7_5_05___mins

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RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
Mrs. Cingle called the meeting to order at 8:00 p.m.
Mrs. Cingle led the opening.
Councilpersons present: Laura Cingle, Jeannine Case, Dave Bertsch, Mike O’Donnell, Bob
Beesley and Warren Schneider.
Also present: Mayor Larson, Jack Morrison, Director of Finance David Bailey, Service Director
Barry Walkenshaw, Fire Chief Bowery, Park Board member Julie Rohrich, BZA member Ann
Malorni, Police Ofc. Scott Bellinger and Deputy Clerk of Council Amy Locy.
Councilpersons absent: Cathy Laubaugh

Mrs. Case made a motion to excuse Mrs. Laubaugh from the meeting. Mr. Schneider
seconded the motion.
Roll call:
Mrs. Case – yes
Mr. Schneider – yes
Mr. Bertsch – yes
Mr. Beesley – yes
Mr. O’Donnell – yes
Mrs. Cingle – yes
The motion passed.
Approval of Minutes:

Mrs. Case made a motion to approve the minutes of the Regular Council meeting held
Tuesday, June 7, 2005. Mr. O’Donnell seconded the motion.
Discussion – several mistakes in the minutes were found, Council asked for the following changes:
1.
6/7 – Mrs. Cingle asked that the words “is not” be added to page one, Approval of
Minutes, so that the sentence reads: Mr. Bailey is not proficient……
2.
6/21 – Mrs. Cingle said that on page two, President of Council, she reported what
Mrs. Case told her the resident said and that she did not speak to the resident personally.
3.
6/7, 6/21 – Mr. Schneider mentioned that he was present at both of these meetings
but his name does not appear under Councilpersons Present.
4.
6/7 – Mr. Schneider said that he disagreed with page two, Mayor’s Report,
regarding lawsuit filed by Bette Lyons. Mr. Schneider said that he thought the Mayor said that the
reason he didn’t inform Council was something to do with a time issue. He asked that approval for
these minutes be held until the next meeting so that the tape recording could be verified.
Mrs. Case withdrew her motion to approve the minutes of June 7, 2005. Mr. O’Donnell withdrew
his second to the motion.

Mr. O’Donnell made a motion to approve the minutes of the Regular Council meeting held
Tuesday, June 21, 2005 as amended. Mr. Schneider seconded the motion.
Roll call:
Mr. O’Donnell – yes
Mrs. Case – abstain
The motion passed.
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider – yes
Mrs. Cingle – yes
REPORTS OF OFFICIALS
Mayor's Report:
1.
Safety Town will be July 11th through July 18th. We have 27 children enrolled.
1
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
2.
Mayor said the vacancy left on the Planning Commission by Dennis Crossen’s resignation
would be filled by his appointment of Dave Lovette. He explained that Mr. Lovette lives on
Pinehurst Road and works at Harvest Home Realty. The Mayor asked for Council’s confirmation
of this appointment.
3.
Mayor will be out of town until July 13, 2005.
Mr. Schneider asked for a flow chart or organizational chart of employees that work downstairs.
He said that although Council is happy to see John Jacobs back to work with the City, he wonders
why these new employees are not on the agenda for Council’s approval. Mayor Larson said that
he feels that putting employees on the agenda is unnecessary.
Mrs. Case said that she is glad to have Mr. Jacobs and the program back in the City, but she was
surprised because she found out about his return from the Mayor of Stow. Mayor Larson
explained that he got the information on the grant money on Tuesday and then told Council that
night at the meeting.
Mr. Schneider said that residents read the minutes and posted information about Council. He said
that putting employees on the agenda is a way of being up front with the community on what’s
going on in City Hall. He said that he feels employees should be put on the agenda.
Mrs. Cingle explained that in the past these items have been put on the agenda as a courtesy to
City Council. She asked the Mayor to explain his thinking because he is sounding arrogant and he
may not mean it that way at all.
Mayor Larson said that the Charter says that it is the Mayor’s job to hire and fire. He said that
employees, other than Department Heads, do not require Council’s approval, and therefore; he
feels that it is not necessary to ask for Council’s confirmation.
Mr. O’Donnell said that a good compromise might be to introduce new employees at the next
Council meeting.
Law Director:
1.
Reported that Board of Elections deadline to put a Charter Amendment on the November
ballot is September 9, 2005.
Mr. Beesley asked for information on the proposed ordinance regarding the maximum age for
Police and Fire personnel. Mr. Morrison explained that the state mandates the maximum age for a
new appointment for Police and Fire. The City is choosing to waive the state mandate and
establish no maximum age for a new appointment of Police or Fire personnel.
Mrs. Case asked why we are doing this. Mr. Morrison explained that it is very difficult to fill fulltime police and fire positions with experienced personnel and the maximum age rules make it even
more difficult. Fire Chief Bowery explained that the maximum age limit prohibits an over age parttime firefighter from promoting to full-time, no matter how much service time that person has with
the City.
Mrs. Cingle asked about Proposed Resolutions #2005-11 and #2005-12. She wanted to know if
they require three readings. Mr. Morrison said that historically Council reads an expenditure of
money three times before passing, but he explained that deadlines would prohibit three readings of
these proposed resolutions.
2
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
Mrs. Cingle asked Mr. Morrison to prepare a draft legislation to amend the Charter regarding
Council appointment to Planning Commission. She also asked for legislation to appropriate
$40,000 to pave Gay Road.
Mrs. Case mentioned that there are two opinions on the Council appointment to the Planning
Commission. Some people think that the Planning Commission should consist of five appointed
residents and some people want to back to the original intention of the Charter. She asked Mr.
Morrison which way he would go. Mr. Morrison said that he would prepare the legislation as
originally requested by Mrs. Cingle and then Council could discuss the legislation during its three
readings.
President of Council:
1.
Mrs. Cingle will be absent at the next meeting. Mrs. Laubaugh to preside.
2.
Reminded everyone of the Vintage Baseball game to be held Sunday, July 31, 2005.
3.
Assigned motions for Council.
Motions for Council:

A motion to declare a desktop computer, whose value is less than $1,000.00, as surplus
and authorizing disposal of the same as requested and recommended by the Finance Director.
This motion was assigned to Mr. Schneider to make during his committee report.

A motion to release the Performance Bond in the amount of $31,363.00 to Holiday Assisted
Living, Contractor Colson and Colson as recommended by the Building/Zoning Inspector.
This motion was assigned to Mrs. Case to make during her committee report.

A motion to confirm the Mayor’s appointment of Dave Lovette to the Planning Commission
to fill the vacancy of Dennis Crossen.
This motion was assigned to Mr. Bertsch to make during his committee report.
Director of Finance:
1.
Funds invested with Gummer & Associates have matured and the funds have been moved
to the First Merit Bank.
2.
Reported that the Discussion Analysis of the Annual Report is complete.
Service Director:
1.
AMATS has been in the City checking the safety of certain intersections. They are:
1.
South River Road and South Main Street
2.
Steeplechase Lane and South Main Street
2.
Annual Consumer Confidence Report (water report) mailed out.
3.
Electronic safety door at Police Dept. has been fixed.
4.
Reported that the wall on the outside of City Hall must have a railing on it, according to our
City Code.
5.
A lawsuit over a bad driveway has been filed by the resident at 37 Gaylord Drive. Building
Department has been out to inspect. Mr. Walkenshaw said that this kind of issue is exactly why
we need to register our contractors.
6.
Tall grass has been mowed on North River Road.
7.
Mr. Walkenshaw has obtained quotes for tent, etc for Community Day. Park Board to make
final decisions.
3
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
8.
Catch basins have been repaired.
9.
City mulch is gone for the year. Suggestions were made considering other methods of
providing to the residents. Mr. Walkenshaw thinks that there are too many people from other
communities are helping themselves to the mulch.
10.
Sidewalk survey in progress. Summer Youth workers are concentrating on the northeast
quadrant of the City. That area includes east of North Main Street and north of the river.
11.
Planning to do a Storm Water Drainage study.
Mrs. Case said that the park benches around the playground were over-turned. She wondered if
the Service Dept. was working in that area or if it was vandals. Mr. Walkenshaw said that he was
unsure, but would make sure the benches are put back.
Mr. Schneider asked if the Service Department cleaned up the tennis courts in Guise Park. Mr.
Walkenshaw said that the Youth Workers did the work.
Police Chief:
Acting Police Chief Sgt. Smith was absent. Mayor Larson reported.
1.
Police Dept. is stepping up patrol due to vehicles being broken into.
2.
Commended Officer Dietz on his latest arrests.
3.
Interviews for the Police Chief position are scheduled to start July 14, 2005. Mayor said
that his plan is to get the list down to four or six and then Mr. Beesley will join him for further
interviews. Spoke of testing company that could assist with qualifying candidates. Said he hopes
to make appointment by end of July.
3.
Police cruiser that is currently on order has been pushed back again and may not be built
until August. Said that it may be faster/cheaper to get something off the lot. Explained that our
vehicles are starting to show wear.
Fire Chief:
1.
Mentioned EMS billing and response summary.
2.
Truck and pump maintenance being done.
3.
Department will be receiving $4,000 grant from Ohio Department of Public Safety.
4.
Department has been providing training classes at Mulberry Gardens.
REPORTS OF COMMITTEES
Community Development:
1.
Revisions on the contractor registration legislation was given to Council. Mr. Morrison will
send over electronic copy to Mrs. Locy prior to the next Planning Commission meeting. Mr.
O’Donnell said that he is looking for input from Council and the Planning Commission.
Mrs. Cingle mentioned that the last time this legislation was sent to the Planning Commission they
said that they didn’t want to see it again. Mr. O’Donnell said that he would like to take it to their
meeting as a courtesy.
Mrs. Cingle asked about the legislation to split the duties of the Building and Zoning Inspector,
which is currently taking time. Mr. O’Donnell said that he would like to see it voted back on the
agenda because he sees no reason to hold it back.
Mr. O’Donnell said that he felt the RV legislation should be voted on as well. Mrs. Cingle remarked
that he may want to look into that legislation a little further. Mr. Morrison went over the history of
this legislation as well as the legal precedent set in a South Euclid case. Mr. O’Donnell will pursue
this discussion further at the next Community Development meeting.
4
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
Mr. Beesley asked for the procedure for Ordinances Taking Time. Mr. Morrison explained that
these ordinances could be voted back onto the agenda tonight and that they would return as
Ordinances for 3rd Reading.
Finance/Audit:
1.
Discussed the release of the Performance Bond.

Mrs. Case made a motion to release the Performance Bond in the amount of $31,363.00 to
Holiday Assisted Living, contractor Colson and Colson, as recommended by the Building/Zoning
Inspector including a letter of advisement regarding the completion of the sidewalk on South Main
Street. Mr. O’Donnell seconded the motion.
Discussion - Mr. Beesley said that the letter should include language that states the sidewalk must
be done to the specifications of the approved plan. He said that a specific dollar amount should be
included in the letter and the City should hold that amount of money back out of the bond.
Mrs. Case asked to hold off on the release of the bond until the costs could be figured out. Mrs.
Case withdrew her motion. Mr. O’Donnell withdrew his second to the motion.
Mr. Walkenshaw said that the problem with the sidewalk at Mulberry Gardens is not money; it is
the grade of the land. He explained that the grade at Mulberry Gardens is 4’ to 5’ higher than the
grade at Triple Crown. He said that you can’t stop a sidewalk and leave a 4’ drop-off. Mr.
Walkenshaw also commented on holding the bond money and asked how long the money would
be held for. He said that completing the sidewalk could take forever because further down the
street the elevation difference is between 6’ to 10’.
Mayor Larson said that he would have the cost estimates by the next Council meeting. Mr.
Walkenshaw said that 40’ of sidewalk would cost approximately $600.00.
2.
Reviewed Prop Ord #2005-13 to amend the appropriations.
3.
Discussed Prop Ord #2005-14 to change the fees for mowing noxious weeds/vegetation.
4.
Discussed Prop Ord #2005-15 which would allow the City to assess delinquent water bills
to the property taxes of the property owner.
5.
Proposed Resolutions #2005-11 and #2005-12 were discussed.
6.
Went over Prop Res #2005-13 to assess the cost of mowing to 374 North River Road.
7.
Prop Res #2005-07 regarding the purchase of 19 Munroe Falls Avenue was not discussed
during the committee meeting, but Mrs. Case said that her feeling is to not buy the property on the
chance of turning it around for development.
Mr. Schneider asked if there was ever an appraisal on the combined properties of 19 Munroe Falls
Avenue and 9 South Main Street. He said that he is worried that the property is a white elephant.
Mr. Beesley said that we aren’t in a great financial position to be spending the money right now,
but he would like to see the appraisal before voting on the legislation. He asked if this legislation
could be moved to Ordinances Taking Time. Mrs. Cingle said yes, the legislation could be moved
by vote.
Mayor Larson said that there is no time limit on this offer, so the legislation could be tabled. Mr.
Morrison explained that while there is no time limit, the seller could withdraw the offer at anytime
until the offer is formally accepted.
5
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
Mr. Bertsch said that with Council’s fears, he would be inclined to vote to table the legislation at
this time and get an appraisal. Mr. O’Donnell agreed.
Mr. Morrison explained that we have an appraisal of 19 Munroe Falls Avenue, but we don’t have
an appraisal of the bank property or the two properties combined. He said that his opinion is that if
you want to base your vote on the appraisal of the two properties combined, then Council should
pay for a professional appraisal.
Mrs. Cingle asked about the $40,000 being refunded by Exxon Mobil. Mr. Morrison explained the
details.
Mayor Larson said that if Council wants an appraisal, it will be done. Mrs. Case said that she
would like to move this legislation to Resolutions Taking Time until Council gets further details.
Mrs. Cingle said that after we get the $40,000 refunded, we would get the property for $105,000
and she thinks that’s a pretty good deal. She further explained that City Council has wanted that
property for many years for the further development of the downtown area.
Mr. Beesley said that he would feel better about voting on this issue if he had further information.
8.
Check registers dated June 14, 21 and 30, 2005 were reviewed and discussed during the
Council meeting. Questions were:
1.
Register dated 6/14 – Mr. Beesley asked about payment for psychological
testing. Mr. Bailey explained that those expenses are for police officers.
2.
Mrs. Cingle asked for the total amount spent on advertising for the Police
Chief position. Mr. Bailey said that he placed two ads (Sunday) in the Akron Beacon Journal. He
said that he didn’t have the exact numbers in front of him but it was approximately $350.00 each.
3.
Register dated 6/14 – Mrs. Cingle asked about Great Lakes Petroleum. Mr.
Bailey said that it used to be BP, but the name has changed.
4.
Register dated 6/14 – Mr. Beesley asked about costs of concrete repairs.
Mayor Larson explained that it was a City owned sidewalk and Mr. Morrison had determined that
repairs were the City’s responsibility. Mr. Walkenshaw explained that if it would have been the
resident’s responsibility the City would have charged $75.00 for a 3’ x 5’ panel.
Mrs. Case asked if that charge of $75.00 is in the Codified Ordinances. Mr. Morrison said that it is
not in the Codified Ordinances. Mrs. Case suggested that it be added to the legislation so that the
charge would be legal. Mr. Morrison spoke of the draft sidewalk ordinance and explained that
those charges are defined in that legislation.
5.
Register dated 6/21 – Mrs. Case asked about the cost of curb replacement.
Mr. Walkenshaw explained that it was a curb on Trudy Avenue near the Crooked River Grill.
9.
10.
The bank statement of May 2005 was reviewed.
The Youth Diversion Program costs and grant were discussed.

Mrs. Case made a motion to approve the check registers dated June 14, 21 and 30, 2005.
Mrs. Beesley seconded the motion.
Roll call:
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider – yes
Mr. O’Donnell – yes
Mrs. Case – yes
Mrs. Cingle – yes
6
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
The motion passed.

Mrs. Case made a motion to approve the May 2005 bank statement. Mr. Bertsch seconded
the motion.
Roll call:
Mr. Schneider – yes
Mr. O’Donnell – yes
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mrs. Cingle – yes
The motion passed.
General Government Services:
1.
Prop Ords #2005-16 and #2005-17 regarding maximum age for Police and Fire
Departments was discussed.
2.
Discussed Prop Res #2005-10 regarding the sale of the Wilbur Drive property.
3.
Prop Ord #2005-18 establishing a mayoral primary was discussed. This legislation will be
amended at the next Council meeting in order to make some of the language more clear.

Mr. Schneider made a motion to declare a desktop computer, whose value is less than
$1,000.00, as surplus and authorizing disposal of the same as requested and recommended by
the Finance Director. Mrs. Case seconded the motion.
Roll call:
Mr. O’Donnell – yes
Mr. Bertsch – yes
Mr. Schneider – yes
Mr. Beesley – yes
Mrs. Case – yes
Mrs. Cingle – yes
The motion passed.
Public Safety:
This committee has not met since the last Council meeting.
1.
Proposed Resolutions #2005-11 and #2005-12 regarding the change to the 800 MHz
system were discussed.
Economic Development:
This committee has not met since the last Council meeting.
1.
The next Task Force meeting will be Monday, July 11, 2005 at 7:00 p.m. The agenda will
center around building a plan for “land banking”.
2.
Dottie Achmoody has been named the SMF Chamber of Commerce Business Person of
the Year.

Mr. Bertsch made a motion to confirm the Mayor’s appointment of Dave Lovette to the
Planning Commission to fill the vacancy of Dennis Crossen. Mrs. Case seconded the motion.
Roll call:
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider – yes
Mr. O’Donnell – yes
Mrs. Cingle – yes
The motion passed.
Parks & Recreation:
Julie Rohrich reported for the Park board.
7
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
1.
Invitations for the Vintage Baseball team have been sent. RSVPs to Mrs. Locy at City Hall.
The SMFHS Baseball team will be joining the Rapids team this year. Explained that the Park
Board is asking each player to commit to playing two (2) innings.
2.
Asked for an update on the Dam Modification Project.
Mr. Morrison explained that we are waiting for the County to pick up their permits with proof that
the conditions have been met. He went over the conditions and listed which ones have been
complied with and which ones have not. He explained that County is now taking the position that if
they don’t have enough money to finish the project, then they don’t have to do the streambank
restoration. Mr. Morrison said that according to the Finkbinder Report it could cost $2M to restore
the streambanks.
Mayor Larson added that the EPA signed an agreement to alter the original agreement. The
altered agreement says that Summit County is not responsible for streambank restoration.
Mrs. Cingle read from an article that appeared in the Stow Sentry that stated that Summit County
is still responsible for the restoration. She said that she is surprised that the Administration has not
contacted Mr. Ziwicki at the EPA to get the facts straight. Mrs. Cingle further discussed the dam
projects in Kent and Chagrin Falls. She said that Mr. Ziwicki showed pictures of the natural
restoration that occurred at those locations.
Mr. Morrison clarified that we are asking Summit County to acknowledge that they will be
responsible, as required in the 401 and 410 permits.
PERSONS TO APPEAR BEFORE COUNCIL
1.
Bill Mites(?), River Park Estates – mentioned that the Crime Watch organization in his
allotment was not notified of the vehicles being broken into or any of the other offenses the Mayor
mentioned in his report. He commended Officers Dietz and Alestock for their excellent work.
PROPOSED LEGISLATION
Ordinances for 1st Reading:
Prop Ord #2005-13
AN ORDINANCE AMENDING THE 2005 APPROPRIATION
ORDINANCE #48-2004, AND DECLARING AN
EMERGENCY.

Mrs. Case made a motion to suspend the rules and omit all further readings of Proposed
Ordinance #2005-13. Mr. O’Donnell seconded the motion.
Roll call:
Mr. O’Donnell – yes
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider – yes
Mrs. Cingle – yes
The motion passed.

Mrs. Case made a motion to adopt Proposed Ordinance #2005-13. Mr. Beesley seconded
the motion.
Roll call:
Mr. O’Donnell – yes
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider – yes
Mrs. Cingle – yes
8
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
The Ordinance was adopted and assigned permanent number #11-2005.
Prop Ord #2005-14
AN ORDIANCE AMENDING SECTION 521.15, WEEDS, OF
THE GENERAL OFFENS OF THE CODIFIED ORDINANCES
OF THE CITY OF MUNROE FALLS, AND DECLARING AN
EMERGENCY.

Mrs. Case made a motion to suspend the rules and omit all further readings of Proposed
Ordinance #2005-14. Mr. O’Donnell seconded the motion.
Roll call:
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider – yes
Mr. O’Donnell - yes
Mrs. Case – yes
Mrs. Cingle – yes
The motion passed.

Mr. O’Donnell made a motion to adopt Proposed Ordinance #2005-14. Mrs. Case
seconded the motion.
Roll call:
Mr. Schneider – yes
Mr. O’Donnell – yes
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mrs. Cingle – yes
The ordinance was adopted and assigned permanent number #12-2005.
Prop Ord #2005-15
ANORDINANCE AMENDING SECTION 921.03, RATES AND
CHARGES, OF THE CODIFIED ORDINANCES OF THE
CITY OF MUNROE FALLS, AND DECLARING AN
EMERGENCY.

Mrs. Case made a motion to suspend the rules and omit all further readings of Proposed
Ordinance #2005-15. Mr. O’Donnell seconded the motion.
Roll call:
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider - yes
Mr. O’Donnell – yes
Mrs. Cingle – yes
The motion passed.

Mrs. Case made a motion to adopt Proposed Ordinance #2005-15. Mr. Schneider
seconded the motion.
Roll call:
Mr. Bertsch – yes
Mr. Schneider – yes
Mr. O’Donnell – yes
Mrs. Case – yes
Mr. Beesley – yes
Mrs. Cingle – yes
The Ordinance was adopted and assigned permanent number #13-2005.
Prop Ord #2005-16
AN ORDINANCE ENACTING SECTION 151.05, MAXIMUM
AGE FOR ORIGINAL APPOINTMENT, IN CHAPTER 151,
DIVISION OF POLICE OF THE CODIFIED ORDINANCES
9
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
OF THE CITY OF MUNROE FALLS, AND DECLARING AN
EMERGENCY.

Mr. Schneider made a motion to suspend the rules and omit all further readings of
Proposed Ordinance #2005-16. Mr. Bertsch seconded the motion.
Roll call:
Mr. O’Donnell – yes
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider - yes
Mrs. Cingle – yes
The motion passed.

Mr. Schneider made a motion to adopt Proposed Ordinance #2005-16. Mrs. Case
seconded the motion.
Roll call:
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider – yes
Mr. O’Donnell – yes
Mrs. Cingle – yes
The Ordinance was adopted and assigned permanent number #14-2005.
Prop Ord #2005-17
AN ORDINANCE ENACTING SECTION 153.03, MAXIMUM
AGE FOR ORIGINAL APPOINTMENT, IN CHAPTER 153,
DIVISION OF FIRE OF THE CODIFIED ORDINANCES OF
THE CITY OF MUNROE FALLS, AND DECLARING AN
EMERGENCY.

Mr. Schneider made a motion to suspend the rules and omit all further readings of
Proposed Ordinance #2005-17. Mr. O’Donnell seconded the motion.
Roll call:
Mr. Bertsch – yes
Mr. Schneider – yes
Mr. O’Donnell – yes
Mrs. Case - yes
Mr. Beesley – yes
Mrs. Cingle – yes
The motion passed.

Mr. Schneider made a motion to adopt Proposed Ordinance #2004-17. Mr. Beesley
seconded the motion.
Roll call:
Mr. O’Donnell – yes
Mrs. Case - yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider – yes
Mrs. Cingle – yes
The Ordinance was adopted and assigned permanent number #15-2005.
Prop Ord #2005-18
AN ORDINANCE PROVIDING FOR THE SUBMISSION TO
THE ELECTORS OF THE CITY OF MUNROE FALLS OF AN
AMENDMENT TO THE CHARTER OF THE CITY OF
MUNROE FALLS, BY AMENDING ARTICLE XIX,
NOMINATIONS AND ELECTIONS, BY AMENDING
SECTION 19.01 NOMINATIONS TO PROVIDE FOR A
10
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
NONPARTISAN PRIMARY ELECTION FOR THE OFFICE
OF MAYOR, AND DECLARING AN EMERGENCY.
This was a first reading only.
Ordinances for 2nd Reading: None
Ordinances for 3rd Reading: None
Ordinance Taking Time:
Prop Ord #2004-40
AND ORDINANCE AMENDING SECTIONS 1161.02,
1175.02, 1175.03, 1175.04, 1175.06, 1175.08, 1175.11,
1329.15, 1329.16, 1329.23 AND 1329.28, IN THE ZONING
CODE AND BUILDING CODE OF THE CITY OF MUNROE
FALLS, AND DECLARING AN EMERGENCY.

Mr. O’Donnell made a motion to return Proposed Ordinance #2004-40 to the agenda. Mrs.
Case seconded the motion.
Discussion – Mr. Schneider asked where this legislation would fall on the agenda. Mr. Morrison
explained that it would be returning to the agenda under Ordinances for 3rd Reading.
Roll call:
Mr. O’Donnell – yes
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider – yes
Mrs. Cingle – yes
The motion passed and Proposed Ordinance #2004-40 was returned to the agenda under
Ordinances for 3rd Reading.
Prop Ord #2004-42
AN ORDINANCE AMENDING SECTION 1143.07 OF THE
PLANNING AND ZONING CODE IN THE CODIFIED
ORDINANCES OF THE CITY OF MUNROE FALLS TO
REMOVE THE RESTRICTION ON THE PARKING OF
RECREATIONAL VEHICLES IN ALL RESIDENTIAL
DISTRICTS, AND DECLARING AN EMERGENCY.
Prop Ord #2005-10
AN ORDINANCE ENACTING CHAPTER 1327,
REGISTRATION OF CONTRACTORS, IN THE BUILDING
CODE OF THE CITY OF MUNROE FALLS, AND
DECLARING AND EMERGENCY.
Resolutions for 1st Reading:
Prop Res #2005-10
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
INTO A CONTRACT FOR THE SALE OF 2.322-ACRES OF
VACANT LAND, SPECIFICALLY PARCEL #5801335, AT
THE FIXED PRICE OF $24,000.00 PLUS CLOSING COSTS,
AND DECLARING AN EMERGENCY.

Mrs. Case made a motion to suspend the rules and omit all further readings of Proposed
Resolution #2005-10. Mr. O’Donnell seconded the motion.
Roll call:
Mr. Beesley – yes
Mr. Schneider – no
Mrs. Case – yes
11
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
Mr. Bertsch – yes
Mr. O’Donnell - yes
Mrs. Cingle – yes
The motion failed per Munroe Falls Charter Article 6, Section 6.02.
This was a first reading only.
Prop Res #2005-11
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
INTO A COUNCIL OF GOVERNMENTS
ARRANGEMENT/AGREEMENT WITH REGARDS TO A
REGIONAL DISPATC SYSTEM AND TO INCUR EXPENSES
OF NOT MORE THAN $5,000.00, AND DECLARING AN
EMERGENCY.

Mr. O’Donnell made a motion to suspend the rules and omit all further readings of
Proposed Resolution #2005-11. Mrs. Case seconded the motion.
Roll call:
Mr. Schneider – yes
Mr. O’Donnell – yes
Mrs. Case – yes
Mr. Beesley - yes
Mr. Bertsch – yes
Mrs. Cingle – yes
The motion passed.

Mrs. Case made a motion to adopt Proposed Resolution #2005-11. Mr. O’Donnell
seconded the motion.
Roll call:
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider - yes
Mr. O’Donnell – yes
Mrs. Cingle – yes
The resolution was adopted and assigned permanent number #08-2005.
Prop Res #2005-12
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
INTO A USER AGREEMENT WITH SUMMIT COUNTY AND
THE CITY OF AKRON RELATIVE TO THE REGIONAL 800
MHz RADIO SYSTEM AND TO APPLY FOR GRANT
MONIES FOR SAME, AND DECLARING AN EMERGENCY.

Mr. Beesley made a motion to suspend the rules and omit all further readings of Proposed
Resolution #2005-12. Mrs. Case seconded the motion.
Roll call:
Mr. Bertsch – yes
Mr. Schneider – yes
Mr. O’Donnell – yes
Mrs. Case - yes
Mr. Beesley – yes
Mrs. Cingle – yes
The motion passed.

Mrs. Case made a motion to adopt Proposed Resolution #2005-12. Mr. Bertsch seconded
the motion.
Roll call:
Mr. O’Donnell – yes
Mr. Beesley – yes
Mr. Schneider - yes
12
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
Mrs. Case – yes
Mr. Bertsch – yes
Mrs. Cingle – yes
The resolution was adopted and assigned permanent number #09-2005.
Prop Res #2005-13
A RESOLUTION APPROVING PAYMENT FOR CITY
LABOR AND SERVICES FOR CUTTING NOXIOUS WEEDS
AND VEGETATION PURSUANT TO CODIFIED
ORDINANCE SECTION 521.15, DECLARING AN
EMERGENCY.

Mrs. Case made a motion to suspend the rules and omit all further readings of Proposed
Resolution #2005-13. Mr. O’Donnell seconded the motion.
Roll call:
Mr. O’Donnell – yes
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider - yes
Mrs. Cingle – yes
The motion passed.

Mrs. Case made a motion to adopt Proposed Resolution #2005-13. Mr. Beesley seconded
the motion.
Roll call:
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider - yes
Mr. O’Donnell – yes
Mrs. Case – yes
Mrs. Cingle – yes
The resolution was adopted and assigned permanent number #10-2005.
Resolutions for 2nd Reading:
Prop Res #2005-09
A RESOLUTION DECLARING THE NECESSITY TO
ASSESS THE COST OF STREET LIGHTING WITHIN THE
CITY OF MUNROE FALLS, OHIO, TO WIT: GUISE PARK
DRIVE, CASTLE DRIVE, BERMONT AVENUE, LINDSEY
ROAD, OAKHURST DRIVE, LUDEN AVENUE, PINEHURST
ROAD, STEEPLECHASE LANE, BUTTEVANT DRIVE,
VALENTINE’S
BROOK,
BELMONT
PARK
DRIVE,
CHELTENHAM LANE, AINTREE DRIVE, SAINT LEGER
STREET,
SANDOWN
LANE,
BECHER’S
JUMP,
CRESTVIEW DRIVE, RIVER PARK BOULEVARD, WILLOW
GROVE DRIVE, SPRING GARDEN DRIVE, GLENSIDE
DRIVE, PARK RIDGE DRIVE, MAPLEBROOK CIRCLE,
BUCKEYE CIRCLE, RIVERDALE CIRCLE, RIVER PARK
CIRCLE, MUNROE FALLS AVENUE, RUSTIC TERRACE
AND CARLYON ROAD.
This was a second reading only.
Resolutions for 3rd Reading:
Prop Res #2005-07
A RESOLUTION AUTHORIZING THE MAYOR TO
PURCHASE CERTAIN REAL PROPERTY LOCATED AT 19
MUNROE FALLS AVENUE AT THE COST OF $150,000.00
13
RECORD OF PROCEEDINGS
CITY OF MUNROE FALLS REGULAR COUNCIL MEETING
HELD TUESDAY, JULY 5, 2005 AT 8:00 P.M.
PLUS CLOSING COSTS, AND DECLARING AN
EMERGENCY.

Mrs. Case made a motion to move Proposed Resolution #2005-07 to Resolutions Taking
Time. Mr. O’Donnell seconded the motion.
Discussion – Mrs. Cingle said that she would like to see some kind of analysis by the next Council
meeting.
Roll call:
Mr. Schneider - yes
Mr. O’Donnell – yes
Mrs. Case – yes
Mr. Beesley - yes
Mr. Bertsch – yes
Mrs. Cingle – yes
The motion passed.
Old Business: None
New Business: None
Adjourn to Executive Session:

Mr. O’Donnell made a motion to adjourn to Executive Session to discuss possible litigation.
Mr. Schneider seconded the motion.
Roll call:
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider - yes
Mr. O’Donnell – yes
Mrs. Cingle – yes
The motion passed and the regular Council meeting adjourned to Executive Session at 10:08 p.m.
Reconvene to Regular Council meeting:

Mrs. Case made a motion to reconvene the Regular Council meeting. Mr. Schneider
seconded the motion.
Roll call:
Mr. Bertsch – yes
Mr. Schneider – yes
Mr. O’Donnell – yes
Mrs. Case - yes
Mr. Beesley – yes
Mrs. Cingle – yes
The motion passed and the Regular Council reconvened at 10:18 p.m.
Adjournment:

Mrs. Case made a motion to adjourn the meeting. Mr. Schneider seconded the motion.
Roll call:
Mr. O’Donnell – yes
Mrs. Case – yes
Mr. Beesley – yes
Mr. Bertsch – yes
Mr. Schneider – yes
Mrs. Cingle – yes
The motion passed and the meeting adjourned at 10:19 p.m.
President of Council
Deputy Clerk of Council
14
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