PUBLIC HEARING MONDAY, DECEMBER 10, 2018

Transcription

1 PUBLIC HEARING MONDAY, DECEMBER 10, :25 P.M. Council President Craig Witherspoon opened the Public Hearing for Ordinance No ORDINANCE NO AN ORDINANCE TO AMEND SECTION OF THE CODIFIED ORDINANCES OF THE CITY OF AVON REGARDING DWELLING UNIT AREA REQUIREMENTS There being no comments, the Chairman closed the Public Hearing for Ordinance No at 7:27 p.m. MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF AVON, OHIO, HELD MONDAY, DECEMBER 10, 2018 IN THE COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING AT 7:30 P.M. The Chairman, Council President Craig Witherspoon, called the meeting to order and led the Pledge of Allegiance. 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 Anthony Moore; 4 th Ward Scott Radcliffe; Council-at-Large Craig Witherspoon, Council President; Mayor Bryan Jensen; City Engineer Ryan Cummins; Service Director/Parks Director Michael Farmer; Planning and Economic Development Coordinator Pam Fechter; Law Director John Gasior; Finance Director William Logan; Clerk of Council Barbara Brooks MINUTES OF THE WORK SESSION OF COUNCIL HELD MONDAY, NOVEMBER 19, 2018 A motion was made by Mr. McBride and seconded by Mrs. Holtzmeier to dispense with the reading of the minutes of the Work Session of Council held Monday, November 19, 2018, and to approve said minutes as published, and the vote was: Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. MINUTES OF THE REGULAR MEETING OF COUNCIL HELD MONDAY, NOVEMBER 26, 2018 A motion was made by Mr. McBride and seconded by Mr. Radcliffe to dispense with the reading of the minutes of the Regular Meeting of Council held Monday, November 26, 2018, and to approve said minutes as published, and the vote was: Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. ORDINANCE NO TO AMEND SECTION OF THE CODIFIED ORDINANCES OF THE CITY REGARDING DWELLING UNIT AREA REQUIREMENTS 1

2 The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO AMEND SECTION OF THE CODIFIED ORDINANCES OF THE CITY OF AVON REGARDING DWELLING UNIT AREA REQUIREMENTS The Chairman declared this to be the third of three readings of Ordinance No A motion was made by Mr. McBride and seconded by Mr. Butkowski to amend Ordinance No to add subsection (a)3 to the first sentence of Section (a), and the vote was: Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Fischer, yes ; Mr. A motion was made by Mr. McBride and seconded by Mr. Butkowski to adopt Ordinance No as amended, and the vote was: Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. Witherspoon, yes. ORDINANCE NO REAPPROPRIATIONS The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO AMEND AND SUPPLEMENT APPROPRIATIONS ORDINANCE NO AND DECLARING AN EMERGENCY A motion was made by Mr. McBride and seconded by Mr. Radcliffe to suspend the rules and act on Ordinance No , and the vote was: Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. A motion was made by Mr. McBride and seconded by Mr. Moore to adopt Ordinance No , and the vote was: Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. ORDINANCE NO MAKING A PERMANENT APPROPRIATION OF MONIES FOR THE CURRENT EXPENSES AND OTHER EXPENDITURES (THE OPERATING BUDGET) OF THE CITY OF AVON, LORAIN COUNTY, OHIO, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 The Clerk read Ordinance No by title only, entitled: 2

3 AN ORDINANCE MAKING A PERMANENT APPROPRIATION OF MONIES FOR THE CURRENT EXPENSES AND OTHER EXPENDITURES (THE OPERATING BUDGET) OF THE CITY OF AVON, LORAIN COUNTY, OHIO, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 AND DECLARING AN EMERGENCY A motion was made by Mr. McBride and seconded by Mr. Butkowski to suspend the rules and act on Ordinance No , and the vote was: Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. A motion was made by Mr. McBride and seconded by Mr. Radcliffe to adopt Ordinance No , and the vote was: Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. ORDINANCE NO TO ACCEPT IMPROVEMENTS CONSTRUCTED BY JARONE DEVELOPMENT, LLC, AT THE INTERSECTION OF NAGEL ROAD AND MIDDLETON ROAD The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO ACCEPT IMPROVEMENTS CONSTRUCTED BY JARONE DEVELOPMENT, LLC, AT THE INTERSECTION OF NAGEL ROAD AND MIDDLETON ROAD AND DECLARING AN EMERGENCY A motion was made by Mr. McBride and seconded by Mr. Fischer to suspend the rules and act on Ordinance No , and the vote was: Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Fischer, yes ; Mr. Witherspoon, yes. A motion was made by Mr. McBride and seconded by Mr. Moore to adopt Ordinance No , and the discussion was: Mr. Radcliffe asked if this is for the traffic light at the intersection by Levin Furniture and the new Meijer s store to which Mr. Farmer confirmed that to be correct. Mr. Radcliffe inquired with the traffic light operating for a little while now if there has been any issues with traffic. Mr. Farmer stated he does not believe there have been any issues with traffic although there were issues when construction vehicles were being parked nearby as they were triggering the signalization. The vote was: Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. 3

4 ORDINANCE NO TO ACCEPT IMPROVEMENTS CONSTRUCTED BY JARONE DEVELOPMENT, LLC, FOR THE INSTALLATION/CONSTRUCTION OF AN EXTENSION TO MIDDLETON ROAD, WEST OF NAGEL ROAD, AS A PUBLIC ROAD ON A 2.89 ACRE PARCEL OF LAND The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO ACCEPT IMPROVEMENTS CONSTRUCTED BY JARONE DEVELOPMENT, LLC, FOR THE INSTALLATION/CONSTRUCTION OF AN EXTENSION TO MIDDLETON ROAD, WEST OF NAGEL ROAD, AS A PUBLIC ROAD ON A 2.89 ACRE PARCEL OF LAND AND DECLARING AN EMERGENCY A motion was made by Mr. McBride and seconded by Mrs. Holtzmeier to suspend the rules and act on Ordinance No , and the vote was: Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. A motion was made by Mr. McBride and seconded by Mr. Fischer to adopt Ordinance No , and the vote was: Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. ORDINANCE NO GRANTING A SPECIAL USE PERMIT TO SPEEDWAY, LLC, TO INSTALL AN OUTDOOR SEATING AREA ON PROPERTY LOCATED AT THE CORNER OF RECREATION LANE AND COLORADO AVENUE The Clerk read Ordinance No by title only, entitled: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SPEEDWAY, LLC, TO INSTALL AN OUTDOOR SEATING AREA ON PROPERTY LOCATED AT THE CORNER OF RECREATION LANE AND COLORADO AVENUE AND DECLARING AN EMERGENCY A motion was made by Mr. McBride and seconded by Mr. Fischer to suspend the rules and act on Ordinance No , and the vote was: Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. A motion was made by Mr. McBride and seconded by Mrs. Holtzmeier to adopt Ordinance No , and the discussion was: Mr. Radcliffe asked for clarification that this is just for the seating area. Ms. Fechter confirmed that to be correct. Mr. Witherspoon added it was just for the patio. Mr. Radcliffe asked if there was anything yet for the road. 4

5 Mr. Witherspoon believed this item came with a positive recommendation from Planning Commission. Ms. Fechter confirmed it came with a positive recommendation from Planning. She added that this Special Use Permit is for the two table patio seating and that is all. Mr. Gasior noted that in the referral from the Planning Commission it was mentioned about above ground storage tanks for propane. He explained these propane tanks would be under the 25 pound requirement and so it does not apply and is the reason it is left out of the Special Use in the legislation. The vote was: Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. ORDINANCE NO GRANTING A SPECIAL USE PERMIT TO ONE AVON COMPANY, LLC dba BEERHEAD BAR AND EATERY, TO CONSTRUCT A 1,920 SQUARE FOOT OUTDOOR PATIO SEATING AREA TO BE LOCATED ON THE NORTH SIDE OF THE BUILDING LOCATED AT 1813 NAGEL ROAD, SUITES 100 & 200 The Clerk read Ordinance No by title only, entitled: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ONE AVON COMPANY, LLC dba BEERHEAD BAR AND EATERY, TO CONSTRUCT A 1,920 SQUARE FOOT OUTDOOR PATIO SEATING AREA TO BE LOCATED ON THE NORTH SIDE OF THE BUILDING LOCATED AT 1813 NAGEL ROAD, SUITES 100 & 200 AND DECLARING AN EMERGENCY A motion was made by Mr. McBride and seconded by Mr. Radcliffe to suspend the rules and act on Ordinance No , and the vote was: Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Fischer, yes ; Mr. Witherspoon, yes. A motion was made by Mr. McBride and seconded by Mrs. Holtzmeier to adopt Ordinance No , and the discussion was: Ms. Fechter apologized for her absence last Monday and said she believed a question was raised about the drive access. She advised she has an from the Fire Marshal stating he and Fire Chief Root looked at the area and the arrangement. Ms. Fechter said she also has a letter from Levin Furniture stating they are fine with the configuration and are okay with moving forward with the patio. Mr. Witherspoon reminded Council this is a positive recommendation from the Planning Commission. Mrs. Holtzmeier asked Ms. Fechter to update Council regarding the discussion at the Planning Commission meeting about the bollards. Ms. Fechter advised yes, Mrs. Holtzmeier brought up the bollards during the Planning Commission meeting and asked if they could be installed for safety reasons and the representatives from Beerhead were very receptive to that idea. She stated bollards are going to be installed on the west area for protection. 5

6 The vote was: Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. 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 The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO AMEND ORDINANCE NO , PASSED JANUARY 15, 1969 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF AVON, OHIO, AS AMENDED, 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 The Chairman declared this to be the first of three readings of Ordinance No The Chairman announced a Public Hearing will be held on Monday, January 14, 2019 at 7:25 p.m. Mr. Witherspoon noted this is a negative referral from Planning Commission and Ms. Fechter confirmed that to be true. 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 The Clerk read Ordinance No by title only, entitled: AN ORDINANCE 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 OF AVON, OHIO, IN A PRINCIPAL AMOUNT NOT TO EXCEED $4,750,000 FOR THE PURPOSE OF MAKING VARIOUS IMPROVEMENTS TO THE CITY S WATER SYSTEM AND DECLARING AN EMERGENCY The Chairman declared this to be the first of three readings of Ordinance No 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 RESURFACNG OF A PORTION OF CHESTER ROAD, (II) THE ACQUISITION OF 6

7 CERTAIN REAL PROPERTY, AND (III) ISSUANCE COSTS IN CONNECTION THEREWITH The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF NOT TO EXCEED $3,900,000 BOND ANTICPATION NOTES OF THE CITY OF AVON, OHIO, 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 AND DECLARING AN EMERGENCY The Chairman declared this to be the first of three readings of Ordinance No REPORTS AND COMMENTS Mayor Jensen had no comments. COUNCIL MEMBERS: Mr. Butkowski, Ward 1, had no comments. Mr. Fischer, At Large, had no comments. Mrs. Holtzmeier, At Large, had no comments. Mr. McBride, Ward 2, had no comments. Mr. Moore, Ward 3, had no comments. Mr. Radcliffe, Ward 4, had no comments. Mr. Witherspoon, Council President, had no comments. DIRECTORS/ADMINISTRATION: Mr. Cummins, City Engineer, had no comments. AUDIENCE: Mr. Farmer, Service Director/Parks Director, had no comments. Ms. Fechter, Economic Development/Planning Coordinator, had no comments. Mr. Gasior, Law Director, had no comments. Mr. Logan, Finance Director, had no comments. There were no comments from the audience. 7

8 EXECUTIVE SESSION: 7:45 p.m. A motion was made by Mr. McBride and seconded by Mr. Moore to Enter Into Executive Session for the Purpose of Discussing Imminent Litigation, and to invite Ms. Fechter and Mr. Cummins, and the vote was: Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Butkowski, yes ; Mr. RECONVENE: 8:35 p.m. A motion was made by Mr. McBride and seconded by Mr. Moore to Reconvene the Regular Meeting of Council, and the vote was: Mr. Radcliffe, yes ; Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. ADJOURN: 8:36 p.m. A motion was made by Mr. McBride and seconded by Mr. Moore to adjourn the Regular Meeting of Council, and the vote was: Mr. Butkowski, yes ; Mr. Fischer, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Moore, yes ; Mr. Radcliffe, yes ; Mr. 8