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05/16/2022 City Council MinutesAPPROVEDAS SUBMITTED FAIRLAWN CITY COUNCIL REGULAR MEETING MAY 16,2022 ITEM 1: CALL TO ORDER President Russell Sharnslry called the meeting to order at 6:30 p.m. ITEM 2: PLEDGE OF ALLEGIANCE Mr. Sharnsky: Before we begin our meeting tonight, I'd just like to take a moment. I was informed today that we've lost a long-term member of our Council who has been away, I think, for about 15 years now, but served for a long time on City Council as a Councilperson and also as Council President. Jim Swartz; he passed away yesterday, and I just wanted to remember him and his service to the City. ITEM 3: ROLL CALL Present: ivlayor Rotlr; Mr. Russell T. Sharnsky Mr. Joseph Gentile; Mrs. Barbara Potts; Mr. Todd Stock; Mr. Philip Brillhart; Mr. Michael Detorakis; and Mrs. Kathleen Baum. Also present: R. Bryan Nace, Director of Law; Police Chief Terry Wisener, Police Division; Fire Chief Rich Dobson, Division of Fire and Emergency Rescue Services; Bill Arnold, Commissioner of ZoninglHousing and Residential Chief Building Official; Nick Spagnuolo, City Engineer; Ernie Staten, Director of Public Service; Mark Ludwig, Director of Finance; Jacob Kaufman, Tax Administrator/Assistant Director of Finance; Laurie Beisecker, Director of Parks and Recreation; Laura George, Executive Assistant to the Mayor; and Tonja Caldwell, Clerk of Council. Mr. Sharnsky: We do have a quonrm present. There are revised agendas in the back of the room if anyone would like to follow along with us. At this time, could you please check to see that your cell phones are placed on silent mode? ITEM 4: APPROVAL OF MEETING MINUTES Mr. Sharnslcy: Our first item of business is the approval of our regular meeting minutes from May 2,2022. I believe all of Council has received a copy in draft format. Are there any corrections or additions to the meeting minutes as they were presented? [There was no response.] Hearing none, will the Clerk please call the roll for approval of the May 2, 2022,regtlar meeting minutes as submitted? Mrs. Caldwell: VOTE ON THE APPROVAL OF THE MINUTES OF MAY 2,20222 Brillhart, yea; Detorakis, yea; Baum, yea; Sharnsky, yea; Gentile, yea; Potts, yea; Stock, yea. Seven yea on the approval of the lU'lay 212022 meeting minutes. ITEM 5: RECEIVING PETITIONS. CLAIMS. AND COMMUMCATIONS Mr. Shirrnsky: Have we received any petitions, claims, or communications since our last meeting? Mrs. Caldwell: We received the Mayor's Court monthly report, and then a petition, which I'll read. "We petition the Council in opposition to the construction of sidewalks on Dowling Drive from Brunsdorph Road to Trunko Road. We are opposed to being assessed for the construction of sidewalks as provided by Fairlawn Code Section 1020.07 . We are owners of properties bounding and abutting the proposed sidewalk construction on Dowling Drive as the proposed improvement was described in a prior petition submitted to Council requesting sidewalks be constructed with signatures from three properties. Page 1 of15 Fairlawn City Council lN{ay 16,2022 APPROVEDAS SUBMITTED Mr. Sharnsky: Thank you. We'll now move on to our Report of City Officials and Boards. We'll have our reports from the Administration. As usual, we'll begin with Mayor Roth. ITEM 6: REPORT OF CITY OFFICIALS AND BOARDS MAYOR'S REPORT. MAYOR ROTII Mayor Roth: Good evening, Mr. President, Council, Cabinet, and those in the audience tonight. A few things to report on. First, as I indicated previously, we are still negotiating with Summit County as far as the construction of the level four data center and the fiber ring throughout the County. The negotiations are going very well. I'm hopeful that atthe first meeting in June, we'll introduce legislation for a first reading. It will not be emergency legislation, so we'll have some time to discuss it, but that's a big step forward for our area. Second, on May 30ft at 10:00 AM is the Memorial Day service. We'll be honoring our veterans and also the Police and Fire. That will be over in Bicentennial Park as it normally is, and that's at 10:00 in the morning. Everyone here is encouraged to attend, and you can spread the word. I think it's important that we take time to recognize the services of the people who have served our Country. As we all know, freedom is not cheap. Just ask any Ukrainian right now what they're going through with basically the modern Hitler coming out of Russia. So again, freedom is fragile and must be defended. I think it's important that we take this time to acknowledge the people who have served our Country and also keep our society safe. Last but not least, on May 31't, Mr. Staten and myself will be traveling to Columbus to meet with our State legislators. Several of them have meetings set up to discuss issues such as broadband, but also the House Bill which is talking about trying to remove our home rule powers to control bed and breakfasts. I think Council is well aware of this, and again, we're trying to meet with our legislators to explain our positions, and hopefully, they will listen. Other than that, I'll comment on legislation as needed. Thank you. Mr. Sharnslqy: Mayor, did I read in the paper the other day that that has passed? Mr. Nace: It was voted out of Committee the other day, so it will be before the entire House. Mr. Sharnslry: Okay, they weren't clear about that in the paper. Mayor Roth: They inhoduce bills, they assign them to committees, and then they're either voted in or voted out. This one was voted out, so it can proceed down. If it gets anywhere, it still has to obtain enough traction to be offered in for a vote. Mr. Sharnsky: Are there any questions or comments from members of Council for the Mayor this evening? [There was no response.] Thank you, Mr. Mayor. DEPARTMENT OF LAW. R. BRYAI\ NACE Mr. Nace: Thank you, Mr. President. I have no report this evening. Mr. Sharnsky: Anything further for Mr. Nace this evening? fThere was no response.] Thank you. POLICE DIVISION. POLICE CHIEF TERRY WISENER Chief Wisener: Good evening, Mr. President and members of Council. I have no report this evening. Mr. Sharnslcy: Anything further for Chief Wisener? [There was no response.] Thank you. Page 2 of 15 Fairlawn City Council May 16,2022 APPROVEDAS SUBMITTED DIVISION OF FIRE AI\D EMERGENCY RESCUE SERVICES. FIRE CIIIEF RICH DOBSON Chief Dobson: Good evening, Mr. President and members of Council. I have nothing to report tonight. Mr. Sharnslry: Any questions or comments for Chief Dobson? fThere was no response.] Thank you. BUILDING AI\D ZONING DEPARTMENT. WILLIAM ARNOLD Mr. Arnold: Thank you, Mr. President and members of Council. This Thursday, the Board of Zoningand Appeals will meet at 6:30 PM in this room. There are two items on the agenda for that. Next Monday, the 23'd, our Department will begin the neighborhood inspection progftrm, so we'll be out bright and early the following week. That concludes my report. Mr. Sharnslry: Anything further for Mr. Arnold? fThere was no response.] Thank you. DEPARTMENT OF ENGINEERING. NICK SPAGNUOLO Mr. Spagnuolo: Thank you, Mr. President and members of Council. I will yield to the Service Director. Mr. Sharnsky: As usual. Mr. Staten? Mr. Staten: Out of Engineering, we have that Franz, Falmouth, and Mackinaw were all completed last week with the mill and resurface. It was all done in one day. The residents weren't out of their houses or anything like that. The LRC parking lot was also completed on Friday, and Rosemont Boulevard was opened today after the crosswalk had cured. All of our closings are now back open with the exception of Miller Road. We still have one lane closed during the day to repair manholes. Mr. Sharnslqy: Rosemont was opened earlier, wasn't it? We expected, what, ten days? Mr. Staten: It was supposed to be open on Wednesday, that's right. We opened it early today. Mr. Sharnsky: It looks beautiful. You did a beautiful job. I do have a question about Cleveland-Massillon Road. Is there still more landscaping that's going to be done? Mr. Staten: Yes. We have quite a bit more landscaping that will be done. There are a few punch list items that need to be completed. Landscaping up by the expressway, some of it didn't make it, so ttrat will have to be replaced. But yes, there's quite a bit of landscaping still. Topsoil and seed are needed for the project. Mr. Sharnslry: Any other questions for Mr. Staten on the City Engineer's report? [There was no response.] Thank you. Would you like to continue with the Service Director's report, please? DEPARTMENT OF PI]BLIC SERVICE. ERNEST STATEN Mr. Staten: This Saturday is Beautification Day. We ask that all residents have their items out at the curb by 7:00 AM. It will be the regular process like we've done every year. The Mayor always says to make sure refrigerator doors are ofi so please, that's pretty important that those would be off and to the side. Shredding day is June 4ft, so since we don't have a Council meeting between now and then, I figure we better let everyone know. All Summit County residents can come to the Service Departrnent. We do the project in conjunction with ReWorks. It's always been very successful. 500-600 cars come through in a three-hour span. It's from 9:00 AM to 12:00 PM on Saturday, June 4ft. Page 3 of 15 Fairlawn City Council May 16,2022 APPROVEDAS SUBMITTED The tennis courts at Griffiths Park are under repair. One set of tennis courts. Hopefully, if the weather straightens up, it will be completed this week. By the looks of the rain, it will probably go into next week. The last item is the RFPs for Summit County to work with them on a data center and the ring. We opened those today. There are three bidders for each one. We'll start interviews next week with each one of the firms. That concludes Service. Mr. Sharnsky: Questions or comments for Mr. Staten on the Service Director's report? [There was no response.] Thank you. DEPARTMENT OF FINAI\CE. MARK LI]DWIG Mr. Ludwig: Good evening, Mr. President, if it please Council. I just want to join with the esteemed Chiefs and the Law Director in saying I have no report. Mr. Sharnslry: Anything further for Mr. Ludwig this evening? fThere was no response.] Thank you. DEPARTMENT OF FINANCE. JACOB KAUT'MAN Mr. Kaufman: Thank you, Mr. President and members of Council. I have no report this evening. Mr. Sharnslry: Anything further for Mr. Kaufman? [There was no response.] Thank you. DIVISION OF PARKS AND RECREATION. LAURIE BEISECKER Mrs. Beisecker: Thank you, Mr. President and members of Council. After completing interviews at the Learning Resource Center, and with the blessing of the Mayor and a clear background check, we hired a new Assistant Naturalist, Rebekah Simon. She started last Thursday. If anybody wants to meet her, she'll be down at the LRC. Our first concert will be in two Fridays on June 3'd, and it'll be the Rebeats across the street at Bicentennial Park. That concludes my report. Mr. Sharnslcy: Concerts start at 7:00 PM? Mrs. Beisecker: 7:00 PM to 9:00 PM. Mr. Sharnsky: Anything further for Mrs. Beisecker? [There was no response.] Thank you. That concludes the Report of City OfFrcials. Resolution 2022-037 Offered by Mayor Roth A RESOLUTION ACCEPTING TI{E CITY ENGINEER'S REPORT RELATIVE TO A PETITION FOR SIDEWALKS ON DOWLING DRIVE FROM BRLINSDORPH ROAD TO TRLTNKO ROAD Introduce this into the Committee of the Whole Ordinance 2022-038 Offered by Mayor Roth ANORDINANCEAPPROVINGAMENDMENTS TO THERULESAND REGULATIONS OF THERESIDENTIALHOUSING ASSISTANCE BOARD AS APPROVED BY THE BOARD Introduce this into the Committee of the Whole Page 4 of 15 Fairlawn City Council May 16,2022 APPROVEDAS SUBMITTED Resolution 2022-039 Offered by Mayor Roth ARESOLUTIONFINDING THATTHEREARE SUFFICIENT SIGNATURES REQUESTINGA SIDEWALKONTHE SOUTH SIDE OF ROSEMONT BOULEVARD FROM CLEVELAND-MASSILLON ROAD TO AUGUSTA DRIVE SUBMITTED TO THE CLERK OF COUNCIL AND HEREBY ACCEPTS SAID PETITIONS AND DIRECTS THE CITY ENGINEER TO PREPARE PLANS, SPECIFICATIONS, PROFILES, AND AN ESTIMATE OF THE PROPOSED SIDEWALKS Introduce this into the Committee of the Whole Ordinance 2022-040 Offered by Mayor Roth AN ORDINANCE GRANTTNG A VARTANCE PURSUANT TO SECTTON 1222.0s(A) OF THE CITY OF FAIRLAWN CODIFIED ORDINANCES TO ALLOW THE PLAT OF PHASE I OF THE LINKS SUBDIVISION TO BE AMENDED; AUTHORIZTNG THE EXECUTION THEREOF AND DECLARING AN EMERGENCY Introduce this into the Planning Committee Ordinance 2022-041 Offered by Mayor Roth AN ORDINANCE APPROVING THE PLAT OF PHASE TWO OF TFIE RETREAT SUBDIVISION AND AUTHORIZING EXECUTION THEREOF UPON COMPLIANCE WITH DEVELOPMENT REQUIREMENTS Introduce this into the Planning Committee ITEM 8: PUBLIC HEARINGS Mr. Sharnsky: We have no public hearing scheduled for this evening, so we'll move on to our Committee reports. As usual, we'll begin with the Committee of the Whole. ITEM 9: COMIVTTTEE REPORTS ON I\EW OR PENDING LEGISLATION COMMITTEE OF THE WHOLE CHAIR. RUSSELL SHARNSKY Ordinance 2022-011 Offered by Mayor Roth AN ORDINANCE AMENDING AND/OR SUPPLEMENTING SECTION 1020.06'ROAD AND SIDEWALK PAVING; ASSESSMENT OF BENEFITS," SECTION IO2O.O7'ASSESSMENT OF RESIDENTIAL LANDOWNERS FOR SIDEWALK CONSTRUCTION," AND CREATING SECTION IO2O.O8 'PROCEDURE FOR ASSESSMENT FOR SIDEWALK CONSTRUCTION" OF CHAPTER 1020'PUBLIC IMPROVEMENTS:" TITLE TWO'STREET AND SIDEWALK AREAS;" PART TEN "STREETS, UTILITIES, AND PUBLIC SERVICES CODE" AND SECTION 660.05'DUTY TO KEEP SIDEWALKS IN REPAIR AND CLEAN' AND SECTION 660. 10 *SIDEWALK OBSTRUCTIONS; DAMAGE OR INJURY' OF CHAPTER 660 'SAFETY, SAMTATION AND HEAI PART SIX'GENERAL OFFENSES CODE" OF THE CITY OF FAIRLAWN Ordinance 2022-028 Offered by Mayor Roth AN ORDINANCE AMENDING AND/OR SUPPLEMENTING SECTION 270.01 *SECRETARIES; DUTIES" OF CFIAPTER 270 "BOARDS AND Ordinance 2022-033 Offered by Mayor Roth ANORDINANCEAUTHORIZING THE MAYORTO EXECUTEACOOPERATIVE AGREEMENT BETWEENTHECITY OF FAIRLAWNAND THE CITY OF AKRON CONCERNING MILLER ROAD RESURFACING Expiration Date 07t3U2022 Public Hearing N/A Aooepted 05/02/2022 l't Reading 05/0y2022 2nd Reading 3d Reading Hold Pass Ordinance 2022-036 Offered by Mayor Roth ANORDINANCE CREATING SECTION 672.13 *PERMITTEDCONSUMERUSE OF FIREWORKS; PROHIBITIONS"OF CHAPTER6T2 "WEAPONS AND EXPLOSIVES;" PART SIX .GENERAL OFFENSES CODE,, OF THE CITY OF FAIRLAWN CODIFIED ORDINANCES, AND DECLARING AN Resolution 2022-037 Offered by Mayor Roth A RESOLUTION ACCEPTING THE CITY ENGINEER'S REPORT RELATIVE TO A PETITION FOR SIDEWALKS ON DOWLING DRIVE FROM BRIJNSDORPH ROAD TO TRTJNKO ROAD Expiration Date 08/14D022 Public Hearing N/A Accepted l't Reading 2d Reading 3d Reading Hold Pass Page 5 of l5 Fairlawn City Council May 16,2022 Expiration Date 06t0st2022 Public Hearing N/A Accepted 03/07t2022 ls Reading 03107t2022 2d Reading 03/21/2022 3d Reading 04t04D022 Hold 0411812022 Pass Hold PassExpiration Date 07/t7/2022 Public Hearing N/A Accepted 04/18t2022 ls Reading 04n8/2022 2m Reading 0510212022 3ro Reading ls Reading 05/02/2022 2n Reading 3d Reading Hold PassExpiration Date 07t3t/2022 Public Hearing N/A Accepted 05/02t2022 Expiration Date 08/1412022 Public Hearing N/A Aocepted ls Reading 2m Reading 3ro Reading Hold Pass APPROVEDAS SUBMITTED Ordinance 2022-038 Offered by Mayor Roth AN ORDINANCE APPROVING AMENDMENTS TO TFIE RULES AND REGULATIONS OF THE RESIDENTIAL HOUSING ASSISTANCE BOARD AS Resolution 2022-039 Offered by Mayor RothA RESOLUTION FINDING THAT THERE ARE SUFFICIENT SIGNATIJRES REQUESTING A SIDEWALK ON THE SOUTH SIDE OF ROSEMONT BOULEVARD FROM CLEVELAND.MASSILLON ROAD TO AUGUSTA DRIVE SUBMITTED TO TI{E CLERK OF COUNCIL AND HEREBY ACCEPTS SAID PETITIONS AND DIRECTS THE CITY ENGINEER TO PREPARE PLANS" SPECIFICATIONS, PROFILES, AND AN ESTIMATE OF THE PROPOSED :l * rl r! :t :l :l :l * tr :l :t * * * * * * * * * :l * :l rr * * rr * tr,r :l rr * Mr. Sharnsky: Will the Clerk please read Ordinance 2022-011 by title only as a refresher? Mrs. Caldwell read Ordinance 2022-011 by title only. Mr. Sharnsky: We've had many readings and quite a bit of discussion in our Committee of the Whole. There is a proposed amendment to this Ordinance, which is identified as2022-0114, which was included in everyone's legislative packet. Are there any comments from the Mayor or the Law Director? Mayor Roth: I'll defer to the Law Director. Mr. Nace: The amendment was necessary partly because the effective date we had in there was June 1't. At the time we put that in there, it was a couple of months ago and seemed like a long way off, but obviously we're not going to meet that. In fact, the more I've looked at it, the July l't date that I decided to put in there next is probably not going to work either. We probably should push it to July 31't since I'm assuming Council is going to want some time to look at this and they're not going to pass it tonight. We did make some substitute changes to this legislation, and I would point out that there is an expiration date that needs to be voted on here tonight. You will see in your Exhibit A, I think you have both the red-lined version and a clean copy of it. We made some changes, and the biggest substantive change was one in 1020.07(a),whichphasedinthepercentagesaswediscussedpreviously. That'sthebigsubstantivechangethatyou'll want to take a look at there, and then we made a number of other changes. As Mrs. Caldwell and I went through the procedure, we're trying to make this as clear as possible. Since we're going through it now with a couple of these petitions, we wanted to make sure that in the future the procedure was clear to anybody who was reading it. So, we made a number of other changes, but they are mostly just things to clarif the procedure in the future. It looks like a lot, but it isn't much of significance as far as the substance that's there. I suggest Council take a look atthat and let me know if they have any questions. This is something we've been working on for a while, and I think we're getting it to a point that it's in good shape. I would recommend that Council review it and then we can discuss it again next week to make sure that everybody is comfortable with what's there. In the meantime, I would request that we amend the Ordinance to change the eflective date to July 3l't of 2022. Mr. Sharnsky: So, we can do both at the same time? We can change the expiration date and put the amendment in at the same vote and consider it as part of the amendment, correct? Mr. Nace: Really, they should be two separate votes. The expiration date isn't really an amendment on that. Mr. Sharnsky: We need to handle them separately, okay. Mr. Nace: Yes. You can extend it. Under the rules, it has to be voted out of Committee by that time, unless Council votes to extend that time. You would need to vote to extend that time, and then also vote to amend the Ordinance itself. Mr. Sharnsky: Let's change the expiration date first. I would entertain a motion to extend the expiration date from the current June 5, 2022 date to July 31,2022. Page 6 of 15 Fairlawn City Council May 16,2022 Expiration Date 08/1412022 Public Hearing N/A Accepted I't Reading 2d Reading 3d Reading Hold Pass APPROVED AS SUBMITTED Mr. Sharnslry: Mr. Stock made a MOTION to extend the expiration date; Mr. Detorakis the second. Mr. Sharnsky: Would the Clerk please call the roll on the extension of the expiration date from June 5, 2022,to Jnly 3r,2022? Mrs. Caldwell: VOTE ON EXTENSION OF TIIE DPIRATION DATE FOR ORDINANCE 2022-0llz Detorakis, yea; Baum, yea; SharnsW, yea) Gentile, yea; Potts, yea; Stock, yea; Brillhart, yea. Seven yea on the extension of the expiration date for Ordinance 2022-0ll from June 502022 to July 31,2022. Mr. Sharnslqy: Now let's handle the amendment. Are there any questions from Council regarding the proposed amendment as identified in Ordinance 2022-0114 with the change of the effective date to July 31,2022? Mrs. Potts: My printed copy says July 1$? Mr. Sharnsky: He didn't think July l't was long enough. Mr. Nace: I think we're getting confused. We're talking about the effective date at this point. Mr. Sharnst<y: The effective date, okay. Iom sorrS', so you want to change the effective date to July 31$? Mr. Nace: Right. I want to change it to July 31't so we have time for it to become effective after Council passes this. Mr. Sharnsky: You're amending the amendment? Mr. Nace: Correct. Mr. Sharnsky: I see. He's amending that to July 31't from July 1't. Mrs. Potts: I have July 1't, but I keep hearing you say 31't. Mr. Sharnsky: That's what he wants it changed to. Mr. Nace: Correct. I'm concerned that since we're not going to be voting on this tonight, the effective date would be too short if it was July 1$ because we may not pass it. Mr. Sharnsky: We wouldn't be able to make it effective by July 1't. Mr. Nace: Yes. We'll pass it sometime in June I'm assuming. Mr. Sharnsky: Any other questions from Council? fThere was no response.] Are there any questions from the audience regarding the amendment as identified in Ordinance 2022-0114? [There was no response.] I would entertain a motion to amend Ordinance 2022-011 as amended in Ordinance2022-0114, including the effective date as July 31,2022. Mr. Sharnsky: Mr. Brillhart made a MOTION to amend Ordinance 2022-011; Mr. Gentile the second. Mr. Sharnslry: Will the Clerk please call the roll on the amendment of Ordinance 2022-011 as amended in Ordinance 2022-0rtA? Mrs. Caldwell: VOTE ON THE AMEI\DMENT OF ORDINAI\CE 2022-011 TO ORDINAI\CE 2022'0llA: Baum, yea; Detorakis, yea; Brillhart, yea; Stock, yea; Potts, yea; Gentile, yea; Sharnsky, yea. Seven yea on the amendment of Ordinance2022-011 to Ordinance2022-0l1Awith the effective date of July 3t,2022. Page 7 of 15 Fairlawn City Council May 16,2022 APPROVEDAS SUBMITTED Mr. Sharnsky: Ordinance 2022-011 is hereby amended to Ordinance 2022-0114. Mr. Nace, we need to hold this for further discussion, correct? Mr. Nace: Yes ,! * rl rr rr * rr * :t * * * :l * tr * * * ?t * * * * * * * * * * * * * * * Mr. Sharnslcy: Will the Clerk please read Ordinance2022-028 by title only for the third time? Mrs. Caldwell read Ordinance 2022-028 by title only. Mr. Sharnsky: This is the third reading. We have discussed this in our Committee meetings. Mr. Mayor, any comments? Mayor Roth: As indicated, we discussed this at length at prior Committee meetings. This is a matter of house cleaning and updating an old ordinance. Mr. Sharnsky: If memory serves me correctly, this Ordinance hasn't been amended since 1965. Mr. Nace: That's correct. Mayor Roth: And things have changed. Mr. Nace: They had mimeograph machines when they wrote this. Mr. Sharnsky: I believe so. Are the?e any comments from members of Council? [There was no response.] Hearing none, I would ask the Clerk to please call the roll on Ordinance 2022-028. Mrs. Caldwell: VOTE ON ORDINANCE2022-028: Sharnsky, yea; Gentile, yea; Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea. Seven yea on the passage of Ordinance2022-028. Mr. Sharnsky: Will the Clerk please read Ordinance 2022-033 by title only for the second time? Mrs. Caldwell read Ordinance 2022-033 by title only. Mr. Sharnsky: Comments from the Adminishation, Mayor Roth? Mayor Roth: I'd ask that you continue to hold this in Committee for further discussion. This is only a second reading. Mr. Sharnsky: Comments from members of Council at this time? fThere was no response.] Hearing none, we will hold this in Committee. *** tr*?t** ***r!r!*******rr:lrr,! * *:trt* rt*rt?t?t Mr. Sharnsky: Will the Clerk please read Ordinan ce 2022-036 by title only for the second time? Mrs. Caldwell read Ordinance 2022-036 by title only. Mr. Sharnslry: Mr. Mayor? Mayor Roth: The Law Director would like to discuss this Ordinance. Page 8 of 15 Fairlawn City Council May 16,2022 APPROVED AS SUBMITTED Mr. Nace: As we discussed last week, there were some changes that Council was interested in, so we have submitted a revised draft of the code section to you that changes the times that were in there. You should have that red-lined draft in front of you. We adjusted it so it is from the hours of l1:00 AM to 11:00 PM on all those dates that are specifically listed, except New Year's Eve and New Year's Day dates. That was the amendment. I don't think there's any hurry on this one, but I would recommend that Council pass this prior to July 1't when ttre State law is due to change, so we would have a couple more meetings if Council would like to discuss this furttrer. Mr. Sharnslry: I don't see any urgency to pass this tonight. This is a second reading, and we'll have an opportunity to discuss it further at our upcoming Committee meeting. Any comments at this time from members of Council? fThere was no response.l We will hold this in Committee. !t !t rt !t rt tr rt tr * ?t * !t tr rr rr * rl :l * rr rl rr :t :l * tr * tr t( r! * * * * Mr. Sharnstcy: Will the Clerk please read Resolution2022-037 by title only for the first time? Mrs. Caldwell read Resolution 2022-037 by title only. Mr. Sharnslry: Is there a motion to accept? Mr. Sharnstqy: IvIr. Stock made a MOTION to accept; Mr. Gentile the second. Mayor Roth: I believe the Law Director would like to deal with this. Mr. Nace: As Council will remember, we've been through this recently on the Rosemont Boulevard sidewalk. This Resolution only accepts the City Engineer's report as part of our procedure. It does not commit the City to build a sidewalk. It's essentially saying that the Engineer's report is adequate and addresses the sidewalk procedure properly, and it gives us then a date certain for the residents to be able to respond. If they wish to either get their name on a petition or get their name off a petition, they would then have ten days to do so. This tonight is really just a procedural matter, and I would recommend that Council accept the Engineer's report. Mr. Sharnsky: Comments from members of Council? Mr. Detorakis: Would that 10 days be eflective as of today's date? Mr. Nace: Yes. Mr. Sharnslry: Any other questions or comments? Mr. Gentile? Mr. Gentile: I have one for Mr. Staten. Ernie, are we still at 6l%o? Mr. Staten: As far as I know, but I have not reviewed anything here. Mr. Spagnuolo: Yes, we are at6I%. Mr. Gentile: So, we're right on the border of this being implemented? Mr. Staten: The procedure calls for either 75%o of ttre owners or 600lo of the land. It is above 60%. Mr. Gentile: Thank you. Mr. Sharnslcy: Anyttring else? [There was no response.] Would the Clerk please call the roll on Resolution 2022- 037? Page 9 of 15 Fairlawn City Council May 16,2022 APPROVEDAS SUBMITTED Mrs. Caldwell: VOTE ON RESOLUTION 2022-0372 Gentile, yea; Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea; Sharnsky, yea. Seven yea on the passage of Resolution2022-037. :t * * rr rl * * * * * * * * * * * :l t * * * ?t * * r! * rl * rr * * tr * * Mr. Sharnslry: Will the Clerk please read Ordinan ce 2022-038 by title only for the first time? Mrs. Caldwell read Ordinance 2022-038 by title only. Mr. Sharnsky: Is there a motion to accept? Mr. Sharnsky: Mrs. Baum made a MOTION to accept; Mr. Detorakis the second. Mr. Sharnslry: Mr. Mayor? Mayor Roth: This is a first reading only, so I would ask you to hold this in Committee for further discussion and comment. We're in the process of updating and making these rules more complete, so I would ask that you hold this in Committee. Mr. Sharnsky: Any comments from members of Council at this time? [There was no response.] Hearing none, we will hold this in Committee. *** * ** *rl*rr,r***** ********* ******* * * Mr. Sharnsky: Will the Clerk please read Resolution2022-039 by title only for the first time? Mrs. Caldwell read Resolution 2022-039 by title only Mr. Sharnsky: Is there a motion to accept? Mr. Sharnslry: Mr. Stock made a MOTION to accept; Mrs. Baum the second. Mr. Sharnsky: Comments from the Administration? Mayor Roth: Again, procedurally, this is dealing with the Rosemont sidewalks. It has nothing to do with any other street in the City. Mr. Law Director, do you wish to add anything to that? Mr. Nace: Yes. This is the next step in our procedure as we discussed in our earlier ordinance regarding Dowling. This is the next step on Rosemont where Council is faced with the decision of whether to accept the petitions themselves as being adequate and then essentially put the project on the slate. It does not budget any funds for this project, but it assumes that at a future time that the funds would be budgeted. At that time, then it would go out to bid. This is the next step in our sidewalk procedure, and will essentially lock them into an order of the projects being completed. Does that make any sense? Mr. Sharnsky: Yes. Just part of the process. Any comments from members of Council at this time? Mr. Stock: I have a question. Mr. Sharnsky: Go ahead, Mr. Stock. Mr. Stock: Being somewhat familiar with circulating petitions, I guess there's a vetting process it goes through with people that have signed these with the addresses that are on here, I'm assuming? Page 10 of15 Fairlawn City Council May 16,2022 APPROVED AS SUBMITTED Mr. Nace: Yes. They're compared against the owners of those properties according to the properly records. Mr. Stock Just wanted to confirm. Mr. Nace: In this case, of course, it' s a little different than wo contemplated since the Homeowner's Association stepped in and really guided this whole process on Rosemont and will ultimately be paying the assessment for this. Mr. Sharnslry: Anyttring else? [There was no response.] Would the Clerk please call the roll on Resolution 2022- 039? Mrs. Caldwelt: VOTE ON RESOLUTION 2022-0392 Detorakis, yea; Brillhart, yea; Stock, yea; Potts, yea; Gentile, yea; Sharnsky, yea; Baum, yea. Seven yea on the passage of Resolution2022-039. Mr. Sharnsky: I would like to set the next Committee of the Whole meeting date even though we have a couple Mondays left in the month. The 306 is Memorial Day, and at the request of Councilman Gentile, he asked that we change our time. I'd like to set the meeting for Monday, May 23'd starting at 5:30 PM. Our normal start is 6:00 PM. That concludes the business to be conducted in the Committee of the Whole. FINANCE COMMITTEE CHAIR BARBARA POTTS Ordinance 2022-035 Olfered by Mayor Roth AN ORDINANCE AI-ITHORZING * * * * * * * * * * * * * * * * rr :l rr rr :t rr :l :l :l rr * rr * rr * rt :l :t Mrs. Potts: Will the Clerk please read Ordinance 2022-035 by title only for the second time? Mrs. Caldwell read Ordinance 2022-035 by title only. Mrs. Potts: Mr. Kaufman? Mr. Kaufman: We were working on compiling the exhibit for this Ordinance and ask that you hold it in Committee and we will discuss it with you on the23'd. Mrs. Potts: Thank you. Put this on the agenda for the next Committee of the Whole meeting. Are there any questions from anybody? [There was no response.] That concludes the Finance Committee report. MUMCIPAL SERVICES COMMITTEE CHAIR. TODD STOCK Mr. Stock Good evening. Municipal Services Committee has no report this evening. PUBLIC AFFAIRS COMMITTEE CHAIR. KATHLEEN BAUM Mrs. Baum: Public Affairs has no report this evening. SAFETY COMMITTEE CIIAIR. MICHAEL DETORAKIS Mr. Detorakis: Good evening. Safety Committee has no report this evening. Page 11 of 15 Fairlawn City Council May 16,2022 Expiration Date 07t3U2022 Public Hearing N/A Accepted 0510212022 ls Reading 0st02/2022 2m Reading 3ro Reading Hold Pass APPROVEDAS SUBMITTED INTERGOVERNMENTAL AFFAIRS COMNIITTEE CIIAIR JOSEPH GENTILE Mr. Gentile: Intergovernmental Affairs has no report tonight, Mr. Sharnsky. PLAI\NING COMMITTEE CIIAIR" PHILIP BRILLHART Ordinance 2022-031 Offered by Mayor Roth AN ORDINANCE APPROVING THE REZONING OF APPROXIMATELY 8.27 ACRES OF REAL PROPERTY LOCATED AT 2859 AND 2889 RIDGEWOOD ROAD FROM THE R-I SINGLE FAMILY RESIDENCE DISTRICT TO THE R-6 PLANNED MULTIPLE DWELLING Ordinance 2022-040 Offered by Mayor Roth AN ORDINANCE GRANTING A VARIANCE PURSUANT TO SECTION 1222.05(A') OF THE CrTY OF FAIRLAWN CODTFTED ORDTNANCES TO ALLOW THE PLAT OF PHASE I OF THE LINKS SIIBDIVISION TO BE AMENDED; AUTHORZING THE EXECUTION THEREOF AND DECLARING AN EMERGENCY Ordinance 2022-041 Offered by Mayor Roth AN ORDINANCE APPROVING THE PLAT OF PHASE TWO OF THE RETREAT SI]BDIVISION AND AUTHORIZING DGCUTION THEREOF UPON Expiration Date 08/14/2022 Public Hearing N/A Accepted ls Reading 2m Reading 3d Reading Hold Pass Mr. Brillhart: Will the Clerk read Ordinance2022-031 for the second reading by title only? Mrs. Caldwell read Ordinance 2022-031by title only. Mr. Brillhart: Mr. Mayor? Mayor Roth: This is a second reading only and there is a public hearing scheduled for it on Monday, June 6tr, so I would ask you to hold this in Committee. Mr. Brillhart: Thank you. ,r rr rt * ?t ?t tr,( t( rt !t rt !t !t ?t * !t !t ?t !t * * * * * * * * * * * * * :! Mr. Britlhart: Will the Clerk please read Ordinance 2022-040 for the first reading by title only? Mrs. Caldwell read Ordinance 2022-040 by title only. Mr. Sharnsky: This doesnot require a public hearing, does it? Mayor Roth: No, it does not. Mr. Sharnsky: Is there a motion to accept? Mr. Sharnslry: Mr. Brillhart made a MOTION to accept; Mrs. Baum the second. Mr. Nace: The proponent is here on Ordinance 2022-040, so I think we'd like to have him address it this evening. Mayor Roth: There is a timeliness matter to this Ordinance, so I would ask Council to allow the attorney for the landowner and developer to address Council. Page 12 of15 Fairlawn City Council May 16,2022 Expiration Date 07/31/2022 Public Hearing 06t06n022 Accepted 05/02/2022 ld Reading 05t0212022 2d Reading 3d Reading Hold Pass Expiration Date 08/14/2022 Public Hearing N/A Accepted ls Reading 2d Reading 3d Reading Hold Pass APPROVEDAS SUBMITTED Mr. Brillhart: Come forward please and state your name and address. Mr. Konstand: Good evening. I'm Robert Konstand, and I'm the attorney forthe property owner and developer. This is the Links subdivision of the Rosemont Project. We've had a problem. Bill, if you could put that up. By way of background, we're constructing the first phase of the Links. The Links is directly behind the Giant Eagle shopping center. It's a Ryan project of single-family residential units. There's a picture of it. To the east end of the properly at the end of the street, we've encountered some soil conditions that we are required to do more testing to make sure that they would be compatible with the type of residential construction that we're considering for this. A problem arose with the Deparhnent of Environmental Services (DOES) of Summit County because we had all42homes listed as that first phase, and we're asking to delay ilre construction of the ten homes at the easternmost point until we determine what the soil conditions are like. With that request, the DOES said on behalf of Fairlawn, because DOES reviews all of the sanitary sewer plans for the City, that they could not approve the sewer because all of the sewer has to be constructed at the same time for whatever phase of a plat has been recorded. So, unfortunately, we've run this sewer for the frst32 homes, but we haven't run it for homes 33-42 at the end. We had discussions with DOES, I've had discussions with the City Administration, and we don't want to rush into the soils right now if we're going to have an issue or what needs to be done to further compact the soils, so we're asking to amend phase I of the Links plat to reflect that lot number one through 32, or the frst 32 homes, would be constructed. Then, we're showing homes 33-42 as future development once we're able to have our soil analysis done. By breaking it up into two phases rather than one phase, we can go ahead then and have our sewer inspected and keep going with the first 32 homes. This is something that the developer didn't bring up, it was a condition of the soils which were sort of out of his control. Fairlawn had no issue, but DOES did because their rule is that you have to construct the sewer for the entire phase so you don't have a development that's partially sewered, and we understand that. So, we're here tonight and we're asking that this be approved as an emergency so we can continue with the project and get these first 32 homes built and approved. Mr. Sharnsky: Will this impact the total number of units that are being built long-term? Mr. Konstand: No. Mr. Sharnst<y: It will still be the same number? Mr. Konstand: It will be the same, and depending on the soil conditions it may be less. Mr. Brillhart: Mr. Mayor? Mayor Roth: My understanding is, Planning Commission as part of our PUD and Council, we set out the rules and regulations. This does not change any materials or the qualrty of the structures being built. This is merely removing some lots off of the original phase one so they can proceed with their construction until they solve the soil issues. Is that correct, Mr. Konstand? Mr. Konstand: That is exactly correc! Mr. Mayor Mayor Roth: What you see before you is the exact same footprint that Planning Commission has approved, we're just taking ten homes and putting them in a future phase. The timeliness issue is, I believe, the Departrnent of Environmental Services, when they sign off, the developer has to wait 30 days to commence construction. This is May, and now is the ideal time to do construction. I know we have all reviewed it, Mr. Staten, myself, and Mr. Arnold. Procedurally per the Law Director, this is a way that Council has the right to amend this by the ordinance so he doesn't have to go back to Planning Commission to make a change which is really more technical than anything else. I would ask Council to look favorably upon this tonight, and, if you would, to take this out of Committee and hopefully vote on it in a positive matter so this matter can keep going. Mr. Brillhart: Mr. President, I'll make a motion to suspend the three-reading rule on the Ordinance. Page 13 of 15 Fairlawn City Council May 16,2022 APPROVEDAS SUBMITTED Mr. Sharnsky: I'd just be sure that there are no comments or questions from members of Council. Mr. Brillhart: Any comments from Council? Mrs. Baum: Seems like a simple solution. Mr. Gentile: What exactly are the soil issues that are causing the separation, and what are the remedies that have to be put in place to continue with phase two? Mr. Konstand: The first issue is where the water table is because in that second phase, we had considered putting basements in some of the homes or the residences. Now, depending on where the water table is and once it stabilizes with all the work that's going on there, we can make a determination of whether or not in fact to include basements as a viable option. Also, then, just the soil compaction. We want to make sure that the foundations are stable where these homes are going to go so there are no problems in the future. Mr. Gentile: Thank you. Just to be clear, the determination on what is being delayed or put into phase two, those ten homes may or may not go, depending on what happens with the soil compaction after the other development phase one is completed? Mr. Konstand: Well, we're simultaneously, Mr. Gentile, testing as we go now. We had to wait for the soil to dry out. It's been rainy, but we have about an eight-week procedure of testing, and depending on the test results then, we'll know what we can do or what needs to be done. They can also treat the soils to make them more stable, but until we get the engineering, that's just the diagnosis, for lack of a better word. Theno we have to come up with away to fix it ifthere is a problem. I can assure Council and the City Administration that there will be no additional homes. If there is an area of bad soil, maybe we lose a home or something. We'll come back and amend accordingly. Mr. Gentile: You understand why I'm asking? Mr. Konstand: Of course. Mr. Gentile: Okay, thank you. Mr. Konstand: I hope I answered it. Mr. Gentile: Yes, you did. Very much so, because I'm sure it's going to come up again. Mr. Konstand: It will. The good news is if it doesn't come up and we just build the homes, it's what we originally envisioned. Unfortunately, soils sometimes surprise you, and until we really test them and engineer them, we want to make sure that it's going to be right for the homes. Mr. Gentile: I understand. We don't want a Woodcrest situation. Mr. Konstand: That is correct. Mr. Sharnsky: That was a great la5rman's explanation. Mr. Konstand: Thank you. Mr. Brillhart: Any other questions from Council? [There was no response.] Any questions from the audience? [There was no response.] Mr. President, I'll make a motion to suspend the three reading rule for Ordinance 2022-040. Mr. Sharnsky: Mr. Brillhart made a MOTION to suspend the three-reading rule; Mrs. Baum the second. Page 14 of15 Fairlawn City Council May 16,2022 APPROVEDAS SUBMITTED Mr. Sharnslqy: Would the Clerk please call the roll on suspension of the three-reading rule for ordinance 2022-040? Mrs. Caldwell: VOTE ON SUSPENSION OF' TIIE THREE-READING RULE FOR ORDINAI\CE 2022-0402 Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea; Sharnsky, yea; Gentile, yea. Seven yea on the suspension of the three-reading rule for Ordinance2022-040. Mr. Sharnsky: Will the Clerk please call the roll on Ordinance 2022-040? Mrs. Caldwell: VOTE ON ORDINAI\C82022-040: Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea; Sharnsky, yea; Gentile, yea; Potts, yea. Seven yea on the passage of Ordinance2022-040. * rl * rr rr * r! * * * * * * * * * rt ?t * rr rl rr tr :t :l rl tr * * :t !t r( rr ?t Mr. Brillhart: Will the Clerk please read Ordinance2022-04l for the first reading by title only? Mrs. Caldwell read Ordinance 2022-041by title only. Mr. Sharnsfiy: Is there a motion to accept? Mr. Sharnsky: Mr. Stock made a MOTION to accept; Mr. Gentile the second. Mr. Brillhart: Mr. Mayor? Mayor Roth: This is a first reading only, so I would ask you to hold it in Committee. Mr. Brillhart: We need to schedule a public hearing for this Ordinance. The earliest possible date would be June 21, 2022. Please put that on the agenda. That concludes the report of the Planning Committee. ITEM 10: OTIIERBUSIITIESS Mr. Sharnsky: That brings us to Items Ten and Eleveno Other Business and Adjournment. Is there any other business to come before Council this evening? [There was no response.] ITEM 11: ADJOURNMENT Mr. Sharnsky: Hearing none, I would entertain a motion to adjourn. Mrs. Stock made a MOTION to adjourn; Mr. Brillhart the second. Everyone voted in favor. The meeting adjourned at 7:16 pm. The next regular meeting of Council will be on June 6,2022 at 6:30 pm. by Fairlawn City Council on the Ciw Council(oJu meeting day of on May 16,2022 andThese are the official minutes of the Fairlawn Russell T. Sharnsky PRESIDENT OF COUNCIL Summer Owen Recording Secretary Page 15 of i5 Fairlawn City Council May 16,2022 o"F