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MINUTES OF THE REGULAR MEETING COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, March 19, 2007. We have in attendance with us this evening: Mayor Cicchinelli, Auditor Hamit, Law Director Stergios and Community Development Aaby. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: Tim Bryan, Kathy Catazaro-Perry, Jayne Ferrero, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILMAN TOWNSEND – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN TOWNSEND – Chairman of the Rules, Courts and Civil Service Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (THEY ARE) Are there any additions or corrections to the minutes. If not the minutes stand approved as written. 5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA JENNIFER HORNER – I live at 1716 16th Street SE, Massillon. I had an opportunity to rent out one of the new homes that’s up there and it’s very nice and I love it and its very well structure built. If anyone would like to see it they can come at 1716 16th Street. PASTOR HYE – 629 Young Street SE. I certainly support the statement of my niece as well. I encouraged her when I first came to Massillon. I think the homes are very nice and I think the folks that live in there now echo how nice they are. So I encourage each and everyone to please keep supporting what is going on with the homes. Thank you. RAYMOND WEYGANDT – I also live at 1023 14th Street SE, new Massillon Homes. I’ve very glad and proud to have the opportunity to live in that neighborhood under my circumstances. I think the City of Massillon and the people involved should be commended for helping people that are in situations sometimes that they’re not expected to be in. I look forward to more residents moving into our area. Thank you very much. WILL DENT – I live in Canton, Ohio. I’m with ABCD; we’re one of the non-profit co-sponsors in these homes. Just want to say that we have worked with NRP and others with the City of Massillon to ensure that all the issues and concerns that were raised by residents have been addressed. Every complaint that I know of that’s been received has been addressed and corrected and we’re here to serve the people and to make sure that these houses will be a great benefit to the residents of the area. GRADY APPLETON – I’m from Akron, Ohio, with East Akron Neighborhood Development Corporation. We’re also one of the non-profit developers in this project; we’re project managers as well. I’m proud to say that substantial majority of the residents live in these homes come from the City of Massillon. We really look forward to developing Phase II of this project and we earn your support. Thank you. KEN ALCALT – I’m with the NRP Group; 5309 Transportation Boulevard in Cleveland, Ohio. I work for the company that is also co-developer and we’re the general contractor for these homes. I just want to remind everyone that our issue that’s on the agenda for tonight was unanimously approved by Planning Commission. We had a I’m also on the Planning Commission agenda last week for those of us who weren’t here some of the actual citizens that were in opposition for what we are doing out at Ballinger Estates stood up and have very complimentary things to say about the homes and about their concerns. I think again we’ve addressed all the concerns and I think as you can tell tonight there’s a lot of support for what we’re trying to do. I would respectfully request given the support that the reading tonight be declared an emergency and would request that a vote be taken if that’s at all possible. Thank you. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS COUNCIL PRESIDENT GAMBER Mr. Mang, these folks on here for Ordinance No. 31 which will come up later in our meeting if you’d like I’ll entertain a request to move that forward. COUNCILMAN MANG I request that we bring Ordinance No. 31 – 2007 to be the first thing on our agenda for this evening. COUNCIL PRESIDENT GAMBER Are there any objection to moving that forward? ORDINANCE NO. 31 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Accepting final plat and dedication of various streets for Ballinger Estates Phase II. COUNCILMAN MANG I would thank the individuals who took the time this evening to come out. Members of council, the reason this piece of legislation was given the second reading and understandably city council can not stop this piece of legislation. But we had heard early on after council had refused to support building of additional homes last year and then it was recognized that they had enough points to proceed and they were granted the opportunity to build these units. We heard a number of people from that area that claimed pretty bitterly about their voices were not being heard. We had many members of this body attended meetings with a group of people over there twice maybe three times and they expressed their dissatisfaction with the way the homes were sitting on the lots. The fact that the lots were narrow and the homes were narrow and people didn’t really at that point were not really happy with the situation. So when this piece of legislation came before my committee I felt that I wanted to make certain that the people in that area had that opportunity to come back down here to council to express what their wishes were. Since they had told us before that they were not happy that they were not being heard I felt that it was only fair that I give this piece of legislation at least two readings so the people in that community would have the opportunity to come and speak. Tonight you’ve come and you told this body that you wish for this to proceed. So I will request Mr. Townsend for his remarks. COUNCILMAN TOWNSEND – Thank you, Councilman Mang. Well almost a year ago today NRP approached council regarding the phase II of Massillon Homes. When they approach council in my opinion they approached council with inaccurate information. They presented a photo of the homes that were built and that were going to be built and actually wasn’t a true reflection of the homes that were already in the southeast area that Massillon Phase I. Then a gentleman from NRP group told council that this housing development would not be accepting Section 8 vouchers which we have nothing against Section 8 vouchers but we just wanted to know if the program would be accepting them or not. But since then I want to commend Will Dent from ABCD because out of all of this he has been the only person in my opinion that has been truthful in regards to these homes. Mr. Dent did meet with a couple neighborhood associations. Mr. Dent did tell us the truth, yes, these homes will accept Section 8 vouchers however, if people are not following the rules and policies that governs this housing development that of course you know these individuals will be evicted. Since then people in my ward have felt that Mr. Dent has been straightforward. They also appreciate the fact that people from the NRP group did say that instead of building the 30 – 45 additional homes in one particular area that they were just going to build 14 and the remaining homes will be scattered throughout the ward four area. So because of the good gesture by Mr. Will Dent and NRP I will be voting yes on this 31. COUNCILMAN BRYAN Councilman Townsend, you and I have been through that process. We attended those three meetings in your ward (Yes) and talked to I’ve talked to all the neighbors up there that voiced objections. I think council rightly a year ago did not give its support to this project because the question before council was “does the community support it” and clearly the community did not. But now you’re telling me that there’s been additional meetings this must have been within the last week? COUNCILMAN TOWNSEND – Not additional meetings last year around last summer Mr. Dent attended some neighborhood association meetings and during those meetings people still raised those concerns. Let me make something clear the people in the area were not against the 30 additional homes they wanted to see how the first 50 would fare before you know I guess before the 30 were constructed. But going back to Mr. Dent he did address some concerns some of the concerns were that “will they be having bad neighbors” people who will not keep up their yards things like that. I know first hand that one of the first complaints that was given to Mr. Dent on 16th Street SE he took care of it and many more complaints after that. So as time went on because of the mystery to Massillon Phase II was pretty much no more that it didn’t turn out the way that we thought because of the promises I believe and because that ABCD understood the concerns of the people and understood the importance of having good neighbors they had strict policies and rules. Last night I spoke with a young lady who actually lives in one of the homes and what she told me what she said I really appreciated what she said. She appreciated the fact than number 1, I did listen to the people in the community and that I did address their concerns relative to Massillon Homes Phase II. But she also stated that if it wasn’t for this development she would not be a homeowner. I did go around to some of the residents homes and took tours of the homes and just talking with the people and talking with Mr. Will Dent and seeing what he has been doing in the community. I think over time the development has gained more of an acceptance in the neighborhood compared to last year. Mainly that was just because of mystery. We didn’t know anything about these homes many residents have contacted me and they were unaware about Massillon Home Phase I. So here we have 50 homes that are being built they’re unaware about the additional 30 to 45 homes and they had concerns that they felt that the people were not listening to their concerns. As I stated earlier out of all of that chaos I have to give credit to Mr. Dent because he did come down to the area, he did meet with the people and addressed and is addressing their concerns. That’s what they really wanted, they wanted people to listen to what they had to say and they had legitimate concerns contrary to old beliefs that the concerns were not legitimate they were legitimate. You know ABCD understood so from that point on things were addressed and in my opinion I think the community is more accepting because things are being taken care of. There are still some problems but these problems can occur in anybody’s neighborhood. But I can say one thing that the problems that have been identified are being addressed. COUNCILMAN BRYAN Well, Mr. Townsend, I’ll support the measure then on your recommendation. I know that I talked to quite a few neighbors up there who didn’t want Phase II to go through. They’re not here tonight (right) so because they’re not here and because you’re telling me that they are now more willing to go along with Phase II I’ll support this measure tonight which in fact is really just about the size of the lots more than anything else. I thank you for taking the extra time and trouble to thoroughly go through this whole process. Thank you. COUNCILMAN MAIERS Yes, I would like to just put a comment out. I would hope that the developers would try to use as much Massillon labor as possible and Massillon workers as possible. I will support this legislation because of what Mr. Townsend has come up. Thank you. COUNCILMAN MANSON I’m sorry I wasn’t here last week. But I did hear that there was some legal issues or whatever that were discussed and I guess they were discussed with our law director and I just asked him if there’s anything that he wanted to comment on and if you feel you don’t want to comment fine. COUNCIL PRESIDENT GAMBER Are you calling him forward? COUNCILMAN MANSON Yes, if there’s… LAW DIRECTOR STERGIOS – I guess my only comment would be is this is merely an acceptance of a street dedication as far as you all are concerned. The Planning Commission approved the lots, they meet the zoning, they meet the size requirements, I’m assuming the fire department and engineering and everybody are all satisfied with the layouts. So this is an administrative issue its not but in light of what I’ve heard it’s not relevant anyhow I think its going to pass. But you know we’re accepting a street dedication is our that’s all I have. COUNCILMAN BRYAN It’s a plat I thought a final plat is what we’re dealing with in this ordinance. Which one are we dealing with now? COUNCIL PRESIDENT GAMBER Both things. COUNCILMAN BRYAN The plat and the street dedication, okay, thank you. LAW DIRECTOR STERGIOS – Correct. COUNCIL PRESIDENT GAMBER Speaking for the law director, I’m sorry. LAW DIRECTOR STERGIOS – No, that’s alright. I mean technically that’s correct, but as to the plat we don’t have any valid reason to deny accepting the plat, the street dedication is what we if it wasn’t for the street dedication we would haven’t to even act on this as council because we’re accepting the streets being dedicated as public streets. But 99.9% of our plats have a dedication of right-of-way or easements and so forth. So that’s why they end up here technically. So… COUNCIL PRESIDENT GAMBER Mr. Bryan, Section 1 says “request is to plat 14 new residential lots and includes the extension of 15th Street, Ballinger Avenue and additional right-of-way for 16th Street”. Are there any other questions? COUNCILMAN MANG Mr. Law Director, sir? The only reason then for this to come to this body the fact that it doesn’t matter rather we say yes or no? LAW DIRECTOR STERGIOS – Well, if you say no; I don’t want to get into the debate, but if you say no I think you don’t have any valid reason to say no. Because it has met everything the Planning Commission requires of it from a design stand point. If it was not dedicating streets it wouldn’t even have to come to council, but… COUNCILMAN MANG So the purpose for it to come is the dedicated street. LAW DIRECTOR STERGIOS – And or right-of-way or yes generally yes, that’s correct. COUNCILMAN MANG So really I think it’s probably piece of legislation that comes here that causes us very many headaches of things that we really have little or no control over because that has already been accomplished. We’re just looking at accepting the streets to be dedicated. So the rights and wrongs end up at this body but in fact that’s already been discussed and dealt with we’ll say by the Planning Commission. So for all intent and purposes you could get bouquets or you could get eggs. So tonight let’s just go with the bouquets. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 31 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 36 2007 BY: PARKS AND RECREATION COMMITTEE Authorizing the Director of Public Service and Safety to advertise for and receive sealed bids and enter into contract with the highest and best bidder for the operation of the concession stands at the Genshaft and Community Parks. COUNCILMAN BRYAN The Park & Rec. Department does not operate these concession stands instead each I believe each year it goes out and receives sealed bids for their operation. The Park & Rec. Director tells me he expects to get three different bids. So there should be some competition for operating these concession mainly at Genshaft Park. So I have no reason at all not to try to get this approved tonight so that they can go ahead and be ready when the softball season begins. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 36 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 37 2007 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY Accepting the replatting of Lots 3420 and 3422, located on the west side of 16th Street SE, just south of Walnut Road, and in addition the plat includes a small amount of right-of-way dedication for 16th Street SE along both lots 3420 and 3422. COUNCILMAN PETERS Yes, this replatting and dedication was approved by the Planning Commission meeting held on January 10th 2007. Being known as Lots 3420 and 3422 located on the west side of 16th Street SE just south of Walnut Road. The plat splits Lot 3420 in half to form two new lots in addition the plat includes a small amount of right-of-way dedication for 16th Street SE along both Lots 3420 and 3422. The applicant is Massillon Homes LLC. If there aren’t any questions I’m going to move forward with this for passage tonight. COUNCILMAN BRYAN I just wonder about we have a map and it shows these right-of-ways that are being dedicated the additional 5 feet on 3420 and 3422. There’s a couple of lots in between them and I just wondered why we’re not dedicating that right-of-way as well. COUNCILMAN PETERS Well, perhaps we can bring Mr. Aane Aaby up and ask him. COMMUNITY DEVELOPMENT DIRECTOR AABY – The request before the Planning Commission was just for the lots in question that were part of the Massillon Homes project. So when that plat went through the right-of-way dedication was requested by the engineering department at that time. So that was why the request was just limited to the plat that had been submitted. COUNCILMAN BRYAN So this lot in between is not Massillon Homes; its Evergreen Homes it says right here. COMMUNITY DEVELOPMENT DIRECTOR AABY – Yeah, I think so. Yes. COUNCIL PRESIDENT GAMBER Aane, if you could explain there’s been a change in the way the county recognizes right-of-way or we’re picking this up as we replat lots. Is that correct? COMMUNITY DEVELOPMENT DIRECTOR AABY – Yes and a lot of times and prior years or decades that property lines often when to the center line of a road in the older neighborhoods. Then as these areas redeveloped and they might get replatted or properties recombined the engineer’s office has been trying to clean up some of this by having the actual road then become dedicated as right-of-way rather than part of the person’s property line. COUNCIL PRESIDENT GAMBER So if those other lots ever would come up for consideration the same little bit of easement would be dedicated. Any other questions? Thank you, Mr. Aaby. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 37 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 38 2007 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY Accepting the replatting of Parts of Out Lots 12, 13, 14; Lots 400 thru 406, 9249, 10888, 10889 and 10956; located on the west side of Tommy Henrich Drive NW, north of Lincoln Way West. COUNCILMAN PETERS This replatting and dedication was approved also by the Planning Commission at the meeting held February 21st, 2007. The property as stated the request is to combine existing lots together to form one new lot approximately 3.347 acres. This plat includes property to be dedicated for the right-of-way existing Tommy Henrich Drive NW as well as needed utility easements. The applicant is the City of Massillon. Are there any questions? COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 38 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 39 2007 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY Authorizing the Director of Service and Safety to advertise for and receive sealed bids with the lowest and best bidder for the Grosvenor/Lincoln Way West Signalization Project. COUNCILMAN PETERS Yes, the ongoing saga of the Grosvenor traffic light which has been going on since 2005. We changed this a little bit at the work session on Monday night. We asked Mr. Stergios to take out some wording that being “to enter into contract” after we got the sealed bids. So we removed that from the ordinance just because we might have to wait until June to see if the money is available right now it isn’t. So if there aren’t any questions or if there are any questions I’ll take them at this time. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 8 yes, 1 no for suspension. Peters voted no. ORDINANCE NO. 39 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 2 NO. MANSON AND PETERS VOTED NO. ORDINANCE NO. 40 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the 1409 Municipal Road Fund, Wastewater Treatment Fund and the 1206 Muni Motor Vehicle License Plate Fun, for the year ending December 31, 2007. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 40 – 2007 has three sections to it. The first section is to appropriate from 1409 Municipal Road Fund $100,000.00 to an account entitled Lincoln West Project. The city engineer isn’t here tonight to find out if this will pay off the project; however, we do owe $100,000.00 still. Section 2, is to appropriate from the unappropriated balance of Wastewater Treatment Fund $24,450.00 to services and contracts. This is to repair an old electrical transformer due to an electrical fire. Section 3, is to appropriate from the unappropriated balance of 1206 Muni Motor Vehicle License Plate Fund $16,000.00 to an account entitled storm sewer repair this is for a storm sewer repair on Keuper Boulevard and $2,000.00 to an account entitled storm sewer repair for 32nd Street storm sewer repair. If there are no questions I’m going to move to waive the rule requiring three readings. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 40 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE TO WET-ONE INC DBA WEST END TAVERN 1407 TREMONT AVE SW 1ST FL & BSMT MASSILLON OHIO 44647 COUNCIL PRESIDENT GAMBER Mr. Peters, that’s in your ward do you have that paperwork? (Yes, I do.) Are you familiar with where this place is? (Briefly, yes.) 9. BILLS, ACCOUNTS AND CLAIMS 1. INDEPENDENT – $438.00 COUNCILWOMAN CATAZARO-PERRY I move that we pay the bill, seconded by Councilman Bryan. Roll call vote of 9 yes to pay the bill. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR FEBRUARY 2007. COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committee meetings will be next Monday, March 26th starting at 5:45pm. Does anyone know now that there will be anyone in attendance for special speakers or programs? 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 29 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Director of Public Service and Safety to enter into a purchase for the sale of the Armory property to the Massillon City Board of Education. COUNCILMAN MANG Second reading. ORDINANCE NO. 29 – 2007 WAS GIVEN SECOND READING. ORDINANCE NO. 30 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Director of Public Service and Safety to enter into an agreement with the Massillon City Board of Education. COUNCILMAN MANG Second reading. ORDINANCE NO. 30 – 2007 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCIL PRESIDENT GAMBER Before I ask for a motion from Councilman Townsend; I would like to ask Councilman Mang, Councilman Townsend and Councilman McCune if we could meet very briefly in the conference room when council is over. COUNCILMAN TOWNSEND I move that we adjourn, seconded by all.
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