REGULAR SESSION. February 11, 2016

Transcription

1 REGULAR SESSION February 11, 2016 The Council of the City of Chardon met in Regular Session Thursday, February 11, 2016 at 6:30 P.M. in Council Chambers of the Chardon Municipal Center. Nancy McArthur, President of Council presiding. The meeting opened with the pledge of allegiance and roll call. Members of Council present: Andrew Blackley, Deborah Chuha, Chris Grau, David Lelko, Nancy McArthur, Jeffrey Smock. Members of Council absent: John Mallen. Others present: City Manager Randy Sharpe, Finance Director Mate Rogonjic, Clerk of Council Amy Day, Law Director James Gillette, Police Chief Scott Niehus, City Engineer Doug Courtney, Planning and Zoning Administrator Steve Yaney, Public Service Director Paul Hornyak, Bill Hess, Michelle Meleski, Daniel Meleski, Ann Wishart. ACCEPTANCE/APPROVAL OF MINUTES Mr. Smock moved and Mr. Grau seconded to accept the minutes of the December 21, 2015 Special Session as presented. Mr. Smock requested that the minutes be amended to reflect that the meeting adjourned rather than recessed and to add the word stated on page 3 and to change the word project to projected on page 6. No member of Council had any objection to the suggested amendments to the minutes. Mr. Smock moved and Mrs. Chuha seconded to approve the minutes of the January 14, 2016 Regular Session as presented. Mr. Smock requested that the January 14, 2016 Regular Session minutes be amended for a grammatical error on page 3 and to include the proper names of the members of Council who moved and seconded the motions on the last page of the minutes. RESOLUTION NO A RESOLUTION OF APPRECIATION FOR DANIEL MELESKI FOR HIS SERVICE AS A MEMBER OF CITY COUNCIL was read for the first time in its entirety. Mr. Blackley moved and Mr. Smock seconded the rules be suspended and the Resolution be read for the second and third time by title only. Resolution No was then read for the second and third time by title only. 1

2 Mr. Blackley moved and Mr. Smock seconded for the adoption of Resolution No Members of Council spoke to thank Mr. Meleski for his service as a member of Council. Mayor McArthur thanked Mr. Meleski for his service to the City. RESOLUTION NO A RESOLUTION OF APPRECIATION FOR DEBORAH REITER FOR HER SERVICE AS A MEMBER OF CITY COUNCIL was read for the first time in its entirety. Mr. Grau moved and Mrs. Chuha seconded the rules be suspended and the Resolution be read for the second and third time by title only. Resolution No was then read for the second and third time by title only. Mr. Smock moved and Mrs. Chuha seconded for the adoption of Resolution No Mayor McArthur thanked Mrs. Reiter for her service to the City. MANAGER'S REPORT Mr. Sharpe reported that Zoning Inspector, Patricia Rucinski, has announced her plan to retire on March 18, Mr. Sharpe provided an overview of the City s expenditures which can be viewed online through OhioCheckbook.com. Mr. Sharpe reported that the City has been offered two gifts to be displayed in the Heritage House. The first is an original pencil sketch by T.J. Struna depicting the Chardon Lakes Sugar Camp that is being donated by Dick and Nan Norton. The second gift is an 8 indoor American Flag donated by Victoria Dailey. He noted that he, the Mayor and Finance Director are recommending Council accept the two gifts in accordance with the City s Gift Acceptance Policy. Mr. Blackley requested that the donors receive some sort of recognition from the City. Mr. Blackley moved and Mr. Smock seconded to accept the pencil drawing from Dick and Nan Norton and the 8 flag donated by Victoria Dailey and directed the City Manager to send a letter thanking them for the gifts. Mr. Sharpe reported on a public forum to be held on February 18, 2016 to discuss the City s Sidewalk Connectivity Plan. Mr. Sharpe stated that the Legislative Committee had given staff direction to conduct an appraisal for 223 Center Street. He asked if Council still desired to sell the property prior to obtaining an appraisal. 2

3 Mr. Smock stated that he is in favor of selling the property. Mr. Blackley recommended proceeding with the appraisal. Mrs. McArthur stated that she is in favor of selling the property. Mr. Lelko asked if anyone on Council envisioned any further value of the property to the City. Mr. Gillette stated that the decision has to be made that there is no potential use of the property by the City before the purchase agreement is signed by the City. No member of Council had any objection to proceeding with obtaining an appraisal. Mr. Sharpe reported that the City s Maple Highlands Trail Phase 2 Project in the amount of $435,991 was one of 19 projects that were recommended to be funded through a Clean Ohio Trails Grant. The grant will be used for design engineering and development of the trail heads. Mr. Sharpe reported that plans are being finalized for the Maple Avenue Water Main, Sanitary Sewer, Storm Sewer and Pavement Improvements. Mr. Lelko asked if the Meadowlands Drive Extension is progressing. Mr. Courtney stated that the application is being finalized for the Army Corp of Engineers. COUNCIL COMMITTEE REPORTS Water/Sewer & Service Committees Mr. Blackley reported that the Committees met jointly and discussed the Maple Avenue Improvement Project and the maintenance of traffic during the project. He noted that Maple Avenue is being recommended to be closed to thru traffic for the duration of the project. The Committee discussed communicating the road closures to the public. Mr. Lelko stated that thru-traffic should be defined. Mr. Hornyak stated that those who live on Maple Avenue are the only ones that will have access to Maple Avenue. Mr. Smock asked if the timing of the lights on the Square will need to be modified. Mr. Hornyak stated that it is anticipated that the lights will need to be modified. Mr. Lelko asked if the road closures could be phased. Mr. Courtney stated that it was thought that it would be preferable to have the road closed for the duration of the project rather than constantly changing the traffic patterns. Mr. Hornyak stated that it would be difficult to communicate the different traffic patterns to those trying to get to the school. 3

4 Legislative Committee Mr. Grau reported that the Committee met and recommended moving forward with the appraisal of 223 Center Street. Mr. Grau reported that the Committee discussed the livestreaming of G-TV and also the possibility of entering into an agreement with G-TV. He noted that the last agreement between the City and G-TV was entered into in The Committee asked Dave Jevnikar to review the old contract and make updates to it. This has been done and the City will get the draft contract to the Law Director. Regarding the live streaming, The City s Council meetings are aired live and are archived through Video on Demand. Dave Jevnikar wants to expand the streaming service so that more people have the opportunity to view G-TV s coverage and they would not need to have Time Warner Cable to view it. Mr. Jevnikar is looking for the City s approval for him to move forward with the streaming service. Mr. Grau noted that the Committee asked if all municipalities have to agree but this has not yet been determined. Mayor McArthur asked how the streaming would be funded. Mr. Grau stated that there would not be an additional expense since it is an expansion of the Video on Demand service. He stated that it seems like a solid improvement for City residents and a larger part of Geauga County. Mr. Smock stated that the issue is that people will have access to streaming but they may not be Time Warner customers and may not be paying a franchise fee. He stated that he is okay with proceeding with the streaming service because giving people the ability to view the activities of the local government outweighs the fact that they may not be paying the franchise fee. Mr. Lelko stated that the franchise fee that the City receives does not have to be used for local programming but the City has always used it for that purpose. He stated that he can support the G-TV streaming because it is a way that the City can provide local programming. Mr. Grau moved and Mr. Smock seconded to provide Council s intent and approval to proceed with streaming. Mr. Blackley moved and Mrs. Chuha seconded to add the Planning Commission Report to the agenda. Upon roll call vote the motion passed unanimously. PLANNING COMMISSION REPORT Mr. Blackley reported that Planning Commission met and approved a new color scheme for Dunkin Donuts. Mr. Blackley reported that Planning Commission also granted a variance to allow Cameo Jewelers to put up a time and temperature sign. Mr. Blackley reported that Planning Commission had an informal discussion concerning the WillowTree Development. 4

5 Mr. Blackley reported that Planning Commission approved a concept site plan for DeJohn Funeral Homes and also granted a temporary occupancy permit for two homes in Hidden Glen due to the homeowner s inability to finish punch-list items due to the weather. Mr. Blackley reported that an informal discussion occurred regarding a potential PRD subdivision by WillowTree Development. He reviewed details about the proposed homes and lots and distributed drawings of the proposed homes. Discussion occurred regarding the features of the proposed development. HEARING OF PERSONS BEFORE COUNCIL THOSE PERSONS ON THE AGENDA none. GENERAL PUBLIC none. OLD BUSINESS none. NEW BUSINESS Public Service Director Paul Hornyak spoke to provide an update on the state of City s water. He stated that due to recent stories of lead contamination in local water systems, staff felt it was an appropriate time to inform City residents and businesses on the state of the City s water supply and explain the procedures used by the Water Department staff to ensure that the City s water is safe. Mr. Hornyak reviewed the processes of the Water Department and the testing procedures the City follows to ensure the safety of the City s water supply. Mayor McArthur asked what residents should do if they are concerned about the pipes in their home. Mr. Hornyak stated that the CDC recommends that if the lead in a resident s water is over 15 ppb, they can run their water prior to use or change their plumbing to more recently manufactured material. He reviewed the lead testing process the City does every three years on twenty random locations that were built before Since the testing has been conducted, there is only one home that has received some sort of action level. Mr. Hornyak noted that the City also adds a corrosion prevention agent to treat the water which lessens the solubility of the water to lead. Mr. Blackley asked if homes with service lines from the curb boxes to the house have been replaced. Mr. Hornyak stated that they have all been replaced by the City. Mr. Grau asked if homeowners request to have their water tested. Mr. Hornyak stated that the City has not had requests to this point but if the City does in the future, they would honor the request after the City has verified the need for the home to be tested. 5

6 Finance Director Mate Rogonjic provided a review of the actual revenues and expenditures from the 2015 budget. He reviewed the estimated verses the actual revenues noting that the City collected 4.7% more than was budgeted in all funds. Mr. Rogonjic reviewed Municipal income tax collections and trends and reviewed key trends in fund balances. Mr. Lelko stated that in looking at the 2016 budget, the Finance Director projected an unencumbered starting General Fund balance of $1.7 million when it was actually $2.4 million and the all funds balance was projected at $5.8 million and it was actually $7.3 million. He stated that he is concerned because there are funds available to provide services that aren t being provided and his primary concern is the condition of City streets. He stated that he would like to review the 2016 budget and the capital budget with an eye towards putting more money for street repairs. Mr. Lelko requested to have updated pages 16 & 17 of the budget that show the actual unencumbered beginning fund balance. Mr. Rogonjic stated that staff has begun discussing how to use the extra funds toward road improvements and street projects. Mr. Sharpe stated that there is approximately $400,000 more than was anticipated that can be saved or put towards a road project. Mr. Smock stated that there is $700,000 in additional funds that did not show as available to spend because of the timing of the budget. Large fund balances may be great but there are projects that need done. Mr. Courtney stated that staff would like to get into a mode of operation of addressing a group of streets that need repair and maintenance. Mr. Hornyak stated that after the budget is approved, staff identifies streets that are in need of cracksealing and repair. Staff is looking to create a pavement repair program to be administered like the cracksealing and striping programs where areas are identified that need repair based on the previous year s assessment. Mr. Smock asked if the program would replace sections of road rather than a re-pavement of an entire street. Mr. Hornyak stated that yes the program would replace sections of road. Mayor McArthur asked what can be done in Mr. Sharpe asked if Council wanted staff to review potential streets that could be repaired in 2016 and present their recommendations to Council at the Regular Session of Council in March. Discussion occurred regarding potential streets that need repair. Discussion occurred regarding when staff could present their recommendations to Council. 6

7 Mr. Lelko asked staff to look at reducing the fund balances since the fund balances are already being kept in the reserve funds. He questioned if the City is double-reserving. Council concurred to discuss possible street projects at the March meeting. Mrs. McArthur asked Council if they were interested in considering reviewing and amending the compensation of City Council. The last compensation change occurred in She has information from other communities contained in the 2015 OML report but there is a lot of disparity between the various communities. Mrs. McArthur stated that current Council is not eligible to receive additional compensation. This compensation would affect future Council members. Mr. Lelko stated that he is not in favor of increasing Council compensation. Mr. Smock stated that he is not on Council for the compensation. Mrs. Chuha stated that she did not see a need to increase Council compensation at this time. Mr. Grau stated that he is open to reviewing information that Mayor McArthur wishes to provide. Mrs. McArthur stated that she may have information for Council to review at the March meeting. LEGISLATION ORDINANCE NO Mrs. Chuha moved and Mr. Grau seconded the rules be suspended and the Ordinance be read for the third time by title only. AN ORDINANCE ADOPTING SECTION ALLOWING THE COUNCIL TO DETERMINE WHEN PART 11 PLANNING AND ZONING CODE REQUIREMENTS SHALL NOT APPLY TO A MUNICIPAL PROJECT OR MUNICIPAL PROPERTY was read for the third time by title only. Mr. Smock moved and Mr. Blackley seconded for the adoption of Ordinance No Mr. Gillette explained that a municipal corporation has the authority to exempt itself from its own regulations; however, the City adopted a policy in the 1970s that it would comply with its zoning regulations. This is not beneficial to the City because it hampers a municipality in any projects they may have, and there are other governmental entities that are not required to comply with the City s planning and zoning ordinances. The City should have the same opportunity. He drafted an ordinance that does not give the City an automatic pass if the City decides to adopt a development plan that does not comply with all of the planning and zoning requirements. First, it is not something Planning Commission can approve. It has to go to Council. If a plan is submitted to Council, it must go through a public hearing process. 7

8 Mrs. Chuha asked if these new regulations would give the City the power of eminent domain. Mr. Gillette stated that the City already has the ability to use eminent domain. This ordinance would not require the City to apply for a conditional use and variances. The City could take a development plan and submit it to Council and specify the variances that are being requested if the project were a private development. After a public hearing is held that gives those who live near the site to address Council, Council could approve the plan. ORDINANCE NO Mr. Blackley moved and Mrs. Chuha seconded the rules be suspended and the Ordinance be read for the third time by title only. AN ORDINANCE AMENDING SECTION (b)(167) TO A DEFINITION OF "PUBLIC FACILITY (MUNICIPAL)" AND AMENDING SECTION (b)(168) TO A DEFINITION OF "PUBLIC FACILITY (NON- MUNICIPAL)" AND AMENDING , , , AND OF THE CODIFIED ORDINANCES TO MAKE A PUBLIC FACILITY (MUNICIPAL) AND PUBLIC FACILITY (NON-MUNICIPAL) PERMITTED "P" USES was read for the third time by title only. Mr. Blackley moved and Mr. Smock seconded for the adoption of Ordinance No Mr. Gillette stated that the legislation combines the Public Service Facility and Public Safety Facility definitions into one definition of Public Facility. Then there are two classifications of public facilities: Public Facility Municipal and Public Facility Non-municipal. Under the City s current code, some public safety facilities and some public service facilities are permitted uses in commercial and industrial areas and some residential areas, and a conditional use in the remaining areas. The proposed legislation would make it a permitted use in all zoning districts for both municipal and non-municipal public facilities. Governmental entities that have the power of eminent domain as well as public utilities are exempt from most of the planning and zoning code requirements, so on this basis the public facility municipal and non-municipal are on the same level. Mr. Lelko asked if the legislation was recommended by the Legislative Committee. Mr. Blackley stated that the legislation was recommended by the Legislative Committee. ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT/AGREEMENT WITH GEAUGA COUNTY MAPLE FESTIVAL, INC. FOR THE 2016 MAPLE FESTIVAL AND EACH YEAR THEREAFTER AND DECLARING AN EMERGENCY was read for the first time by title only. Mr. Smock moved and Mrs. Chuha seconded the rules be suspended and the Ordinance be read for the second and third time by title only. 8

9 Ordinance No was then read for the second and third time by title only. Mr. Grau moved and Mr. Blackley seconded for the adoption of Ordinance No Mr. Lelko asked who requested that the contract be continuous. Mr. Sharpe stated that he suggested the contract be continuous because the Festival Board is now committed to using the Heritage House, and he felt it would be beneficial to have the contract continuous because an annual contract no longer seems necessary. Mr. Lelko asked if there is an escape clause for both parties. Mr. Sharpe stated that the draft contract requires either party to provide 350 days notification of their intent not to renew the contract prior to the next festival. Mr. Lelko asked if the agreement can be amended if something comes up. Mr. Gillette stated that the agreement can be amended. He added that the agreement includes a provision that the City and the Maple Festival Board should meet after each festival to discuss the needs for the following year. Mr. Smock expressed concern that the 350 day provision does not give Council enough time to act quickly enough. Mr. Gillette suggested that it be amended to 320 days. Mr. Grau amended his motion and Mr. Blackley seconded to amend the contract with the Maple Festival to require notice of 320 days of either party s intent not to renew the contract. ORDINANCE NO AN ORDINANCE AMENDING APPROPRIATIONS IN THE CITY OF CHARDON TREASURY FOR 2016 AND DECLARING AN EMERGENCY was read for the first time by title only. Mrs. Chuha moved and Mr. Blackley seconded the rules be suspended and the Ordinance be read for the second and third time by title only. Upon roll call vote the motion passed unanimously. Ordinance No was then read for the second and third time by title only. Mrs. Chuha moved and Mr. Blackley seconded for the adoption of Ordinance No Mr. Rogonjic reviewed proposed amendments to appropriations that include amendments to the sidewalk program which moves money set aside in the Sidewalk Fund to the General Fund to fund the 2016 annual sidewalk maintenance program. The legislation also amends appropriations to set aside funds from the Heritage House Fund since Cold Harbor Building Co. has incurred more expenses for the Heritage House than what he was paid to construct the facility. Lastly, appropriations are being amended in the water and sewer operating funds to allow for transfers later in the 9

10 year to the Water and Sewer Capital Funds that will be used for projects. Mr. Lelko stated that he does not support the Ordinance because of the transfer of $185,000 from the Sidewalk Fund to the General Fund. If $185,000 is added to what has already been appropriated for sidewalks, over half a million dollars out of the General Fund will be appropriated for sidewalk maintenance in 2016 which he cannot support because of his concern for the need for street repairs. Mr. Rogonjic stated that within five years this money should be recouped in the General Fund from homeowners that are paying for their sidewalk repair. Mr. Lelko stated that this is not freeing up money for streets. Mr. Smock inquired about the collection of sidewalk assessments. Mr. Rogonjic reviewed the expected collection amounts from sidewalk assessments. Discussion occurred regarding historical and projected sidewalk assessment collections. Mr. Smock asked if the transfers that are being proposed in the utility funds are the result of funds left over after the end of the year. Mr. Rogonjic stated that the funds are left over in the Water and Sewer Operating Funds. Mr. Smock asked if the budget was adopted in January or February of 2016 then the appropriations would have been incorporated in the normal operating budget that was presented and not as amended appropriations. Mr. Rogonjic stated that Mr. Smock is correct; however he would have still proposed to transfer money to the capital funds to save for future capital improvements. Mayor McArthur noted that the end result does not change. Results of the roll call vote: Blackley: Yes Chuha: Yes Grau: Yes Lelko: No Mallen: Absent McArthur: Yes Smock: Yes Motion passed. REVIEW OF EXPENDITURES Mr. Smock reported that all expenditures were in order. EXECUTIVE SESSION none. 10

11 ANY OTHER BUSINESS TO COME BEFORE COUNCIL Mr. Grau reported on activities of the Geauga Lyric Theater Guild. Mr. Sharpe asked the Law Director to review why large signs are currently permitted in the City. Mr. Gillette stated that the United States Supreme Court decided a case involving signs and their opinion is that if signs of a certain size for one purpose are permitted, the City cannot discriminate against others who wish to advertise for a different type of purpose such as for political advertisements. On this basis, there is nothing the City can do to prevent large signs at this time but the City s sign ordinance will be reviewed to ensure its content is neutral. Mr. Smock asked if the Police Department stops drivers that do not clear snow from their vehicles. Chief Niehus stated that the Police Department does stop drivers whose vision is obstructed due to snow on their vehicles and they have the ability to issue a citation. ADJOURN Mr. Blackley moved and Mr. Smock seconded to adjourn. voice vote the motion passed unanimously. Upon The meeting adjourned at 9:36 P.M. Attest: NANCY MCARTHUR, Mayor President of Council AMY DAY Clerk of Council 11