City of Aurora, Ohio CITY COUNCIL MEETING MINUTES March 27, 2017

City of Aurora, Ohio CITY COUNCIL MEETING MINUTES March 27, 2017 The Council of the City of Aurora, Ohio met in Council Chambers at City Hall on Monday, March 27, 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: Kathi Grandillo Harold Hatridge George Horvat Dennis Kovach John Kudley, Jr. James Vaca Reva Barner Amy McDougald Scott Wolf Ann Womer Benjamin, Mayor Dean DePiero, Law Director James Kraus, Director of Parks & Recreation John Trew, Director of Public Services David Barnes, Fire Chief Robert Hagquist, Police Lieutenant Donna Hawks, Clerk of Council For clarity all items appear in the meeting minutes in the same order as they appear on the meeting agenda. Consideration of Minutes MOTION: Approval of the March 13, 2017, Meeting minutes Mr. Vaca moved; Ms. Grandillo seconded. The motion carried on a 5-0-1 roll call vote. Mr. Kovach abstained. ABSTAIN: Grandillo, Hatridge, Horvat, Kudley, Vaca, Kovach Mayor s Report (Attached) Mayor Womer Benjamin extended her congratulations to Chief Byard on successfully completing the 10 week FBI National Academy program held in Quantico, Virginia. She thanked Lt. Robert Hagquist and Lt. Andrew Lumpkins for managing the department in his absence. She said on April 1 the city will begin its new Residential Lock Box program. She said applications and additional information about the program are available on the city website or by calling the Fire Station. Mayor Womer Benjamin said applications are still being accepted for the Sidewalk Transitional Assistance Repair program. She said they are also available on the city website, at City Hall or by calling City Hall. She thanked the Aurora Board of Education and School District for their continuing cooperation supporting the added parking area next to Craddock School. She said the city is grateful for the schools generous accommodation for again renewing the agreement for another year.

City of Aurora, Ohio Page 2 03/27/2017 City Council Minutes 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 said Council is being asked to consider and adopt Ord. 2017-053. He said Council previously approved legislation for a 180 day moratorium on activation/installation of any system referred to as a DAS system or NODES. He said the Ohio Legislature passed HB311 which is a bill that deals with the regulation of pet stores. He said language was inserted into the bill that took away a municipality s right to regulate the facilities in a right of way. He said they also voted to not allow municipalities to place moratoriums on these types of activities. Mr. DePiero said he is asking Council to enact another moratorium starting immediately for another 120 days. He explained the reason is that there is an effort now with 30-40 communities to file a Home Rule Challenge and a Single Subject Rule challenge through the bill. Mr. Vaca asked if it is standard operating procedure for government to add on to bills. Mr. DePiero said this is challenged many times at the Ohio Supreme Court level. He said some of the time they think it is and many times they think it is not. Council President s Report (Attached) MOTION: To amend the agenda by adding Ordinances 2017-049 thru 2017-050, 2017-052 & 2017-053 Ms. Grandillo moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. MOTION: To amend the agenda to adding Ordinance 2017-051 Mr. Kudley moved; Ms. Grandillo seconded. The motion carried on a majority voice vote. Mr. Vaca abstained. MOTION: To amend the agenda by adding an Executive Session for imminent litigation before Citizen s Comments Mr. Kovach moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. MOTION: To amend the agenda by adding emergency clause for Ordinances 2017-046 & 2017-047 Mr. Kudley moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. MOTION: To enter into Executive Session pursuant to Ohio Revised Code 121.22(G)(3) to discuss potential imminent litigation regarding Homestead Phase 3, Block A in connection with Ordinances 2017-024 and 2017-025 Mr. Kudley moved; Mr. Vaca seconded. The motion carried on a 6-0 roll call vote., Council entered into Executive Session at 7:14 p.m. MOTION: To return to Open Session Mr. Kudley moved; Ms. Grandillo seconded. The motion carried on a 6-0 roll call vote.

City of Aurora, Ohio Page 3 03/27/2017 City Council Minutes Council returned to open session at 7:40 p.m. Citizens Comments Legislation Mr. Frank Vitale, Westview Drive commented on Ord. 2017-025 he stated he and the residents of Westview Drive, E. Homestead and Lookout Point continue their objection to the passage of the ordinance. He said they are concerned with the capacity issue of pond #1 that jeopardizes them for another flood with any further development. He requested Council to form a subcommittee so all parties can be heard and in a collaborative manor come to a conclusion for all parties that is a win/win situation. Ms. Den Conti, S. Chillicothe Road commented on Ord. 2017-015 she said she was wondering if construction bonds can apply. She is concerned with how the math is going with what the developer is going to put in and the price tag that is left for the city. Ord. 2017-034, 035, 042, 043, 044, 049 & 050 she said wants to know the procedure for old equipment; where does it go; and is there any cost recouped. Ord. 2017-045 she asked how many signs there are; what do they look like; and which roads will they be attached. Mr. George Mazzaro, Eldridge Road, commented on Ord. 2017-015 he said he believes there will be an agreement attached to the legislation. Ord. 2017-024 & 2017-025 he said if Council approves them they should be approved pending the completion and correction of the water problem in the area. He said it bothers him no one asked the engineer if anyone took measurements of the pond. Ord. 2017-031 & 2017-032 he said $200,000 of taxpayer s money is being spent and he remembers when Council never got a dime and they were very happy to do the job. Ord. 2017-039 he asked why a special consultant is needed. Ord. 2017-045 he asked why there was only one proposal. Ord. 2017-048 he said in the last year zoning has been given in wetlands throughout the city and no one cares. He said it cannot continue. Councilman Remarks Legislation Mr. Vaca commented on Ord. 2017-045 he said there are six signs. He also stated small signs are needed on Lake, Moneta, Bryce, Lloyd, and E. Blvd. Legislation 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 MOTION: To postpone Ordinance 2017-015 Mr. Kudley moved; Ms. Grandillo seconded. The motion carried on a 6-0 roll call vote. Ordinance 2017-024 AN ORDINANCE APPROVING THE FINAL PLAT FOR HOMESTEAD, PHASE 3, BLOCK A, LOCATED ON THE SOUTH SIDE OF EAST HOMESTEAD DRIVE AND EAST OF EGGLESTON ROAD, IN A PD PLANNED DEVELOPMENT ZONING DISTRICT

City of Aurora, Ohio Page 4 03/27/2017 City Council Minutes MOTION: To postpone Ordinance 2017-024 Mr. Kudley moved; Mrs. Grandillo seconded. The motion carried on a 6-0 roll call vote. Ordinance 2017-025 AN ORDINANCE APPROVING THE REVISED DEVELOPMENT PLAN OF HOMESTEAD, PHASE 3, BLOCK A, LOCATED ON THE NORTH SIDE OF EAST HOMESTEAD DRIVE AND EAST OF EGGLESTON ROAD, IN A PD PLANNED DEVELOPMENT ZONING DISTRICT MOTION: To postpone Ordinance 2017-025 Mr. Kudley moved; Mrs. Grandillo seconded. The motion carried on a 6-0 roll call vote. Ordinance 2017-031 AN ORDINANCE SETTING THE COMPENSATION OF THE MAYOR FOR THE PERIODS BEGINNING JANUARY 1, 2020 THROUGH DECEMBER 31, 2023 Ordinance 2017-032 AN ORDINANCE SETTING THE COMPENSATION OF EACH MEMBER OF COUNCIL FOR THE PERIODS BEGINNING JANUARY 1, 2020 THROUGH DECEMBER 31, 2023 Ordinance 2017-033 CONTRACT WITH PYROTECHNICO IN THE AMOUNT OF $17,500.00 TO PERFORM THE CITY'S JULY 4TH FIREWORKS PROGRAM, TAKING THE NECESSARY FUNDS FROM THE RECREATION FUND (#78) Ordinance 2017-034 AN ORDINANCE AUTHORIZING THE PURCHASE OF A 2017 FORD F-150 TRUCK FROM LIBERTY FORD FOR USE BY THE DIVISION OF PLANNING, ZONING AND BUILDING, AT A COST OF $27,295.00, LESS THE TRADE IN ALLOWANCE OF $6,000.00 FOR (1) FORD F-150 CURRENTLY OWNED BY THE CITY, FOR A NET COST OF $21,295.00, WHICH IS LESS THAN THE AMOUNT ON THE STATE BID LIST, TAKING THE NECESSARY FUNDS FROM THE CAPITAL IMPROVEMENT FUND (#60) AND DECLARING AN EMERGENCY IN ORDER TO HOLD PRICING MOTION: To suspend the rule requiring an ordinance to be read on three separate occasions Mr. Kovach moved; Mr. Hatridge seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2017-034 Mr. Hatridge moved; Mr. Vaca seconded. The motion carried on a 6-0 roll call vote.

City of Aurora, Ohio Page 5 03/27/2017 City Council Minutes Ordinance 2017-035 AN ORDINANCE AUTHORIZING THE PURCHASE OF TWO 2017 FORD EXPLORER INTERCEPTORS FROM LEBANON FORD, THROUGH THE STATE OF OHIO BID LIST, FOR USE BY THE DIVISION OF POLICE, AT A COST OF $54,818.00 LESS THE TRADE IN ALLOWANCE OF $9,300.00 FOR TWO VEHICLES CURRENTLY OWNED BY THE CITY FOR A NET COST OF $45,518.00, TAKING THE NECESSARY FUNDS FROM THE CAPITAL IMPROVEMENT FUND (#60) AND DECLARING AN EMERGENCY IN ORDER Ordinance 2017-039 CONTRACT WITH, INSITE ADVISORY GROUP, LLC, SUBSTANTIALLY IN THE FORM ATTACHED HERETO, IN AN AMOUNT NOT TO EXCEED $15,000.00 FOR CONSULTING SERVICES IN CONNECTION WITH THE MIXED-USE DEVELOPMENT DISTRICT TO DEVELOP DESIGN STANDARDS FOR THE HISTORIC OVERLAY DISTRICT, TAKING THE NECESSARY FUNDS FROM THE GENERAL FUND (#01) AND DECLARING AN EMERGENCY IN ORDER TO ENSURE CONTINUED ASSISTANCE WITH THE MIXED-USE DEVELOPMENT DISTRICT Ordinance 2017-042 CONTRACT WITH VASU COMMUNICATIONS IN THE AMOUNT OF $80,891.10 TO PURCHASE PORTABLE RADIOS FOR USE BY THE FIRE DEPARTMENT, TAKING $74,000.00 FROM THE CAPITAL IMPROVEMENT FUND (#60) WITH AN ADDITIONAL APPROPRIATION OF $6,891.10 FROM THE CAPITAL IMPROVEMENT FUND (#60) AND DECLARING AN EMERGENCY TO PROVIDE UNINTERRUPTED EMERGENCY COMMUNICATIONS MOTION: To suspend the rule requiring an ordinance to be read on three separate occasions Mr. Kudley moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2017-012 Mr. Kovach moved; Mr. Vaca seconded. The motion carried on a 6-0 roll call vote. Ordinance 2017-043 CONTRACT WITH, CHAGRIN PET, GARDEN & POWER EQUIPMENT SUPPLY INC. IN THE AMOUNT OF $6,438.00 FOR THE PURCHASE OF A MOWER, TAKING THE NECESSARY FUNDS FROM THE CAPITAL IMPROVEMENT FUND (#60) To second reading Ordinance 2017-044 AN ORDINANCE ACCEPTING THE QUOTATION OF, AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH SOUTHEASTERN EQUIPMENT CO., INC. FOR THE PURCHASE OF A MID-SIZE MINI EXCAVATOR IN THE AMOUNT OF $72,960.90, THROUGH THE STATE TERM SCHEDULE, LESS $10,500.00 FOR THE TRADE IN ALLOWANCE OF A BACKHOE CURRENTLY OWNED BY THE CITY, FOR A NET COST

City of Aurora, Ohio Page 6 03/27/2017 City Council Minutes OF $62,460.90, TAKING THE NECESSARY FUNDS FROM THE CAPITAL IMPROVEMENT FUND (#60) To second reading Ordinance 2017-045 CONTRACT WITH EASY SIGN IN THE AMOUNT OF $13,020.00 TO PURCHASE NEW CITY ENTRANCE SIGNS, TAKING THE NECESSARY FUNDS FROM THE CAPITAL IMPROVEMENT FUND (#60), AND DECLARING AN EMERGENCY IN ORDER FOR THE MANUFACTURING TO OCCUR IN CONJUNCTION WITH THE PREVIOUSLY ORDERED SIGNS MOTION: To suspend the rule requiring an ordinance to be read on three separate occasions Mr. Vaca moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2017-045 Mr. Vaca moved; Ms. Grandillo seconded. The motion carried on a 6-0 roll call vote. Ordinance 2017-046 AN ORDINANCE GRANTING A CONDITIONAL ZONING CERTIFICATE TO LIBERTY INVESTMENT GROUP LTD. FOR AN AUTOMOTIVE SALES AND SERVICE CENTER, LOCATED ON THE SOUTHEAST CORNER OF SQUIRES ROAD AND NORTH AURORA ROAD, IN THE M-1 MIXED-USE DEVELOPMENT DISTRICT MOTION: To amend by adding emergency clause Ms. Grandillo moved; Mr. Hatridge seconded. The motion carried on a unanimous voice vote. Ms. Grandillo moved; Mr. Hatridge seconded. The motion carried on a unanimous voice vote. Mr. George Mazzaro, Eldridge Road, said he encouraged Council to get the ordinances passed and to get the project going. He said it will be a good thing for the area. MOTION: To adopt Ordinance 2017-046 as amended Mr. Kudley moved; Ms. Grandillo seconded. The motion carried on a 6-0 roll call vote. Ordinance 2017-047 AN ORDINANCE APPROVING THE DEVELOPMENT PLAN FOR LIBERTY FORD LOCATED ON THE SOUTHEAST CORNER OF SQUIRES ROAD AND NORTH AURORA ROAD, IN THE M-1 MIXED-USE DEVELOPMENT DISTRICT MOTION: To amend by adding emergency clause Ms. Grandillo moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. Mr. Vaca moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2017-047 as amended Ms. Grandillo moved; Mr. Vaca seconded. The motion carried on a 6-0 roll call vote.

City of Aurora, Ohio Page 7 03/27/2017 City Council Minutes Ordinance 2017-048 AN ORDINANCE APPROVING THE REVISED FINAL PLAT FOR HAWKIN SUBDIVISION LOCATED ON THE NORTH SIDE OF MENNONITE ROAD ACROSS FROM HARRIS DRIVE, IN AN R-4 RESIDENTIAL ZONING DISTRICT AND DECLARING AN EMERGENCY IN ORDER TO ALLOW THE PROJECT TO BEGIN DURING THE CONSTRUCTION SEASON To second reading Ordinance 2017-049 AN ORDINANCE ACCEPTING THE QUOTATION OF, AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH RUSH TRUCK CENTERS IN THE AMOUNT OF $77,833.00, THROUGH THE STATE COOPERATIVE PURCHASING PROGRAM, FOR THE PURCHASE OF AN INTERNATIONAL TRUCK CAB AND CHASSIS, TAKING THE NECESSARY FUNDS FROM THE CAPITAL IMPROVEMENT FUND (#60) AND DECLARING AN EMERGENCY IN ORDER TO SECURE THE STATE OF OHIO'S PRICE Mr. Hatridge moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2017-049 as amended Mr. Hatridge moved; Mr. Kovach seconded. The motion carried on a 6-0 roll call vote. Ordinance 2017-050 AN ORDINANCE AUTHORIZING THE PURCHASE OF TWO 2017 FORD F-150 TRUCKS FROM PARK FORD FOR USE BY THE SERVICE DEPARTMENT, AT A COST OF $54,138.30, WHICH IS THROUGH THE STATE BID LIST, TAKING THE NECESSARY FUNDS FROM THE CAPITAL IMPROVEMENT FUND (#60) AND DECLARING AN EMERGENCY IN ORDER TO REPLACE EXISTING VEHICLES IN THE DEPARTMENT THAT ARE IN EXTREMELY POOR CONDITION Mr. Kovach moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2017-050 as amended Ms. Grandillo moved; Mr. Hatridge seconded. The motion carried on a 6-0 roll call vote. Ordinance 2017-051 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 (PART-TIME SEASONAL) To second reading

City of Aurora, Ohio Page 8 03/27/2017 City Council Minutes Ordinance 2017-052 A RESOLUTION ACCEPTING THE ATTACHED WRITTEN RECOMMENDATIONS OF THE TAX INCENTIVE REVIEW COUNCIL ( TIRC ) AND DECLARING AN EMERGENCY AS THE REPORT MUST BE FILED WITH THE STATE OF OHIO BY MARCH 31, 2017 Mr. Hatridge moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2017-052 as amended Mr. Hatridge moved; Mr. Vaca seconded. The motion carried on a 6-0 roll call vote. Ordinance 2017-053 AN ORDINANCE IMPOSING A MORATORIUM, NOT TO EXCEED ONE HUNDRED TWENTY (120) DAYS ON THE ISSUANCE OF ANY PERMITS FOR THE ACTIVATION OR INSTALLATION OF ANY SYSTEM, STRUCTURE, EQUIPMENT, OR DEVICE FOR THE OPERATION OF DISTRIBUTED ANTENNA SYSTEMS (DAS), SMALL CELL TECHNOLOGY, OR NODES FOR COMMUNICATION PURPOSES WITHIN THE CITY OF AURORA AND DECLARING AN EMERGENCY Mr. Hatridge moved; Mr. Vaca seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2017-047 as amended Mr. Hatridge moved; Mr. Kovach seconded. The motion carried on a 6-0 roll call vote. Citizens Comments Mr. George Mazzaro, Eldridge Road, said the TIRC meeting lasted only 15 minutes. He said on two separate occasion Council has gone into executive session and did not say if a decision was made after returning to open session. Councilman and Committee Remarks Mr. Vaca asked for an update on California Street, Mr. Trew said they are still waiting for the final calculations from Reminderville. Mr. Kudley stated executive sessions are only to discuss an issue; votes are never taken. Mr. DePiero said Council is prohibited to vote in executive session. Mr. Kovach thanked everyone for the well wishes during his recovery period. Mr. Hatridge thanked Chief Barnes for inviting him to the lockbox demonstration. He said after listening to Liberty Ford s presentation at the Planning Commission he looks forward to the project being completed. Mr. Kovach stated Aurora s ambulances are much better then Bainbridge s.

City of Aurora, Ohio Page 9 03/27/2017 City Council Minutes Mr. DePiero asked Council for a voice vote motion to support the Mayor and the City joining the Home Rule Challenge to the Ohio Constitution with the other communities throughout Ohio. He said he feels it is the right fight to take on to protect the community. MOTION: To support the Mayor and the City joining the Home Rule Challenge to the Ohio Constitution with the other communities throughout Ohio Mr. Kudley moved; Ms. Grandillo seconded. The motion carried on a unanimous voice vote. Adjournment MOTION: To adjourn Mr. Vaca moved; Mr. Hatridge seconded. The motion carried on a 6-0 roll call vote., The meeting was adjourned at 8:14 p.m. George Horvat, Council President Donna Hawks, Clerk of Council