THE CITY OF KENT, OHIO REGULAR COUNCIL MEETING WED., MAY 18, 2011 This regular meeting of Kent City Council was called to order at 7:31 p.m. on Wed., May 18, 2011, by. PRESENT: ALSO PRESENT: MR. AMRHEIN, MR. DELEONE, MR. FERRARA, MR. KUHAR, MS. SHAFFER, MR. TURNER, MR. VALENTA, MS. WALLACH, AND MR. WILSON J. FIALA, MAYOR & PRESIDENT OF COUNCIL; D. RULLER, CITY MANAGER; J. SILVER, LAW DIRECTOR; AND L. COPLEY, CLERK OF COPLEY Mayor Fiala called upon Council member Wallach for her opening remarks at this time. Ms. Wallach had no opening remarks, and led the Pledge of Allegiance. MOTION TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 20, 2011. Motion made by Ms. Wallach, seconded by Mr. Ferrara, and carried by a voice vote of 9-0. MOTION TO APPROVE THE WORK SESSION OF MAY 4, 2011. Motion made by Ms. Wallach, seconded by Mr. Ferrara, and carried by a voice vote of 8-0-1, with Ms. Wallach abstaining. MOTION TO APPROVE THE JOINT MEETING WITH FRANKLIN TOWNSHIP TRUSTEES OF MAY 4, 2011. Motion made by Ms. Wallach, seconded by Mr. Ferrara, and carried by a voice vote of 9-0. Mayor Fiala called for audience comment at this time. He reminded those wishing to address Council to sign up with the Clerk who would call them forward, and to limit their comments to three minutes. Cassie Kirby, 407 High Street: Ms. Kirby suggested they become creative with the parcel of land proposed for the Overlay District. She said if they turned it into an international village, they would be compliant with the Bicentennial Plan. She said they would fulfill the need for single parent housing, as the University plans to tear down the Allerton Apartments. Ms. Kirby said the students who are 18-22 have options. She said the international students will be farmed out to other apartment buildings. She said they have something to contribute and should be valued. Ms. Kirby said their neighborhood is not against development. She said they are against rash decisionmaking that is not backed up. She said they are concerned about the legacy for their children and grandchildren, adding this was a priority in the Bicentennial Plan. Ms. Kirby asked that they do not tell her this is good for the neighborhood and the community. She said it will be a college ghetto, She said they will see more houses for sale that will be bought by landlords. Ms. Kirby said their tax base is 37%, adding there is no room to dwindle. She said people will leave, and take their tax dollars and children to another community. She said they have shown, through signed petitions and attendance, that additional student housing is something they do not want. She said it is a shame that their representatives, Ms. Shaffer and Mr. Wilson, have not communicated this thought. She said it is time for their unanswered questions to be answered. Ms. Kirby asked what the City plans to do to support the infrastructure, adding that the plans do not include resurfacing of the roads or the addition of sidewalks. She asked what they plan to do to insure the safety of their children and how they planned to address the increased traffic. She said if traffic would not be a problem, they do not need 600 spaces for 600 beds. She asked about the foot traffic, as well as increased noise and light pollution. Ms. Kirby said she believes in Kent and she believes in the Bicentennial Plan created in 2004. She said the Plan is not being addressed, and she charged them to address those concerns as they were addressed in the Bicentennial Plan.
Valerie Fiala, Portage Learning Center, Ravenna: Ms. Fiala explained she is the Outreach/Marketing Coordinator for Portage County Head Start program. She said she works with poverty families, prenatal moms, and children ranging in age from six weeks to five years. She said they recently held Government Day, adding they invited local and state officials to see what they are about and how they use the funding. Ms. Fiala said that Mayor Fiala and Council member Valenta were there, and read to the students. She presented them with a thank you note at this time. Dave Williams, 11 S. River Street: Atty. Williams said he is wearing his Kent Citizen hat at this time. He said there has been a lot of unfair and unfounded criticism. He said they have been accused of rushing to judgment and spot zoning. He said some feel their concerns are not being heard. Atty. Williams said he did not think anything was further from the truth. Atty. Williams said the Council and the Administration has been involved, adding that they recognized the Zoning Code was an issue about twelve years earlier and things needed to change. He said they got outside help, and came up with the Bicentennial Plan to give them guidelines. He said they recognized the need for housing around the campus and walkability. Atty. Williams said since 2004, he does not know how many thousands of hours have been spent by the Planning Commission and Council on the issue of zoning, and the Zoning Code. He said people are talking about different issues. He said that some of the people have been there many times, and have said they do not listen, adding he did not believe that is the case. He said the Zoning Code has changed. He said some of the areas around the campus are coming to a head. Atty. Williams said this site has been under discussion through many public meetings for the past nine months. He said they originally thought to change it to the U District, and then considered the R-4. He said because Council listened to the people, they came up with the Overlay District, which is designed to meet a lot of the issues. Atty. Williams said the comments that Council does not listen are unfair and unfounded. Amy Soyars, 1619 Morris Road: Ms. Soyars said in the minutes, when asked, Mr. Edwards said the Overlay District was the result of the discussions between the City and the Edwards Company. She said no one is attacking Council personally, and as citizens, they want to be sure things are done right. She said that 37% of the population lives in houses, adding more than 60% of the housing is for rentals. She said they have 600 units vacant, adding this is based on 2000 Census data used by the Edwards Company. Ms. Soyars said that Campus Pointe provided an additional 630 beds, with Sunrise proposing 612 beds. She said the Presbyterian Church speaks of 350 beds, for a total of 1600 beds. She said if they add in the unrented units, they are now up to 2200. She said with this proposal, they will have 2800 additional units since the last census. Ms. Soyars said that Kent State has not grown that much, adding that all data has shown a decrease. She asked why they are not growing. Larry Andrews, 335 High Street: Mr. Andrews said he would ask that they consult with their Law Director on whether a positive vote on the Overlay would leave them vulnerable to legal redress. Gayle Simon, 903 Morris Road: Ms. Simon said she wanted to comment on a statement about the Overlay. She said it sounds like Kent had to give in to the Edwards Corporation. She said they are still putting 600 people in this area, regardless of the zoning. Karen Andrews, 335 High Street: Ms. Andrews said she wanted to respond to Mr. Williams. She said she does not understand him, adding that as a lawyer he is paid to be there, in contrast to the citizens who are not paid to be there. She said they have been there night after night. Ms. Andrews said Mr. Williams spoke of a nine-month process, adding they have all been there and know it has been nine months. She said during the time she has attended in the late Winter and Spring, she has witnessed the Edwards Company asking for two delays. She said one was because Mr. Kuhar was still in Florida, and they did not want the vote that night. She said they asked Council for delays, while still impressing on them the need for speed. She said they had options that had to be handled, and the delays were onerous to them, because it was a painful experience.
Ms. Andrews said they feel frustrated. She said their neighborhood is a good thing, and it is worth being protected. She said they seem to have no ear at the Council. She said Ms. Shaffer suggested the need for something between R-3 and R-4, adding that is the compromise that everyone has attached to at this time. She said it does not satisfy the difficulties or correct the problems with the size of the development. Ms. Andrews said she would conclude their comments as she sees signs of restlessness from the Council. Nathan Poluga, 146 N. Water Street: Mr. Poluga said he wished to address the smoker in front of Cajun Dave s. He said he resides in an apartment directly south, on the second floor, and has three windows that overlook Water Street. He said with the current situation, he has smoke in his apartment, adding that the summer is a challenge. He said he cannot run the air conditioner or open the windows. He said the prevailing wind blows it to the south, and acknowledged it does not happen every time. Mr. Poluga said the first time it occurred was during the downtown festival, and he thought his apartment was on fire. He said he never contacted anyone on Council. He said he has spoken to those in the restaurant, including one named Brian. He said he was told that it was advertising, and the people know he is there. Mr. Poluga said he lived on the block before Cajun Dave s bought the Bargerstock Building. He said they told him they did not know there were any apartments, adding he thought that was deceitful. He said he used to babysit his nephews, but cannot do that now. He said he cannot run the air conditioning, and noted he does live above a pizza shop. He said it is ridiculous. Mr. Poluga said in the winter, Cajun Dave s used a smaller, portable smoker that was not a problem. He questioned the need to take up a parking space for advertising. He said he asked them if they would use it on special occasions, and it was two days weekly originally. He said it is now used one day. He said if the permit is renewed, they could blow smoke on multiple days. Chris Smeiles, 1471 River Edge: Mr. Smeiles explained he was present as a County Commissioner. He said he has heard a lot of criticism. Mr. Smeiles said when something goes well, it is appropriate to speak up. Mr. Smeiles said the City Council, Manager, and staff have been helpful to the County Commissioners in trying to locate a site for the Kent courthouse. He said he appreciates the last two years of meetings, adding that many have been frustrating. He said some of them have called and emailed with different ideas. Mr. Smeiles said the staff and their Manager are doing a good job, and they are all hoping for closure soon. Hearing no further comment, Mayor Fiala called for the written correspondence. The Clerk reported the following at this time: 1. A letter was received on April 28, 2011 from Mary Kenneley, a member of the Salary review Commission, advising that she will not sign the report of the Salary Review Commission. Ms. Kenneley felt that constructive critical examination was difficult because of the lack of data collection. 2. A report was received on April 29, 2011 from the Salary Review Commission with their recommendations. MOTION TO ACCEPT THE REPORT OF THE SALARY REVIEW COMMISSION. Motion made by Mr. Wilson, seconded by Mr. Ferrara, and carried by a voice vote of 9-0. 3. An email was received on May 1, 2011 and forwarded to the Mayor and all members of Council on May 2, 2011 from Cassandra Pegg-Kirby. Ms. Pegg-Kirby expressed her concerns with the proposed Overlay District and the value of her neighborhood. 4. Council member Ferrara received an email on May 2, 2011 from Ryan Brannon speaking in favor of the smoker in downtown Kent. This email was forwarded to the Mayor and all members of Council on May 2, 2011.
5. Council member Shaffer received an email on April 29, 2011 from Mike Mistur speaking in favor of the smoker in downtown Kent. This email was forwarded to the Mayor and all members of Council on May 2, 2011. 6. An email was received from T.N. Bhargava, Chair of the Salary Review Commission, on May 3, 2011, clarifying that the report filed by one of their members who did not sign the Committee s report was not approved by the Committee and should not be construed as a minority report. This email was forwarded to the Mayor and all members of Council on May 4, 2011. 7. The agenda packet for the April 27, 2011 Parks and Recreation Board meeting was placed on file by Council s liaison on May 4, 2011. 8. An email was received from Matthew Guska on May 4, 2011, supporting the smoker downtown. This email was forwarded to the Mayor and all members of Council on May 9, 2011. 9. An email was received from Edward Bargerstock on May 5, 2011, supporting the smoker downtown. This email was forwarded to the Mayor and all members of Council the same day. 10. A carbon copy of an email from Rick Hawksley to Gary Locke, Community Development Director, was received on May 4, 2011, with information regarding rental registration with the County Auditor s office. This email was forwarded to the Mayor and all members of Council the same day. 11. An email was received from Mike Beder, owner of Cajun Dave s advising of an issue that occurred on May 6, as they were attempting to park the smoker. This email was forwarded to the Mayor and all members of Council the same day. After the agenda was printed, the following correspondence was received: 1. Minutes of the April 2011 Standing Rock Cemetery Board meeting were placed on file by Council s representative, Mr. DeLeone. 2. A letter was hand delivered from the Kent Historical Society supported the Municipal Courthouse being located adjacent to the Kent Historical s new home on East Main Street. 3. An email was received from Al Moss of Steele Street, on May 17, 2011, expressing his opposition to the proposed overlay district. This email was forwarded to the Mayor and all members of Council the same day. 4. Council member Valenta received an email on May 18, 2011, from Marc Kirby speaking against the Edward s rezoning. This email was forwarded to the Mayor and all members of Council the same day. City Manager s Report Mayor Fiala called upon the City Manager for his report at this time. MOTION TO APPROVE ITEMS #1 THROUGH #11 Motion made by Mr. Wilson, seconded by Mr. Ferrara, and carried by a voice vote of 9-0. The following items were approved by the aforementioned motion: 1) Authorization, Draft No. 11-43, City s participation in ODOT Salt Purchase Participation Agreement. 2) Community Development Committee, approval of 2011 Celebrate Kent Grant Awards
3) Community Development Committee, community gardens 4) Community Development Committee, land transactions for Phase 2, Neighborhood Stabilization Program 5) Health & Safety Committee, review of proposed 2011 Fire Service Contract with Franklin Township. 6) Health & Safety Committee, request for parking restrictions on Pine Street. 7) Land Use Committee, vacant property ordinances and interior building maintenance standards for commercial, industrial, and non-resident occupied properties. 8) Finance Committee, CRA tax abatement request by Record Courier. 9) Finance Committee, reorganization of supervisory duties in Central Maintenance 10) Finance Committee, discussion on budgetary strategy, timetable for 2012 City budget 11) Finance Committee, amendment to 2011 appropriations MOTION TO AUTHORIZE AN EXECUTIVE SESSION PRIOR TO THE ADJOURNMENT OF THIS MEETING FOR LAND ACQUISITION AND PENDING LITIGATION. Motion made by Mr. Wilson, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Shaffer, Mr. Turner, Mr. Valenta, Ms. Wallach, Mr. Wilson, and Mr. Amrhein. The motion carried by a roll call vote of 9-0. COMMUNITY DEVELOPMENT COMMITTEE MOTION TO APPROVE THE WRITTEN REPORT OF MAY 4, 2011 Motion made by seconded by Mr. Valenta, and carried by a voice vote of Mr. DeLeone, and carried by a voice vote of 9-0. MOTION TO APPROVE THE THREE ACTIONS FROM MAY 4, 2011 Motion made by seconded by Mr. Valenta, and carried by a voice vote of Mr. DeLeone, and carried by a voice vote of 9-0. The following items were approved by the aforementioned motion: 1) AUTHORIZE CERTIFICATION OF SEMI-ANNUAL EDA REVOLVING LOAN FUND 2) AUTHORIZE ACCEPTANCE OF TAX INCENTIVE REVIEW COUNCIL ANNUAL REPORT 3) AUTHORIZE EXTENSION OF ENTERPRISE ZONE ABATEMENT PROGRAM, AND AMENDMENT TO POLICY The Mayor asked the Clerk to read Draft No. 11-38 by title only at this time. AN ORDINANCE APPROVING A REQUEST FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ASSISTANCE FOR PROGRAM YEAR (PY) 2011 UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING THE PY2011 ANNUAL ACTION PLAN AND AUTHORIZING THE EXECUTION AND FILING OF THE PY2011 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. Valenta. Roll call was taken on the motion. Voting aye: Mr. Ferrara, Mr. Kuhar, Mr. Turner, Mr. Valenta, Ms. Wallach, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. Ms. Shaffer abstained. The motion carried by a roll call vote of 8-0-1. Motion made by Mr. Kuhar, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Ferrara, Mr. Kuhar, Mr. Turner, Mr. Valenta, Ms. Wallach, Mr. Wilson, Mr. Amrhein, and Mr. DeLeone. Ms. Shaffer abstained. The motion carried by a roll call vote of 8-0-1.
2011-34: AN ORDINANCE APPROVING A REQUEST FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ASSISTANCE FOR PROGRAM YEAR (PY) 2011 UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING THE PY2011 ANNUAL ACTION PLAN AND AUTHORIZING THE EXECUTION AND FILING OF THE PY2011 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. 11-39 by title only at this time. A RESOLUTION CERTIFYING THAT THE CITY S REVOLVING LOAN PLAN IS CONSISTENT WITH AND SUPPORTIVE OF THE AREA S ECONOMIC DEVELOPMENT ADJUSTMENT STRATEGY AND IS BEING OPERATED IN ACCORDANCE WITH THE POLICIES AND PROCEDURES CONTAINED IN THE REVOLVING LOAN PLAN AND THAT THE LOAN PORTFOLIO MEETS THE STANDARDS CONTAINED WITHIN SAID PLAN AND DECLARING AN EMERGENCY. Motion made by Mr. Ferrara, seconded by Mr. Kuhar. Roll call was taken on the motion. Voting aye: Mr. Kuhar, Ms. Shaffer, Mr. Turner, Mr. Valenta, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Ferrara. The motion carried by a roll call vote of 9-0. Motion made by Mr. Kuhar, seconded by Mr. Ferrara. Roll call was taken on the motion. Voting aye: Mr. Kuhar, Ms. Shaffer, Mr. Turner, Mr. Valenta, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, and Mr. Ferrara. The motion carried by a roll call vote of 9-0. 2011-35: A RESOLUTION CERTIFYING THAT THE CITY S REVOLVING LOAN PLAN IS CONSISTENT WITH AND SUPPORTIVE OF THE AREA S ECONOMIC DEVELOPMENT ADJUSTMENT STRATEGY AND IS BEING OPERATED IN ACCORDANCE WITH THE POLICIES AND PROCEDURES CONTAINED IN THE REVOLVING LOAN PLAN AND THAT THE LOAN PORTFOLIO MEETS THE STANDARDS CONTAINED WITHIN SAID PLAN AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No. 11-40 by title only at this time. AN ORDINANCE AMENDING ORDINANCE NO. 1992-55, PASSED AUGUST 19, 1992, ENTITLED "AN ORDINANCE APPROVING A STATEMENT OF POLICY AND PROCEDURES FOR APPROVING TAX EXEMPTIONS IN THE CITY'S ENTERPRISE ZONE, AND DECLARING AN EMERGENCY" AS AMENDED BY ORDINANCE NO. 1993-75, PASSED OCTOBER 6, 1993; AND AS AMENDED BY ORDINANCE NO. 1998-45, PASSED JULY 10, 1998, IN ORDER TO PROVIDE FOR THE EXTENSION OF THE CITY'S ENTERPRISE ZONE TO ALLOW ABATEMENTS TO BE GRANTED AS LONG AS ENABLED BY STATE LAW, TO UPDATE THE CITY S STATEMENT OF POLICIES AND PROCEDURES AND DECLARING AN EMERGENCY. Motion made by Mr. Ferrara, seconded by Mr. Valenta.
Roll call was taken on the motion. Voting aye: Ms. Shaffer, Mr. Turner, Mr. Valenta, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, and Mr. Kuhar. The motion carried by a roll call vote of 9-0. Motion made by Mr. Ferrara, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Ms. Shaffer, Mr. Turner, Mr. Valenta, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, and Mr. Kuhar. The motion carried by a roll call vote of 9-0. 2011-36: AN ORDINANCE AMENDING ORDINANCE NO. 1992-55, PASSED AUGUST 19, 1992, ENTITLED "AN ORDINANCE APPROVING A STATEMENT OF POLICY AND PROCEDURES FOR APPROVING TAX EXEMPTIONS IN THE CITY'S ENTERPRISE ZONE, AND DECLARING AN EMERGENCY" AS AMENDED BY ORDINANCE NO. 1993-75, PASSED OCTOBER 6, 1993; AND AS AMENDED BY ORDINANCE NO. 1998-45, PASSED JULY 10, 1998, IN ORDER TO PROVIDE FOR THE EXTENSION OF THE CITY'S ENTERPRISE ZONE TO ALLOW ABATEMENTS TO BE GRANTED AS LONG AS ENABLED BY STATE LAW, TO UPDATE THE CITY S STATEMENT OF POLICIES AND PROCEDURES AND DECLARING AN EMERGENCY. FINANCE COMMITTEE MOTION TO APPROVE THE WRITTEN REPORT OF APRIL 20, 2011. Motion made by Mr. Wilson, seconded by Mr. DeLeone, and carried by a voice vote of 8-0-1, with Ms. Wallach abstaining. MOTION TO APPROVE THE WRITTEN REPORT OF MAY 4, 2011 AND THE RECOMMENDED ACTION, AUTHORIZING AN AMENDMENT TO THE 2011 APPROPRIATIONS. Motion made by Mr. Wilson, seconded by Mr. Ferrara, and carried by a voice vote of 9-0. The Mayor asked the Clerk to read Draft No. 11-41 by title only at this time. AN ORDINANCE AMENDING ORDINANCE NO. 2010-109, THE CURRENT APPROPRIATION ORDINANCE, PASSED NOVEMBER 17, 2010, AS AMENDED BY ORDINANCE NO. 2011-06, PASSED JAN. 19, 2011; AND AS AMENDED BY ORDINANCE NO. 2011-14, PASSED MARCH 16, 2011, SO AS TO INCREASE APPROPRIATIONS IN FUND 001, GENERAL; FUND 128, FIRE & EMS; FUND 301, CAPITAL; AND FUND 302, MPITIE; AND DECLARING AN EMERGENCY. Motion made by Mr. Wilson, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Turner, Mr. Valenta, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, and Ms. Shaffer. The motion carried by a roll call vote of 9-0. Motion made by Mr. Wilson, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Mr. Turner, Mr. Valenta, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, and Ms. Shaffer. The motion carried by a roll call vote of 9-0.
2011-37: AN ORDINANCE AMENDING ORDINANCE NO. 2010-109, THE CURRENT APPROPRIATION ORDINANCE, PASSED NOVEMBER 17, 2010, AS AMENDED BY ORDINANCE NO. 2011-06, PASSED JAN. 19, 2011; AND AS AMENDED BY ORDINANCE NO. 2011-14, PASSED MARCH 16, 2011, SO AS TO INCREASE APPROPRIATIONS IN FUND 001, GENERAL; FUND 128, FIRE & EMS; FUND 301, CAPITAL; AND FUND 302, MPITIE; AND DECLARING AN EMERGENCY. LAND USE COMMITTEE The Mayor asked the Clerk to read Draft No. 11-45 by title only at this time. AN ORDINANCE ADOPTING CHAPTER 1125, TITLED RESIDENTIAL REDEVELOPMENT OVERLAY DISTRICT, AS AN ADDITION TO THE ZONING CODE OF THE CITY OF KENT, AND DECLARING AN EMERGENCY. Motion made by Mr. Kuhar, seconded by Mr. Valenta. Roll call was taken on the motion. Voting aye: Mr. Valenta, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Shaffer, and Mr. Turner. The motion carried by a roll call vote of 9-0. Motion made by Mr. Ferrara, seconded by Mr. Kuhar. Roll call was taken on the motion. Voting aye: Mr. Valenta, Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Shaffer, and Mr. Turner. The motion carried by a roll call vote of 9-0. 2011-38: AN ORDINANCE ADOPTING CHAPTER 1125, TITLED RESIDENTIAL REDEVELOPMENT OVERLAY DISTRICT, AS AN ADDITION TO THE ZONING CODE OF THE CITY OF KENT, AND DECLARING AN EMERGENCY. STREETS, SIDEWALKS & UTILITIES COMMITTEE MOTION TO AUTHORIZE THE WRITTEN REPORT OF MAY 4, 2011. Motion made by Mr. DeLeone, seconded by Mr. Ferrara, and carried by a voice vote of 9-0. MOTION TO AUTHORIZE ACTION #1, AUTHORIZING THE LICENSE TO BE RENEWED FOR ONE YEAR FOR CAJUN DAVE S WITH A REVIEW AFTER SIX MONTHS. Motion made by Mr. DeLeone, seconded by Mr. Ferrara. Mr. DeLeone said he was not permitted to speak the previous week on the smoker issue. He said he did not think it was fair to the other businesses, and sets a bad precedent. He said they obviously did not get all of the residents on the same page. Mr. DeLeone said if someone else wants one in front of their business, they will have to do it. He said the owner stated it is used for advertisement. Mr. DeLeone said he loves the food and the smell, but it sets a bad precedent. Ms. Wallach said she cannot support the motion as long as the smoke issue is not addressed. She said they say they do not want more bars or tattoo parlors, but will not help a well-established business that has been there for thirty-one years, and feeling a negative financial impact. She said they have decided to
wait and see if new businesses have a problem with the smoke. Ms. Wallach asked what kind of message that sends to the businesses. She said the hair salon across the street is being impacted by the smoke. She said the owner told her people do not want to spend $50 on their hair, and walk out into the smoke. Ms. Wallach said the tree looks nasty, and the branches are black. She said they can tell it has been singed by smoke, adding it is scrawny, like the Charlie Brown Christmas Tree. She said they need to have the arborist look at it. Ms. Wallach said they had a tenant telling them how the smoke is impacting them. She said these people were all there first, and they should address all of these issues before granting the extension. Ms. Shaffer said she did support this previously, but was on the fence, and is now going to change her vote. She said she has heard a number of people who have problems with the smoker. She said she is offended that they have turned it into a situation of two people with an ax to grind against another business. She said that is not the case. Ms. Shaffer said she is grateful they had someone who lives there speak to them. She said she wanted to support their businesses, but was also concerned about the issues of fairness. She said their downtown is vibrant for a number of reasons, and it is not just about the business. She said that people live downtown, and it is important to give them consideration. She said they have the right to have quiet enjoyment. Ms. Shaffer said it is not right if someone cannot open their windows. She said there are other alternatives for this business to advertise and to use the smoker in a place not impacted by the immediate neighborhoods. Mr. Kuhar said when this came to Council originally, his big concern was the availability of a free parking space, and he was somewhat opposed. He said he is on the fence, adding it is neat to have a smoker downtown. He said he drove down Water Street the previous week, and could smell it when he crossed Main Street. Mr. Kuhar asked why a person should have to smell the smoke, adding a lot of people were there before the smoker. He said he will not support the motion. He said they need to think about a place for smokers and street vendors. He said they have to be careful to allow the smell, but not have them in a location that offends other business owners. Mr. Ferrara said part of what makes the downtown vibrant are the neat things that bring people there. He said without people, they would not have a vibrant downtown. Mr. Ferrara said the smoker is more than an advertising tool, adding it brings a unique character downtown. He said if they smell it once a week than that is part of living downtown. Mr. Wilson said they are planning to spend about $30,000 to bring people downtown with promotions, and this is costing nothing. He said he understands about the smoke, but noted it brings people to downtown Kent. Mr. Wilson said he supports the smoker staying downtown. Mr. Valenta said he is still going to support it. He said people who live outside of Kent told him they come to Kent for the barbequed ribs, pulled pork, macaroni and cheese, and smoked salmon. He said they want to draw people downtown to spend some money. He said other cities have areas with smokers and grills. Mr. Valenta said this brings people downtown, and they walk throughout their shopping district. He said that is what they need. He said to not allow something that brings people into the community is a travesty. Mr. Valenta said he would support the smoker for not just Kent residents, but people from other towns too. He said it makes sense to bring them downtown, especially with the proposed development. Mr. Turner said he is concerned about the aspect of the smoke as well. He said they have to work toward mitigating that issue. He said those using the smoker are trying to do that, adding they understand the difficulties with the smoker. Mr. Turner said in his discussions with them, they have indicated they want to try and do the best they can to limit difficulties. He said he will concur about the positive things. Mr. Turner said the biggest issue is how they maintain a degree of being a good neighbor. He said they have to show leadership on how to maintain a good relationship with those downtown, without taking
sides. He said he hoped they can do that, because it is a benefit to the downtown. He said they do have some issues needing addressed. Mr. Turner said he supports the smoker. Ms. Wallach said the smoker not being there would not impact the menu, as they use a smaller smoker in the winter. She said that its current location is the problem, and the problem was not with the smoker being downtown. She suggested it could be elsewhere, like the Home Savings Plaza. She said the owner says it has to be where it is located currently. Ms. Wallach said she cannot support it until the smoke issues are dealt with. She said it is not fair, and is creating a negative impact. She said there are all kinds of ways to get the people downtown. Mr. Kuhar said it is good to get money downtown that costs them nothing. He questioned the cost if it is not protecting their downtown. Mr. Kuhar said as Council members, they have to be mediators. He said there is a smoke issue, and some have made suggestions. Mr. Kuhar said they have to protect the interests of the business people downtown. He said they cannot violate other people to make this happen. Mr. Kuhar said everyone complained about parking on the bridge. He suggested they use the first few spaces for smokers and vendors. He said it would be far enough from the windows, and could be a solution. MOTION TO ELIMINATE THE SIX MONTH REVIEW, UNLESS COMPLAINTS ARE RECEIVED. Motion made by Mr. Valenta, seconded by Mr. Ferrara. Mr. Ferrara said they made it clear to interested parties if this was not resolved amicably, they would probably take back the permit. He said if they do not get complaints, they will assume there was some type of resolution. He said there is no reason to rehash the issue. He said if there are complaints, they can revisit it at that time. Mr. Wilson supported the amendment. He said if they take it out, other businesses can come back with issues in three months, instead of six. Mr. Kuhar said he cannot support the amendment. He said if there are no time limits, he must question how they come back in three months. He said after one year, they had complaints. He said they heard applause from those recruited to applaud. He said they should use six months as a checkpoint to see who has put out the most work. Mr. Kuhar said people did not want to call them and tell them how great it was, and he was unsure if the complaints were prompted. Mr. Kuhar said they need a time limit. Mr. Valenta said he was leaving it open for the six-month review, adding it can come back anytime they receive a complaint, instead of every six months. Mr. Kuhar said he did not hear that in the motion, and the Mayor asked the Clerk to restate the motion. She did so at this time. Ms. Wallach said she did not know why it needed to be eliminated. She said if there are no complaints, and all issues are resolved, they will just keep going. She asked how much it would impact the issue. Mr. Turner said as a point of accommodation, he would not support the amendment. He suggested they leave in the six-month period so if they get complaints, they can deal with them. He said it is much ado about nothing, because if they get complaints, they have to deal with it. Ms. Shaffer asked how many complaints are enough, adding she would like the touch point of six months to revisit it. The amendment failed by a hand count of 3-6, with Mr. Valenta, Mr. Wilson, and Mr. Ferrara supporting the motion. All others were opposed. The original motion carried by a hand count of 5-4, with Mr. DeLeone, Ms. Shaffer, Ms. Wallach, and Mr. Kuhar dissenting. MOTION TO AUTHORIZE ACTION #2 AND ACTION #3. Motion made by Mr. DeLeone, seconded by Mr. Wilson, and carried by a voice vote of 9-0. The following actions were approved by the aforementioned motion:
2) TO AUTHORIZE THE STREET CLOSURE FOR THE GRILL FOR GOOD EVENT. 3) TO AUTHORIZE THE PREAPPLICATION OF $490,000 TO OPWC. The Mayor asked the Clerk to read Draft No. 11-42 by title only at this time. A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT ON BEHALF OF THE CITY OF KENT, AN APPLICATION FOR OHIO PUBLIC WORKS COMMISSION (OPWC) FINANCING FOR ROUND 26 AND FURTHER AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, IN THE EVENT THE APPLICATION IS APPROVED, TO AGREE TO PARTICIPATE IN FUNDING OF ITS LOCAL SHARE FOR THE SUBJECT OPWC PROJECT AND DECLARING AN EMERGENCY. Motion made by Mr. Ferrara, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Shaffer, Mr. Turner, and Mr. Valenta. The motion carried by a roll call vote of 9-0. Motion made by Mr. Ferrara, seconded by Mr. DeLeone. Roll call was taken on the motion. Voting aye: Ms. Wallach, Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Shaffer, Mr. Turner, and Mr. Valenta. The motion carried by a roll call vote of 9-0. 2011-39: A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT ON BEHALF OF THE CITY OF KENT, AN APPLICATION FOR OHIO PUBLIC WORKS COMMISSION (OPWC) FINANCING FOR ROUND 26 AND FURTHER AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, IN THE EVENT THE APPLICATION IS APPROVED, TO AGREE TO PARTICIPATE IN FUNDING OF ITS LOCAL SHARE FOR THE SUBJECT OPWC PROJECT AND DECLARING AN EMERGENCY. The Mayor asked the Clerk to read Draft No. 11-44 by title only at this time. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A LICENSE AGREEMENT BETWEEN R.P.S. 1, LLC (dba CAJUN DAVE S) AND THE CITY OF KENT. Motion made by Mr. Ferrara, seconded by Mr. Wilson. Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Mr. Turner, and Mr. Valenta. Ms. Shaffer and Ms. Wallach dissented. The motion carried by a roll call vote of 7-2. Motion made by Mr. Ferrara, seconded by Mr. Wilson. Roll call was taken on the motion. Voting aye: Mr. Wilson, Mr. Amrhein, Mr. Ferrara, Mr. Turner, and Mr. Valenta. Mr. DeLeone, Mr. Kuhar, Ms. Shaffer, and Ms. Wallach dissented. The motion carried by a roll call vote of 5-4. 2011-40: AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A LICENSE AGREEMENT BETWEEN R.P.S. 1, LLC (dba CAJUN DAVE S) AND THE CITY OF KENT.
The Mayor asked the Clerk to read Draft No. 11-43 by title only at this time. A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION S CONTRACT FOR THE PURCHASE OF SODIUM CHLORIDE/ROCK SALT FOR THE PERIOD OF ONE YEAR, 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. Shaffer, Mr. Turner, Mr. Valenta, Ms. Wallach, and Mr. Wilson. The motion carried by a roll call vote of 9-0. Motion made by Mr. DeLeone, seconded by Mr. Kuhar. Roll call was taken on the motion. Voting aye: Mr. Amrhein, Mr. DeLeone, Mr. Ferrara, Mr. Kuhar, Ms. Shaffer, Mr. Turner, Mr. Valenta, Ms. Wallach, and Mr. Wilson. The motion carried by a roll call vote of 9-0. 2011-41: A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION S CONTRACT FOR THE PURCHASE OF SODIUM CHLORIDE/ROCK SALT FOR THE PERIOD OF ONE YEAR, AND DECLARING AN EMERGENCY. SPECIAL COMMITTEE REPORTS UNFINISHED BUSINESS None None NEW BUSINESS MOTION TO REFER A PETITION FOR PARKING RESTRICTIONS ON PINE STREET TO COMMITTEE. Motion made by Mr. Kuhar, seconded by Mr. DeLeone. Mr. Kuhar said Mr. Turner gathered the signatures, and has 70% of the residents signing the petitions. He said there are four houses and five signatures. Mr. Turner said there is some on-street parking that inhibits the flow and parking. He said there are no parking restrictions, and that is creating a problem. The motion carried by a voice vote of 9-0. MOTION TO ASK THE CITY ARBORIST TO LOOK AT THE TREE BY CAJUN DAVE S. Motion made by Ms. Wallach, seconded by Mr. DeLeone. Mayor Fiala suggested all of the trees should be reviewed, as they all look ratty. The motion carried by a voice vote of 9-0. MOTION TO REFER TO COMMITTEE THE REQUIREMENT THAT MULTI-FAMILY UNITS HAVE ON- PREMISE SECURITY. Motion made by Ms. Wallach, seconded by Ms. Shaffer.
Mr. Kuhar said he brought this up previously, adding they need to have a number on the size of the developments. Mr. Kuhar said on-premise security removes a burden from the local police, as the residents will call security first. He said from what he has seen, occupants do not always respec t the police, but do respect on-premise people, possibly because of the fear of eviction. He said he supports on-premise management for that same reason. Ms. Wallach said it would alleviate the concerns about the residents with respect to units getting out of hand. She said this would formalize it. Mr. Turner said he would support it, adding he wanted a little more information about the numbers. He noted they were limited to multi-family dwellings, and Mr. Kuhar said the dormitories would be included also. The motion carried by a voice vote of 9-0. MOTION TO SEND A LETTER TO THE LOCAL STATE REPRESENTATIVES, SUPPORTING KENT STATE S REQUEST FOR APPROPRIATIONS FOR BUILDING AND INFRASTRUCTURE IMPROVEMENTS FROM THE BOARD OF CONTROL THAT THEY ARE SEEKING. Motion made by Mr. Ferrara, seconded by Mr. Turner. Mr. Ferrara said Kent State is trying to upgrade. He said there has been some questions about issuing bonds, adding the State representatives need to know the impact on Kent as well as the University. He said it would be good for them to know that Council supports this request. Ms. Wallach asked if this would put additional fees on the students, and Mr. Ferrara said that is how he understands it. Ms. Wallach said she cannot support it. The motion carried by a voice vote of 8-1, with Ms. Wallach dissenting. MOTION TO SEND A LETTER TO THEIR STATE REPRESENTATIVES TO REASSESS EMINENT DOMAIN FOR DEVELOPMENT PURPOSES FOR BLIGHTED PROPERTIES. Motion made by Mr. Valenta, seconded by Mr. Ferrara. Mr. Valenta said they need to look into this for their downtown s development for blighted projects. He said he spoke to Mr. Silver, when trying to get more clarification on the vacant property ordinance. Mr. Valenta said it was taken away four years earlier. He said he would like the State representatives to reassess this law. He said it would give them the opportunity for downtown districts to get rid of blighted properties. The motion carried by a voice vote of 8-1, with Mr. Kuhar dissenting. Mr. DeLeone asked if they thanked the Salary Review Commission, and Mayor Fiala said they just accepted the report. He said he would be sending them a letter. Ms. Shaffer said she is concerned with the extra work being done by the Planning Commission, who are a group of dedicated volunteers. She said she would like them to consider a way of thanking their board members, and suggested a celebration. She said she appreciates that they have done so much work. Ms. Shaffer said they do not need to vote on it at this time, but wanted them to keep in mind it is an unpaid board. Mr. Valenta said he wanted to thank Ms. Fiala. He said he hoped everyone could find time to read to the kids. He said a lot of them got a lot of joy by having a political leader read to them. He said they hand wrote thank-you cards, and they brought a smile to his face. He said it is a great feeling to see the joy on their faces. Mr. Valenta suggested they could get close to 100% participation next time Ms. Fiala sends her letter. Mr. Turner said they need to let the Governor and Congress know how important it is to fund these programs. He said it is great that they have people willing to read. He said if staffing is cut back, it will reduce their ability to deliver services to the kids. Mr. Turner said that the Head Start program is one of
the more effective programs. He said he hoped they, as a body, will make sure these programs are adequately funded. Mr. Turner said he respects and appreciates Ms. Fiala s efforts, adding it was very noble, but they have to support the needs of the kids in the program. Mr. Amrhein noted he could not be there because of his employment. He thanked Mayor Fiala and Council member Valenta for representing Council. Mr. Kuhar said they make tough decisions on Council, and the Overlay was hard. He said all he ever dreams about are people showing up and speaking their piece. He said it is hard when they do show up, and the Council cannot agree with them. Mr. Kuhar said the people have the biggest fear of what may be. Mr. Kuhar said Kent is growing, and he remembers when Depeyster Street was the end of Kent. He said they have issues with student housing, garbage cans, and noise, and try to find the right answer. He said in the long run, a lot of things they fear are not as bad as they thought. He said this may be an improvement. Mr. Kuhar said he looked at the Edwards Corporation closely, and probably longer than most Council. He said this company looked at Sunrise Apartments at the end of his street. He said everything he saw was good, and he will be getting someone else at the end of this street. He said he cannot say the same about them, adding he wished the Edwards Company would be redoing the Sunrise Apartments. Mr. Kuhar said High Street is a good neighborhood. He said it is part of his old neighborhood. Mr. Kuhar said with the proper controls from the City, along with buffers and ways to discourage transient things from happening, he felt it would be good for everyone and will help the City grow. Mr. Kuhar said it is a good neighborhood to raise kids, and hoped the other student rental houses would move away. Ms. Wallach agreed with Mr. Kuhar, and said it is the fear of the unknown. She said when the proposal to tear down Terrace Hall came forward, people were fearful about traffic issues that never materialized. She said she hoped many of these fears would not materialize. Ms. Wallach commended Ms. Shaffer on the work she did with the residents and the Edwards Company. She said Ms. Shaffer put in a lot of effort and everyone should appreciate the time she spent. Ms. Shaffer said they all put a lot of time on the issue. She said it is sad that some feel they did not listen. She said she has listened to a lot of people, including those who did not attend any of the meetings. She said she searched her soul. Ms. Shaffer said she wanted to support the group but felt that for the City and her ward, this was the best decision. She said she voted her conscious, and knows she will not be very popular for a while. Ms. Shaffer said they can put a lot of effort into making this the best project, adding she will lay down in front of the bulldozers if the company does not live up to their agreement. Mr. Turner agreed with Mr. Kuhar that it was extremely difficult. He said it was the best decision they could make, and now they must remain engaged with what is going on. He said they cannot disengage, and have to go back to that community to assure them they have their interests and quality of life at heart. He said there are some hurt feelings, and some people do not believe they did the right thing. He said they want to insure that the quality of life is not diminished, adding it is the great fear of the unknown. Mr. Turner said he did not want a fracture in this wonderful street and neighborhood, adding as a government body, the Council and the staff has work to do. He said they have to reach out to that community and let them know they are concerned with their future. Mr. Turner said it is probably not the time now, but they do care about the residents. He said they have to make decisions that put them in the position of people liking or disliking them. He said they all liked to be liked more than disliked. He said they will ultimately reach out to them, and let them know they are concerned with their welfare. Mr. Turner said there would be blips, and they have to insure the quality of life does not diminish to the point of people moving. He asked that they reach out to Council, and said that Council will do the best they can. MAYOR S REPORT
Mayor Fiala said there are times when they have hard decisions to make, such as the Edwards Company and Cajun Dave s. He said no one from the smoker issues has contacted him to try and work it out. He said it is a shame, as all three companies add to the downtown. Mayor Fiala said it was a pleasure to go to the event with the children. He said this program is funded through the US government, and there will be funding cuts. He suggested when people are not as busy in the summer, they could go to see the children. Mayor Fiala complimented his daughter. He said she looks like her mom, and has her dad s sense of humor. Mayor Fiala recessed this meeting at 8:50 p.m. Mayor Fiala reconvened this meeting at 9:45 p.m. MOTION TO JOIN THE CITY OF CENTERVILLE AS A FRIEND OF THE COURT WITH THE OHIO MUNICIPAL LEAGUE IN AN APPEAL TO THE OHIO SUPREME COURT IN THE CASE OF SUGARCREEK TOWNSHIP VS. THE CITY OF CENTERVILLE. Motion made by Mr. Ferrara, seconded by Mr. Amrhein, and carried by a voice vote of 9-0. MOTION TO ADJOURN THIS MEETING Motion made by Mr. Ferrara, seconded by Mr. Wilson, and carried by a voice vote of 9-0. Hearing no further business before this Council, Mayor Fiala adjourned this meeting at 9:50 p.m.