Mayor and City Council
City Hall Conference Room
Tuesday, March 20, 2007
6:15 P.M.
In the absence of Mayor Lee N. Fiedler, a motion was made by Councilman Hendershot to appoint Councilman Floyd “Pete” Elliott as acting mayor. The motion was second by Councilman Hedrick and was unanimously adopted.
Present – Acting Mayor Floyd “Pete” Elliott, Council Members Edward C. Hedrick, Jr., Harold L. Hendershot, Jr., and Terance J. Rephann.
Absent – Mayor Lee N. Fiedler
Also Present – Jeffrey E. Repp, City Administrator; Charles Hinnant, Police Chief; William Herbaugh, Fire Chief, Jeffrey Rhodes, Director of Administrative Services; and Sharon Clark, City Clerk.
I. Public Meeting Agenda Review – Jeff Repp, City Administrator
The meeting agenda was reviewed as follows:
Ordinances
1. Authorizing the Mayor and City Clerk the execution of a deed for
Mr. Repp explained that this ordinance was previously accepted by the Mayor and City Council and that the transfer to the highest bidder of the property that was listed for sale would go into effect. Councilman Hendershot asked if the property had been publicly advertised. Mr. Repp responded that they had been advertised and that Lutz’s was the highest bidder. City Solicitor, Michael Cohen responded that their bid was significantly higher by at least One thousand dollars ($1,000.00).
2. Authorizing the execution of a deed for
County for $1,100.00.
Resolution
1. Endorsing an application for the creation of an expanded Arts & Entertainment District.
Mr. Repp stated that there was already a public hearing on this particular topic and that he did not anticipate a lot of comments concerning it. The
2. Approval for the merger of the 401(a) Match Plan into the Deferred Compensation Plan and to restate the City of
Mr. Repp stated that the City has a Deferred Compensation Plan but that the City is simply transferring the employees’ assets from the old plan that had been adopted in 1983 to a more current plan. This will mean there will be two (2) Nationwide Deferred Compensation Plans, one for the Fire Department and the other for all other City employees. The Fire Department can join both. The new plan is much more current and the rates are much more obtainable with no City money involved. Councilman Hendershot wanted to know if there was any downfall at all in the plan. Mr. Repp said that there would not be any negatives in this new plan and that the transfer from the Great West Plan to the Nationwide Plan would enable the employees to manage their own account if they so choose to.
Consent Agenda – Discussed as follows:
1) Order No. 24,522 Accepting disbursement of Program Open Space and Land and Water Conservation Funds for the Cumberland C. Eugene Mason Sports Complex Development #7, $49,500.00; and for the Cumberland Constitution Park Development #2, $207,906.00
2) Order No. 24,523 Accepting the bid of Yardman Services for stump removal - $8,840.00
3) Order No. 24,524 Authorizing the Mayor and City Clerk to execute a Payment In Lieu of Taxes Agreement between the Mayor and City Council and PIRHL, LLC for the Gateway Town Homes Project
4) Order No. 24,525 Accepting the proposal of SAIC Global Imagery Solutions for the acquisition of satellite imagery - $7,963.00
5) Order No. 24,526 Authorizing the Mayor and City Council to execute a Collective Bargaining Agreement between the Mayor and City Council and Local 553 for the period July 1, 2006, through June 30, 2009
6) Order No. 24,527 Accepting the proposal of MCCi Municipal Code Corporation for MuniAgenda Software - $35,295.00
7) Order No. 24,528 Approving a Historic District Tax Credit for Mullaney Brothers LLC, owners of property located at
8) Order No. 24,529 Approved a Historic District Tax Credit for John W. and Paula E. Rae, owners of property located at
Mr. Repp stated that order numbers 7 and 8 involving the two tax incentives were both approved by the Historic Preservation Commission and are to be viewed for adoption. These are under the new ordinance that was adopted recently as opposed to the old.
9) Order No. 24,530 Accepting the proposal of Nate Emory for engineering services for the Springdale Street Parklet Project - $3,500.00
10) Order No. 24,531 Accepting the proposal of Nate Emory for engineering services for the Constitution Duck Pond Renovation Project - $6,500.00
Mr. Repp commented that most of the work for this project will be funded through grants.
II. outdoor dining request – Corner Grille, LLC
A request for a dining permit came from the Corner Grille, LLC. Mr. Repp stated that Council previously received a memorandum regarding the request and that remarks would be heard concerning the Council’s decision on whether to proceed with the granting of a permit for the next Council meeting for approval. Councilman Hedrick asked if it was alright to abstain from voting due to the fact that he had an establishment similar to the Corner Grille. City Solicitor, Michael Cohen stated that he did not think he was required to abstain but that it would probably be cleaner if he did. Councilman Hendershot made the remark that it did not look like, to him, that there would be any problems with room on the sidewalk for the roped off area for the outdoor dining and he did not foresee any potential problems for downtown mall goers. Acting Mayor, Councilman Elliott stated that if another chair was placed around the tables and exceeded the number of chairs that should be at each table then they would be squeezed back to the curb. He said there is not a lot of room to walk by now. Mr. Repp stated that the Mayor and City Council could approve the outdoor dining permit and if problems arise then it could be revoked during the term. Mr. Cohen asked who owned the patio area and Mr. Repp responded that the City owned the property and that the City is doing a lease of public right-of-way to them so that they could extend their liquor license outside in the roped off area. Mr. Repp also stated that the lease is for one (1) year. Mr. Cohen voiced his concerns about liability problems that the City could face if a person tripped while intoxicated on the area that the Corner Grille was leasing from the City. Mr. Repp responded that the specific space or area must be marked where the alcoholic beverages are allowed to be and that patrons could not leave the marked off area. He also stated that the crowding of the area was the reason why Mayor Fiedler recommended only three tables with two chairs at each table. Also no glass containers are allowed and that the roped off area was to be monitored. Councilman Hedrick stated that it was the responsibility of the establishment to post signs stating no alcohol allowed outside the roped off area. Mr. Cohen also reminded Council that there is also police presence. Mr. Repp stated that the key issue was the amount of food being served this year justified a permit for outside dining compared to last year. Councilman Hendershot wanted to know if something in the lease would specify the area. Mr. Repp responded that before the permit is actually issued it should be stated in the lease, specific dimensions of the area that is to be roped off and obviously if they start moving the boundaries out of the specific area that they agreed to lease, then they would be in violation.
III. executive session – Pending Litigation
Mr. Repp requested an Executive Session to discuss pending litigation. Councilman Hendershot made a motion to go into Executive Session. The motion was seconded by Councilman Hedrick and unanimously adopted.
IV. adjournment
With no further business to discuss, the meeting was adjourned at 7:14 P.M.
Respectfully submitted,
Sharon S. Clark
City Clerk