City Council - Regular Meeting

like to call the Wednesday, March 18th, 2026 city council meeting to order with a clerk. Please read roll. Miss SA here. Mr. Clford here. Mr. Dger here. Mr. Hook here. Miss Schaefer Bish. Miss Tip Mr. Typton here. Mr. Turner, Miss Wallik, Miss Wesley here. Um, move to excuse Mr. Turner. Second. Second by Chris. All those in favor? I All right. Opening remarks. Miss Wesley.

Um, good evening. Thank you for coming and we'll just do the pledge. Thank you.

Aliance to the flag of the United States of America, to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. public comment.

First up is Mary Stark. Mary, before you begin, I need to read something. Although public comment is not required by law, the council has long upheld the practice of inviting citizens to share their remarks. We value and appreciate the contributions of all residents who wish to address matters of public concern. Please be advised that the council will not engage in dialogue or debate during this portion of the meeting. As president of council, I reserve the authority to suspend or any comment that is disruptive, inappropriate, or otherwise inconsistent with the decorum of these proceedings. When approaching the podium, please clearly state your name and address for the record, and each speaker is allotted three minutes to present the remarks.

Thank you. Mary Starbach, 301 Woodard Avenue, Kent, Ohio. You have this letter in your packet. It was provided ahead of time. This is from the Kent Environmental Council Advocacy Committee. We are writing you with environmental concerns regarding the current activities at 100 Johnson Road, Kent, also known as Cobacres LLC. Intense development activity has been observed for several months on the property. currently zoned O-r open space recreation large excavating equipment has been digging and dredging the lake on the property of the former Lapen Farm. There is concern that while these two activities are operating simultaneously, it's likely that a considerable amount of sediment is being pumped into nearby Fish Creek, impacting groundwater downstream and the loss of precious top soil. Once this soil is gone, there's no getting it back. Adding to those threats, this muk soil is being piled on site without even the erosion deterrence of silt fencing, a common requirement on most construction sites. Also of concern is that this lowland area acts as a natural wetland where surface water is filtered, purified, and replenishes deeper aquifers, providing portable water to area residents and farms. On February 4th, 2025, Kent City Council held an open forum discussion to address the application of Cole Bakers LLC to place the property into an agricultural use zoning district. Kent City Council listened to concerns of residents living nearby about noise and general impact to quality of life near the property. The Kent City Police explained that the application of noise violations to Cole Baker's LLC are still pending in court. It is also it was also shown during council discussions that the application for an agricultural permit permit on this property has not met the required standards for the past three years. In fact, this property was not even zoned to permit such activity two years prior.

On February 18th of 25, Kent City Council voted to reject the application for this change in zoning. We agree this was the right action on the part of the city council. Allowing a change to agricultural use zoning would only serve to insulate Cobb Acres LLC from any action as a nuisance or for its negative environmental impact. The question remains what now? The excavation activities continue as well as the continued negative environmental impacts to the community. We are asking what if any action can city council will take to stop this obvious misuse of the open space recreation designation and its ongoing irreparable harm. Thank you for your thoughtful consideration. Look forward to your response. There is an addendum uh regarding Eric Long who's the storm water engineer for the Porter Soil and Water Conservation District who has visited Cole Bakers in the past once three years ago just recently the other day. He may be a resource for helping you find out what is going on on the site currently.

Thank you Mary. And just a note, council, um Mary's letter was just received via email today, so that was emailed to you and not in your packet. Next up is Roger Bliss.

Your name and address, please. Roger Bliss, we know, but your address, please, for the record.

Good evening. My name is Roger Bliss. I'm at 124 Forest Drive. I want to share something that deserves broader public understanding. Trains passing through Kent certainly follow the Federal Rail Administration's default protocol, the 202 sequence at a roughly uh 105 dB. The protocol under that protocol, trains are required to sound their horns on approaching public crossings. two long blast, one short, and one final long blast as the engineer passes through the crossing. That's the routine pattern pattern we all know. And most people assume that the disruptive nodes of an approaching train is the only way to ensure safety at a train crossing. And living near it is something that you just have to learn to live with. But in Kenton, disruptive noise is not only a crossing issue. The noise is not confined to the crossings themselves. Approaching trains routine train sequence begins about a/4 mile before the train enters the crossing. This effect extends well beyond the crossing. In total, a single rail crossing creates a halfmile noise corridor. Fortunately, in 2006, a federal law established an alternative solution to train crossing safety called quiet zones. Quiet zone regulations have a structured safety review to determine whether supplemental safety measures are allowed that can allow routine horn sounding to be discontinued. In effect, that creates a quiet crossing. The default horn protocol is no longer required those crossings because of supplementary safety equipment.

That matters because quiet zones and associated quiet crossings and quiet corridors are not about lowering safety. They demonstrate that safety and quiet living don't have to be in conflict. So the question is not whether safety matters because of course it does. The question is are we willing to look more closely at a possibility already recognized under federal law. There are pl are there places where established alternatives could protect safety equally as well as a noise of a default horn protocol. Those are reasonable questions and the Kent has and Kent has the opportunity to approach the this thoughtfully, not through assumptions, not through fear, not through false choices between safety and quality of life. The questions call for thoughtful civic curiosity and informed review of applicable regulations in ex in existing uh data. Um, a significant amount of time has been spent researching quiet zones and I invite everybody here. Take the handout for the topic further and share with others. The end.

Thanks, Roger. Thank you. That's all for public.

That's it. Okay. Um, written communication February 24th, 2026, the clerk's office received notice that the March 3rd planning commission meeting had been cancelled due to a lack of agenda items. On March 2nd, 2026, a white paper regarding snow removal in the city of Kent was received from Rick Hawkley and shared with council. On March 5th, 2026, the February minutes and March agenda for the Standing Rock Cemetery Trustees meeting were received and posted online. On March 9th, 2026, the clerk's office received notice that there would be no Board of Zoning Appeals meeting in March. On March 11th, 2026, the clerk's office received notice that the March 17th planning commission meeting had been cancelled due to a lack of quorum. The case that was being considered will be presented at the next schedule planning commission meeting on Tuesday, April 7th, 2026.

So moved. Second. All those in f Oh, Mr. Roller, do you have anything to say? All those in favor? I opposed. All right. Senate agenda.

Senate agenda includes approval of February regular council meeting minutes, approval of March council meeting minutes. 202618, an ordinance authorizing the finance director upon the issuance of a certificate of availability of funds to pay certain purchase orders made that exceed $3,000 and declaring an emergency. 202621, an ordinance authorizing a water tap-in for the property located at 5873 Horning Road outside the city of Kent declaring an emergency. Draft 202622, an ordinance authorizing the city manager or his designate to renew the agreement with the Haymaker Farmers Market for the subland lease of a parking lot located north of Summit Street west of Franklin Avenue and east of Akran Barbadan Cluster Railway Company's mainline track containing 0.168 acres for the period of April 4th, 2026 through November 28th, 2026 contingent on the continuation of the city's lease with the Akran Barbadan Cluster Railway Company for the amount of $1 and declaring an emergency. Draft 202623, an ordinance amending chapter 1337 titled Flood Damage Control in order to stay in compliance with the recent updates to the Federal Emergency Management Agency flood damage control regulations and declaring an emergency. Draft 2026 24, an ordinance authorizing the city manager or his designate to take all actions necessary to accept the Northeast Ohio Public Energy Council 2026 Community Event Sponsorship Program Award in the amount of $2,000 and declaring an emergency. F 2020625, an ordinance authorizing the city manager or designate to accept the Northeast Ohio Public Energy Council Energized Community Grant Award in the

amount of $49,965 placing it in escrow with NOPEC and declaring an emergency. Draft 2026 26 and ordinance amending ordinance number 202511, the current appropriation ordinance passed December 17, 2025 so as to adjust appropriations, transfers, and advances from the various funds of the city of Kent to individual accounts for the current expenses of the city for the fiscal year ending December 31st, 2026 and declaring an emergency. Draft 2026 27, an ordinance amending section 353.02, parking regulation authorization of the codified ordinances of the city of Kent to change the language on Nathan Drive and Philip Drive and declaring an emergency in draft 2026 28 and ordinance amending ordinance number 2025128, the position allocation and general compensation plan and declaring an emergency. Move suspension.

Mr. Clamper. Yes. Mr. Drager. Yes. Mr. Hook. Yes. Miss Schaefer Bish. Yes. Mr. Typton. Yes. Miss Wallik. Yes. Miss Wesley. Yes. Miss Sco. Yes. Move adoption. Second. Mr. Drager. Yes. Mr. Hook. Yes. Miss Schaefer Bish. Yes. Mr. Typton, yes. Mr. Turner. Miss Wallik, yes. Miss Wesley, yes. Miss Selco, yes. Mr. Clapper, yes. Consent agenda passes.

The standing committees and legislation. The committee of the whole uh voting on boards and commissions. Like to uh nominate Hen Stevens to the planning commission. I'll second that. All in favor? All in favor? I oppose. Okay. Do I have a motion uh to authorize the insertion of his name? So moved. Second. All those in favor? I opposed. Do I have a motion uh to second to suspend the three reading? Oh,

yeah. Three readings are draft. Second. Sorry. Who was the who made the motion? I'll I'll move the I'll move the suspension of the readings. Mr. Hook, yes. Miss Schaefer Bish, yes. Mr. Typton, yes. Miss Wallace, yes. Miss Wesley, yes. Miss Selka, yes. Mr. Clapper, yes. Mr. Drager, yes. Adoption. No motion for would the clerk read draft 2026-9 entitle only.

Draft 202619 an ordinance appointing Adam Stevens to the planning commission and declaring an emergency. Move suspension. Second. Schaefer Bish. Yes. Mr. Typton. Yes. Miss Wallik. Yes. Miss Wesley. Yes. Miss Elco. Yes. Mr. Clapper. Yes. Mr. Drager. Yes. Mr. Hook. Yes. Draft 202619 passes. Hang on one second. That was suspension for the draft, right? We still need to We just We did a Didn't we do the suspension already? Yeah, we did the motion already, too. We did the motion to suspend the three readings. Suspension for the draft. We did that. We're We're caught up. Okay,

we're caught up. Yeah. I would like to make a motion to appoint Mariah Taylor to the Civil Service Commission. Second. comments. All those in favor? I opposed. I would like to make a motion to authorize the insertion of Nate of Mariah Taylor into the draft 2026-20.

All those in favor? I I opposed. I would like to move to suspend the three readings for draft 2020 2026-20. Second roll call. Miss Mr. Typton. Yes, Miss Rules.

I realize it's It looks a little bit different on your agenda, but you are doing it still correct. Wait, this isn't this is just the three. Yeah, it's four draft number for the draft you're getting. Yes. Okay. Where were we? Okay. um to suspend the three readings of the draft. M Shaer Bish and Miss Wallik. Okay. Mr. Tipton, yes. Miss Wallik, yes. Miss Wesley, yes. Miss Elco, yes. Mr. Clapper, yes. Mr. Drager, yes. Mr. Hook, yes.

Miss Schaefer Bish, yes. and motion to adopt draft 202620, an ordinance appointing Mariah Taylor to the Civil Service Commission and declaring an emergency. So moved. Second, Mr. Um, Miss Wallik, yes. Miss Wesley, yes. Miss Sel, yes. Mr. Clapper, yes. Mr. Drager, yes. Mr. Hook, yes. Miss Schaeferish, yes. Draft 202620 passes. I I I'll support that, too. didn't call my name. Did I not call terribly sorry, Mr. Typton? Okay. Uh there's no

I have a question. Yes. What about the other boards? We're not doing those. Those were the only two boards. There was a board of health. Yeah. So, community development, there's no new business finance committee. There's no uh business health and safety committee. Nothing. Land Use Committee, no business. Streets, Sidewalks, and Utility Committee, no business. Is there any unfinished business? Is there any new business, Jeff? Yeah, I'd like to propose a moratorum on AI data centers. Um, six months.

Okay. about five years. How about Yeah, let's let's you can amend the motion. Just going to committee. He's just making a motion to a motion for a moratorum. Call it six months. You want to go a year? Second. Thanks. I seconded the amendment. Okay. You still need a second, don't we? Is there any discussion? Um, I know that we're working on getting the getting them added to the zoning code um, as a use, but I think this will just help as an extra safety net until some further environmental

um, long-term and economic long-term studies can be in place and we can get the get everything in the zoning code as needed. Um wondering if scale could be added to it because will it impact small uh enterprises in the city? Like if we say none to all is that I think Jeeoff you're thinking very large facilities. Um but I wonder if we should put a scale or scope to it. I'm comfortable with uh time scale, but I would hate to impede maybe smaller oper I don't know maybe something happening in the university or something. So

can we go to Bridget on that? She's waving her hand back there. Okay. Right. All those in favor. I'm sorry. for the record. Can you repeat the motion, please? That's the one-year moratorum on data centers.

That's what we were voting on. Correct, everybody? Yes. The one year as amended. One year as amended. Yes. Okay. Any other that amendment? Any other new business? Tracy. Yeah. I would like to have staff look at the quiet zones for the railroad crossings. Second. Can I?

So, we've been in communications through Jim Bowling and Jim has already you approved. You're ahead of yourself and you don't even know it. You approved funding in the Jim's budget to allow for there's a study requirement to get that's like step one of this and Jim has programmed that. you approved it and that's in process. Then based on that study, you start to look at the eligibility and you apply to this. You you go to the railroad. I'm at that point I'm outside my expertise. Jim isn't here, but we're already working on it and you've already approved it. Um last year

and we'll keep, you know, we'll keep communicating with Mr. Bliss, too. Jim has indicated that to me. So, if that helps you, maybe we're happy to give you I can get a more detailed That's fine. Follow up from Jim. So we're So we're okay. It'll go to committee at some point. It'll be going to committee at some point regardless. Sure. I mean the findings of the uh quiet zone study would seem like that would be a good time. Again, I'm kind of speaking outside my my expertise, but that would be my presumption without Jim's knowledge here and them tonight. You're nodding. You agree? So we'll go with that. Sure. Okay. Is that okay, Tracy? Okay.

You guys must have done that last year. Yes. Okay. Um, any other new business, Tracy? Yeah. Is can we do anything with staff with what Mary Starbucks concerns were? I mean, has that already been looked into also? That wasn't a motion. So,

wasn't a motion, just question. So it is a private site and it is contained within the private site. He is allowed to excavate the way he is. Um we have been monitoring for SWIP the silt fence. Silt fence is needed when it migrates off site the piles and the um digging is occurring not where it's coming onto the other property. He has reached through to the lake. So he has about a foot of water for jet skiing. Um that it's open through. So that's why the pump is no longer being used. So they're not pumping water into um the the creek. But everything he's doing has been approved by ODNR, the Ohio Department of Natural Resources. That is not an identified wetland where he's at. Um we were we've gone through this numerous times. So it is a private site and he is allowed to do what he is doing. It is my understanding though that now that the excavation work is done um that they will be dealing with the piles. So he does need to do that as part of his fund plane permit. So he's going to have to send us information on how those are going to be handled.

Okay. Thank you. Okay. Thank you for Hey, any other new business? Any council member comments? Oh, I have a comment, sir. Um, these are students from Kent State and they have to take notes on our uh meeting today and so can we ask them if they have any questions or we're not allowed. Do you have any questions? Do you feel better about the notes you have to take? Yeah, you're good.

That would be you can practice. David Williams. I'm a thirdyear journalism student. Um, here for my law, media, and journalism. I got kind of lost. You guys were going around saying yes to a lot of stuff, and I have no clue what you guys were saying yes to. So, like I I saw it in the agenda, but I also don't understand any of the uh stuff in there. So,

some of the yeses, the first set of yeses deal with suspension. So we can uh pass the ordinance immediately without three readings. The second one is the approval of that. So

So there's kind of two steps. Tonight is the final legislative night, but the cover. So that's why you heard a lot of yeses or nos that there sometimes there's no, but it's the voting night. The first Wednesday of the month is the working night. So that's the one if you attended that night you'd be in the there'd be presentations, discussions, conversations, and then they would say, "Okay, I agree with that. So let's take it to vote next in two weeks." So you kind of caught the tail end is I guess the point and and I mean

I would definitely encourage you to the agenda helps. I don't know if you saw it when you walked in there some back there, but that tells you a little bit about what we have what yes they're saying yes to. Thank you. Okay. Yeah, just rule. Yeah, rules and orders. Yes. And and just to add it, it wouldn't make sense if you just came tonight. It's really helpful to Okay. Yeah. Cycle which has them which has the the um ordinances in here in full text that you can check out. Um that's always encouraged for the for the audience to come and then you can weigh in. Yeah. But it makes sense that it's nonsensical at this point. Okay. Yeah.

And read the minutes,

Tracy. Tracy, you got to put your microphone on. Sorry. Three meetings of each motion. That's how technically the system would work, which would give the audience time to add more input if they wanted to. Normally, we don't do that. Normally, we do what's called suspension of rules. So we don't have to do the three readings because that would have to be three council readings and that would make sometimes that could take you know two months three months or we'd have special council meeting so we can do that. So that's the first one that suspends the rules so we can vote on it immediately and then the second one is to accept the rule and that's the motion that we make to accept the ordinance and that's the second one that we go through. So if we have an emergency it means it's it takes action right away. So if we voted yes suspension, yes, emergency, then that ordinance, that law can go into effect immediately. If we don't v vote on emergency, then the law takes 30 days to go into effect.

Does that make sense? Yeah. Yeah. Thank you guys. That was a very helpful. Thanks. Okay. Now, do good on your paper. Yeah. We used to have instructions up, remember? Yeah. Can we get those pop up support to explain?

He probably could do that or I could make a statement. I don't know. Okay. Um, council member comments then Sarah. Okay. The mayor's report had a pretty busy month this month. Uh I did attend last uh this past Friday the March for the Arts which was um a uh Main Street Kent event in which they asked students from the Kent City schools to uh draw or to um paint or some sort of artistic uh representation of Kent. And they were put on display at businesses all over uh the city. And uh I was here to greet the students uh most of them elementary. They had over 700 uh entries. So it was quite well well um attended as well as well um as many many students uh took part in. Uh I have um a meeting with the uh mayor of Stowe next Friday and um I think that's pretty much what I wanted to talk about today. So anything else don't have?