PUBLIC
HEARING August 21,
2000
The Public Hearing was called to order at 6:35PM by Mayor Reed. Council members Mr. Britton, Mr. Burgard, Mr. Evangelista, Mrs. Kopczak, Mr. Loparo and Mr. Smith were present. Also in attendance were Clerk Treasurer Butler, Solicitor Collins, Engineer Foley, Administrator Sample and Chief Matty.
The Public Hearing was
associated with Ordinance No. 48-2000, and the resulting request of J.W.
Betteley Building Co. to rezone ten acres near Edwards Street from Limited
Industrial to Multiple Family Residential.
A question and answer period followed.
Bob Provost, Forsight
Engineering, spoke on behalf of J.W. Betteley Builders to request the rezoning
of the 10-acre parcel. Mr. Provost
stated that this request is a continuation of a project started by J.W. Betteley
about 3 ½ years ago and is known today as Sweet Brier Condominiums.
The last 10 acres are now ready to be constructed as Multiple Family
Residential. Mr. Provost presented
a petition signed by 40 plus residents of Sweet Brier, expressing their favor of
the rezoning and completion of the project.
Paul Cook, 3-year resident
of Sweet Brier, spoke with regard to his written letter of August 2, 2000 to
Council. The letter was
written favoring the
rezoning, however, Mr. Cook asked that the rezoning be withheld pending property
owners’ satisfaction of responsiveness and accountability with after sale
service. He stated that the Sweet
Brier Condominiums had many unresolved problem areas.
Elizabeth Porcello, 124
Woodbine Oval, explained that her foundation collapsed approximately two months
ago. Although this has been a serious problem, Mrs. Porcello commended Betteley
for their support of the situation. Mrs.
Porcello is pleased that the parcel on Edwards Street is ready for development.
Mrs. Porcello stated that she is very satisfied with J.W. Betteley’s
service.
Craig Deakins, 813
Cornflower Lane, stated that he too, is in favor of the rezoning of the 10
acres, however he would like to see all construction completed before beginning
development of the 10-acre parcel. Mr.
Provost responded that all underground work and roadwork would be completed
prior to development of the 10 acres.
Christine Cook stated the
Realtor told her that by spring of next year, her portion of the development
would be 75% complete.
Paul Cook, again asked if
Betteley had anything in place with regard to the after sale service.
Administrator Sample
responded that the Village has no bearing on the private contractor and the
homeowner and cannot become involved in private issues.
Solicitor Collins explained that if J.W. Betteley has met all legal
requirements, Council cannot use this
as leverage alone and the
Village cannot deny them. Mayor
Reed stated that due to the Ordinance requiring a three reading rule, time
permits Council inviting Kirk Betteley to meet with and share resident’s
concerns. Discussion continued.
Mr. Evangelista motioned for
adjournment at 7:05PM. Mr. Burgard
seconded. All present were in
favor.
Mayor Reed called the meeting to order at 7:12PM. Council members Mr. Britton, Mr. Burgard, Mr. Evangelista, Mrs. Kopczak, Mr. Loparo and Mr. Smith were present. Also in attendance were Clerk Treasurer Butler, Solicitor Collins, Engineer Foley, Administrator Sample and Chief Matty.
Mayor Reed asked all in attendance to join him in the Pledge of Allegiance.
Mr. Evangelista motioned to approve the minutes of the August 7th Public Hearing and Regular Meeting. Mr. Burgard seconded. A correction was noted and Mr. Evangelista motioned to approve as amended. Mrs. Kopczak seconded. All present were in favor.
Clerk Treasurer Butler presented Pay Order No. 1985 totaling $62,822.99 for approval. Mr. Evangelista motioned for approval. Mr. Loparo seconded. All present were in favor.
VISITORS
Don Jacobson, 34 Eagle Street, presented Council with questions regarding excessive noise by young adult residents and “go cart”
racers in his neighborhood. Chief Matty suggested that Mr. Jacobson notify the Madison Village Police Department. Solicitor Collins stated that Ordinance No. 45-2000, pertaining to noise levels and disturbances, would apply to this situation.
Tanya Remec, 601 Jonquil, asked Council why Madison residents were unable to obtain a Cleveland telephone line. Mr. Loparo
responded that this was a question for Ameritech and/or the PUCO.
OLD BUSINESS
ORDINANCE
NO. 41-2000 was read by Solicitor
Collins for the third time. AN ORDINANCE
AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT A GOVERNMENTAL ELECTRICITY
AGGREGATION PROGRAM WITH OPT-OUT PROVISIONS PURSUANT TO OHIO REVISED CODE,
SECTION 4928.20, DIRECTING THE LAKE COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT
QUESTION TO THE ELECTORS REGARDING SAME AND DECLARING AN EMERGENCY.
Mr. Evangelista motioned for passage.
Mr. Britton seconded. All
present were in favor.
ORDINANCE
NO. 44-2000 was read by Solicitor
Collins for the second time. AN
ORDINANCE AMENDING ORDINANCE NO. 33-1996, AS AMENDED, THE ZONING CODE OF THE
VILLAGE OF MADISON, BY MODIFYING SECTION 5.2 THEREOF RELATING TO MINIMUM LOT
AREA PER FAMILY DWELLING UNIT, MINIMUM RESIDENTIAL FLOOR AREA PER DWELLING AND
MULTIPLE FAMILY REQUIREMENTS.
ORDINANCE
NO. 45-2000 was read by Solicitor
Collins for the second time. AN ORDINANCE PROHIBITING CERTAIN NOISE LEVELS AND NOISE DISTURBANCES AND
PROVIDING A PENALTY FOR VIOLATIONS THEREOF. Discussion followed.
Mr. Loparo motioned to suspend the three reading rule.
Mr. Britton seconded. Discussion
continued.
All present were in favor
except Mrs. Kopczak who voted against the suspension. Mr. Loparo motioned for passage.
Mr. Britton seconded. All
present were in favor except Mrs. Kopczak who voted against passage.
NEW
BUSINESS:
ORDINANCE NO. 47-2000 was read by Solicitor Collins for the first time. AN ORDINANCE PROVIDING FOR ADDITIONAL APPROPRIATIONS AND ADJUSTMENTS TO VARIOUS LINE ITEMS FOR THE CURRENT EXPENSES AND FOR OTHER EXPENDITURES OF THE VILLAGE OF MADISON, OHIO, FOR THE PERIOD BEGINNING JANUARY 1, 2000, TO AND INCLUDING DECEMBER 31, 2000, AND DECLARING AN EMERGENCY. Administrator Sample and Clerk Treasurer Butler gave an explanation of the Ordinance. Discussion followed. Mr. Smith motioned to suspend the three reading rule. Mr. Burgard seconded. All present were in favor except Mrs. Kopczak who voted against the suspension. Mr. Smith motioned for passage. Mr. Burgard seconded. All present were in favor except Mrs. Kopczak who voted against passage.
ORDINANCE NO. 48-2000 was read by Solicitor
Collins for the first time. AN
ORDINANCE AMENDING ORDINANCE NO. 33-1996, AS AMENDED, AND THE DISTRICT MAP AND
DISTRICT MAP DESIGNATIONS WHICH FORM A PART OF THE ZONING CODE OF THE VILLAGE OF
MADISON BY CHANGING THE LAND USE OF AND REZONING A PARCEL OF REAL PROPERTY
LOCATED NEAR EDWARDS STREET AND KNOWN AS PERMANENT PARCEL NO. 2A-8-18, IN
MADISON VILLAGE, FROM “M-1” LIMITED INDUSTRY DISTRICT TO “R-3” MULTIPLE
FAMILY RESIDENT DISTRICT.
RESOLUTION 18-2000 was read by Solicitor Collins. A RESOLUTION ACCEPTING A GIFT OF THREE ENGRAVED STONES IN HONOR AND MEMORY OF SAM BRITTON, SR., CHARLIE BROTZMAN AND RED BURNHEIMER, AND EXPRESSING THANKS AND GRATITUDE TO MEMORIALS BY BEHM. Mr. Smith motioned for passage. Mr. Britton seconded. All present were in favor.
COUNCIL REPORTS
Mrs. Kopczak stated that
she had spoken to Mr. Pirc, C.I.R., Inc., who was waiting for generation of a
pay estimate for Park Street from CT Consultants. Engineer Foley responded that it had been generated and
mailed.
Mr. Evangelista
announced that the Regular Meeting of the Madison Recreation District would be
held on Thursday, August 24th at the Bill Stanton Community Park.
The public is welcome.
Mr. Evangelista also
noted that Chuck Overberger is planning to install a reflection area, chair,
paver bricks and minor landscaping at Fairview Cemetery as a Boy Scout Eagle
Project. Upon completion of the
layout, the plan will be presented to Council and Mayor Reed for approval.
Announcement was made of
Madison High School’s first home football game of the season.
It will be held this Friday, August 25th at 7:30PM.
Go Blue Streaks!
ENGINEER’S REPORT
Bids for the replacement
of Union and Eagle Street waterlines were received on Friday, August 18th.
Four bids were received and the job was awarded to C.I.R.
Mr. Foley’s recommendation was to accept the total bid of
$127,020. Not only were
their construction costs $2,000 less than the others, but also C.I.R.’s
knowledge of the Village water system is greater.
Chris Valletto with
Vallen Contractors spoke briefly regarding the bid award.
Mr. Valletto’s interpretation was that the mandays would be considered
in the price of the bid. He noted that Vallen was willing to begin the job
immediately, as well. Mr. Valletto
stated that Vallen Contractors would like to do work for the Village of Madison
and prove their capability by asking for a fair vote from Council.
ORDINANCE NO. 49-2000 was read by Mr. Collins for the first time. AN ORDINANCE ACCEPTING THE BID OF, AND AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND CLERK-TREASURER TO ENTER INTO A CONTRACT WITH, CIR, INC., FOR THE UNION STREET/EAGLE STREET WATERLINE REPLACEMENT PROJECT.
Mr. Smith motioned to
suspend the three reading rule. Mr.
Evangelista seconded. All present
were in favor. Mr. Smith motioned
for passage.
Mr. Evangelista seconded. All
present were in favor.
Mayor Reed thanked
Mr. Valletto for speaking on behalf of Vallen Contractors, Inc. and
encouraged their bid on future jobs.
The Water Tower Drive
Project continues with the excavation and preparation of the paving project.
The River Street Sanitary Sewer Project began several weeks ago and
continues toward the I90 Right of Way.
SAFETY REPORT
Chief Matty requested
approval for three officers to attend the Quick Action Deployment class on
September 7th at Lakeland Community College.
The total cost for all three officers to attend is $300.
He also requested approval for Officer Blackstock to attend the annual
two-day Hostage Negotiator Seminar in Columbus, Ohio.
Expenses include two night’s hotel costs, cost of the seminar and two
meals. Mr. Britton motioned for approval of both requests.
Mrs. Kopczak seconded. All
present were in favor.
Administrator Sample
noted that the advertised open bid for the Madison Village Police Department
vehicle is September 8th.
.
ADMINISTRATOR’S REPORT
Administrator Sample
noted Planning Commission’s recommendation to rezone four property owner’s
land portions thereof from “M-l” Limited Industry and “ M-2” General
Industry to “R-1” Single Family. This
property is north of the railroad tracks and involves approximately two hundred
acres. It is also recommended that
a Public Hearing be scheduled for October 2nd at 6:30PM in the
Council Chambers. Mr. Evangelista
motioned for approval. Mr. Burgard
seconded. All present were in
favor.
The Road Department will
be completing approximately 150 feet of sidewalk repairs to areas just north of
Perfection, portions on Parkway and West Main Street within the next few weeks.
Prior to the next
Council meeting road repairs on
River St. and North Lake St. will begin.
Administrator Sample
explained the need for repairs at the railroad crossing due to the unevenness of
the tracks. Quotes received to
replace the asphalt on the railroad tracks range from $10,000 to $12,600.
These repairs were not budgeted and require Council’s approval.
Discussion followed. Mr.
Britton motioned for approval. Mr.
Evangelista seconded. All present
were in favor except Mrs. Kopczak who voted against approval.
Administrator Sample
noted that the cost of the acorn style lamp heads recently placed on the South
side of Main Street is $6.14 per lamp per month. He recommended that the colonial lamp heads on the North side
of Main Street and those on North Lake Street be replaced with the acorn style
lamp heads. There are approximately
20 –23 lamps involved. Discussion
followed. Mr. Evangelista motioned
for approval. Mr. Britton seconded.
All present were in favor except Mrs. Kopczak who voted against approval.
Mr. Foley recommended that Council consider adding $36,976.80 to Pay Ordinance No. 1985 for C.I.R.’s payment that is due. Discussion followed. Mr. Britton motioned for approval. Mrs. Kopczak seconded. All present were in favor.
MAYOR’S REPORT
Mayor Reed noted the
Press Release issued by the Madison Senior Center regarding the Driver Refresher
Course offered by AARP on September 9th and September 16th
from 8:00AM to 12:00PM. This course will be conducted at the Madison Senior
Center and will be directed by Patrolman Robert Verdi.
Any licensed driver, 50 years of age and over, is invited to attend.
Motion for adjournment
to an executive session to discuss pending litigation was made by Mr. Smith at
8:45PM. Mr. Evangelista seconded.
All present were in favor.