KIRTLAND CITY COUNCIL MINUTES

KIRTLAND CITY COUNCIL MINUTES

June 16, 2008

The meeting of Kirtland City Council was called to order at 7:08 p.m. by Council President Pro Tempore Timothy Powell. Councilman Webbe led the prayer which followed the Pledge of Allegiance. The members of Council present were: Douglas Davidson, David Kirek, Timothy Powell, Robert Skrbis and Donald Webbe. Absent: Royal Brettrager and R. Robert Umholtz.

Administrative personnel present were: Mayor Mark A. Tyler, Law Director Daniel Richards, Finance Director Keith Martinet, City Engineer Philip Kiefer, Service Administrator Carm Catania, Police Chief Wayne Baumgart and Fire Chief Anthony Hutton.

PUBLIC HEARING – TAX BUDGET FOR FISCAL YEAR 2009:

Finance Director Keith Martinet advised that, pursuant to State law, the City is required to hold a public hearing on the 2009 tax budget that is submitted to the County Auditor. Mr. Martinet stated that the purpose of the tax budget is to demonstrate to the County Auditor the City’s need for the funds that have been voted on by the citizens. Mr. Martinet noted that a copy of the budget is available for review in the Finance Director’s Office; he noted further that tonight’s meeting has been duly advertised as required. There were no public comments or questions, and the public hearing was concluded with the consent of Council.

MINUTES OF THE JUNE 4, 2008 COUNCIL MEETING:

Mr. Davidson moved to waive the reading of the Minutes, with the second by Mr. Kirek. The motion of Council passed by unanimous vote. Mr. Davidson moved to adopt the Minutes, with the second by Mr. Kirek. ROLL CALL: MOTION CARRIED 5/0 (VOTING YEA: WEBBE, DAVIDSON, KIREK, POWELL AND SKRBIS. VOTING NAY: NONE).

DEPARTMENT REPORTS:

Fire Chief Anthony Hutton did not present a formal report and no questions were asked of him.

Police Chief Wayne Baumgart did not present a formal report. Responding to Councilman Powell, Chief Baumgart advised that there were no Police Department concerns at the Strawberry Festival. Chief Hutton noted that the Fire Department had units available at Lakeland Community College during the festival.

Service Administrator Carm Catania noted that signs have been placed as a result of legislation passed last month prohibiting commercial motor vehicles on some additional streets in the City. With regard to a question raised at the last Council meeting concerning some dead trees, Mr. Catania stated that it is not the City’s policy to remove trees for residents, and he noted that it may take longer to address exterior maintenance code violations when the property is in foreclosure.

Councilman Skrbis inquired about the problem discussed at the last Council meeting concerning a resident’s ditch on Hillcrest. Mr. Catania advised that approximately one year ago the Service Department installed some pipe in front of the resident’s property to eliminate some of the ditch and enable the resident to get to her mailbox. Noting that a small catch basin was also installed, Mr. Catania stated that the catch basin becomes covered in leaves from time to time; and that the property owner has been advised that she needs to remove the leaves from the top of the catch basin to enable the water to flow.

DEPARTMENT REPORTS (continued):

Councilman Skrbis noted that there was a recent meeting of the Kirtland Lakes Estates Homeowners’ Association, and that a question arose concerning Geauga County crews using the subdivision entrance as a turn-around, causing wear and tear on the road. Mr. Catania stated that the Geauga County vehicles turn around on Thwing Road at the entrance to Kirtland Lakes, rather than turning around on Route 6, for safety reasons. Mr. Catania noted that the Service Department performed some pavement repair last week in that area. Noting that Kirtland Lakes is not planned for resurfacing, Mr. Catania stated that he will check on the status of the pavement repairs.

Responding to Councilman Skrbis, Mr. Catania advised that he plans to rent the equipment needed to clean the easement ditches in August.

Councilman Davidson thanked Mr. Catania for enforcement of the exterior maintenance code with regard to the property south of the cemetery.

City Engineer Philip Kiefer stated that as part of the Stormwater Management program, the public must be educated; he noted that Council members were provided with a brochure that is being made available to the public regarding rain gardens. Mr. Kiefer noted that rain gardens are essentially retention basins that can be placed on a single lot and can be nicely landscaped. Mr. Kiefer noted that rain gardens may be a solution for some drainage problems.

Finance Director Keith Martinet did not present a formal report and no questions were asked of him.

Law Director Daniel Richards did not present a formal report and no questions were asked of him.

MAYOR’S REPORT/ANNOUNCEMENTS:

Mayor Mark Tyler extended condolences from the entire administration to the Brettrager family in the loss of Royal’s father-in-law.

Mayor Tyler noted that the Lake County Commissioners will hold a public hearing at 6:00 p.m. tomorrow evening in Council Chambers with regard to the sewer project.

The Mayor noted that the Strawberry Festival, held at Lakeland Community College, was a success.

With regard to discussion at the last Council meeting regarding the property at the intersection of Chillicothe Road and Charlesderry Road, Mayor Tyler advised that the property owner passed away and that the son is aware that there are back taxes owed; and the City has advised him that the tree needs to be removed.

With regard to the survey sent to Kirtland residents concerning the recycling program, Mayor Tyler stated that the results are being tabulated and will be reported to Council soon.

STANDING COMMITTEE REPORTS:

Councilman Powell inquired about the status of the commendations for student achievements. Mayor Tyler stated that he will contact Councilman Brettrager.

CORRESPONDENCE:

Council President Pro Tempore Powell reported on the following:

1. Notice of regional meetings on June 23, 2008 and July 17, 2008 of the Ohio State Transportation priority task force.
2. Brochure from Chagrin River Watershed Partners with regard to rain gardens.

PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA:

George Gore, 11123 Woodlake Drive, stated that one week ago there was a tremendous storm and that two huge trees fell across Woodlake Drive, making it impassable. Mr. Gore stated that he called the Police Dispatcher, who advised that she would notify the Fire Department and send out a road crew. Mr. Gore stated that in less than 15 minutes, the road crew arrived, and approximately 20 minutes later they had the road cleared. Mr. Gore commended the Service Department and the Police Department for their prompt attention in making the road passable.

Tony Discenza of Waste Management stated that he has worked with Chris LeGros of CT Consultants on several other community projects, noting that he plans to contact her with regard to the City’s needs. Mr. Discenza stated that the City of Mentor has elected to provide subscription recycling, subsidized by the City, noting that the number of subscribers is approximately 25 percent. Noting that Kirtland has several options, Mr. Discenza stressed the benefits of mandated recycling and stated that Waste Management can help advertise and promote recycling. Mr. Discenza stated that standard 18 gallon bins can be used for recycling; he noted that 36 and 64 gallon carts are also available.

Mr. Discenza stated that Lake County’s flow control directs that all trash generated in the County goes to the Lake County Landfill. Mr. Discenza noted that by redirecting that volume to Waste Management’s landfill, it helps the overall viability of the project and will allow other options with regard to recycling, such as recycling for commercial customers.

Mr. Discenza stated that if the City decides to move forward in this regard, Waste Management is interested in participating in the bid process and becoming the City’s provider.

Councilman Webbe noted that there were residents present at the last Council meeting with regard to the proposed outdoor lighting ordinance. Mr. Webbe stated that although he is in favor of providing some type of lighting ordinance, he does not believe the proposed ordinance properly addresses the City’s needs. Mr. Webbe stated that he followed up on the concerns expressed by the residents that spoke at the last meeting. Mr. Webbe noted that he spoke with the neighbor, who indicated that the large light was already on the structure when he purchased the property and that the adjoining wooded property was sold and developed a few years later. Since he spoke with the neighbor, Mr. Webbe stated that the neighbor has turned the light off and replaced it with a smaller light and has indicated he will only use the large light for special occasions.

Mr. Webbe stated his concerns about the proposed lighting ordinance, noting that lighting for churches, schools and businesses will also need to be addressed. Mr. Webbe stated that the lighting ordinance should not be based on neighbor disputes.

OLD BUSINESS:

ORDINANCE NO. 08-O-13 - (Council President Umholtz) (Third Reading) - AN ORDINANCE ESTABLISHING SECTION 1284.07 OF THE CODIFIED ORDINANCES OF THE CITY OF KIRTLAND, RELATING TO THE REGULATION OF OUTDOOR LIGHTING IN ALL DISTRICTS.

Read by title only. Council President Pro Tempore stated that since the last Council meeting, the ordinance was discussed by the Planning and Zoning Commission, and that the Commission has recommended amendments to Section 1284.07(d) 3 and 4, pertaining to exceptions. It was noted that a copy of the ordinance was provided to Council members with the recommended amendments highlighted in red.

Councilman Skrbis expressed concern about amending and/or adopting this ordinance, since there are two Council members absent. Discussion ensued in this regard. Councilman Powell noted that the outdoor lighting ordinance is based on the need for regulations, especially with potential development as a result of the installation of sewers in the downtown area. Mr. Kirek moved to amend the ordinance as recommended by the Planning and Zoning Commission, with the second by Mr. Skrbis. Upon further discussion, Mr. Kirek withdrew his motion to amend and Mr. Skrbis allowed for withdrawal of the motion.

Mr. Skrbis moved to table the legislation, with the second by Mr. Webbe. ROLL CALL: MOTION CARRIED 5/0 (VOTING YEA: WEBBE, DAVIDSON, KIREK, POWELL AND SKRBIS. VOTING NAY: NONE). The legislation is tabled.

RESOLUTION NO. 08-R-14 - (Mayor Tyler) (Second Reading) - A RESOLUTION ADOPTING A TAX BUDGET FOR FISCAL YEAR 2009.

Read by title only and placed on Second Reading.

ORDINANCE NO. 08-O-15 - (Council President Umholtz) (Second Reading) - AN ORDINANCE AMENDING CODIFIED ORDINANCE SECTION 220.25 RELATING TO PUBLIC NOTICE OF COUNCIL ACTION.

Read by title only and placed on Second Reading.

NEW BUSINESS:

ORDINANCE NO. 08-O-16 - (Mayor Tyler) - AN ORDINANCE AMENDING SECTION 1610.01 OF THE CODIFIED ORDINANCES OF THE CITY OF KIRTLAND RELATING TO ADOPTION OF THE OHIO FIRE CODE (OFC), AND DECLARING AN EMERGENCY.

Read by title only. Fire Chief Hutton stated that in 1998, the City adopted the 1998 Fire Code; he noted that this ordinance will provide for the City’s adoption of the Ohio Fire Code as adopted and as amended from time to time, to assure that the most current version is adopted by the City.

Mr. Webbe moved to waive the three readings, with the second by Mr. Davidson. ROLL CALL: MOTION CARRIED 5/0 (VOTING YEA: WEBBE, DAVIDSON, KIREK, POWELL AND SKRBIS. VOTING NAY: NONE). Mr. Davidson moved to declare an emergency and adopt, with the second by Mr. Webbe. ROLL CALL: ADOPTED 5/0 (VOTING YEA: WEBBE, DAVIDSON, KIREK, POWELL AND SKRBIS. VOTING NAY: NONE).

NEW BUSINESS (continued):

ORDINANCE NO. 08-O-17 - (Mayor Tyler) - AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $640,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF ENGINEERING AND DESIGN SERVICES RELATED TO THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL SANITARY SEWERAGE SYSTEM BEING UNDERTAKEN IN COOPERATION WITH LAKE COUNTY, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 08-O-18 - (Mayor Tyler) - AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $400,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING THE INTERSECTION OF CHILLICOTHE ROAD (SR 306) AND CHARDON ROAD (US 6) BY WIDENING, GRADING, DRAINING, CURBING, PAVING, CONSTRUCTING TURN LANES, STORM SEWERS AND STORM WATER FACILITIES AND INSTALLING SIGNAGE AND TRAFFIC SIGNALIZATION, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 08-O-19 - (Mayor Tyler) - AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $300,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF ACQUIRING MOTOR VEHICLES, EQUIPMENT AND APPARATUS FOR USE BY THE CITY’S FIRE AND SERVICE DEPARTMENTS, AND DECLARING AN EMERGENCY.

NEW BUSINESS (continued):

ORDINANCE NO. 08-O-20 - (Mayor Tyler) - AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $160,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING THE INTERSECTION OF CHARDON ROAD (US 6) AND SPERRY ROAD BY GRADING, DRAINING, PAVING, CONSTRUCTING STORM SEWERS AND STORM WATER FACILITIES AND INSTALLING SIGNAGE, AND DECLARING AN EMERGENCY.

ORDINANCE NO. 08-O-21 - (Mayor Tyler) - AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $125,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF ACQUIRING MOTOR VEHICLES, INCLUDING RELATED EQUIPMENT AND APPARATUS, FOR USE BY THE CITY’S SERVICE DEPARTMENT, AND DECLARING AN EMERGENCY.

Read by title only. Finance Director Martinet advised that prior to the Council meeting, he signed and presented to the Clerk of Council the Fiscal Officer’s Certificate for this note legislation. Councilman Webbe inquired whether it would be possible to purchase a new plow truck and have it available before winter if this issue is addressed now. Mayor Tyler advised that the City would be in a better position to expedite the purchase of a vehicle if Council chooses to adopt this legislation now. Mr. Catania noted that it may be possible to purchase the vehicle under the current State bid contract, before the costs increase. Mr. Skrbis moved to waive the three readings, with the second by Mr. Davidson. ROLL CALL: MOTION CARRIED: 5/0 (VOTING YEA: WEBBE, DAVIDSON, KIREK, POWELL AND SKRBIS. VOTING NAY: NONE). Mr. Davidson moved to declare an emergency and adopt, with the second by Mr. Kirek. ROLL CALL: ADOPTED 5/0 (VOTING YEA: WEBBE, DAVIDSON, KIREK, POWELL AND SKRBIS. VOTING NAY: NONE).

ORDINANCE NO. 08-O-22 - (Mayor Tyler) - AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $110,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING THE MUNICIPAL SANITARY SEWERAGE SYSTEM BY CONSTRUCTING SANITARY SEWERS, AND DECLARING AN EMERGENCY.

NEW BUSINESS (continued):

ORDINANCE NO. 08-O-23 - (Mayor Tyler) - AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $75,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING CHILLICOTHE ROAD (SR 306) BY WIDENING, GRADING, DRAINING, CURBING, PAVING, CONSTRUCTING TURN LANES, STORM SEWERS AND STORM WATER FACILITIES AND INSTALLING SIGNAGE AND TRAFFIC SIGNALIZATION, AND DECLARING AN EMERGENCY.

RESOLUTION NO. 08-R-24 - (Mayor Tyler) - A RESOLUTION DECLARING IT NECESSARY TO LEVY A REPLACEMENT OF AN EXISTING 2.8 MILL TAX LEVY, FOR A CONTINUING PERIOD OF TIME, FOR THE PURPOSES OF PROVIDING AND MAINTAINING FIRE APPARATUS, APPLIANCES, BUILDINGS, OR SITES THEREFOR, OR THE PAYMENT OF PERMANENT OR PART-TIME FIREFIGHTERS, AND ALL THOSE OTHER PURPOSES THAT ARE SPECIFIED AND AUTHORIZED WITHIN SECTION 5705.19(I) OF THE REVISED CODE AND REQUESTING THE LAKE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY AND THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED BY THE LEVY, AND DECLARING AN EMERGENCY.

Read by title only. Councilman Powell inquired whether this is the same language that was in the original 1992 levy. Mayor Tyler advised that he will confirm that. The legislation was placed on First Reading.

RESOLUTION NO. 08-R-25 - (Mayor Tyler) - A RESOLUTION PURSUANT TO SECTIONS 5705.03(B), 5705.19, 5705.191 AND 5705.192 OF THE OHIO REVISED CODE SUBMITTING TO THE ELECTORS OF THE CITY A QUESTION OF PROVIDING FOR A REPLACEMENT OF AN EXISTING 2.8 MILL TAX LEVY, IN EXCESS OF THE TEN MILL LIMITATION, FOR A CONTINUING PERIOD OF TIME, FOR THE PURPOSES OF PROVIDING AND MAINTAINING FIRE APPARATUS, APPLIANCES, BUILDINGS, OR SITES THEREFOR, OR THE PAYMENT OF PERMANENT OR PART-TIME FIREFIGHTERS, AND ALL THOSE OTHER PURPOSES THAT ARE SPECIFIED AND AUTHORIZED WITHIN SECTION 5705.19(I) OF THE REVISED CODE, AND DECLARING AN EMERGENCY.

Read by title only and placed on First Reading.

* * * * *

CONTINUING CONCERNS:

None.

COUNCIL COMMENTS:

None.

PUBLIC COMMENTS:

None.

ADJOURNMENT:

Mr. Webbe moved to adjourn, with the second by Mr. Kirek. The motion of Council passed by unanimous vote. The time was 7:59 p.m.

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President of Council

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Clerk of Council