CITY OF TWINSBURG, OHIO

REGULAR COUNCIL MEETING MINUTES

TUESDAY, APRIL 22, 2008

Mr. Bob McDermott President of Council called this meeting to order at 7:58PM.

INVOCATION & PLEDGE OF ALLEGIANCE:

Mr. Murphy bestowed the Invocation. Council led in the Pledge of Allegiance.

ROLL CALL: B. Furey, B. Hon, B. McDermott, S. Murphy, A. Romito S, Scaffide, and G. Sorace

ALSO PRESENT: Mayor Katherine Procop

David Maistros, Law Director

Marie K. Weaver, Clerk of Council

APPROVAL OF MINUTES

Mr. Hon stated his comments on page 8 should read as follows after the word because:

Mr. Furey was not present.

The minutes for the Regular Council meeting of March 25, 2008 stand approved as amended.

PRESENTATION OF PLAQUE TO ADAM KOBALLA

2^ND PLACE AT NAIA CHAMPIONSHIP

Mayor Procop presented Adam Koballa with a plaque in recognition of his accomplishments as a wrestler. Adam placed 2^nd in the 140lb weight class, earning him the All American Status at the recent NAIA National Wrestling Tournament. Mr. Sorace donated the Plaque.

COMMUNICATIONS (MAYOR’S REPORT)

§ The City applied to AMATS for STP Funding for several road projects in the amount of

4.5 million-dollars. The policy committee is currently reviewing it.

§ “Buyer Beware” advised the residents that the persons who have left flyers at homes to paint addresses on the curbs, have not registered with the City; there have been problems in the past with a business of this nature.

§ Two new companies: Miracle on Main Street and Shredd It located on Dutton Drive, both owned by Alex Piteo; and True Value Hardware on Ravenna Road reopened under new management.

§ Congratulations to the following who received a nomination for appointment from

Congress LaTourette: George Stevenson, Jr., Douglas Furman, and David Eidam.

§ Fire Department, the 2008 FDIC (Fire Department Instructor Conference) attendees sent letter thanking the Administration and Council for financial support of training.

§ Sherrod Brown sent letter of congratulations to the City on being recognized as Tree City USA.

• Gave highlights on meeting where topics of discussion included a discussion on the Northeast Ohio Regional Economic Revenue study; and Governor Strickland spoke on his 1.5 billion dollar job stimulus package for Ohio.
• House Bill 521; a bill to create a commission on local government reform and collaboration to develop recommendations on reforming and restructuring local governments in Ohio. This would be a 9-member study group. Some concerns include a possible State collection of municipal taxes, and the reforming and restructuring of local governments, and how it would affect the City of Twinsburg.

DEPARTMENT HEAD REPORTS

Finance Department, Michelle Bowens:

§ City income tax receipts for April 2008, totaled $1,438,079.00, compared to April 2007 receipts in the amount of $1,519,919.00, a decrease of 5.38%.

§ The Year to date receipts total $4,370,756.00 compared to $4,568,863.00, a decrease of 4.34%.

§ Advised residents that in order to take advantage of the Economic Stimulus package, a tax return must be filed by October 15, 2008 for the prior year. Be sure to also indicate on the top of your 1040A form that this is for the Economic Stimulus payment.

Parks and Recreation, Derek Schroeder:

§ All of the Easter festivities were a success.

§ The Arts Festival and the Photography contest were postponed due to snow.

§ The new Activity Guide is due out on May 5, 2008.

§ Registration for all summer programming will begin on May 12, 2008 at 8:00AM.

§ Summer Camp sign ups are currently going on.

§ The Annual Rick Knowles River Run to clean up Tinkers Creek is scheduled for May 17, 2008. Interested persons may sign up at the Community Center.

§ Upcoming Projects include; painting the outdoor pool, shade structures going in at the outdoor pool, a new shelter at Liberty Park, and preparing the baseball and soccer fields.

§ Currently hiring seasonal Lifeguards and Day camp Leaders.

Fitness Center, Derek Schroeder:

§ The Kid Park attendance has tripled the numbers of users.

§ The Fitness Class Packages has doubled in its’ users.

§ There were 119 new memberships in the month of March compared to 69 in March of 2007. Total members currently at 5,333; total member visits were at 43,182, the highest numbers in 2 years.

IT Department, Clay Morris:

§ Converted the Police and Fire to an Internet Paging System. This will improve the paging from a desktop with alpha numeric.

§ Have installed and are currently finalizing the configuration of an Internet Monitoring and Control software.

§ The Firewall Upgrade is complete and operational.

§ The amplifier was replaced in the Chambers.

Human Resources, Clay Morris:

§ Hired 105 seasonal and/or volunteers, with approximately 24 positions left to fill. Available positions can be viewed at www.mytwinsburg.com

Community Planning and Economic Development, Larry Finch:

Building Division:

§ Questions regarding the Rental Inspection Program should be directed to Russ Rodic, Chief Building Official.

§ Chief Building Official is planning an additional inspection program that will be conducted from the right away, and will be a soft approach to property maintenance. It will address issues such as recreational vehicles parking in the fronts of buildings, etc.

§ The Manhole Restoration and Stripping program has been advertised.

§ The Lake Forest Storm Water management improvement is due to begin in June 2008 providing the easements are finalized.

§ The Liberty Sanitary Sewer restoration work will begin in the next few weeks depending upon the weather.

§ ODOT will begin resurfacing I-480 in May or early June.

§ Tree Pruning Program will continue weather dependent, on Burton Drive, Merino Lane, Zenas Court, Shadywood Lane, and Hickory Hill Drive

Engineering Department:

§ Seeking approval for Ordinance 41-2008, the 2008 Road Program.

Planning Commission:

§ The Planning Commission will be sending various Codes and Sections to Council to be placed on the ballot: Chapter 1139-setback distances from oil and gas wells for structures; Section 1148-C5 mixed residential-commercial district; Chapter 1150-flood damage protection regulations; Chapter 1151- conditional uses, and Chapter 1153- accessory uses.

Community and Economic Development:

§ The Tax Incentive Review meeting was held on April 16^th. The committee reviewed 4 CRA’s and 3 TOP. The recommendations will be presented to Council.

§ The Chamber and Windstream will jointly sponsor a Broadband Forum on May 21, 2008.

§ Working with two prospects seeking building space in the City of Twinsburg.

§ Met with realtor who will represent the City of Twinsburg in the Sale of the Darrow Road Fire Station property.

Public Works Department, Chris Campbell:

· Provided Council with photos of a vehicle used by Service Department to pick up parts, provide road service, and other jobs within the department. The frame is rusted through and cannot be repaired. Seeking to replace this vehicle. It is a 1991 vehicle, with 94,000 miles.

COMMITTEE AND/OR COMMISSION REPORTS:

S. Murphy – Capital Improvements, Finance, Public Works, Safety

§ The Capital Improvements Board April 9^th meeting has been rescheduled for May 14, 2008, at City Hall.

§ Mr. Murphy read the following memo from David Maistros, dated March 31, 2008:

The issue has been presented for consideration is the scope of the authority of the Board of Zoning and Building Code Appeals, known as the BZA. Specifically the issue presented revolves around the appeal to the BZA by an applicant who has been denied the ability to place a drive thru service window in it’s request to open an Ice Cream establishment in a C2 district. Section 1148.04 of the Codified Ordinances of the City of Twinsburg sets forth the permitted uses in a C2 district. Ice Cream Parlors are permitted use pursuant to section 1148.04w, which states that preparation and processing of food and drink to be retailed on the premises including Ice Cream parlors but excluding drive in facility. Therefore while Ice Cream Parlors are a designated permitted use, drive-in facilities are specifically excluded. Although the BZA is created by the Charter, the powers and duties are set forth in Chapter 1199 of the Codified Ordinances. Section 1199.09 establishes the power and duties of the BZA. Sub Section B states the Board shall not possess the authority or power to hear, determine or grant variances to land use classifications established by ordinance. Based upon the fact that the City Code prohibits drive-in facilities as a permitted use in a C2 district, and further based upon the fact that the applicant is seeking a variance to this use classification, it is my opinion that the BZA does possess the authority to grant such a variance. I have discussed the merits of this memo with professionals employed by the applicant. It is been represented that the applicant disagrees with the decision expressed herein. Applicant is desirous of presenting its’ appeal to the Board in order to preserve the record. Undersigned has no objection to the Board permitting the application to be heard provided no determination is made that would be contrary to the decision set forth herein.

Upon completion of the reading the memo, Mr. Murphy stated that based on the Law Director’s memo and in order to prevent setting a precedence that would allow the BZA to grant variances of land use, he would be requesting a motion that the variance which the BZA granted be determined void and thereby overturned by Council.

A. Romito – Treasury Investments, Beautification, Vol. Firemen, Safety

§ The Beautification Committee will meet on Thursday, May 1, 2008 at 7:00PM.

§ With the Township returning to the City, confirmed that they would indeed be paying the City Income Tax.

The Mayor advised that she has discussed this matter with Trustee Carol Jasper.

§ Some attention is needed to some of the buildings on the former Corbett property. The shingles have been removed from one of the buildings in the rear and it looks bad. The roof on the house is beginning to fall apart, and the barn is looking run down and could use some paint. This is a residential area and the perhaps the code needs to be enforce to ensure that this area is brought up to date.

§ Is still receiving calls regarding the trailer parked behind CVS.

W. Hon – Environmental, Safety, Fitness Advisory

§ The Environmental Historic Preservation Commission met on Thursday, April 10^th.

Mr. McDermott was present and spoke on Ordinance 34-2008.

There are 3 new additions to the Commission’s agenda: Recommendations from City Council, Recommendations from the Administration and Recommendations from other Boards and Commissions will be standard on their on agenda.

§ Stanley Stine, City Naturalist has a Nature Representation on Cable 9. It will be aired on Friday, May 2, 2008 at 10:00PM, and on Saturday, May 3, 2008 at 1:00PM.

§ There are some areas that need to have potholes filled; BP and Sheetz Gas Stations, Canyon Falls, and East Idlewood Park.

§ Thanked Mr. Campbell for reviewing some streets in Ward 5 with him.

G. Sorace – Planning Commission, Twins Day, Golf Advisory, Fitness Advisory

§ The Gleneagles Advisory Board met on Thursday, April 17^th. The Golf Course opened on April 1^st, two weeks later than in 2007. Work has begun on the rebuilding of 8 of the Tees, and Seasonal employees are being trained.

§ The Planning Commission met on Monday, April 21^st. They are working on revising various Chapters in time for the November ballot.

Clarified that the Planning Commission did not vote on recommending Ordinance 34-2008 the Riparian Setback Regulations because they were awaiting a map to determine what the outcome of the change would mean to the community. The Commission would like to review the map.

§ The Twins Days Committee will meet on Wednesday, May 7, 2008.

B. Furey – Finance, Parks & Recreation, Public Works

§ The Park and Recreation committee met on April 16^th. They discussed their 5-year plan in depth; voted and a recommendation was made to have the McDonald House torn down.

The community gardens are sold out.

Thanked University Hospitals for the donation of $7,000.00 for the Recreation Center flowerbeds.

Mr. Schroeder has obtained bids for the Skate Park and paving of the parking lot.

Pool Passes can now be purchased at a significant discount at the Fitness or Community Centers. Rates will increase once the pool opens for the season.

Summer Day Camp registration is open. Additional information can be obtained at the Fitness Center.

Sport Camps for grades 2 thru 6 are held June thru July. They include baseball, basketball, golf, football, cheerleading, and Olympic type sporting events.

The Fitness Center will be hosting the Fourth Annual Eric Snow Basketball Camp. Interested persons may register at http://www.shoot4themoon.org or by contacting the Fitness Center.

The next Park and Recreation meeting will be held on Wednesday, May 21, 2008.

§ The Western Reserve Land Conservancy is having a walk thru the Tinkers Creek area in Streetsboro, Saturday, May 10, 2008 at 9:00AM. The cost is $15.00 for members and $18.00 for nonmembers. Please call 330-425-4159, to reserve a spot.

§ TBL is hosting a fundraiser, Twinsburg Day at Progressive Field on Sunday, June 29, 2008 at 1:05PM, The Cleveland Indians vs. Cincinnati Reds. Tickets are $17.00 and can be purchased through the Park and Recreation Department. Ticket requests must be made before

May 22, 2008.

• A Public Works Committee meeting will be held on Tuesday, May 6, 2008, at 6:30PM in the Engineering Conference Room. The Agenda will include a discussion on RFP for Wireless; Post Road, The Sidewalk Programs, and the discussion of monies for Reminderville.

B. McDermott – Architectural Review Board, Chamber Representative, Finance Committee

• The Architectural Review Board met on April 17^th. The Board unanimously passed an Illuminated Wall Sign for Liberty Mutual; signs for the front and rear for Quiznos Subs; and gable and changeable letter signs for Rosati’s. The Board tabled an illuminated Planner Sign for Christ the King Evangelical Church for more information, and a request for demolition of a house and barn from Consolidated Plastics.

AUDIENCE PARTICIPATION:

Mike DiCillo, 11296 Palmer Lane:

Mr. DiCillo affirmed that he is not opposed to the Rosati’s opening an Ice Cream Parlor, however he does not agree with the method that the Administration has used to accomplish the goal, stating that proper guidance and advice would have been more prudent and the Rosati’s would have been better served. He further stated that what has happened is not conducive to the integrity of the zoning ordinance and in fact will jeopardize the code if the appeal is allowed to stand, adding a request for Council to overturn the BZA in this case.

Mr. DiCillo suggested that as with Audience Participation, the Administration give their name when they speak.

Karen Clinton, 2045 Glenwood Drive:

Mrs. Clinton inquired if additional Police Patrolmen have been hired, and if so, how many. Regarding Ordinance 38-2008, Mrs. Clinton stated that it lends to more questions than answers; although currently the ordinance only applies to homeowners that rent out property, as a homeowner residing in her home, she is uncertain as to when it would apply to her. Upon reading the fourth amendment, Mrs. Clinton cautioned Council to tread very lightly with the legislation.

Commented that she agrees that Ordinance 34-2008, the Riparian Setback Regulations should be sent back to the Planning Commission for review.

Pat Jackson, 2928 Cannon:

Ms. Jackson is a landlord of two properties in the City of Twinsburg and is opposed to Ordinance 38-2008 for several reasons. She stated that the fees are discriminatory and unreasonable, and places an undue hardship on the landlords and tenants of the city without a valid reason. Ms. Jackson further stated that if no additional staff would be needed for what could be over 1,000 inspections per year, then the current Building Department is overstaffed and this is just a disguised ploy to keep or increase the current staffing levels at the expense of the landlords and tenants.

Ms. Jackson also addressed the proposed misdemeanor in Ordinance 38-2008 that would be imposed if your waste containers were at the curb passed 7:00PM on the day of pickup. She provided and example stating that if a person works a second shift such as 3pm-11pm, depending upon when their trash is picked up, the trash containers may not be remov