PUBLIC
HEARING
October 2, 2000
The Public Hearing was called to order at 6:38PM by Mayor Reed. Council members 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 represented changes relative to rezoning 200 acres of Village property from Districts “M-1” and “M-2 “ to “R-1”. Representatives and owners of the property and residents of the community were in attendance. Mayor Reed asked those in attendance for comments and concerns.
Mark Vest, 717 West Main Street, stated that he is opposed to the rezoning because it would significantly reduce the tax versification and put more tax burden on the residents of the Village. He also stated that this change would cause a 50% loss of undeveloped industrial land in the village and cut the chances of any tax relief for schools.
Larry Buck, 881 West Main Street, is also opposed to the rezoning. Mr. Buck feels that property owners adjacent to new developments get no support from Village officials. He stated that no new development should occur until current problems are addressed and resolved.
Mark Mackovjak, owner of property at 480 West Main Street, is opposed to the rezoning. Infrastructure demands, sewage demands, watermain extensions, etc. are his major concern.
Mr. Loparo commented on Mr. Vest’s opposition to the rezoning. Mr. Loparo believes the tax base would be stabilized by changing the zoning to “R-1”. He stated that by having single family homes in an area producing taxes, rather than empty buildings or vacant land, the tax base would actually be stimulated and increased. He also feels that relocating the industrial base to the interstate highway would eliminate traffic problems. Discussion followed.
Mrs. Kopczak stated that because of the noise factor, she felt that building of homes along the railroad tracks was preposterous. She also stated that she is appalled to think that the Village of Madison would develop land in order to obtain a portion of a resident’s income for tax purposes.
Mr. Burgard motioned for adjournment of the Public Hearing at 7:00PM. Mrs. Kopczak seconded. All present were in favor.
Mayor Reed invited all in attendance to join in the Pledge of Allegiance.
Mayor Reed called the meeting to order at 7:13PM. 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.
Mr. Britton motioned to approve the minutes of the September 18th Regular Meeting with the exception of a correction to his comments under Council Reports. Mr. Evangelista seconded. All present were in favor except Mr. Loparo and Mr. Smith, who abstained.
Clerk-Treasurer Butler presented Pay Order No. 1987 totaling $206,396.99 for approval. Mr. Evangelista motioned for approval. Mr. Burgard seconded. All present were in favor.
VISITORS
None
Mayor Reed welcomed Don Bartlett, Planning Commission; Steve Toward and Mark Vest, Board of Zoning Appeals, and thanked them for attending.
OLD BUSINESS
ORDINANCE NO. 48-2000 was read by Solicitor Collins for the third 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. Mr. Britton motioned for passage. Mr. Evangelista seconded. Mr. Burgard and Mr. Loparo voted in favor of passage. All others present voted against passage. The Ordinance failed 2 to 4.
ORDINANCE NO. 49-2000 was read by Solicitor
Collins for the second time. AN
ORDINANCE APPROVING THE FINAL PLAT AND THE FINAL IMPROVEMENT PLANS OF THE R.W.
SIDLEY PROPERTY SUBDIVISION, PHASE 1.
ORDINANCE NO. 50-2000 was read by Solicitor Collins for the second time. AN ORDINANCE ACCEPTING THE BID OF, AND AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR AND CLERK-TREASURER TO ENTER INTO A CONTRACT WITH, WARREN-MEECE AUTOMOTIVE, FOR THE PURCHASE OF A 2001 FORD EXPLORER 4X4 XLT FOR USE BY THE MADISON VILLAGE POLICE DEPARTMENT. The net price is $23,620 after trade-in. Mr. Britton motioned to suspend the three reading rule. Mr. Smith seconded. All present were in favor. Mr. Britton motioned for passage. Mr. Burgard seconded. All present were in favor.
ORDINANCE NO. 51-2000 was read by Solicitor Collins for the second time. AN ORDINANCE AUTHORIZING THE VILLAGE ADMINISTRATOR AND CLERK-TREASURER TO EXECUTE A CONTRACT WITH AMERICAN INTERNATIONAL CORPORATION FOR INSTALLATION OF A STORM SEWER ON DAYTON ROAD IN MADISON VILLAGE. Mr. Loparo motioned to suspend the three reading rule. Mr. Burgard seconded. All present were in favor. Mrs. Kopczak motioned for passage. Mr. Evangelista seconded. All present were in favor.
ORDINANCE NO. 52-2000
was read by Solicitor Collins for the second time.
AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE ADMINISTRATOR
AND CLERK-TREASURER TO ENTER INTO AN AGREEMENT WITH THE MORTON SALT COMPANY TO
PURCHASE ROAD SALT FOR WINTER MAINTENANCE OF THE STREETS IN MADISON VILLAGE.
The price is $31.60 per ton. Mr.
Burgard 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.
Solicitor Collins noted that ORDINANCE NO. 44-2000 was read for the third time at the September 18th meeting. Roll call vote was taken and the Ordinance received three “yes” votes and one “no” vote. Solicitor Collins’ legal opinion is that the Ordinance failed and the record should so reflect.
Mr. Britton motioned to request another Public Hearing on December 4th, 2000 at 6:30PM relating to the density issues in the multi-family districts. Mr. Evangelista seconded. All present were in favor except Mrs. Kopczak, who voted against holding another Public Hearing.
NEW
BUSINESS
ORDINANCE NO. 53-2000
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 CERTAIN
PARCELS OF REAL PROPERTY LOCATED NEAR EDWARDS STREET IN MADISON VILLAGE,
CONSISTING OF APPROXIMATELY 200 ACRES OF LAND, FROM “M-1” LIMITED INDUSTRY
DISTRICT AND “M-2” GENERAL INDUSTRY DISTRICT TO “R-1” SINGLE FAMILY
RESIDENCE DISTRICT.
ORDINANCE NO. 54-2000 was read by Solicitor
Collins for the first time. AN
ORDINANCE CONFIRMING THE FINAL
APPOINTMENT OF MAX ANDERSON AS A PART-TIME PATROLMAN FOR THE MADISON VILLAGE POLICE DEPARTMENT, AND DECLARING AN EMERGENCY. 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.
ORDINANCE NO. 55-2000 was read by Solicitor Collins for the first time. AN ORDINANCE PROVIDING FOR AN ADDITIONAL APPROPRIATION AND ADJUSTMENT TO A LINE ITEM 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. The additional appropriations in the amount of $32,000 increasing the line item noted on the Ordinance from $46,300 to $78,300. Administrator Sample noted that this Ordinance was initiated to pay the regrading charges at the railroad crossing and to pay the $15,000, which half will be reimbursed, to the County Engineers for the Dayton Road Storm Sewer. Mr. Britton motioned to suspend the three reading rule. Mr. Burgard seconded. Discussion followed. All present were in favor. Mr. Burgard motioned for passage. Mr. Evangelista seconded. All present were in favor.
ORDINANCE NO. 56-2000 was read by Solicitor Collins for the first time. AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $190,000 NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING A PORTION OF THE COST OF IMPROVING BATES ROAD BETWEEN CERTAIN TERMINI BY THE CONSTRUCTION OF A WATERLINE TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO AND IMPROVING WEST MAIN STREET BETWEEN CERTAIN TERMINI BY CONSTRUCTING A WATERLINE, HYDRANTS, VALVES AND SERVICE CONNECTIONS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY. The combined note amounts total $190,000. Administrator Sample noted that the principal amount was reduced by $20,000 plus interest. This loan was taken out last year for Bates Road and West Main Street. These notes are due on November 3rd and passage of this Ordinance was recommended. The new interest rate will be between 4.75% to 5%. Mr. Britton motioned to suspend the three reading rule. Mr. Burgard seconded. All present were in favor. Mr. Britton motioned for passage. Mr. Evangelista seconded. All present were in favor.
RESOLUTION 20-2000 was read by Solicitor Collins. A RESOLUTION PROCLAIMING THE WEEK OF OCTOBER 23, 2000, AS “RED RIBBON WEEK” TO COMMUNICATE A COMMITMENT TO A DRUG-FREE AMERICA. Mr. Evangelista motioned for passage. Mr. Smith seconded. All present were in favor.
COUNCIL REPORTS
Mr. Loparo noted that an article featuring His Majesty’s Tea Room and Madison Village was recently published in a national magazine, Victorian Decorating Ideas. As a result of the publication, many calls have been received from all over the country.
Mr. Loparo also noted that food concessions and limited parking during Concerts in the Park, has become an issue with many of the Village businesses on West Main Street. Mr. Loparo feels a compromise and resolution can be reached. Mrs. Kopczak stated that she too had received phone calls regarding the issue.
Mr. Evangelista asked if Chief Matty had received any information regarding the whistle signs. Chief Matty responded that one sign had been found and he was still pursuing the matter.
Councilman Smith announced the Fire Board Meeting and Workshop to be held on Wednesday, September 20th at 7:30PM at Village Hall.
ENGINEER’S REPORT
Engineer Foley updated
Council on the progress of the Union and Eagle Street Sewer and Waterline
Projects. All work is complete with the exception of the final paving, which
should be completed within the next week.
Paving of Water Tower
Drive took place last week. Final
grading and restoration will take place next Spring.
Work continues on the
River Street sewer and is approximately 60% complete.
Mayor Reed asked Mr.
Foley if Water Tower Drive was accessible.
Engineer Foley responded that since the plat is recorded, it is now
considered a public street under construction.
The final routing of the
East Main Street and River Street waterline is nearly complete and will be out
for bid within the next week or two for construction later this year.
SAFETY REPORT
Chief Matty asked that
Council designate October 31, 2000 as Halloween night.
Mr. Evangelista motioned to designate Treat or Treat as October 31, 2000
from 6:00PM to 8:00PM. Mrs. Kopczak seconded. All
present were in favor except Mr. Loparo, who voted no.
The annual Perry Nuclear
Power Plant Standard Operating Procedure Training was held on September 26th.
The September Safe
Driver Award was given to Maurice Wetzel from Madison.
Chief Matty noted that
he received a letter dated September 18th from the Justice Department
stating that the Federal Grant request had been denied.
Officer Clark will
represent Madison Village Police Department at the AAA awards ceremony on
October 11, 2000 to accept the Pedestrian Safety Award for the year.
It has been nearly 20 years since Madison Village has had a pedestrian
fatality.
ADMINISTRATOR’S REPORT
Administrator Sample
announced that brush pick-up began today and will be completed tomorrow.
Leaf pick-up will begin next Monday and will continue through November.
It is now expected that
$83,000 will be received for the traffic signal at River Street and Main Street.
Legislation will need to be passed in order to accept the funding and to
proceed with the engineering.
Another issue to be
looked at in the near future is the expansion, including the ADA, of the Village
Hall.
Birthday wishes and
congratulations were extended to Mayor Reed on reaching the “half century”
mark on September 30th.
MAYOR’S REPORT
Mayor Reed noted the
memo prepared and distributed by Solicitor Collins with regard to the legal
review of the political sign issue and asked Solicitor Collins to explain.
On September 6, 2000 the Ohio Supreme Court decided a case involving
Painesville City and it’s Ordinance regulating political signs, specifically
its ban of political signs outside of a 17 day-period prior to an election.
The Supreme Court held that the 17-day period within which to display
political signs was an unconstitutional restriction on the right of free speech
and was, therefore, unenforceable.
Section 9.17 of the
Madison Village Zoning Code sets forth the rules and regulations relating to
political signs. Unlike the
Painesville City Ordinance, the Madison Village time limitation for the display
of political signs is 30 days. This
is the only specific provision of the political sign Ordinance that may have
been affected by the Supreme Court decision.
The other requirements regarding size, number, location, owner consent
and the posting of a bond appear not to be affected by that decision.
Solicitor Collins
suggested this matter be referred to the Planning Commission for review and
possible modifications to further identify the Village’s legitimate public
interest in regulating the display of temporary signs in general, and political
signs in particular. Solicitor
Collins listed several options of Council regarding the current Ordinance.
His recommended option is to enforce all provisions of Section 9.17
except the 30-day time limitation for display.
Discussion followed.
Mr. Loparo motioned to
enforce all provisions of Section 9.17 and temporarily suspend the 30-day time
limitation and to refer the matter to the Planning Commission for the future.
No second to the motion was made.
Mr. Britton motioned to
enforce all provisions of Section 9.17 of the Madison Village Zoning Code and to
temporarily suspend the 30-day time limitation and to refer the matter to the
Planning Commission for review. Mr.
Loparo seconded. All present were
in favor.
Mr. Collins then
discussed the Northeast Ohio Public Energy Council of Governments and the
request by The Northeast Ohio Mayor’s Legislative Action Group to local
governments to adopt an Ordinance to create and join this Council of Governments
for the purpose of jointly establishing and implementing the Electricity
Aggregation Program. Solicitor
Collins continued by explaining the provisions of the agreement and the
administration of it. He
then suggested that Council consider entering into the agreement.
Mayor Reed then reminded
Council and those in attendance of the Historical Society’s fund raiser, Tea
and Tour 2000, scheduled for Sunday, October 8th from 1:00PM to
5:00PM.
Mayor Reed announced
that he will meet with Administrator Sample and Chief Matty on October 17th
at 7:00PM to review wages for employees and safety officers in preparation of
next year’s budget. Council
members interested in attending were encouraged to do so.
Mark Vest mentioned the
letter he received from Administrator Sample to residents of Parkway Estates
concerning the problems caused at the lift station due to inappropriate items
being flushed in the resident’s toilets.
Mr. Sample explained that the pump at the lift station becomes clogged by
the items flushed and the Water and/or Road
Departments are constantly being called to take care of the problem.
The lift station, will hopefully be abandoned within the next 18 months. A grant application has been written to help defray costs of
the abandonment. Engineer Foley
estimates the final cost between $400,000 and
$500,000. The grant, if
approved, would reimburse half of the costs.
Mr. Evangelista motioned
for adjournment at 8:15PM. Mr.
Britton seconded. All present were
in favor.