City of Aurora, Ohio CITY COUNCIL MEETING MINUTES January 23, 2017

City of Aurora, Ohio CITY COUNCIL MEETING MINUTES January 23, 2017 The Council of the City of Aurora, Ohio met in Council Chambers at City Hall on Monday, January 23, 2017 for the purpose of holding a regular public meeting. Council 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: Also Present: Reve Barner Kathi Grandillo Harold Hatridge George Horvat John Kudley, Jr. Amy McDougald James Vaca Scott Wolf Dennis Kovach Ann Womer Benjamin, Mayor Dean DePiero, Law Director Tim Clymer, Finance Director Karen Aldredge, Chief of Staff Denis Januska, Director of Planning, Zoning and Building James Kraus, Director of Parks & Recreation John Trew, Director of Public Services Jack Burge, Director of Economic and Entrepreneurial Development David Barnes, Fire Chief Andrew Lumpkins, Police Lieutenant Tracy Humbert, Secretary Pro Tem For clarity all items appear in the meeting minutes in the same order as they appear on the meeting agenda. MOTION: To appoint Ms. Humbert secretary pro-tem Mr. Kudley moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. Consideration of Minutes MOTION: Approval of the January 9, 2017, Meeting minutes Mr. Hatridge moved; Ms. Grandillo seconded. The motion carried on a 6-0-2 roll call vote. Ms. Barner and Ms. McDougald abstained. ABSTAIN: Grandillo, Hatridge, Horvat, Kudley, Vaca, Wolf Barner, McDougald Mayor s Report (Attached) Mayor Womer Benjamin said Council will be asked to add to the 2017 Budget $350,130 from Water Capital Fund for a Backup Generator; $3,900 from the Public Space Fund for trees on Shannon Place; and $100,000 from City Operation Funds for Inspections. She said she would appreciate Council s support to

City of Aurora, Ohio Page 2 01/23/2017 City Council Minutes amend and approve the budget. She reminded everyone the State of the City luncheon will be held on Wednesday, February 22 at 11:00 a.m. She said Council is being asked to add an ordinance to the agenda this evening regarding a pending agreement with Hawthorn Developer, Mr. Mark Constantino for the acquisition of Aurora Lake Road with financial contribution by Mr. Constantino. She stated the details are still being negotiated. Mayor Womer Benjamin provided a brief recap of those she met with and functions that she attended since the last meeting of Council. Law Director s Report (Attached) Mr. DePiero stated the Police Dispatchers and Police Officers both executed their contracts with the Mayor this week. He said an Annual Report from the Law Department is being prepared detailing what they have been working on will be presented to Council at the next meeting. Council President s Report (Attached) MOTION: To amend the agenda by adding Ordinances 2017-011 thru 2017-015 Mr. Wolf moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. Citizens Comments Legislation Mr. George Mazzaro, Eldridge Road commented on Ord. 2016-180 he asked if the 2016 encumbrances are included in the 2017 appropriations. Ord. 2017-015 he said whatever is done it will cost no less than $1.5 million. He said he has a problem with the city taking care of it. Mr. Clymer commented on Ord. 2016-180 he stated the $1.7 million in outstanding encumbrances in 2016 was charged to the 2016 budget and is not a part of the proposed appropriations in the 2017 budget. He indicated where the charge is shown on the fund summary page. Councilman Remarks Legislation There were no comments. Legislation Ordinance 2016-180 AN ORDINANCE APPROVING AND ADOPTING THE ANNUAL BUDGET AND APPROPRIATIONS FOR CALENDAR YEAR 2017, AS SUBMITTED BY MAYOR ANN WOMER BENJAMIN, AND APPROPRIATING THE MONIES NECESSITATED BY THE ADOPTION OF THAT BUDGET MOTION: To amend the Annual Budget by adding and additional $350,130 for a Backup Generator for the SR43 Pump Station to the Water Capital Fund 71; $3,900 for trees on Shannon Place to the Public Space Fund 63; and $100,000 for inspection fees to City Operation Fund 52 Mr. Kudley moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. Mr. Kudley said he has asked the Law Director to look at into bringing legislation to Council that would require the Mayor to get Council s approval before a single dollar is expended on any type of organization. He said his approval of the budget was dependent upon this matter being looked into. MOTION: To adopt Ordinance 2017-180 as amended Ms. McDougald moved; Ms. Grandillo seconded. The motion carried on an 8-0 roll call vote.

City of Aurora, Ohio Page 3 01/23/2017 City Council Minutes Resolution 2017-005 A RESOLUTION CONFIRMING THE MAYOR S APPOINTMENT OF MR. THOMAS SHROUT TO MEMBERSHIP ON AURORA S ARCHITECTURAL BOARD OF REVIEW, FOR THE TERM ENDING DECEMBER 31, 2020, REPLACING MS. CRYSTAL LAVY, AND DECLARING AN EMERGENCY AS THE CURRENT TERM EXPIRED DECEMBER 31, 2016 AND COUNCIL DESIRES TO APPROVE THIS APPOINTMENT AT THE EARLIEST POSSIBLE OPPORTUNITY TO ENSURE CONTINUITY OF THE ARCHITECTURAL BOARD OF REVIEW IN ACCORDANCE WITH CHAPTER 1321 OF THE CODIFIED ORDINANCES OF THE CITY OF AURORA Mr. Vaca moved; Mr. Wolf seconded. The motion carried on a unanimous voice vote. Mr. George Mazzaro, Eldridge Road; said Ms. Lavy did an excellent job and he hates to see her go. MOTION: To adopt Resolution 2017-005 Mr. Vaca moved; Mr. Wolf seconded. The motion carried on an 8-0 roll call vote. Ordinance 2017-006 AN ORDINANCE AMENDING SECTION 935.01 "EXEMPTION LEVEL" OF AURORA'S CODIFIED ORDINANCES Ordinance 2017-007 AN ORDINANCE APPROVING THE FINAL PLAT FOR HAWTHORN OF AURORA, PHASE 5 LOCATED ON THE SOUTH SIDE OF AURORA LAKE ROAD AND WEST OF NORTH AURORA ROAD, IN A PD PLANNED DEVELOPMENT ZONING DISTRICT AND DECLARING AN EMERGENCY IN ORDER TO ALLOW THE PROJECT TO BEGIN DURING THE CONSTRUCTION SEASON Ordinance 2017-008 AN ORDINANCE AMENDING SECTION 1159.03(A)(3) "ENFORCEMENT" OF AURORA'S CODIFIED ORDINANCES AMENDING THE REVIEW PROCESS FOR ANY VARIANCE GRANTED FOR A SIGN WITHIN 250 FEET OF A DESIGNATED HISTORIC DISTRICT OR A T-1 ZONED DISTRICT MOTION: To amend by replacing with proposed amendment provided by the Law Department Mr. Kudley moved; Mr. Hatridge seconded. The motion carried on a unanimous voice vote. Mr. Vaca said he understands the Historic District, but has a problem with the T-1. Mr. Kudley said the signs are already prohibited in the T-1. He said it is the transitional zone between the two historical districts. Ms. Januska explained the Aurora Inn is not in the Historic District or the T-1 District, but because those two districts do not allow electronic signs they went with the 250 to make a cohesive strip between these districts to keep the historic character and not allow electronic signs within it. Ms. McDougald asked if this will affect the decision regarding the Aurora Inn. Ms. Januska said it does not.

City of Aurora, Ohio Page 4 01/23/2017 City Council Minutes Ms. McDougald said she is glad to see this. Ms. Barner said she thinks this is great as she is not a fan of digital signs within the city. Mayor Womer Benjamin said this provision affects all sign variances; not just electronic signs. She said she personally spoke with Mr. Mansfield of the Aurora Inn and assured him this would not impact his sign. She said it was his situation that the realization was made on what our sign code did and did not do. MOTION: To schedule a public hearing for Ordinance 2017-008 on Monday, February 27, 2017 at 7:00 PM Mr. Kudley moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. Ordinance 2017-009 AN ORDINANCE AMENDING SECTION 1159.04(E) "GENERAL REQUIREMENTS-ELECTRONIC DISPLAY SIGNS" OF AURORA'S CODIFIED ORDINANCES AMENDING THE PERMITTED AREAS FOR ELECTRONIC DISPLAY SIGNS MOTION: To schedule a public hearing for Ordinance 2017-009 on Monday, February 27, 2017 at 7:00 PM Ms. Grandillo moved; Ms. McDougald seconded. The motion carried on a unanimous voice vote. To seconded reading Ordinance 2017-010 AN ORDINANCE IMPOSING A MORATORIUM, NOT TO EXCEED NINETY (90) DAYS, ON THE ISSUANCE AND PROCESSING OF ANY PERMITS ALLOWING ELECTRONIC DISPLAY SIGNS PURSUANT TO AURORA CODIFIED ORDINANCE 1159.04(E) AND RELATED SECTIONS, WITHIN THE CITY OF AURORA AND DECLARING AN EMERGENCY Ms. Grandillo moved; Ms. Barner seconded. The motion carried on a unanimous voice vote. Mr. DePiero explained the recommendation was made by the Planning Commission to Council for a moratorium for 90 days on the issuance of any permits allowing electronic signs. He said the reason being is the Charter requires 30 days for a public hearing and the legislation is not passed under an emergency so there is another 30 day waiting period. He said this is to ensure if Council passes Ord. 2017-09 the city is protected. Mr. Vaca asked if this is strictly on electronic signs. He said it seems the biggest problem in the city is signs. MOTION: To adopt Ordinance 2017-010 Mr. Wolf moved; Ms. McDougald seconded. The motion carried on a 7-1 roll call vote. Barner, Grandillo, Hatridge, Horvat, Kudley, McDougald, Wolf Vaca Ordinance 2017-011 AN ORDINANCE AMENDING EXHIBIT "A" TO AURORA CODE OF ORDINANCES CHAPTER 161, "EMPLOYEES GENERALLY," TO REFLECT CHANGES IN COMPENSATION FOR THE INDIVIDUALS LISTED ON THE ATTACHED SCHEDULE AND/OR TO PLACE THOSE NEWLY HIRED INDIVIDUALS LISTED ON THE

City of Aurora, Ohio Page 5 01/23/2017 City Council Minutes ATTACHED SCHEDULE ON EXHIBIT "A" AT THE COMPENSATION SPECIFIED FOR THEM, APPROVING SUCH COMPENSATION, AND DECLARING AN EMERGENCY (ANNUAL INCREASES FOR CITY EMPLOYEES) Mr. Wolf moved; Mr. Vaca seconded. The motion carried on a 7-0-1 roll call vote. Mr. Kudley abstained. ABSTAIN: Barner, Grandillo, Hatridge, Horvat, McDougald, Vaca, Wolf Kudley MOTION: To adopt Ordinance 2017-011 Mr. Wolf moved; Mr. Vaca seconded. The motion carried on a 7-0-1 roll call vote. Mr. Kudley abstained. ABSTAIN: Barner, Grandillo, Hatridge, Horvat, McDougald, Vaca, Wolf Kudley Ordinance 2017-012 AN ORDINANCE APPROVING AN AMENDMENT TO THE CONTRACT FOR THE PROVISION OF LEGAL SERVICES TO REFLECT A 2% INCREASE TO THE BASE SALARY OF THE LAW DIRECTOR, CONSISTENT WITH OTHER NON-UNION EMPLOYEES FOR 2017, AND DECLARING AN EMERGENCY TO ENSURE THE CONTINUITY OF THE LAW DEPARTMENT PURSUANT TO ARTICLE VII OF THE CITY CHARTER Mr. Hatridge moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2017-012 Ms. McDougald moved; Ms. Grandillo seconded. The motion carried on an 8-0 roll call vote. Ordinance 2017-013 AN ORDINANCE AMENDING EXHIBIT "A" TO AURORA CODE OF ORDINANCES CHAPTER 161, "EMPLOYEES GENERALLY," TO REFLECT CHANGES IN COMPENSATION FOR THE INDIVIDUALS LISTED ON THE ATTACHED SCHEDULE AND/OR TO PLACE THOSE NEWLY HIRED INDIVIDUALS LISTED ON THE ATTACHED SCHEDULE ON EXHIBIT "A" AT THE COMPENSATION SPECIFIED FOR THEM, APPROVING SUCH COMPENSATION, AND DECLARING AN EMERGENCY (CHITTICK, GRECOL, MCBIRNEY, WHITE) Mr. Wolf moved; Mr. Vaca seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2017-013 Mr. Wolf moved; Ms. Grandillo seconded. The motion carried on an 8-0 roll call vote. Barner, Grandillo, Hatridge, Horvat, McDougald, Vaca, Wolf Ordinance 2017-014 AN ORDINANCE AUTHORIZING THE PURCHASE OF A COT LOADING SYSTEM FROM STRYKER EMS EQUIPMENT IN THE AMOUNT OF $26,282.00, TAKING THE NECESSARY FUNDS FROM THE FIRE PARAMEDIC LEVY FUND (#39) AND DECLARING AN EMERGENCY IN ORDER TO EXPEDITE THE

City of Aurora, Ohio Page 6 01/23/2017 City Council Minutes PURCHASE OF EMERGENCY EQUIPMENT TO INSTALL IN THE NEW AMBULANCE THAT IS CURRENTLY BEING BUILT Ordinance 2017-015 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED HERETO, WITH HAWTHORN OF AURORA AND THE CONSTAN DEVELOPMENT CO. FOR THE DEDICATION FOR PUBLIC USE TO THE CITY OF AURORA, A PORTION OF AURORA LAKE ROAD IN THE CITY OF AURORA, PORTAGE COUNTY OHIO AND DECLARING AN EMERGENCY Citizens Comments Chief Barnes commented on Ord. 2017-013 he said the reason for the vacancies is that Captain Bradley Davis has retired. He said Captain Davis worked 36 years for the city; he started in 1981 as a police officer and in 1989 became a firefighter. He said Captain Davis was a Paramedic/EMS Instructor and the EMS Coordinator. He said Captain Davis will be missed. Chief Barnes said in order to replace him a Civil Service test for Captains was given and Lt. Matt McBirney placed first. He said Lt. McBirney has been with the city since 1997. He said Lt. McBirney is an Iraq War veteran; has a degree from University of Cincinnati and has worked hard to prove himself. Chief Barnes said Firefighter Ed Greco has been with the city since 1999. He said Mr. Greco is a CPR Instructor and also a Paramedic. He said Mr. Greco will fill the lieutenant vacancy left by Mr. McBirney. Mr. George Mazzaro, Eldridge Road, said Council should take the time to read the police and fire reports. He said they tell so much about the community. Councilman and Committee Remarks Ms. Barner thanked Chief Barnes for the explanation for the raises. She said anyone in uniform who protects the city deserves every bit of the raise. She asked regarding Ord. 2017-007 if it is the last phase. Ms. Januska said it is not the last phase. She said she expects to see two more. Ms. Barner asked if it will be Pulte as well or custom built homes. Ms. Januska directed the question to the developer, Mr. Constantino. Mr. Mark Constantino, 9059 Old Meadow Drive, Chagrin Falls, Hawthorn Developer said he has had discussions with Pulte but as of yet there is nothing definite with anyone. Ms. Barner asked if the additional phases will go around the lake or across the lake. Mr. Constantino said what happens after Phases 5, 6, and 7 will be based on further investigation. Ms. McDougald wished Mr. Kovach a speedy recovery and said she hopes to see him at the next meeting. Mr. Vaca said Mr. Davis was also a dispatcher. He said Mr. Davis is a great teacher and a fantastic chef. He said he was a super person to work with and will be missed. Mr. Vaca asked how much acreage is owned by Mr. Constantino on the north side of Aurora Lake Road. He asked if he had plans for that property.

City of Aurora, Ohio Page 7 01/23/2017 City Council Minutes Mr. Constantino said he does, there are a lot of plans but none are to fruition. He said he is not sure of the amount of acreage on the north side. Mr. Hatridge commended Ms. Lavy for her dedication and time served on the ABR. He said Captain Davis is a great guy and he wished him luck. Ms. Grandillo thanked the Mayor and Mr. Trew for the quick installation of the flashing stop signs. Ms. Barner said the stop signs are fantastic and would like to see more of them in the area. She asked if there is an update for the opening of the new Starbucks and for the vacancy left by Starbucks. Mayor Womer Benjamin said the old Starbucks closed this afternoon and the new one will open on Friday. She said she has only heard rumors to what will go into the old location. Adjournment MOTION: To adjourn Mr. Vaca moved; Ms. Grandillo seconded. The motion carried on an 8-0 roll call vote. The meeting was adjourned at 7:43 p.m. George Horvat, Council President Donna Hawks, Clerk of Council