SOLON CITY COUNCIL July 1, :00 P.M. The Solon City Council met at City Hall on the above date and time.

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1 11457 SOLON CITY COUNCIL 7:00 P.M. The Solon City Council met at City Hall on the above date and time. Present: Council Members Bell, Kraus, Meany, Mooney, Pelunis, Richmond, Russo, Todd Cipollo, Law Department, Clerk McConoughey Absent: Mayor Drucker, Law Director Lobe NOTES OF CAUCUS DISCUSSION: (Clerk s note: Agenda items not mentioned under Notes of Caucus Discussion are items that were not pertinently discussed during caucus. Agenda topics may not have been discussed in order, however, they have been placed in order for the convenience of this record.) Also present: City Services Director Bandiera, City Engineer Busch, Human Resource Director Cornhoff, Construction Project Administrator Driscoll, Planning Director Frankland, Contract Compliance Officer Papa, Assistant Fire Chief Shebeck, Police Chief Viland, Assistant Finance Director Wendel Vice Mayor Kraus presided. PLANNING COMMISSION: There were no Planning Commission items for consideration PENDING: 1. Ordinance No amending the permitted uses in the I-2 Zoning District: Vice Mayor Kraus advised this item is on 3 rd reading and has had a number of public hearings. Therefore he is ready to take action regarding this issue. 3. Ordinance No authorizing a shared detention basin with Liberty Ford: Mr. Busch advised that the original document was prepared by representatives of Liberty Ford and upon review of the document the Engineering Department requested some changes. However, Liberty Ford representatives had some concerns regarding the requested changes. Mr. Busch feels it is necessary to meet with Liberty Ford representatives and Law Director Lobe to complete the agreement. Councilman Mooney does not approve of sharing a detention basin and will make his comments during the meeting.

2 11458 Council NEW: 5. Ordinance No Consideration of a Cisco phone system hardware and software maintenance and support contract and license: Councilman Mooney advised in the Special Finance Committee meeting held earlier that the Finance Committee requested legislation to advertise for bids for the contract. Therefore, the legislation marked 5B will be considered by the Council and Item 5A will be removed. The caucus ended at 7:10 P.M. and the meeting began at 7:30 P.M. Also present: City Services Director Bandiera, City Engineer Busch, Human Resource Director Cornhoff, Planning Director Frankland, Assistant Fire Chief Shebeck, Human Resource Coordinator Vest, Police Chief Viland, Assistant Finance Director Wendel CHANGES TO THE AGENDA: There were no changes to the agenda. ANNOUNCEMENTS: Vice Mayor Kraus said announcements are as listed on the agenda. He noted City Hall will be closed on July 4 th in observance of Independence Day. MINUTES: Motion by Councilman Pelunis, seconded by Councilwoman Richmond to approve the minutes of the June 17, 2013 meeting as presented. Roll Call: Aye: Kraus, Meany, Pelunis, Richmond, Russo Abstain: Bell, Mooney COMMENTS FROM THE AUDIENCE: Mr. Phillip Epstein, Carriage Park Drive, spoke regarding ODOT s closure of the northbound Route 422 ramp at SOM Center Road over the weekend. Mr. Epstein said after seeing the posted electronic sign on SOM Center, he contacted Councilman Kraus regarding meeting with ODOT to implement a plan to prevent turn around traffic in Carriage Park prior to the start of the ramp closing. Mr. Epstein thanked Police Chief Viland and the Police Department as well as the Engineering Department for executing the plan to erect temporary signage and to control traffic with police presence. Mr. Epstein said the amount of traffic was dramatically reduced on Carriage Park Drive and in the subdivision and indicated there would be no objection if the sign was left there permanently. On behalf of the subdivision, he thanked the City for moving quickly and properly. He looks forward to the Safety and Public Properties Committee meeting to further discuss turn around traffic in Carriage Park.

3 Council PENDING: 1. ORDINANCE NO SUBMITTING TO THE ELECTORS THE QUESTION OF AMENDING SECTIONS AND OF THE CITY OF SOLON ZONING CODE TO PERMIT COMPREHENSIVE AUTOMOTIVE RESTORATION AND ASSEMBLY IN THE I-2 (INDUSTRIAL MANUFACTURING) ZONING DISTRICT, was read. This ordinance has had three readings. Vice Mayor Kraus said several public hearings were held and thanked the public for their comments. Councilman Russo explained this item was approved by the Planning Commission and noted the dates of the public hearings. Motion by Councilman Russo, seconded by Councilwoman Richmond to approve Ordinance No Councilwoman Meany said she struggled with this issue considering she believes the voters should decide such issues, however, she also feels protective of the industrial area. She asked Mr. Frankland if he foresees any impact on the district should the issue be approved. Mr. Frankland said the ordinance was written at the request of the Council. He advised when uses are expanded in a district, there is a risk that a substantially similar use would also be allowed. Mr. Frankland said the ordinance was written to be restrictive to limit the risk to only allow major operations and to prevent service to the general public. Councilwoman Meany asked Mr. Cipollo if he believes the ordinance will legally protect the City in the future. Mr. Cipollo concurred with Mr. Frankland and said the ordinance was concisely drafted. Roll Call: Aye: Kraus, Meany, Mooney, Pelunis, Richmond, Russo Nay: Bell Motion carried 2. ORDINANCE NO ENACTING A NEW SECTION OF THE BUSINESS REGULATIONS AND TAXATION CODE ENTITLED REVENUE RECAPTURE PROGRAM, was read for third reading. Councilwoman Meany said this was approved by the Finance Committee and will allow the City to stop tax refunds if there is money owed to the City by a taxpayer. Motion by Councilwoman Meany, seconded by Councilman Mooney to approve Ordinance No Motion carried

4 11460 Council 3. ORDINANCE NO AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH LIBERTY AUTO GROUP FOR A SHARED DETENTION BASIN, was read for second reading. Councilman Pelunis advised this issue was referred by the Public Works Committee and involves sharing a detention basin that would service both Liberty Ford and the City. He said Councilman Mooney requested the Engineering Department determine an appropriate value for the property. He explained the Public Works Committee approved of entering into a contract with a 2 to 1 vote. Councilman Pelunis said the agreement between Liberty Ford and the City of Solon is still being negotiated. There is still a question regarding the issue of perpetual maintenance should Liberty Ford ever decide to sell the property. Although Councilman Mooney does not object to sharing the detention basin, he believes the City is not getting fair value for the land. He said Liberty Ford will save $500,000 to $600,000 by not building a new detention basin and the City should negotiate a share of those savings. Ordinance No remained on second reading. 4. ORDINANCE NO AMENDING THE TRAFFIC CONTROL MAP AND TRAFFIC CONTROL FILE TO ADD TWO NO LEFT TURN SIGNS ON SOLON ROAD FOR THE DRIVEWAY OF BURNTWOOD TAVERN, was read for second reading. Councilman Bell explained the Safety and Public Properties Committee received a request from Chief Viland to amend the traffic control map and traffic control file to incorporate two no left turn signs at the Burntwood Tavern location. One sign would face eastbound traffic on Solon Road and the other would face the exiting traffic at the Burntwood Tavern driveway on Solon Road. He believes the signs will enforce the fact that the driveway is right in and right out only and enforce the access restriction should drivers disobey the signs. Motion by Councilman Bell, seconded by Councilman Pelunis to amend Ordinance No to change the verbiage in the title, first paragraph and section 1 to state installation of two no left turn signs on Solon Road at the exit at Burntwood Tavern and to delete and on Solon Road facing eastbound traffic at the Burntwood Tavern entrance driveway in the first paragraph and section 1. Motion by Councilman Bell, seconded by Councilwoman Richmond to suspend the rules and place Ordinance No on third and final reading as amended.

5 Council NEW: 5. ORDINANCE NO AUTHORIZING THE FINANCE DIRECTOR TO ADVERTISE FOR BIDS FOR THE CISCO SMART NET PHONE SERVICES PROGRAM AND THE VISTA POINT ATTENDANT COUNSEL ANNUAL LICENSE AND SUPPORT FOR THE YEAR 2013, was read for first reading. Councilman Russo advised the warranty for phone maintenance support expired in May. Motion by Councilman Russo, seconded by Councilman Pelunis to suspend the rules and place Ordinance No on third and final reading. CONSENT: Motion by Councilman Mooney, seconded by Councilwoman Meany to suspend the rules and place the following Consent items on third and final reading. The appropriate Council or Administrative representative provided an explanation for each item. 6. ORDINANCE NO AUTHORIZING THE FINANCE DIRECTOR TO REQUEST PROPOSALS FOR A CITY OF SOLON EMPLOYEE WELLNESS PROGRAM, was read for first reading. 7. ORDINANCE NO AMENDING ORDINANCE NO WHICH ACCEPTED THE PROPOSAL OF KONICA MINOLTA FOR A FIVE-YEAR COPY MANAGEMENT PROGRAM, was read for first reading. 8. ORDINANCE NO AUTHORIZING THE FINANCE DIRECTOR TO ADVERTISE FOR BIDS FOR A CONTRACT FOR BASIC BUSINESS LINE TELEPHONE SERVICE, was read for first reading.

6 11462 Council 9. ORDINANCE NO AUTHORIZING VARIOUS PURCHASES FROM U.S. FOOD SERVICE FOR RESALE BY GRANTWOOD GOLF COURSE, was read for first reading. 10. ORDINANCE NO EXTENDING THE SPONSORSHIP AGREEMENT WITH THE AMERICAN BOTTLING COMPANY DBA SEVEN-UP OF CLEVELAND AND DECLARING AN EMERGENCY, was read for first reading. COMMENTS FROM THE AUDIENCE: There were no comments from the audience. COMMENTS FROM THE COUNCIL: Councilman Pelunis congratulated Nestlé for the official ground breaking on Thursday for the new Product Technology Center being built off of Cannon Road. Councilman Pelunis attended the grand opening of the new permanent Solon Safety Town on Saturday. He feels this is a great addition for the City to help children learn about safety. Councilwoman Meany also offered her congratulations to Nestlé and noted former Councilman John Kurpell attended which made the event more special since he was involved when Nestlé/Stouffer first located in Solon. Councilwoman Meany wished everyone a happy and safe Fourth of July. Councilman Bell offered his congratulations to Nestlé as well. Councilman Bell said Jim German of Carriage Park Drive asked him to express his thanks to the Council, Chief Viland and all those responsible for the assistance they provided this weekend with the ODOT construction on the Route 422 ramp.

7 Council Councilman Bell expressed his concern with Item 1. Although he agrees with Councilwoman Meany that rezoning issues should be submitted to the electorate, he does not support this change and does not want his vote to be mistaken as an endorsement. Councilman Russo thanked Police Chief Viland, Zoning Inspector Soltis and Senior Services Director Frankel for their assistance in a situation involving a Ward 7 resident. Councilman Russo said the City is dealing with aging infrastructure and roads in need of repair throughout the City. Although he understands it is not possible to repair all of the roads at the same time, he will make a motion to request the Public Works Committee consider increasing next year s infrastructure budget to allow for additional road repairs. Councilman Russo also thanked Service Director Bandiera for addressing and resolving a road situation on Longview Drive. Motion by Councilman Russo, seconded by Councilwoman Meany to request that the Public Works Committee review the issue of road repairs and consider increasing the 2014 infrastructure budget to allow for additional road repairs. Vice Mayor Kraus congratulated all those involved with the grand opening of the permanent Safety Town location. He feels this is a great use for that space. Vice Mayor Kraus also offered his congratulations to Nestlé for the official ground breaking of their new facility. He said Nestlé is a nationally and internationally recognized company, as well as one of the largest names in food processing and branding which makes it very exciting that their newest Product Technology Center will be located in Solon. Vice Mayor Kraus thanked Police Chief Viland, Assistant City Engineer Welch and ODOT representatives for responding and reacting quickly and effectively to the concerns of Carriage Park residents during the second phase of construction work on the Route 422 ramp. He also thanked Service Director Bandiera for his assistance with signage. COMMENTS FROM THE ADMINISTRATION: Police Chief Viland advised that Thursday is the Fourth of July. As fireworks are illegal in Ohio, officers will confiscate any contraband and enforce the law. Police Chief Viland also recommended residents refer to the City website as well as the Police Department Facebook page within the next 24 hours for the posting of the traffic plan map if attending the Fourth of July fireworks display.

8 11464 Council Assistant Chief Shebeck wished everyone a safe and Happy Fourth of July weekend and advised residents to leave fireworks displays to the professionals. He also requested that nothing be brought to the Community Park, including sparklers, if attending the fireworks. He explained although sparklers may seem harmless, when they are used in a crowd of people, they can be dangerous. City Services Director Bandiera said due to the recent storms, there is a larger than normal amount of brush to be picked up for collection. He said there are three crews collecting brush working two shifts. Mr. Bandiera asked for residents patience. He anticipates all brush being collected before the Fourth of July holiday. Mr. Bandiera said it is also the first full week of the month so it is secondary recycling week. Motion by Councilwoman Richmond, seconded by Councilwoman Meany to adjourn the meeting at 8:10 P.M. Vice Mayor Clerk of Council