SOLON CITY COUNCIL APRIL 19, :00 P.M.

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1 10485 SOLON CITY COUNCIL APRIL 19, :00 P.M. The Solon City Council met at City Hall on the above date. Present: Council Members Kraus (entered at 7:05 P.M.), Mooney, Pelunis, Richmond, Russo, Stolarsky, Mayor Drucker, Law Director Matty, Clerk McConoughey Absent: Councilman Bell 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: Service Director Bandiera, City Engineer Busch, Human Resource Director Cornhoff, Economic Development Manager Dorfman, Construction Manager Driscoll, Planning Director Frankland, Assistant Police Chief Tittl, Fire Chief Shaw, Water Reclamation Director Solanics, Finance Director Weber Vice Mayor Stolarsky presided. PLANNING COMMISSION CONSENT: Planning Director Frankland reviewed the items from the Planning Commission. 6. Proposed sign regulation amendments: Vice Mayor Stolarsky said he received a letter from the Chamber of Commerce advising that a Chamber representative would be attending tonight s meeting and requesting that consideration of the proposed amendments to the City s sign regulations be tabled to allow further review by the Chamber of Commerce and its members. Councilman Pelunis asked that a copy of the letter be forwarded to the Council members. NEW: 7. Ordinance No adopting a revised Chapter 1044, Industrial Wastes: Mr. Solanics explained the changes to the Code are mandated by the EPA and are the result of a 2009 audit and conditions of a new NPDES permit.

2 Council CONSENT: 20. Mayor Drucker requested Item 20 be removed from the agenda as it should be considered by the Finance Committee prior to consideration by the Council. 22 and 23. Ordinance Nos and : Councilman Mooney questioned certain wording in Ordinance Nos and and requested they be removed from the Consent Agenda. Vice Mayor Stolarsky said the Ordinances will be considered in an executive session regarding appointment of a public official. Councilman Kraus entered the caucus. The caucus ended at 7:10 P.M. and the meeting began at 7:11 P.M. Motion by Councilman Russo, seconded by Councilman Kraus to adjourn into executive session at 7:11 P.M. to consider the appointment of a public official. Roll call: Aye: Kraus, Mooney, Pelunis, Richmond, Russo, Stolarsky Motion carried The meeting reconvened at 7:27 P.M. Also present: Service Director Bandiera, City Engineer Busch, Human Resource Director Cornhoff, Economic Development Manager Dorfman, Construction Manager Driscoll, Planning Director Frankland, Assistant Police Chief Tittl, Fire Chief Shaw, Water Reclamation Director Solanics, Finance Director Weber CHANGES TO THE AGENDA: Item 7A was added to the agenda. Item 20 was removed from the agenda. Item 22 was removed from Consent and heard as Item 7B. Item 23 was removed from Consent and heard as Item 7C. ANNOUNCEMENTS: Vice Mayor Stolarsky said announcements are as listed on the agenda. COMMENTS FROM THE AUDIENCE: Mr. John Nolan, Bainbridge Road, spoke regarding the Bainbridge Road project and asked that residents obey the new stop sign and the speed limit. He asked that residents be aware of construction equipment and new construction patterns. Mr. Steven Jett, Chairman of the Solon Chamber of Commerce Legislative Committee, introduced himself and stated he looks forward to working with the

3 10487 Council City. Mr. Jett requested that on behalf of the Chamber of Commerce, the Council table the pending sign regulation ordinance as requested in a letter sent by the President of the Chamber of Commerce to allow the Chamber to discuss it further with constituents. As discussed in Caucus, Vice Mayor Stolarsky advised the sign regulation ordinance will be tabled. STORM WATER ACTION PLAN UPDATE: Mr. Busch provided the following update: Catch basin cleaning is complete in the Fox Run Subdivision Sanitary sewers were cleaned in Cannon Estates Subdivision Private property dye testing was completed for 10 homes in the Chagrin Valley Estates Subdivision, however, the test for one property experienced root intrusions, therefore, the Service Department will need to return to finish the test The Briar Hill Lake Dam will be visited this week by the Army Corp of Engineers to review the permit and discuss any concerns with URS A meeting was held with Wade Trim regarding the Pepperwood Storm Sewer, Phase 2 Project The St. Mary s Stream Restoration plans should be completed and ready to be bid next month The Liberty Hill Detention Basin Project plans are complete A lateral on Longview Drive was completed and grading work will be completed on Cannon Road PLANNING COMMISSION CONSENT: SOM Center Road PP# G. S. Dass Lot consolidation PC approved Bainbridge Road Brunson and Marlene Ballard side yard street setback variance PC approved 2 accessory pavement setback variance PC approved Liberty Road Denise and Jude Smith fence setback from residence variance PC approved Miles Road Brainard Miles Retail Development, LLC Building material variance PC approved Building color variance PC approved Fence adjacent to side street variance PC approved Outside storage display variance PC approved contingent upon no outside storage overnight Site plan for seasonal greenhouse PC recommends approval for the period of May 1, 2010 through July 31, 2010

4 Council Kruse Drive Automotive Realty LLC (Larry Davis Construction) Site plan modification for test track PC recommends approval contingent upon Planning Department s approval of landscape plan and reversal of circulation pattern (a revised site plan was submitted indicating reversal of the circulation pattern) Motion by Councilwoman Richmond, seconded by Councilman Mooney to suspend the rules and approve the items of the Planning Commission Consent Agenda. PENDING: 6. Proposed sign regulation amendments PC recommends approval Vice Mayor Stolarsky advised he received a letter from the President of the Chamber of Commerce requesting the item be tabled to allow for further review. Motion by Councilman Mooney, seconded by Councilman Russo to table Item 6. NEW: 7. ORDINANCE NO ADOPTING A REVISED CHAPTER 1044, INDUSTRIAL WASTES, OF THE STREETS, UTILITIES AND PUBLIC SERVICES CODE, was read for first reading. Councilman Pelunis said the Public Works Committee recommended adopting the revised chapter to comply with the Ohio Administrative Code requirements for an industrial pre-treatment program and other various mandates from the Ohio EPA and State of Ohio in regard to certain limits and maximums. Motion by Councilman Pelunis, seconded by Councilman Russo to suspend the rules and place Ordinance No on third and final reading 7A. ORDINANCE NO RESCINDING ORDINANCE NO WHICH AUTHORIZED THE MAYOR TO ENTER INTO AN ENVIRONMENTAL COVENANT WITH THE WESTERN RESERVE LAND CONSERVANCY AND AUTHORIZING THE MAYOR TO ENTER INTO A CONSERVATION EASEMENT AGREEMENT WITH THE WESTERN RESERVE LAND CONSERVANCY ON ACRES OF CITY OWNED

5 10489 Council PROPERTY REQUIRED FOR THE NORTH HUNTINGTON DETENTION BASIN EXPANSION PROJECT AND DECLARING AN EMERGENCY, was read for first reading. Councilman Kraus explained after discussions with the Army Corp of Engineers, it was determined to rescind Ordinance No and change the agreement to enter into a conservation easement with the Western Reserve Land Conservancy rather than an environmental covenant. Sections of the agreement stating environmental covenant or covenant have been amended to state conservation easement or easement. Other changes relate to the revised code sections to comply with the conservation easement sections and to institute requirements of the Army Corp of Engineers. Motion by Councilman Kraus, seconded by Councilman Pelunis to suspend the rules and place Ordinance No on third and final reading 22. ORDINANCE NO AMENDING CHAPTER 248, ENGINEERING DEPARTMENT, OF THE ADMINISTRATION CODE, TO ESTABLISH THE POSITION OF CONSTRUCTION PROJECT ADMINISTRATOR, was read for first reading. 23. ORDINANCE NO APPROVING THE COMPENSATION PAID TO DANIEL A. DRISCOLL AS CONSTRUCTION PROJECT ADMINISTRATOR, AND DECLARING AN EMERGENCY, was read for first reading. Vice Mayor Stolarsky said Ordinance Nos and will be tabled for further review. Ordinance Nos and remained on first reading. CORRESPONDENCE: 8. Liquor permit application for 6150 SOM Center Road, LLC dba Solon Panini s 6150 SOM Center Road (includes patio) Councilman Russo said there were no objections from department directors. Motion by Councilman Russo, seconded by Councilman Pelunis to direct the Clerk to not request a hearing. 9. Liquor permit application for Le Mizu, LLC dba Le Mizu Aurora Road, Suite (located between Zoup and DiBella s) Councilman Russo said there were no objections from department directors.

6 Council Motion by Councilman Russo, seconded by Councilwoman Richmond to direct the Clerk to not request a hearing. CONSENT: Motion by Councilman Russo, seconded by Councilman Pelunis 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. 10. ORDINANCE NO APPROVING CHANGE ORDER NO. 2 TO THE CONTRACT WITH ALBA CONTRACTORS FOR THE 2009 EMERGENCY ROADWAY REPAIR PROGRAM (CONTRACT NO ), was read for first reading. 11. ORDINANCE NO ACCEPTING THE BID OF KONSTRUCTION KING, INC. FOR THE 2010 ANNUAL CONCRETE REPAIR PROGRAM (CONTRACT NO ), was read for first reading. 12. ORDINANCE NO ACCEPTING THE FINAL CONTRACT ADJUSTMENT WITH TC CONSTRUCTION FOR THE 2009 ANNUAL SIDEWALK REPAIR PROGRAM (CONTRACT NO ), was read for first reading. 13. ORDINANCE NO ACCEPTING THE BID OF CROSSROADS ASPHALT RECYCLING, INC. FOR THE 2010 PREVENTATIVE MAINTENANCE PROGRAM (CONTRACT NO ), was read for first reading.

7 10491 Council 14. ORDINANCE NO ACCEPTING THE BID OF TRAX CONSTRUCTION FOR THE NORTH HUNTINGTON DETENTION BASIN EXPANSION PROJECT (CONTRACT NO ), was read for first reading. 15. ORDINANCE NO AUTHORIZING THE FINANCE DIRECTOR TO ADVERTISE FOR VARIOUS COMPONENTS FOR A RUBBISH SPECIALS TRUCK FOR USE BY THE SERVICE DEPARTMENT, was read for first reading. 16. ORDINANCE NO AUTHORIZING THE SALE OF SURPLUS OR OBSOLETE SERVICE DEPARTMENT EQUIPMENT THROUGH INTERNET AUCTION WITH GOVDEALS.COM, was read for first reading. 17. ORDINANCE NO RESCINDING AND CLOSING OUT THE CONTRACT WITH ALBA CONTRACTORS, INC., FOR THE 2008 ANNUAL MANHOLE REPAIR PROGRAM (CONTRACT NO ), was read for first reading. 18. ORDINANCE NO AUTHORIZING A PAYMENT SCHEDULE WITH THE ROBBINS COMPANY FOR A FEE RELATED TO THE CONDITIONS OF SALE FOR HALL STREET PROPERTY, PERMANENT PARCEL NO , was read for first reading. Mr. Weber requested a section be added to the ordinance to indicate proceeds will be paid to the Capital Improvement Fund No. 491.

8 Council Ordinance No was approved as read. 19. ORDINANCE NO ACCEPTING THE PROPOSAL OF GOVCONNECTION, INC. FOR THE PURCHASE OF THIRTEEN MOBILE DATA TERMINALS FOR USE BY THE POLICE DEPARTMENT, was read for first reading. 21. ORDINANCE NO CONFIRMING THE APPOINTMENT OF JOHN BUSCH TO THE POSITION OF CITY ENGINEER AND ESTABLISHING COMPENSATION THEREFORE, AND DECLARING AN EMERGENCY, was read for first reading. COMMENTS FROM THE AUDIENCE: There were no comments from the audience. COMMENTS FROM COUNCIL: Councilman Pelunis advised that Pettibone Road is closed westbound only and asked that everyone drive safely. Councilman Pelunis looks forward to seeing residents at the Healthy Solon event at the Community Center. Councilman Mooney congratulated Mr. Busch for his re-appointment as City Engineer and commended Mr. Busch s efforts. Vice Mayor Stolarsky commended the Solon Italian Club for their efforts in hosting the Annual Reverse Raffle event. COMMENTS FROM ADMINISTRATION: Mayor Drucker congratulated those involved in the performance of Aida at Solon High School. Mayor Drucker received correspondence from Assistant Cuyahoga County Prosecuting Attorney Bullard congratulating Police Detective Ross Faranda for his investigation leading to a prosecution resulting from an incident at a company on Naiman Parkway. Mayor Drucker congratulated Detective Faranda for his efforts.

9 10493 Council Mayor Drucker said the Healthy Solon Event, Grow Green, begins on Saturday, April 24 th at the Community Center from 9:00 A.M. to 2:00 P.M. Mayor Drucker announced on Sunday, April 25 th, the 4 th Annual Earth Day celebration will take place at the Community Park from 8:30 A.M. to 1:00 P.M. She asked Mr. Bandiera to provide the details. Mr. Cornhoff congratulated Mr. Busch for his appointment and thanked the Council and Mayor for their support. Mr. Bandiera explained the Earth Day event will provide tree seedlings to residents, demonstration of equipment, mulch for sale, a community shred and computer disposal. Mr. Bandiera said rubbish cans for Phase 3 of the Automated Rubbish Collection Program will be delivered to residents the first week in May with an initial collection date of May 17 th. Mr. Busch said construction work on the detention structure in the Pepperwood Subdivision has begun. Motion by Councilwoman Richmond, seconded by Councilman Kraus to adjourn into executive session at 8:00 P.M. for the purpose of compensation of a public employee. The Council reconvened at 9:16 P.M. Motion by Councilman Russo, seconded by Councilman Pelunis to adjourn at 9:16 P.M. Vice Mayor Clerk of Council