara for his opening remarks at this time. Mr. Ferrara thanked the Mayor for his toy chicken, adding that he was losing sleep over it. He said when the weather is nice, he enjoys walking to Council meetings. He said the exercise is good, and it allows him to see all the things that makes Kent a great place, such as the library, river front, the park, the downtown, and the Esplanade looking at Kent State University. Mr. Ferrara said it gives him time to reflect on the great things they have done. He said when he left two weeks earlier, and walked through town at 9:30 p.m., it had the feel of a big city. He said it was graduation week, and all of the outdoor cafes were busy with people. Mr. Ferrara said it makes a person feel good about the things they had done. Mr. Ferrara said that before 2000, the City began land banking, which was purchasing properties with the idea they would renovate and rejuvenate Kent into what they thought could be a great city. He said they had the dedication, smart people, brains, and the willpower to make that happen. Mr. Ferrara said they spent millions of dollars purchasing land, knowing the end goal would have to be met. Mr. Ferrara said as they sit in the temporary quarters, it is not hard to draw the parallel as to why they were sitting in that room. He said they are looking for what they can do better for the City. He said they took advantage of the opportunity to sell their previous property, with the idea they succeeded previously and they will continue to succeed. He said for the people who have said they have not done any planning, they have done a lot of planning. He said they have discussed it numerous times in Council and Council s Committee as to what they would do with the space. Mr. Ferrara said that when they look at what they have done, and the success of Council and the Administration, it is not hard to draw the parallels of where they will be in a very short period of time. Mr. Ferrara concluded his opening remarks with a quote at this time. He quoted Ivan Turgenev who said If we wait for the moment when everything, absolutely everything, is ready, we shall never begin. Following his opening remarks, Mr. Ferrara led those present in the Pledge of Allegiance. MOTION TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 15, 2015 AND THE JOINT MEETING WITH FRANKLIN TOWNSHIP OF MAY 6, Motion made by Mr. Ferrara, seconded by Mr. DeLeone, and carried by a voice vote of 8-0.
2 The Mayor called for audience comment at this time. He reminded those wishing to address Council to sign up with the Clerk who would call them forward. He asked that they limit their comments to three minutes. ELDA TORSTEN HEGMAN, 524 OVERLOOK DR: Ms. Hegman said she was present with her family and a few friends. She said they moved to Kent three years earlier, and were shocked by the number of feral cats in the City. She thanked them for the opportunity to speak about feral cats. Ms. Hegman said that feral cats are part of the landscape in Kent. She said the theory to trap and kill them has failed for decades. She said it is ineffective, expensive, unpopular, and inhumane. Ms. Hegman said there is a proven method of Trap, Neuter, and Release. She said the feral cats are trapped, spayed or neutered, vaccinated, and returned to the outside where they create a stable population. Ms. Hegman said Kent is unique as they have the opportunity to have a local, high volume, low cost spay/neuter clinic, by One of A Kind Pets, in Akron. She said it is used by many Kent residents as an attempt to manage the feral cat population. Ms. Hegman said that with Council s support, they can take TNR to the next level. She said they do not need to reinvent the wheel, as there are numerous examples how TNR is working across the nation and in northeastern Ohio. Ms. Hegman said TNR creates goodwill in a community. She said it is endorsed by the Humane Society, ASPCA, and other organizations. Ms. Hegman said she is looking forward to finding ways to make this work in Kent. JOSEPH WATTS, 201 S. PROSPECT ST.: Mr. Watts expressed his concern with the litter along the river. He said he knew it is better, adding the river front is beautiful. Mr. Watts said he is a fisherman, and sees trash everywhere. Mr. Watts said he picks up a lot of trash when he is down there. Mr. Watts said they need more trash cans, and signs indicating where they are located. He said they can go a quarter of a mile before they see a can. Mayor Fiala asked if he contacted the Parks and Recreation Department, as they handle the parks, and Mr. Watts said he had not contacted them. Mayor Fiala said it is their property, and Mr. Wilson said he would advise the Park Board at their meeting the next day. He also told Mr. Watts they do an annual cleanup of the river in August, and he would be calling him. Mr. Sidoti asked Mr. Watts where he was going to college, and Mr. Watts said he was staying in Kent. Mr. Sidoti asked if he was interested in working with the Park Department to organize his friends to do a cleanup. Mr. Watts said the cleanup will help, but so would prevention. SIMIA LOTT, 542 LAKE STREET: Ms. Lott said she is concerned about public pollution. She said general pollution upsets here. Ms. Lott said if more people, both the public and the City, took the initiative to clean up, it would be helpful. XTEVA THOMPSON, 1101 SUMMIT GARDENS: Ms. Thompson said she is the General Partner of Summit Gardens. She said she wanted to address the condition of Whitehall Blvd., especially the turnaround. Ms. Thompson said this is an ongoing problem. She said the turnaround is used by the school buses, adding that there is a six-foot apron on her property. Ms. Thompson said she spoke with Mr. Bowling previously. Ms. Thompson said she has statements from the residents, as well as a receipt for $2600 from one of her residents. She said the car needed an axle. Ms. Thompson said they are low income properties, and the residents feel like the City does not care because they are low income. She said children have fallen into holes that are huge, adding it is ridiculous. Ms. Thompson said she knows they have many problems with the roads, adding she attended the meeting two weeks earlier where they approved the amendment to fix the roads. Ms. Thompson said she is present to let them know the condition of the roads is deplorable. She said the Health Department makes her fix a small lip on her sidewalk, adding she expects them to do the same thing. She asked that they do not hold her to a different standard, and should make sure they fix the road. She said she knew it was on the critical list. Ms. Thompson said her dad built Summit Gardens, adding if he was alive, he would be livid. She told them to do something, adding that the Health Department holds her to the Code. Ms. Thompson said she wants her residents safe. She said she was unsure how many of them have looked at the street. Ms.
3 Thompson said she loves Kent, adding her mother graduated from Kent State with her Master s Degree in She said Kent has grown by leaps and bounds. Ms. Thompson asked that they not ignore the streets. Mr. Kuhar commented that her comments were fair enough, and Ms. Thompson agreed with him. DANA HEFFNER, AREA MANAGER, FIRST ENERGY: Ms. Heffner said she wanted to introduce herself, adding she met some of them prior to the start of the meeting. She said Ms. Shaffer gave her a tour of the downtown, adding it is amazing. Ms. Heffner distributed her business cards to the Council at this time. Ms. Heffner said she took over for Ray Martinez. Ms. Heffner said they are in the storm season, adding the First Energy website can give them updates of the outages. She said First Energy also has an app that can provide that information. She urged them to report outages. Mr. DeLeone said Mr. Martinez sent the alerts, adding it was very helpful. Mr. Ferrara asked if the app is in the App Store, and Ms. Heffner said it is available. She said they can do a lot of personal information, and also view the outages. Mr. Sidoti asked if that was open to the public, and Ms. Heffner said it was available to anyone. Mr. Ferrara suggested they link it on the website. Hearing no further audience comment, Mayor Fiala called upon the Clerk for the written correspondence. The Clerk reported the following: 1) The draft PY CDBG Consolidated Plan & PY2015 Annual Action Plan was placed on file April 20, 2015 for public review through May 20, ) A letter was hand delivered by Larry R. Andrews of 335 High Street on April 21, 2015, requesting the elimination of parking on High Street, due to the width and cars parking all day. He asked if it is not possible to ban parking, they would like more two hour parking signs and more patrolling by the compliance officer. This letter was forwarded to the Mayor and all members of Council on April 22, ) John Thomas submitted his resignation to the Charter Review Commission, via , on April 22, 2015, due to some volunteer work he will be doing. This resignation was forwarded to the Mayor and all members of Council the same day. 4) An was received from Joseph Matthews on April 23, 2015, suggesting that coyotes could make good pets. This was forwarded to the Mayor & all members of Council on April 24, ) A memo was received from Judge Pittman on May 11, 2015, advising she would be hosting a webinar regarding alternatives to incarceration for those addicted and mentally ill on June 10, This memo was forwarded to the Mayor and all members of Council on May 11, ) Notification was received from the Ohio Division of Liquor Control that a transfer of a D1 liquor license has been requested. This transfer would be from Sixth City Industries, LLC dba Taco Tontos, 123 Franklin Ave., Kent, OH to Lilybutt LLC, dba Taco Tontos of the same address. Objections must be posted marked no later than June 11, This notification was forwarded to the Mayor and all members of Council on May 11, Chief Lee has advised she has no objections to this transfer. MOTION TO RETURN WITH NO OBJECTIONS. Motion made by Mr. Wilson, seconded by Mr. Ferrara, and carried by a voice vote of 8-0. The Clerk reported that the following was received after the agenda was posted: 1) The minutes of the May 2015 Standing Rock Cemetery Board meeting would be placed on file by Council s representative, Mr. DeLeone, at the conclusion of this meeting. 2) The agenda packet of the May 2015 Parks and Recreation Board meeting was placed on file by Council s liaison, Mr. Wilson, prior to the start of this meeting.
4 3) An was received from Jon Ruth, 5770 Glad Blvd. advising of the failed pavement at the joint between the chip and seal pavement of Glad Blvd. and the asphalt pavement of the driveway apron for his house. 4) Mayor Fiala received a letter of thanks was received from KUSO for the additional $2000 provided by the City this year to assist with the increased cost of the fireworks display. A copy of this letter was distributed to all members of Council prior to the start of this meeting. Mayor Fiala called upon the City Manager for his report at this time. MOTION TO APPROVE ITEMS #1 THROUGH #12 Motion made by Mr. Wilson, seconded by Mr. Ferrara. Ms. Long said she thought that Item #3 (old courthouse proposals) would be in Committee on June 3, and Mr. Ruller said that was correct. He said that is what he was requesting. Ms. Long asked if that was the case with the update on the new police facility design, and Mr. Ruller said he could not guarantee it would be ready. He said they are hoping to be ready for a presentation. He said if it is done, they will have it on June 3. He said he wanted their authorization to schedule it. Ms. Long asked if Item #9 was whether they wanted to place the West Side Fire levy on the November ballot, and Mr. Ruller said they need to decide if they want to do a replacement or renewal levy. He said it must be to the Board of Elections by August 5. Ms. Long said it was requested as a replacement, and Mr. Ruller said it was up to Council whether it was a renewal or replacement. He said they would be deciding that on June 3. Ms. Long asked what the current ambulance fees are and whether they would be told that information, and Mr. Ruller said they would present that information on June 3. He said he was just asking for their approval to discuss the item. The motion carried by a voice vote of 8-0. The following items were approved by the aforementioned motion: 1) Authorization of Draft No , Donation to Parks & Recreation, $ ) Authorization of Draft No , State Code updates 3) Committee time, proposals for the sale/redevelopment of old courthouse 4) Committee time, consideration of a modification to Kent-Franklin fire service agreement 5) Committee time, update on new police facility design 6) Committee time, OPWC funding request 7) Finance Committee, proposed 2016 Tax Budget 8) Community Development Committee, amendment to City-PARTA parking deck operating agreement 9) Finance Committee, West Side Fire levy on the November ballot 10) Finance Committee, update of ambulance fee rates 11) Committee time, semi-annual RLF certification 12) Committee time, new rental licensing program. STANDING COMMITTEES COMMUNITY DEVELOPMENT COMMITTEE MOTION TO APPROVE THE WRITTEN REPORT OF MAY 6, Motion made by Mr. Kuhar, seconded by Mr. DeLeone, and carried by a voice vote of 8-0. MOTION TO AUTHORIZE THE RECOMMENDED ACTION OF MAY 6, 2015, AUTHORIZING THE SUBLEASE WITH THE HAYMAKER FARMER S MARKET. Motion made by Mr. Kuhar, seconded by Ms. Shaffer, and carried by a voice vote of 8-0. The Mayor asked the Clerk to read Draft No by title only at this time.
5 AN ORDINANCE APPROVING A REQUEST FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ASSISTANCE FOR FISCAL YEAR 2015 UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING THE FIVE YEAR CONSOLIDATED PLAN AND PY2015 ANNUAL ACTION PLAN AND AUTHORIZING THE EXECUTION AND FILING OF THE CONSOLIDATED PLAN AND PY2015 ANNUAL ACTION PLAN, INCLUDING RELATED CERTIFICATIONS, AND UPON AWARDING OF THE GRANT, AUTHORIZING APPROPRIATION OF FUNDS AND DECLARING AN EMERGENCY. Motion made by Mr. Kuhar, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Ferarra, Mr. Kuhar, Ms. Long, Ms. Shaffer, Mr. Sidoti, Mr. Wilson, and Mr. Amrhein. The motion carried by a voice vote of 8-0. Motion made by Mr. Ferrara, seconded by Mr. Kuhar. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Ferarra, Mr. Kuhar, Ms. Long, Ms. Shaffer, Mr. Sidoti, Mr. Wilson, and Mr. Amrhein. The motion carried by a voice vote of : AN ORDINANCE APPROVING A REQUEST FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ASSISTANCE FOR FISCAL YEAR 2015 UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING THE FIVE YEAR CONSOLIDATED PLAN AND PY2015 ANNUAL ACTION PLAN AND AUTHORIZING THE EXECUTION AND FILING OF THE CONSOLIDATED PLAN AND PY2015 ANNUAL ACTION PLAN, INCLUDING RELATED CERTIFICATIONS, AND UPON AWARDING OF THE GRANT, AUTHORIZING APPROPRIATION OF FUNDS 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 ENTER INTO AN AGREEMENT WITH THE HAYMAKER FARMERS MARKET FOR THE SUB-LAND LEASE OF A PARKING LOT LOCATED NORTH OF SUMMIT STREET, WEST OF FRANKLIN AVENUE, AND EAST OF AKRON BARBERTON CLUSTER RAILWAY COMPANY S MAIN LINE TRACK, CONTAINING ACRES, FOR THE PERIOD OF MAY 1, 2015 THROUGH OCTOBER 31, 2015; CONTINGENT ON THE CONTINUATION OF THE CITY S LEASE WITH THE AKRON BARBERTON CLUSTER RAILWAY COMPANY, FOR THE AMOUNT OF $1.00; AND DECLARING AN EMERGENCY. Motion made by Mr. Kuhar, seconded by Ms. Shaffer. Roll call was taken on the motion. Voting aye: Mr. Ferarra, Mr. Kuhar, Ms. Long, Ms. Shaffer, Mr. Sidoti, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. The motion carried by a voice vote of 8-0. Motion made by Ms. Shaffer, seconded by Mr. Ferrara. Ms. Long said with the parking meters downtown, more people are parking in the lot used by the Farmer s Market. She asked, when they use the lot for the market, how that will hinder those people who park there to avoid the meters. Mayor Fiala said the meters are free on the weekends, adding he did not think it would make a difference. Ms. Long said those people would be back on the city streets, and they would have the same problem that those spaces would not be available for those going into the businesses. She said that lot will be unavailable on Saturday mornings to the cooks, bottle washers, waiters and waitresses that work downtown. She said to avoid the meters, people are parking by the railroad tracks, and will have
6 to go back to the streets on Saturdays in front of the merchants because it is free. Mayor FIala sad if they need to tweak it, they will do so. Ms. Long wanted them to be aware of the issue. Mr. Wilson said the Ametek lot is open to the public on Saturdays and Sundays. Ms. Long said they need to watch it. She said that the Farmer s Market uses the lot from about 7:00 a.m. to 1:00 p.m. on Saturdays. Mayor Fiala said he is down there every Saturday, and has not seen a problem. Mr. DeLeone said that with the meters active for two weeks, he does not see a problem. Ms. Long suggested they needed to watch for problems. She said she did not want to create another problem. Roll call was taken on the motion. Voting aye: Mr. Ferarra, Mr. Kuhar, Ms. Long, Ms. Shaffer, Mr. Sidoti, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. The motion carried by a voice vote of : AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO AN AGREEMENT WITH THE HAYMAKER FARMERS MARKET FOR THE SUB-LAND LEASE OF A PARKING LOT LOCATED NORTH OF SUMMIT STREET, WEST OF FRANKLIN AVENUE, AND EAST OF AKRON BARBERTON CLUSTER RAILWAY COMPANY S MAIN LINE TRACK, CONTAINING ACRES, FOR THE PERIOD OF MAY 1, 2015 THROUGH OCTOBER 31, 2015; CONTINGENT ON THE CONTINUATION OF THE CITY S LEASE WITH THE AKRON BARBERTON CLUSTER RAILWAY COMPANY, FOR THE AMOUNT OF $1.00; AND DECLARING AN EMERGENCY. FINANCE COMMITTEE MOTION TO APPROVE THE WRITTEN REPORT OF MAY 6, 2015 AND THE RECOMMENDED ACTIONS. Motion made by Mr. Wilson, seconded by Mr. DeLeone, and carried by a voice vote of 8-0. The following actions were approved by the aforementioned motion at this time: 1) TO AUTHORIZE TWO LEVIES AS CONTINUOUS RENEWAL LEVIES FOR THE PARKS & RECREATION DEPARTMENT 2) TO AUTHORIZE THE ADDITIONAL MONIES AS PROPOSED FOR STREET REPAIRS & PAVING. 3) TO AUTHORIZE THE PROPOSED AMENDMENTS TO THE 2015 APPROPRIATIONS The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY OF KENT CODIFIED ORDINANCES AND DECLARING AN EMERGENCY. Motion made by Mr. Wilson, seconded by Mr. Sidoti. Roll call was taken on the motion. Voting aye: Mr. Kuhar, Ms. Long, Ms. Shaffer, Mr. Sidoti, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Ferrara. The motion carried by a voice vote of 8-0. Motion made by Mr. Wilson, seconded by Mr. Kuhar. Roll call was taken on the motion. Voting aye: Mr. Kuhar, Ms. Long, Ms. Shaffer, Mr. Sidoti, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Ferrara. The motion carried by a voice vote of : AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY OF KENT CODIFIED ORDINANCES AND DECLARING AN EMERGENCY.
7 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. Motion made by Mr. Wilson, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Ms. Long, Ms. Shaffer, Mr. Sidoti, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, and Mr. Kuhar. The motion carried by a voice vote of 8-0. Mr. Sidoti asked if there was a running total of how much has been donated. He said it appears to be significant dollars. Mr. Wilson said he could assure them that Mr. Coffee and Mr. Idone are keeping track. Mr. Sidoti said the community should be aware, as that is an organization that is helping their Parks and Recreation Department significantly. He said it was probably a significant amount of money. The Clerk said it is approximately $15,000 annually. Mr. Sidoti said that is significant, adding they have an organization that is working collaboratively with their City and should be recognized. Mr. Wilson said he would ask for the total, and Ms. Shaffer suggested a press release. Mr. Sidoti suggested Mr. Ruller could put something together. Motion made by Mr. Wilson, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Ms. Long, Ms. Shaffer, Mr. Sidoti, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, and Mr. Kuhar. The motion carried by a voice 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. A RESOLUTION DECLARING IT NECESSARY TO RENEW AN EXISTING 1.0-MILL TAX LEVY FOR THE CURRENT EXPENSE OF MAINTAINING AND OPERATING A CITY PARKS AND RECREATION SYSTEM IN THE CITY OF KENT PURSUANT TO SECTION (H) OF THE OHIO REVISED CODE, REQUESTING THE PORTAGE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY THAT RENEWAL LEVY, AND DECLARING AN EMERGENCY. Motion made by Mr. Ferrara, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Ms. Shaffer, Mr. Sidoti, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, and Ms. Long. The motion carried by a voice vote of 8-0. Motion made by Mr. Wilson, seconded by Mr. Sidoti.
8 Roll call was taken on the motion. Voting aye: Ms. Shaffer, Mr. Sidoti, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, and Ms. Long. The motion carried by a voice vote of : A RESOLUTION DECLARING IT NECESSARY TO RENEW AN EXISTING 1.0-MILL TAX LEVY FOR THE CURRENT EXPENSE OF MAINTAINING AND OPERATING A CITY PARKS AND RECREATION SYSTEM IN THE CITY OF KENT PURSUANT TO SECTION (H) OF THE OHIO REVISED CODE, REQUESTING THE PORTAGE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY THAT RENEWAL LEVY, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. A RESOLUTION DECLARING IT NECESSARY TO RENEW AN EXISTING.43-MILL TAX LEVY FOR THE CURRENT EXPENSE OF MAINTAINING AND OPERATING A CITY PARKS AND RECREATION SYSTEM IN THE CITY OF KENT PURSUANT TO SECTION (H) OF THE OHIO REVISED CODE, REQUESTING THE PORTAGE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY THAT RENEWAL LEVY, AND DECLARING AN EMERGENCY. Motion made by Mr. Wilson, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. Sidoti, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Long, and Ms. Shaffer. The motion carried by a voice vote of 8-0. Motion made by Mr. Wilson, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. Sidoti, Mr. Wilson, Mr.Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Long, and Ms. Shaffer. The motion carried by a voice vote of : A RESOLUTION DECLARING IT NECESSARY TO RENEW AN EXISTING.43-MILL TAX LEVY FOR THE CURRENT EXPENSE OF MAINTAINING AND OPERATING A CITY PARKS AND RECREATION SYSTEM IN THE CITY OF KENT PURSUANT TO SECTION (H) OF THE OHIO REVISED CODE, REQUESTING THE PORTAGE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY THAT RENEWAL LEVY, 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 CURRENT APPROPRIATION ORDINANCE, PASSED NOVEMBER 19, 2014, AS AMENDED BY ORDINANCE NO , PASSED FEBRUARY 18, 2015, AS AMENDED BY ORDINANCE NO , PASSED MARCH 18, 2015, AND AS AMENDED BY ORDINANCE NO , PASSED APRIL 15, 2015, SO AS TO INCREASE APPROPRIATIONS IN FUND 102, STREET CONSTRUCTION, MAINTENANCE & REPAIR (SCMR); FUND 106, PARKS AND RECREATION; FUND 201, WATER; FUND 202, SEWER; FUND 208, STORM WATER; AND FUND 301, CAPITAL; AND SO AS TO INCREASE TRANSFERS FROM FUND 001, GENERAL TO FUND 106, PARKS AND RECREATION; AND SO AS TO INCREASE REPAYMENT OF ADVANCES FROM FUND 106, PARKS AND RECREATION TO FUND 001, GENERAL; AND DECLARING AN EMERGENCY. Motion made by Mr. Wilson, seconded by Mr. Ferrara.
9 Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Long, Ms. Shaffer, and Mr. Sidoti. The motion carried by a voice vote of 8-0. Motion made by Mr. Wilson, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Long, Ms. Shaffer, and Mr. Sidoti. The motion carried by a voice vote of : AN ORDINANCE AMENDING ORDINANCE NO , THE CURRENT APPROPRIATION ORDINANCE, PASSED NOVEMBER 19, 2014, AS AMENDED BY ORDINANCE NO , PASSED FEBRUARY 18, 2015, AS AMENDED BY ORDINANCE NO , PASSED MARCH 18, 2015, AND AS AMENDED BY ORDINANCE NO , PASSED APRIL 15, 2015, SO AS TO INCREASE APPROPRIATIONS IN FUND 102, STREET CONSTRUCTION, MAINTENANCE & REPAIR (SCMR); FUND 106, PARKS AND RECREATION; FUND 201, WATER; FUND 202, SEWER; FUND 208, STORM WATER; AND FUND 301, CAPITAL; AND SO AS TO INCREASE TRANSFERS FROM FUND 001, GENERAL TO FUND 106, PARKS AND RECREATION; AND SO AS TO INCREASE REPAYMENT OF ADVANCES FROM FUND 106, PARKS AND RECREATION TO FUND 001, GENERAL; AND DECLARING AN EMERGENCY. HEALTH & SAFETY COMMITTEE MOTION TO APPROVE THE WRITTEN REPORT OF MAY 6, Motion made by Mr. Amrhein, seconded by Mr. DeLeone, and carried by a voice vote of 8-0. MOTION TO APPROVE ACTION #1, AUTHORIZING THE LANGUAGE CHANGES TO THE BICYCLE REGULATIONS. Motion made by Mr. Amrhein, seconded by Mr. Wilson. Mr. Kuhar said he would stand his ground in opposition to these changes. He said the language does not give full benefit to the pedestrians. The motion carried by a voice vote of 7-1. MOTION TO APPROVE ACTION #2, AUTHORIZING THE LATE NIGHT SALES ORDINANCE AMENDMENTS. Motion made by Mr. Amrhein, seconded by Mr. DeLeone, and carried by a voice vote of 8-0. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE AMENDING SECTION , ENTITLED BICYCLE OR SKATEBOARD RIDING ON SIDEWALK, AND DECLARING AN EMERGENCY. Motion made by Mr. Ferrara, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Long, Ms. Shaffer, Mr. Sidoti, and Mr. Wilson. The motion carried by a voice vote of 8-0. Motion made by Ms. Shaffer, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Ms. Long, Ms. Shaffer, Mr. Sidoti, and Mr. Wilson. Mr. Kuhar dissented. The motion carried by a voice vote of 7-1.
10 : AN ORDINANCE AMENDING SECTION , ENTITLED BICYCLE OR SKATEBOARD RIDING ON SIDEWALK, AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No by title only at this time. AN ORDINANCE AMENDING SECTIONS AND OF CHAPTER 759 ENTITLED LATE NIGHT SALES OF THE KENT CODIFIED ORDINANCES TO EXPAND THE OPTIONS FOR TRAINING OF EMPLOYEES OF BUSINESSES THAT ARE OPEN BETWEEN 10:00 P.M. AND 6:00 A.M. FOR THE SALE OF GOODS AND MERCHANDISE. Motion made by Mr. Wilson, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Long, Ms. Shaffer, Mr. Sidoti, Mr. Wilson, and Mr. Amrhein. The motion carried by a voice vote of 8-0. Motion made by Mr. Wilson, seconded by Mr. Sidoti. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Long, Ms. Shaffer, Mr. Sidoti, Mr. Wilson, and Mr. Amrhein. The motion carried by a voice vote of : AN ORDINANCE AMENDING SECTIONS AND OF CHAPTER 759 ENTITLED LATE NIGHT SALES OF THE KENT CODIFIED ORDINANCES TO EXPAND THE OPTIONS FOR TRAINING OF EMPLOYEES OF BUSINESSES THAT ARE OPEN BETWEEN 10:00 P.M. AND 6:00 A.M. FOR THE SALE OF GOODS AND MERCHANDISE. LAND USE COMMITTEE MOTION TO APPROVE THE WRITTEN REPORT OF APRIL 15, 2015 (ORAL REPORT/ACTION APPROVED ON APRIL 15, 2015). Motion made by Mr. Ferrara, seconded by Mr. Wilson, and carried by a voice vote of 8-0. SPECIAL COMMITTEE REPORTS UNFINISHED BUSINESS NEW BUSINESS Mr. DeLeone asked, as they conclude their first meeting in the temporary location, when they start planning, and Mr. Ruller said it has been underway. Mr. Ruller said they have short lists with the most logical notions. He said they discussed some of them with Council previously, adding it was a little overwhelming. He said they were discussing them one piece at a time. He said they will return to them. He noted it has been a hectic couple of weeks. Mr. DeLeone said they have displaced many offices, adding returning them to a central location would be nice, as would a timetable. Mr. Ruller said they will be discussing it in a few months. He said they want to resolve the location. Mr. Ruller said their fastest timetable is about two years. He said if they wanted to lease something, they could do that also. Mr. DeLeone said the question to him is what they are planning on doing, and Mr. Ruller said they have done an initial sort of what makes the most sense. He said they have three options, and need to discuss them in more detail in the next few months.
11 Ms. Shaffer said she appreciated the presentation on the Trap, Neuter, and Release program. She said that while it is not official, it is effective and is something people are doing within the community. Ms. Shaffer said they can be a leader and lend their support. MOTION TO REFER THE TRAP, NEUTER, AND RELEASE PROGRAM TO COMMITTEE, FOR DISCUSSION AND A RESOLUTION OF SUPPORT. Motion made by Ms. Shaffer. Mayor Fiala asked her to define a resolution of support, and Ms. Shaffer said there would be no money involved. Mr. Kuhar seconded the motion at this time. Ms. Shaffer said it is a humane way to deal with the problem. She said her neighborhood has feral cats, adding people feed them. Ms. Shaffer said they have seen several litters of kittens. She said they would just be getting the word out that they support the program with no funding involved. Mr. Kuhar said he was interested in the cost of making a feral cat a sterile cat, versus the cost of catching them. He said it may be cheaper to sterilize them than deal with the problems they create. Mr. Sidoti said they have learned they will be living with coyotes, adding they need to be consistent. He said this is an attempt to do the right thing. He said he is surprised the coyotes have not taken care of them. Mr. Wilson told Mr. Kuhar that it costs more to sterilize them. He said they had a Cat Committee some years ago, adding he was the Council liaison. Mr. Wilson said when they reviewed the costs, they found they could only do six cats per month. Mr. Wilson said the cost to catch, neuter/spay, and return them was high. He said he was sure the cost was higher now. Mr. Kuhar suggested there were volunteer vets, and Mr. Wilson said they are not prepared to do a lot of cats. Mr. Kuhar said they could carry on this discussion in Committee. Mayor Fiala said there was a committee that studied every aspect, and Mr. Wilson agreed. Ms. Shaffer said it is worth revisiting. She reminded them she wanted to discuss a resolution of support. She said her motion did not say they would do it, adding there would be no cat committee. Ms. Shaffer said the TNR program is humane, adding she wanted people to know they can do that privately. She said she would like the City to support it morally. Mr. Kuhar said if they were going to live with coyotes, they did not have to worry about it as the coyotes would take care of them. The motion carried by a voice vote of 8-0. Mr. Sidoti said he was sure most of them read the Record Courier article on the legalization of marijuana in Ohio. He said Kent will be in the middle of the issue, adding that university towns are viewed as high value markets for the sales. Mr. Sidoti said he has spent a lifetime helping young people try and avoid these issues, as he has seen the destruction to families. He said he struggles with the fact that Kent is being targeted by people wanting to legalize marijuana so they can make money. Mr. Sidoti said that as a Council, they are going to wrestle with this issue if it goes through. He said he is ambivalent about the decriminalization of marijuana. He said he could never support allowing it to be sold for recreational use, adding he probably will be locked up before it is over. He said it is not a quality of life issue they want in Kent. Mr. Sidoti said they have enough trouble trying to help young people keep their lives in order. He said to allow this to happen would undermine everything they have tried to do in terms of building a community and a place where residents and students can coexist. Mr. Sidoti said they need to know that as this unfolds, it will be a high, public issue. Mr. Sidoti said from an economic standpoint, the legalization is all about people wanting to make money, adding it is not a moral issue. Mr. Sidoti said people can make money selling it.
12 Mr. Sidoti said they have proven that people can come to Kent with nice marketable businesses and make money. He said their increased tax revenues prove that fact. Mr. Sidoti said he will never promote a shop in Kent that is selling marijuana, adding it cannot happen. Mr. Sidoti said they need to do something to stop it. He said they are going to wrestle with the issue, adding this was fair warning. He said he has been following it closely. Mr. Sidoti said he is not anti drugs, adding he understands the issues. He said he has concerns about a growing center in Hudson. Mr. Sidoti said he knows people who use it, adding they have a problem with it. He said he hoped it did not get on the ballot, adding it could become a divisive issue. Mr. Sidoti said they have to be consistent with what they plan, and the type of community they are trying to build in a proactive way. Mr. Kuhar said this meeting has been very fulfilling because they had four or five people address Council with different issues. He said that is fulfilment when they see the public participating, especially the young people addressing environmental issues. He said this is their future, adding he applauds those who came in front of Council and encouraged more. Mr. Kuhar said he would like to spend half of the meeting listening to the public on their issues. Ms. Long said she was in Cincinnati over the weekend at a statewide convention of the League of Women Voters. She said they had speeches on the issues on the November ballot, and heard the pros and cons about the marijuana proposals as Constitutional amendments. Ms. Long said she did not think people realize what the amendments will do. She said there is an additional amendment that would limit the growing and sales of marijuana to seven districts, similar to gambling. She said she does not support it. Ms. Long said the second Constitutional amendment is proposed because the first one did not allow the medicinal element. She said they need to look at these as informed citizens. Ms. Long said if it is legalized, Kent would be a great use area. She said they really need to look at it. Mr. Wilson reminded everyone he handed out packets that were due at this meeting. He said he hoped everyone brought them. Mr. Amrhein said Kent was #9 for millennial job seekers. He said it makes him proud of the national recognition. He said they have changed their entire complexion, with the partnerships established. Mr. Ruller agreed, adding it felt good to see Ann Arbor below them. Ms. Shaffer said the room gives them a better ability to hear each other and the public. She said it feels good to be out of the space with such bad feng shui. She said she is taking notes on what to have in their next room. MAYOR S REPORT Mayor Fiala said the last few weeks have been hectic. He thanked Gene Roberts, adding he was surprised Mr. Roberts still had hair on top of his head. He said Mr. Roberts has bent over backwards, and has heard every complaint. He led a round of applause for Mr. Roberts at this time. Mayor Fiala also thanked the Clerk, adding it was like being at home with another wife. He said everything had a place where it was going, and she did it. Mr. Sidoti said he liked the picture of both of them on Facebook wearing moving tags. Mayor Fiala said the Clerk was going to put him in the shredding truck. Mayor Fiala said there are some guidelines at the fire station, adding they are infringing on them and are only visitors. He said he and the Clerk both have access cards. He asked that they do not feel slighted if they have to be buzzed in and have to ask for them. He said it is a secured area, adding that they are guests. He said they are working together. Mayor Fiala asked, again, that they not feel slighted if asked to do certain things when entering the building. Mr. Kuhar asked if they can ride on the fire trucks, and Mayor Fiala said he did not know. Hearing no further business before this Council, Mayor Fiala adjourned this meeting at 8:30 p.m.
13
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