City of Aurora, Ohio CITY COUNCIL MEETING MINUTES October 10, 2011

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1 City of Aurora, Ohio CITY COUNCIL MEETING MINUTES October 10, 2011 The Council of the City of Aurora, Ohio met in Council Chambers at City Hall on Monday, October 10, 2011 for the purpose of holding a regular public meeting. Council Vice President George Horvat called the meeting to order at 7:00 p.m. with the Pledge to the Flag of the United States of America. ROLL CALL Present: Absent: Robert Galaska, Jr. (arrived at 7:05 p.m.) George Horvat Joseph Kastelic Dennis Kovach John Kudley Amy McDougald Carl Rausch James Vaca James Fisher Also Present: Mayor Lynn McGill Alan Shorr, Law Director Robert Paul, Finance Director John Trew, Director of Public Services Seth Riewaldt, Police Chief Richard Wehrenberg, Director of Planning, Zoning & Building James Kraus, Director of Parks & Recreation Tracy Humbert, Clerk of Council Donna Hawks, Deputy Clerk of Council Consideration of Minutes MOTION: Approval of the September 26, 2011 Worksession minutes Mr. Vaca moved; Mr. Kovach seconded. The motion carried on a 7-0 roll call vote. Horvat, Kastelic, Kovach, Kudley, McDougald, Rausch, Vaca MOTION: Approval of the September 26, 2011 Meeting minutes Mr. Kudley moved; Mr. Rausch seconded. The motion carried on a 7-0 roll call vote. Horvat, Kastelic, Kovach, Kudley, McDougald, Rausch, Vaca Presentation by Brad Duguay Business Unit Manager at Custom Pultrusions Mayor McGill introduced Mr. Brad Duguay, Business Unit Manager of Custom Pultrusions. Mr. Duguay gave a presentation and overview of the local Custom Pultrusions facility which is a subsidiary of Andersen Windows. Mayor s Report (attached) Mr. Vaca stated that he only likes the sidewalk portion of the Mayor s proposal regarding an income tax increase. He added he is not in favor of the other recommendations.

2 City of Aurora, Ohio Page 2 10/10/11 City Council Minutes Law Director s Report (attached) Council President s Report (attached) MOTION: To amend the agenda to add Ordinances through Mr. Vaca moved; Mr. Kovach seconded. The motion carried on an 8-0 roll call vote. Citizens Comments Legislation Ms. Deb Conti, S. Chillicothe Road, commented on Ord which repeals Ord She stated that crucial information was not given to Council and the legislation was adopted on its first reading. She stated that she disagrees with the location of the proposed softball field and listed her concerns. She urged Council to support Ord Mr. George Mazzaro, Eldridge Road, commented on Ord ; he stated that Council was not provided a complete package of documents regarding the proposed development. He stated there are three different property owners involved; and asked what name is going to be used on the development. Ord he suggested that the City just pay the notes off rather than putting the $1 million in the General Fund. Ord he stated that he supports the Library issue. Ord he stated that the sale was bid at $600,000 several years ago; the sale price is now $300,000. He added the sale is a part of the proposed Treat Road development. Ord he agreed Ord should be repealed. Ms. Diane Wilbur, S. Chillicothe Road, stated that she owns The Secret Garden retail store and was flooded twice this year. She stated that she is not in support of removing any more trees and suggested that the City be very careful when developing the watershed areas. Mr. Steve Spencer, East Blvd, commented on Ord He urged Council to support the legislation; and asked residents to support the levy that will appear on the November ballot. He explained how the Portage County Library District operates and how the funding will restore hours, programs and personnel that have been reduced. Ms. Cecilia Swanson, Director of Portage County Library commented on Ord She asked Council to support the legislation and asked voters to support Issue 24 in November. Mr. Brian Pozniak, S. Chillicothe Road, commented on Ord He stated that he has spent a lot of money to control the water problems on his property and is concerned that disturbing the park property will create additional stormwater issues. Mr. Andrew Polinsky, S. Chillicothe Road, commented on Ord He asked Council to look at alternative locations for the proposed softball field. Councilman Remarks Legislation There were no comments Legislation Ordinance AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $4,675,000 FOR THE PURPOSE OF REFUNDING AT A LOWER

3 City of Aurora, Ohio Page 3 10/10/11 City Council Minutes INTEREST COST CERTAIN OF THE CITY S OUTSTANDING REAL ESTATE ACQUISITION BONDS, SERIES 2002, DATED AS OF DECEMBER 1, 2002, AND DECLARING AN EMERGENCY Mr. Rausch moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. At the last meeting Mr. Rausch asked if it would be possible to reduce the millage rate for the remainder of the levy rather than realizing the savings at the end of the bond repayment. Mr. Matthew Stuczynski, Senior Managing Director with Huntington Investment Company reviewed the alternative options for savings when refunding the outstanding bonds. Mr. Rausch stated that he would like the millage decreased and the savings spread out over the remaining years. He stated that a small savings would be realized for the residents now rather than 15 years from now. Mr. Stuczynski stated that any of the options could be selected by Council without amending the legislation. MOTION: To have the Finance Director achieve the savings in a uniform manner Mr. Kudley moved; Mr. Rausch seconded. The motion carried on an 8-0 roll call vote. MOTION: To adopt Ordinance Mr. Vaca moved; Mr. Kovach seconded. The motion carried on an 8-0 roll call vote. Ordinance AN ORDINANCE APPROPRIATING ($75,000.00) FROM THE GENERAL FUND (#01), WATER FUND (#70), SEWER FUND (#72) AND THE RECREATION FUND (#78) FOR ADDITIONAL GASOLINE EXPENSES INCURRED IN 2011 Mr. Kastelic moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. Ms. Conti, S. Chillicothe Road, asked if there is a reason for the shortfall and if something can be done to prevent it from happening next year. Mr. Paul explained that gasoline prices are very hard to predict; especially a year in advance. MOTION: To adopt Ordinance Mr. Kudley moved; Mr. Kovach seconded. The motion carried on an 8-0 roll call vote. Ordinance AN ORDINANCE ACCEPTING THE PROPOSAL OF, AND AUTHORIZING THE MAYOR TO ENTER

4 City of Aurora, Ohio Page 4 10/10/11 City Council Minutes INTO A CONTRACT WITH, BRANDSTETTER CARROLL, INC. IN THE AMOUNT OF ($13,500.00) TO PROVIDE ARCHITECTURAL CONCEPTUAL DESIGN SERVICES FOR A FOUR SEASON BUILDING, BAND SHELL AND CONCESSION STAND FOR SUNNY LAKE PARK, TAKING THE NECESSARY FUNDS FROM THE SUNNY LAKE OIL ROYALTIES FUND (#43) MOTION: To remove Ordinance from agenda Mr. Kudley moved; Mr. Galaska seconded. The motion carried on an 8-0 roll call vote. Ordinance AN ORDINANCE ACCEPTING THE PROPOSAL OF, AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH, CAWRSE & ASSOCIATES IN THE AMOUNT OF ($6,500.00) TO PROVIDE LANDSCAPE ARCHITECTURAL CONCEPTUAL DESIGN SERVICES FOR A SUNNY LAKE PARK CONCEPTUAL MASTER PLAN, APPROPRIATING THE NECESSARY FUNDS FROM THE CAPITAL IMPROVEMENT PUBLIC SPACE FUND (#63) MOTION: To remove Ordinance from agenda Mr. Kudley moved; Mr. Galaska seconded. The motion carried on an 8-0 roll call vote. Ordinance AN ORDINANCE CHANGING THE NAME OF FUND #29 FROM SAVE SUNNY LAKE TO PARKS AND LAKE FUND To third reading Ordinance AN ORDINANCE APPROVING A CONDITIONAL ZONING CERTIFICATE FOR THE BREEZY POINT LIMITED PARTNERSHIP FOR A RESIDENTIAL CONSERVATION DEVELOPMENT ON THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF TREAT ROAD AND CHILLICOTHE ROAD, AURORA, OHIO IN AN R-4 ZONING DISTRICT To third reading Ordinance AN ORDINANCE AUTHORIZING THE PAYMENT OF UP TO ($1,000,000) FROM THE BOND RESERVE FUND TO SATISFY A PORTION OF THE GENERAL FUND DEBT REPAYMENT OBLIGATION ON THE 1998 COUNCILMANIC BONDS DURING 2011, 2012, AND 2013, AND AUTHORIZING THE TRANSFER OF UP TO ($1,000,000) DURING THOSE YEARS FROM THE GENERAL FUND TO THE CITY OPERATIONS FUND To third reading Resolution A RESOLUTION ENDORSING THE 1.0 MIL, 5 YEAR PORTAGE COUNTY DISTRICT LIBRARY LEVY Law Director Shorr read the legislation in entirety.

5 City of Aurora, Ohio Page 5 10/10/11 City Council Minutes Mr. Galaska moved; Mr. Vaca seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Resolution Mr. Kovach moved; Mr. Galaska seconded. The motion carried on an 8-0 roll call vote. Mr. Kudley encouraged residents to vote for the levy in November. Ordinance AN ORDINANCE AMENDING EMPLOYEES GENERALLY, AURORA CODE OF ORDINANCES SECTION , TO PLACE THE INDIVIDUALS CONTAINED ON THE ATTACHED LIST ON THE COMPENSATION LIST AT THE COMPENSATION LEVELS SPECIFIED FOR THEM, APPROVING THOSE COMPENSATION LEVELS, AND DECLARING AN EMERGENCY, AS COUNCIL WISHES TO ENACT THIS PROVISION AT THE EARLIEST POSSIBLE OPPORTUNITY (CHECHAK) Mr. Kastelic moved; Mr. Galaska seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance Mr. Galaska moved; Mr. Kovach seconded. The motion carried on an 8-0 roll call vote. Ordinance AN ORDINANCE ACCEPTING THE PROPOSAL OF, AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH, TY, INC. IN THE AMOUNT OF ($26,325.00) TO REPLACE A COLLAPSED STORM SEWER PIPE AT 204 NORTH PARK DRIVE APPROPRIATING THE NECESSARY FUNDS FROM THE GENERAL FUND (#01) AND DECLARING AN EMERGENCY Mr. Vaca moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. Mr. Trew explained the emergency nature of the project. MOTION: To adopt Ordinance Mr. Galaska moved; Mr. Kovach seconded. The motion carried on an 8-0 roll call vote. Resolution A RESOLUTION DECLARING IT NECESSARY TO RENEW AN EXISTING 1.5-MILL TAX LEVY FOR THE PURPOSE OF THE PURCHASE OF AMBULANCE EQUIPMENT, OR THE PROVISION OF AMBULANCE, PARAMEDIC OR OTHER EMERGENCY MEDICAL SERVICES OPERATED BY A FIRE DEPARTMENT OR FIREFIGHTING COMPANY, AND REQUESTING THE PORTAGE COUNTY AUDITOR TO CERTIFY THE TOTAL CURRENT TAX VALUATION OF THE CITY AND THE DOLLAR

6 City of Aurora, Ohio Page 6 10/10/11 City Council Minutes AMOUNT OF REVENUE THAT WOULD BE GENERATED BY THAT RENEWAL LEVY, PURSUANT TO SECTIONS (I) AND OF THE REVISED CODE, AND DECLARING AN EMERGENCY Mr. Vaca moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Resolution Mr. Kovach moved; Mr. Kastelic seconded. The motion carried on an 8-0 roll call vote. Ordinance AN ORDINANCE ACCEPTING THE PROPOSAL OF, AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH, BRANDSTETTER CARROLL, INC. IN THE AMOUNT OF ($11,500.00) TO PROVIDE SCHEMATIC DESIGN SERVICES FOR A CONCESSION STAND AND A REPLACEMENT BUILDING FOR THE BOAT HOUSE WITH THE DESIGN OF THE BUILDING TO INCLUDE RESTROOM FACILITIES AND TO BE SUCH THAT THE FEATURES OF THE BUILDING CAN BE EASILY INCORPORATED INTO A FOUR SEASON BUILDING AT A LATER DATE, WITH THE UNDERSTANDING THAT THE PROJECT WILL BE LIMITED IN SCOPE TO A PROJECTED CONSTRUCTION COST OF NOT MORE THAN ($500,000.00) TAKING THE NECESSARY FUNDS FOR SCHEMATIC DESIGN SERVICES ($11,500.00) FROM THE SUNNY LAKE OIL ROYALTIES FUND (#43) To second reading Ordinance AN ORDINANCE ACCEPTING THE OFFER OF BREEZY POINT LIMITED PARTNERSHIP IN THE AMOUNT OF ($300,000.00) FOR THE PURCHASE OF THE CITY OWNED ACRE PARCEL KNOWN AS THE TREAT ROAD PROPERTY AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO A CONTRACT WITH BREEZY POINT LIMITED PARTNERSHIP SUBSTANTIALLY IN THE FORM ATTACHED HERETO To second reading Ordinance AN ORDINANCE REPEALING ORDINANCE WHICH APPROVED, BY A 9-0 VOTE, THE CITY OF AURORA SITE PLAN FOR A SOFTBALL FIELD LOCATED AT THE KIWANIS MOORE PARK AS WAS RECOMMENDED BY THE PLANNING COMMISSION OF THE CITY OF AURORA Mr. Galaska moved; Ms. McDougald seconded. The motion carried on a unanimous voice vote. Ms. Deb Conti, S. Chillicothe Road, thanked her neighbors for coming out tonight. She stated that the value of the homes in the historical district will be reduced. She urged Council to support this legislation to repeal Ord Mr. George Mazzaro, Eldridge Road, suggested that Council support the legislation to rescind approval of the site plan.

7 City of Aurora, Ohio Page 7 10/10/11 City Council Minutes Ms. McDougald stated she made a mistake in supporting Ord without fully understanding it and explained her opposition to installing the softball field in the proposed location. She also shared photographs of the area that she took. She challenged the references about the approval of the Army Corps of Engineers; and noted that approval was based on a document of the area from She added that there was no information or discussion at the September 12, 2011 meeting about the construction costs. She stated that Mr. Kraus has indicated that he will be asking for $70,000 in the 2012 budget. She noted the cost does not include man hours of city employees and estimated that it would be an additional $50,000. She commented on the trees that have already been removed and the proposed start date for the project. She asked Council to support her efforts to repeal Ord ; and find an alternate location for the softball field. Mr. Galaska stated that he has reviewed all of the documents regarding this issue and supports the legislation to repeal Ord He stated that he understands the intent to keep all of the fields near the schools. He suggested removing the two small fields and installing the softball field in that location. Mr. Vaca asked why Ord was passed on first reading. He stated that he likes Mr. Galaska s recommendation about placing it where the two small ball fields are. Mr. Kudley commented on the Mayor s proposed streetscape project and the effect this project may have on the beautification of the area. He suggested that no additional work be done at the site until the funding has been approved. He asked Mr. Kraus for his recommendation for an alternate location. Mr. Kraus stated that he would have to study other locations and did not want to make a suggestion tonight. Mr. Rausch stated that the City has an approval process; there was a reason this site was selected; and the City Engineer and the Planning Commission have indicated that the storm water regulations and requirements were met. He stated he would like to hear from Mr. Kraus and Mr. Wehrenberg to balance the discussion. Mr. Kovach asked Mr. Kastelic if the Planning Commission had any input on the location. Mr. Kastelic stated that they did not select the site but reviewed the recommendation that came forward. He stated that the plan met all of the stormwater regulations. Mr. Kovach asked if the legislation can go to second reading. Mr. Wehrenberg reviewed the history of the park improvements that were proposed in 2007 and approved by the Parks & Recreation Board, the Planning Commission and City Council. He stated the site plan has been reviewed and approved by the City Engineer and that the assessments made by the residents are unfair. Mr. Wehrenberg commented on the record rainfall that happened earlier this year. Mr. Vaca asked if the Army Corps of Engineers approval is valid given that the topography has changed since Mr. Kraus stated that the Army Corps of Engineers looks at the specific site location and does not take the other fields into consideration. He stated that approval process took over two years and is still valid. He then explained the drainage pattern of the softball field. Mr. Kudley suggested there would be noise and light pollution with the removal of the trees. Mr. Rausch commented on the installation of the retention basin on the property and that the area around the homes has historically been wet even before any ball fields were installed. Mr. Kastelic asked that the motion to suspend be removed and that the ordinance be sent to second

8 City of Aurora, Ohio Page 8 10/10/11 City Council Minutes reading. Mr. Kraus explained that the installation of an infiltration trench was discussed earlier today and will reduce the amount of water that would come off of the field. Mr. Horvat stated that it could be discussed at the next meeting. Mr. Kudley discussed the final costs of the project and not allowing any further work until the funding is approved. Mr. Shorr stated that he would review the options and how that can be addressed before the next meeting. Mr. Kraus stated that he would provide a cost estimate for the next meeting. Ms. McDougald asked that it also include alternate site locations. MOTION: To remove the motion to suspend and send Ordinance to second reading Mr. Kastelic moved; Mr. Galaska seconded. The motion carried on an 8-0 roll call vote. To second reading Citizen Comments General Mr. George Mazzaro, Eldridge Road, stated that the $89,000 is still missing; the purchasing process is being violated; the process for the purchase and sale of property is questionable; there is a conflict of interest with Mr. Shorr and Mr. Fisher and the Walden Association; the Civil Service Commission is not in compliance with its rules and regulations. He asked under what legal authority the Mayor can contribute $500 of city funds to a charitable organization. He stated that he was appalled that the Cable 9 Mayor s Report included discussion of candidates. He suggested that the Mayor s proposed income tax increase be placed on the November 2012 ballot; rather than March Mr. Harold Hatridge, Devorah Drive, thanked the Service Department and the Parks & Recreation Department for getting the lights changed at Veterans Memorial Park. Mr. Steve Spencer, East Blvd, thanked Council for supporting the library levy. Ms. Deb Conti, stated that she supports a softball field; not the proposed location. She stated that she does not support an income tax increase. Ms. Rose Marie Edwards Tasker, Hawthorne Drive, asked Council to consider an alternate location for the softball field and to leave the trees in place. Ms. Edith Tait, Knollwood Drive, stated that she owns the Knit Shop on S. Chillicothe Road. She asked Council to change the location of the field and to not remove any more trees. She stated that her primary concern is drainage water. Mr. Andrew Polinsky, S. Chillicothe Road, stated that he did not even know about the proposed softball field until Ms. McDougald came to his house. He stated that four years ago it was a vacant lot. He asked Council to find another location. Councilman/Committee Remarks Mr. Vaca stated that the paving work in Geauga Lake is complete; he asked for assurance that the driveway aprons and berming would be done. Mr. Kudley commented on Ord He stated that the revised plan was brought forward after

9 City of Aurora, Ohio Page 9 10/10/11 City Council Minutes he and Ms. McDougald met with Mr. Kraus. He added that the $500,000 limit was based on the proceeds from the sale of the Chesnes property. Mr. Kovach stated that there were other members of Council involved in that decision. ADJOURNMENT MOTION: To adjourn Mr. Kastelic moved; Mr. Galaska seconded. The motion carried on an 8-0 roll call vote. The meeting was adjourned at 9:05 p.m. George Horvat, Council Vice President Tracy Humbert, Clerk of Council