DRAFT MINUTES OF THE REGULAR MEETING OF THE AVON LAKE MUNICIPAL COUNCIL HELD AUGUST 28, 2006

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1 DRAFT MINUTES OF THE REGULAR MEETING OF THE AVON LAKE MUNICIPAL COUNCIL HELD AUGUST 28, 2006 The Regular Meeting of the Avon Lake Municipal Council was called to order on August 28, 2006 at 7:30 P.M. in Council Chambers with Council President Zilka presiding. Mr. Rush led the Council, staff, and public in reciting the Pledge of Allegiance. Present were: Council Members Larry Meiners, Martin O Donnell, Timothy Rush, James Simonovich, Michael Stanek, Gregory Zilka, Karl Zuber; Mayor Berner, Director of Finance Joseph Newlin, Engineering Department Manager Joseph Reitz, Law Director Geoffrey Smith, Clerk of Council Barbara Dopp. APPROVAL OF MINUTES The minutes of the July 10, 2006 Regular Council Meeting were approved as prepared and published. PROCLAMATION Mayor Berner presented a proclamation designating September 1, 2006 as Firefighter Appreciation Day in recognition of their fund raising efforts for the Muscular Dystrophy Association. MAYOR S REPORT Mayor Berner made the following announcements: There were 2175 boats launched in the month of July compared to 1988 at the same time last year. On August 8 th and August 14 th, the Mayor, Law Director and Finance Director attended a Lorain County Budget Commission Meeting regarding the distribution of local government funds and the revenue assistance fund. The City of Avon Lake will receive an additional $178, in On August 4 th, Recreation Director Lisa Meiners appeared before Governor Bob Taft to accept the Ohio Healthy City Award on behalf of the City. On September 14, 2006 at 6:30 P.M. the Ohio EPA and Army Corps of Engineers will conduct a Public Hearing at the Lorain Public Library located at

2 351 6 th Street, Lorain. The Public Hearing is in regard to Avon Lake s proposed concrete breakwater at North Point Drive. The Dog Park is scheduled to open in September behind the Avon Lake service garage on Avon Belden Road. Recycled fencing from Weiss Field was used for the Dog Park. The project is close to completion and to date, the City has invested less than $500 in the project. A City employee will be assigned to remove the increasing number of illegal signs from the City right-of-way on Thursday and Friday. COUNCIL PRESIDENT S REPORT Council President Zilka made the following announcements: The next Regular Council Meeting is scheduled for September 11, Due to Labor Day, a CCM will not be held on September 4 th. If needed, a CCM will be held before the September 11 th Council Meeting. ENGINEERING DEPARTMENT REPORT Mr. Reitz announced that the Engineering Update was distributed. LAW DIRECTOR S REPORT Law Director Smith referred to Temporary Legislation #9115 and #9116 which are on tonight s agenda as a result of the Lorain County Budget Commission s meeting held on August 14 th. Mayor Berner explained that the City is appealing the formula for distribution of local government funds because the formula was created as a result of a lawsuit that was settled with the City of Lorain. The administration believes that Avon Lake did not receive its fair share in this settlement and was also required to pay a portion of the settlement. Therefore, the City is filing an appeal in an attempt to receive a refund and to seek a fairer percentage of the local government fund based on the City s understanding of the statutory formula and the alternative formula. FINANCE COMMITTEE REPORT Finance Committee Chair Stanek reported that the Audit Committee met on August 21, 2006 and approved the financial statements through the month of July. There has been a rise in income tax revenue. A Finance Committee Meeting is scheduled for Tuesday, August 29, 2006 at 5:30 P.M. in the Council Conference Room. 2

3 PUBLIC SERVICE COMMITTEE REPORT Public Service Committee Chair O Donnell reported on the following items discussed at the Public Service Committee held on August 21, The Committee recommended that Route 83 be extended to Pin Oak Parkway in conjunction with the City of Avon as an Issue 2 funded project. Concrete sidewalks will be installed on Webber Road from Route 83 to the Waterside Crossing Subdivision. Residents will have until June 1, 2007 to install their own sidewalks, after which time the City will have the work done. An agricultural deferment will be pursued for the Klingshirn winery. Allied Waste Management has proposed a rate increase of $2.46 per month due to the rising costs of labor, regulatory affairs and fuel. Allied Waste has agreed to defer the rate increase for one month to give the Mayor the opportunity to negotiate a better plan. SAFETY COMMITTEE REPORT Safety Committee Chair Zilka announced that a Safety Committee meeting is scheduled for September 28, 2006 at 5:15 P.M. at the Safety Center. Traffic calming and nuisance lighting will be discussed. Mr. Zilka stated that he will withdraw from tonight s agenda the legislation appointing a Fire Department Secretary/Dispatcher since Council did not have the opportunity to review the resumes submitted for the position. There was discussion regarding hiring procedures and Mr. Zilka stated that there is a general feeling among Council that the dispatcher position should be posted. PLANNING COMMISSION REPORT Planning Commission Representative Simonovich reported on the following results of the July 11, 2006 and the August 1, 2006 Planning Commission Meetings. July 11, 2006 Meeting A request to restrict fence heights on lake front lots was denied by a vote of 6-1. An application from Thogus Products for a ground sign site plan was approved by a vote of 7-0. A request from the City of Avon Lake for a Code revision regarding project boundary setbacks was tabled by a vote 7-0. The improvement plans for Waterside Crossing North Cluster Group C was approved by a vote of

4 August 1, 2006 Meeting The general development plan for Piccolo Place 2 & 3 was approved by a vote of 5-0. The site plan for Sissions Flowers was approved by a vote 5-0. A building addition site plan for Charles Pimsner was approved by a vote of 5-0. The improvement plans for Legacy Pointe Phase 6 were approved by a vote of 5-0. A signage site plan for Legacy Pointe Phase 6 was approved by a vote of 5-0. A landscaping plan for Legacy Pointe Phase 6 was approved by a vote of 5-0. A Work Session was held regarding the 45 s cottage district survey, Code revisions for project boundary setbacks, maximum lot coverage, and rear yard setbacks. ZONING BOARD OF APPEALS REPORT Mayor Berner reported on the following results of the July Zoning Board of Appeals meeting: four variances were approved; two for accessory use; one for a setback; and one for development regulations. ENVIRONMENTAL AFFAIRS ADVISORY BOARD REPORT Mr. Rush announced that a meeting of the EAAB is scheduled for September 6, 2006 at 6:00 P.M. at the Lake House. WALKER ROAD PARK AD HOC COMMITTEE REPORT On September 9, 2006 the Walker Road Park Ad Hoc Committee will meet at 5:45 P.M. at Bay Village City Hall. MOTIONS Mr. O Donnell moved to authorize the Mayor to sign an application for gypsy moth spraying. The application to the Ohio Department of Natural Resources, Department of Forestry, is due September 1, The spraying will take place along the lake shore from Bay Village to Moore Road, and the area east of Crestwood north of Walker Road. Infestation has not been identified south of Walker Road and will not be included in the spring spraying program. The total area to be sprayed covers 2492 acres. The cost will range from $44,800 to $127,000. If funds are available, half of the cost will be covered by the State. 4

5 Mr. Zilka moved to accept the resignation of Cindi Szilvasy, Fire Department Secretary/Dispatcher. Mr. Zuber moved to accept the resignation of Ronald Holub, Service Department Mechanic, effective August 31, Mr. Zuber moved to accept the resignation of Mary Pajak, Secretary, effective August 31, Mr. Stanek moved to authorize the Finance Director to issue a refund in the amount of $ to Sandra Kess for sewer assessments. The Finance Department accepted a balance payment from Mrs. Kess after it had been certified to the County for collection. Mr. O Donnell moved to authorize the City to advertise for bids for the Walker Road Sidewalk Project. This project includes the area between Jaycox and Avon Belden Roads. Mr. Simonovich moved to authorize the Mayor to sign a sewer easement agreement for Aqua Marine Condominiums. This agreement will permit the City to service the sewers on the property if necessary. 5

6 Mr. O Donnell moved to authorize the purchase of a leaf vacuum for the Service Department. The purchase price is $13,994 through the State Purchasing Program. A portion of the recycling grant will be used for this purchase. Mr. O Donnell moved to authorize the City to readvertise for bids for the ALPS resealing project. Zero bids were received after the City originally advertised for bids. Mr. Zilka moved to authorize the purchase of three notebook computers for the Police Department from TAC Computer Company for a total of $11,176. These Panasonic computers will be used in the police cruisers. This was the lowest quotation received. LEGISLATION Mr. Zilka moved to remove Temporary Legislation #9106 from the agenda. By removing this legislation and postponing the appointment of a dispatcher in the Fire Department, the Human Resources Director will have time to post the vacancy. Yes: Rush, Simonovich, Stanek, Zilka, Meiners, O Donnell No: Zuber Second Readings: Temporary Legislation #9104, AN ORDINANCE AMENDING CHAPTER OF THE CODIFIED ORDINANCES, ENTITLED EXTERIOR PROPERTY MAINTENANCE, was read by title only. Mr. Simonovich stated that this legislation is a result of an issue brought to Safety Committee regarding the nuisance of security lights shining into the homes and yards of surrounding property owners. The third reading of this legislation will be 6

7 delayed until the issue can be discussed at the September 28 th Safety Committee meeting. Mr. Simonovich requested the Law Director to give an opinion as to whether or not the enforcement of the Code amendment regarding nuisance lighting could be retroactive. First Readings: Temporary Legislation #9107, AN ORDINANCE APPROVING THE IMPROVEMENT PLANS FOR WATERSIDE CROSSING NORTH CLUSTER GROUP C. Mr. Simonovich reported that this phase of the subdivision will install improvements for 22 detached cluster units on the west side of the new Belmar Boulevard. The street is private with an easement to the City for water and sanitary sewers. Temporary Legislation #9108, AN ORDINANCE APPROVING THE IMPROVEMENT PLANS FOR LEGACY POINTE PLANNED UNIT DEVELOPMENT, PHASE 6, was read by title only. Mr. Simonovich reported that this project will construct improvements for 33 single family homes and will create a new intersection on Walker Road. Traffic calming measures will be installed. Temporary Legislation #9109, AN ORDINANCE APPROVING THE GENERAL DEVELOPMENT PLANS FOR PICCOLO PLACE PHASES 2 & 3, was read by title only. Mr. Simonovich reported that these phases will extend Piccolo Place to Walker Road and will add acres for a total of acres with a total density of 2.22 units per acre. Temporary Legislation #9110, AN ORDINANCE DECLARING THE NECESSITY TO CONSTRUCT SIDEWALKS AND/OR DRIVEWAYS AND DITCH ENCLOSURES ON THE NORTH SIDE OF WEBBER ROAD BETWEEN PICCOLO PLACE AND WATERSIDE CROSSING SUBDIVISIONS IN THE CITY OF AVON LAKE AND REQUIRING ABUTTING PROPERTY OWNERS TO CONSTRUCT THE SAME, was read by title only. Mr. O Donnell stated that this item was discussed in his earlier Public Service Committee report. The Resolution will be amended to state that sidewalks will be installed from SR 83 rather than from Piccolo Place. Temporary Legislation #9111, A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF AVON LAKE TO SUBMIT THE APPLICATION AND ENTER 7

8 INTO AN AGREEMENT WITH THE OHIO PUBLIC WORKS COMMISSION AND TO EXECUTE THE NECESSARY CONTRACT FOR THE PURPOSE OF ACQUIRING ISSUE 2 FUNDS, AND DECLARING AN EMERGENCY, was read by title only. Mr. O Donnell moved for suspension of the rule requiring three readings. Mr. O Donnell moved for passage of Temporary Legislation #9111. He stated that the City will apply for funds for the extension of SR 83 to Pin Oak Parkway. The installation of a third lane on Walker Road is another option for use of Issue 2 funds. Resolution No adopted Temporary Legislation #9112, A RESOLUTION OF GRATITUDE AND APPRECIATION TO RONALD HOLUB, was read by title only. Temporary Legislation #9113, A RESOLUTION OF GRATITUDE AND APPRECIATION TO MARY PAJAK, was read by title only. Temporary Legislation #9114, AN ORDINANCE APPROVING THE EXPENSES FOR UNDERGROUND ELECTRICAL SERVICE AT WALKER ROAD PARK, AND DECLARING AN EMERGENCY, was read by title only. Mr. O Donnell moved for suspension of the rule requiring three readings. Mr. O Donnell moved for passage of Temporary #9114. The Illuminating Company fee for the underground electrical service for the park is $30, The City of Bay Village will pay 50% of this fee. Ordinance No adopted Temporary Legislation #9115, A RESOLUTION AUTHORIZING AN APPEAL BY THE AVON LAKE FINANCE DIRECTOR TO THE STATE OF OHIO 8

9 BOARD OF TAX APPESLS OF THE LORAIN COUNTY BUDGET COMMISSION S LOCAL GOVERNMENT AND REVUNE ASSISTANCE APPORTIONMENT OT LORAIN COUNTY SUB-DIVISIONS FOR THE 2007 YEAR IN ACCORDANCE WITH THE ALTERNATE FORMULA AGREEMENT THAT WAS FINALIZED IN 2003, AND DECLARING AN EMERGENCY, was read by title only. Mr. Stanek moved for suspension of the rule requiring three readings. Motion carried Mr. Stanek moved for passage of Temporary Legislation #9115. The appeal was discussed in the Law Director s report. Resolution No adopted Temporary Legislation #9016, AN ORDINANCE PROVIDING FOR LEGAL SERVICES FOR INSURING PROPER LOCAL GOVERNMENT AND REVENUE ASSISTANCE FUNDS DISTRIBUTION TO AVON LAKE, AND DECLARING AND EMERGENCY, was read by title only. Mr. Zilka moved for suspension of the rule requiring three readings. Motion carried Mr. Zilka moved for passage of Temporary Legislation #9116. Law Director Smith stated that this Ordinance allocates the funds necessary to file the appeal with the Ohio Board of Tax Appeals. Ordinance No adopted PUBLIC INPUT Bob Henchar, 198 Crestwood, Avon Lake, addressed Council regarding gypsy moth spraying and road work on Crestwood. Mr. Stanek moved for adjournment. 9

10 Motion carried Adjournment: 8:39 P.M. Council President Clerk of Council 10

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