Second of Three Readings at the Regular Meeting on Wednesday, December 26, 2018 Public Hearing will be held on Monday, January 14, 2019 at 7:25 p.m.

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1 MINUTES OF THE WORK SESSION OF THE COUNCIL OF THE CITY OF AVON, OHIO HELD MONDAY, DECEMBER 17, 2018 IN THE COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING AT 7:30 P.M. CHAIRMAN, CRAIG WITHERSPOON, CALLED THE MEETING TO ORDER PRESENT: Council Members: 1 st Ward Bob Butkowski; Council-at-Large Brian Fischer; Council-at-Large Tammy Holtzmeier; 2 nd Ward Dennis McBride; 3 rd Ward Tony Moore; 4 th Ward Scott Radcliffe; Council-at-Large Craig Witherspoon; Mayor Bryan Jensen; City Engineer Ryan Cummins; Planning and Economic Development Coordinator Pam Fechter; Law Director John Gasior; Finance Director William Logan; Clerk of Council Barbara Brooks ABSENT: Service Director/Parks Director Mike Farmer The following items were considered in this Work Session: 1. ORDINANCE NO REZONING A CERTAIN PARCEL OF LAND CONSISTING OF APPROXIMATELY 17.9 ACRES LOCATED AT CHESTER ROAD, FURTHER IDENTIFIED AS PERMANENT PARCEL NO , FROM M-1 GENERAL INDUSTRIAL DISTRICT TO R-3 MULTI-FAMILY RESIDENTIAL DISTRICT Planning Commission Referral Second of Three Readings at the Regular Meeting on Wednesday, December 26, 2018 Public Hearing will be held on Monday, January 14, 2019 at 7:25 p.m. Ms. Fechter advised the applicant requesting the rezoning is Jason Freidman, the developer. She believes that while the applicant has not done work in Avon, his father is the developer who developed the Village of Avon apartments and that Vocon is the name of the architectural firm. It was noted this is a negative referral from the Planning Commission. 2. ORDINANCE NO TO PROVIDE FOR THE ISSUANCE AND SALE OF MUNICIPAL INCOME TAX AND/OR REVENUE NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS OF THE CITY, IN A PRINCIPAL AMOUNT NOT TO EXCEED $4,750,000 FOR THE PURPOSE OF MAKING VARIOUS IMPROVEMENTS TO THE CITY S WATER SYSTEM Second of Three Readings at a Special Meeting immediately following this Work Session advised they plan to sell the notes the week of January 7, ORDINANCE NO TO PROVIDE FOR THE ISSUANCE AND SALE OF NOT TO EXCEED $3,900,000 BOND ANTICIPATION NOTES OF THE CITY, IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSES OF PAYING THE COSTS OF (I) THE CITY S PORTION OF THE CONSTRUCTION RELATED TO THE WIDENING AND RESURFACING OF A PORTION OF CHESTER ROAD, (II) THE ACQUISITION OF CERTAIN REAL PROPERTY, AND (III) ISSUANCE COSTS IN CONNECTION THEREWITH Second of Three Readings at a Special Meeting immediately following this Work Session advised they are on track to sell these notes the week of January 7, ORDINANCE NO TO ACCEPT IMPROVEMENTS CONSTRUCTED BY MENARD, INC., NAMELY, A WATERLINE OVER ITS PROPERTY BETWEEN CHESTER ROAD AND SCHNEIDER COURT Mr. Farmer To be considered at a Special Meeting immediately following this Work Session 1

2 Mr. Fischer asked when Menards is scheduled to open. Ms. Fechter advised they do not have a specific date as yet, but their scheduled opening is in early spring. Mayor Jensen explained this legislation allows the business to have temporary occupancy to be able to train new employees and he believed the opening would be earlier than they originally anticipated. Mr. Cummins advised this public water main that was installed is something over and above what they needed to do for their store, but it does provide a loop between Chester Road and Schneider Court and that is the public benefit that Menards agreed to install at their cost during their construction. mentioned that all the deposits and other required monies have been received. 5. ORDINANCE NO TO ACCEPT IMPROVEMENTS IN HIGHLAND PARK SUBDIVSION NO. 20 Mr. Farmer To be considered at a Special Meeting immediately following this Work Session Mr. Cummins pointed out that all the physical improvements have been completed and the Service Department has reviewed them and found them to be acceptable. He said the as-builts have been submitted and they have been reviewed, but there are some outstanding comments and they are taking care of those comments. He mentioned that nothing substantial was noted but rather some loose ends to clean up. His recommendation would be that Council move forward with passing the acceptance, but he would not sign the plat until we get the final version of the as-builts submitted. It was noted that Mr. Smitek, the developer, was present tonight if there were any questions of him. mentioned that all the financial requirements were received for this phase. 6. ORDINANCE NO TO ACCEPT IMPROVEMENTS IN WEST WICKHAM SUBDIVISION Mr. Farmer To be considered at a Special Meeting immediately following this work Session Mr. Cummins recommended this legislation be given a first reading at the Special Meeting tonight. He believed there was a field inspection done by the Service Department last week. Mr. Cummins stated there were some outstanding items still remaining. He said they have made a lot of progress recently and they are anxious to move forward, but are just not ready as we speak. confirmed all the financial requirements have been received. Mr. Butkowski said he knew part of this West Wickham Subdivision build out is allowing the City the opportunity when we get to the Elizabeth, Joseph and Puth Sanitary Sewer project. He asked if what they are approving tonight is a part of that as well in regards to the extension of that sewer line. Mr. Cummins answered yes, partly. He said it was agreed to by the developer to do an extension of the sanitary sewer beyond what they needed for the subdivision, which would set it up to a point where the City could easily attach to that sanitary sewer and extend it up to Detroit Road. Mr. Cummins advised we just had a pre-construction meeting for that project last week and are looking at the week of January 7, 2019, weather cooperating, of getting that work started to get us up through and under Detroit Road. He said we have been working with Bramhall Engineering to prepare the plans to then take it from that point. Mr. Cummins stated this sets us up for the first step of that sanitary sewer project. Mr. Cummins added that the developer for West Wickham provided the City a Right of Entry, which is a signed document, so even if the subdivision is not ready for acceptance by January 7, 2019, that document allows 2

3 them access to the property to do our work for the Elizabeth, Joseph, Puth Sanitary Sewer project. He further explained this legislation is not contingent on that and does not require passage by January 7, Mr. Cummins said if they are in position that is great, but if not, we have covered that base. Mr. Gasior asked if there was an additional deposit that may need to be made in case of some additional work in the spring to which confirmed an additional $17,499 deposit was made on Friday. Mr. Cummins advised there is a sanitary connection to be installed that the developer agreed to install for an adjacent property as part of the Elizabeth, Puth and Joseph project that would be at the developer s expense. He said it did not make sense to do that work until the manhole is set by the City to extend the sewer up to Detroit Road. It is his understanding that Site Tech, the developer, has engaged KMU, the contractor the City will be using, to get to Detroit Road to do that sanitary connection. Mr. Cummins stated that based on the engineer s estimate the developer posted an extra $17,499 as they did not want that to impede their acceptance and to ensure that work gets done and once that is done then those funds can be released. He explained it is not uncommon for developers to post funds to allow acceptance to go forward as a mechanism to ensure some loose ends get taken care of. 6a. ORDINANCE NO REAPPROPRIATIONS stated these are reductions in appropriations so that we can keep a couple funds in balance. He explained that they were asking to reduce the appropriations in the Park Development Fund by ($67,500) for various expenses as these funds were not needed in the 2018 budget. advised that they were asking to reduce appropriations in the Capital Project Funds in the amount of ($15,000) for the Elizabeth, Puth and Joseph Streets Sanitary Sewer Project as this project will not take place in 2018, but it is included in the 2019 budget. Total re-appropriations reductions all funds ($82,500). Mrs. Holtzmeier asked regarding the $67,500 as to what they were set to spend those funds on originally and now are not. answered those were some engineering expenses related to Veterans Memorial Park entrance, which we have not really gotten that far with those improvements yet. He said we did appropriate some funds in that Park Development Fund a few weeks ago for the grant opportunity for the property acquisition for the parks, which put them over where our appropriations would have exceeded our revenues and he needed to reduce appropriations in that fund to come back down in balance. Mrs. Holtzmeier asked if the grant he mentioned is the French Creek Trail Grant. Mr. Cummins advised no, that is the Land and Water Conservation Fund application for the Kurtz property adjacent to Veteran s Memorial Park that would provide a Detroit Road access point. 7. RESOLUTION NO. R AUTHORIZING THE MAYOR OF THE CITY OF AVON TO ENTER INTO AN AGREEMENT WITH THE LORAIN COUNTY OFFICE ON AGING FOR THE PROVISION OF SERVICES TO RESIDENTS OF THE CITY OF AVON (MEALS ON WHEELS) advised the Lorain County Office on Aging sent over a proposed agreement as they have routinely done each year. He said the amount LCOA is estimating for Avon s share for 2019 is to be $37,860 and that is paid quarterly and invoiced to the City. noted all the data is provided to him that includes the number of meals provided by their agency. He mentioned that in 2018 the City paid $42,207 and in 2017 the City paid approximately $24,000 and 2016 was approximately $26,000. stated the agency is on the right track now and has a good working knowledge on who they are servicing in Avon, Avon Lake, Sheffield and Sheffield Lake. 3

4 8. REPORTS AND COMMENTS MAYOR JENSEN advised he would like to ask for an Executive Session to discuss the contract negotiations for the AFSCME employees. He said if everything is agreeable he would like to have the 2019 pay Ordinances on the next agenda for the non-bargaining employees, the Law Director, and the Engineer. Mayor Jensen explained they were trying to keep the pay Ordinances all together in an effort to make certain they did not forget someone as has happened in the past. He wished everyone a Merry Christmas. COUNCIL MEMBERS: MR. BUTKOWSKI, WARD 1 updated Council that the garbage consortium bids were opened on Friday, December 14 th. He said there were three haulers who submitted bids: Kimble, Republic and Rumpke. Mr. Butkowski advised the preliminary results indicate that Republic Services bid was the highest bid received and it is significantly higher than what the residents are paying currently. He stated there was a meeting this upcoming Wednesday with the consortium to dive in deeper with what this all means and what the actual bid results look like. Mr. Butkowski said he would update Council as more information becomes available so they can move forward with a decision. He wished everyone a Merry Christmas. MR. FISCHER, AT LARGE wished everyone a safe and Merry Christmas. MRS. HOLTZMEIER, AT LARGE wished everyone a Merry Christmas and said she would see everyone next week. MR. MCBRIDE, WARD 2 wished everyone a Merry Christmas and he would see everyone back here the day after Christmas. MR. MOORE, WARD 3 wished everyone a good Christmas and a safe holiday. MR. RADCLIFFE, WARD 4 wished everyone a Merry Christmas. MR. WITHERSPOON, AT LARGE wished everyone a Merry Christmas and to be safe. DIRECTORS/ADMINISTRATION: MR. CUMMINS, CITY ENGINEER wished everyone a very Merry Christmas. MR. FARMER, SERVICE DIRECTOR/PARKS DIRECTOR was absent. MS. FECHTER, ECONOMIC DEVELOPMENT /PLANNING COORDINATOR said in the spirit of giving she wanted to let everyone know that she and Mayor Jensen went to Rocky River Middle School today and presented a key to the City to Brian Chulik. She said Mr. Chulik runs the Super Heroes to Kids program in Ohio. Ms. Fechter stated he is a fantastic guy and you would have thought a rock star was there because those kids love him. She said in this season of giving it is nice to take someone who does not think of themselves and gives so much to others to be able to surprise him in his world and to see how excited the kids were. Ms. Fechter wished everyone a Merry Christmas. MR. GASIOR, LAW DIRECTOR wished everyone a Merry Christmas. MR. LOGAN, FINANCE DIRECTOR wished everyone a Merry Christmas. AUDIENCE: There were no comments made from the audience members. 4

5 8a. EXECUTIVE SESSION: 7:50 p.m. A motion was made by Mr. McBride and seconded by Mrs. Holtzmeier to Enter Into Executive Session for the Purpose of Discussing the AFSCME Union Contract Negotiations and to invite HR Specialist Diane Szlempa and Finance Director Bill Logan; and the vote was: Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Witherspoon, yes. The vote was 7 for and 0 against and the Chairman declared the motion passed. 8b. RECONVENE: 8:05 p.m. A motion was made by Mr. McBride and seconded by Mrs. Holtzmeier to Reconvene the Work Session of Council; and the vote was: Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Witherspoon, yes. The vote was 7 for and 0 against and the Chairman declared the motion passed. 9. ADJOURN: 8:06 p.m. There being no further business the Work Session of Council was adjourned. PASSED: SIGNED BY: Craig Witherspoon, Council President ATTEST: Barbara Brooks, Clerk of Council 5