Minutes of the Avon Council meeting of August 10, 1998, Avon, Ohio

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[The following minutes will not be official until they are approved by Council at the meeting on 9-14-98. They may be corrected or amended. Note the announcement of several public hearings.]

MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF AVON, OHIO, HELD MONDAY, AUGUST 10, 1998 IN THE COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING AT 7:30 P.M.

The Chairman, Ted Graczyk, called the meeting to order at 7:30 P.M.

PRESENT: Council Members: Council-at-Large - Shaun Brady; 3rd Ward - Shirley Doss; 1st Ward - Niels Jensen; 2nd Ward - David Kaiser; 4th Ward - Jack Kilroy; Council-at-Large - Michael McDonough; Council-at-Large - Ted Graczyk; Mayor - James A. Smith; Finance Director - Robert Hamilton; Service Director - Gerald Plas; Law Director - Daniel Stringer; Clerk of Council - Patricia Vierkorn ABSENT: Safety Director - Robert Jackson

MINUTES OF THE REGULAR MEETING OF COUNCIL - MONDAY, JULY 13, 1998

A motion was made by Mr. McDonough and seconded by Mrs. Doss to dispense with the reading of the minutes of the Regular Meeting of Avon City Council held Monday, July 13, 1998 and to approve said minutes as published. The vote was: Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

MINUTES OF THE SPECIAL MEETING OF COUNCIL - MONDAY, JULY 27, 1998

... The Chairman declared the vote to be 7 to 0 and the motion passed.

CORRESPONDENCE

Mayor Smith reported receiving the following correspondence:

1) The Avon Building Department's Monthly Tally Sheet for June, 1998 showing 456 building permits issued to date to date compared to 441 in 1997. The total valuations for the year to date are $43,480,449; and $40,815,119 in 1997.

2) Proposal from Bramhall Engineering for the Kinzel Road Improvements; which will be a 10" water main, resurfacing of the streets, and the sidewalks on Stoney Ridge Road and professional services involved.

3) The Avon Fire Department June, 1998 Fire Report showing 46 ambulance calls and 21 fire calls, including 2 chimney fires.

Clerk of Council's correspondence:

1) Letter distributed to Council concerning the number of signatures needed for the Initiative Petition for the rezoning of land from C-2 to C-3 for Avon Commons which was filed with the Finance Director and Clerk of Council on Monday, August 3. The signatures were verified on Tuesday, August 4 with 692 found to be valid. This letter was distributed to Council on Friday, August 7.

2) Received on August 10 a list of people who have expressed interest in serving on the Citizens Advisory Committee. This list was distributed to Council members.

3) Notification of the Public Hearing for the Final Plan Update of the Lorain County Solid Waste Management District. This hearing is to be held on Wednesday, September 2 at 7:00 P.M. at the County Commissioners Public Hearing Room.

ADDITIONS AND DELETIONS TO THE AGENDA

A motion was made by Mr. McDonough and seconded by Mr. Graczyk to add Ordinance No. 157-98 - An Ordinance Awarding the Bid for a Sixteen (16") Inch Water Feeder Line on State Route 83 - to the agenda as Item #7A. The vote was: Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

A motion was made by Mr. McDonough and seconded by Mrs. Doss to accept the agenda as amended. ... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 91-98 - SUBDIVIDER'S AGREEMENT FOR AVON COMMONS

The Clerk read Ordinance No. 91-98 by title only, entitled:

AN ORDINANCE TO AUTHORIZE A SUBDIVIDER'S AGREEMENT FOR AVON COMMONS SUBDIVISION

A motion was made by Mr. Brady and seconded by Mr. Kilroy to rescind the previous motion to table Ordinance No. 91-98.

Discussion: Mr. Kilroy asked if it would be simpler just to take it from the table. Mr. Graczyk replied that was looked at and because so much time has gone past, Roberts Rules of Order recommends the previous motion be rescinded.

... Mrs. Doss, "abstain"; ... The Chairman declared the vote to be 6 to 0 with one abstention and the motion passed.

A motion was made by Mr. Kilroy and seconded by Mr. Jensen to postpone taking action on Ordinance No. 91-98 until November 9, 1998. The vote was: Mr. Brady, "aye"; Mrs. Doss, "abstain"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Graczyk, "aye". The Chairman declared the motion passed.

ORDINANCE NO. 157-98 - AWARDING THE BID FOR A 16" WATER FEEDER LINE

The Clerk read Ordinance No. 157-98 by title only, entitled:

AN ORDINANCE AWARDING THE BID FOR A SIXTEEN (16") INCH WATER FEEDER LINE ON STATE ROUTE 83 AND DECLARING AN EMERGENCY

Discussion: Mr. Graczyk asked if Council should know anything special about this Ordinance. Mr. Plas replied it is in conjunction with work being done at the present time on the I-90 project.

... The Chairman declared the motion passed.

ORDINANCE NO. 133-98 - REAPPROPRIATIONS

The Clerk read Ordinance No. 133-98 by title only, entitled:

AN ORDINANCE TO AMEND AND SUPPLEMENT APPROPRIATIONS ORDINANCE NOS. 38-98, 68-98, 82-98, 92-98, 104-98 AND 127-98 AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 135-98 - TO AWARD CONTRACT TO GILLEN CONCRETE FOR COMPLETION OF SIDEWALKS

The Clerk read Ordinance No. 135-98 by title only, entitled:

AN ORDINANCE AWARDING BID AND AUTHORIZING GILLEN CONCRETE AND EXC., INC. TO COMPLETE THE CONSTRUCTION AND INSTALLATION OF SIDEWLKS ON DETROIT ROAD AND COLORADO AVENUE AS PREVIOUSLY AUTHORIZED BY COUNCIL AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 136-98 - TO AWARD CONTRACT TO GILLEN CONCRETE FOR COMPLETION OF SIDEWALKS

The Clerk read Ordinance No. 136-98 by title only, entitled:

AN ORDINANCE AWARDING THE BID FOR THE 1998 ROAD PROGRAM FURTHER DESCRIBED AS THE SCHWARTZ ROAD PAVING PROJECT FROM JAYCOX ROAD TO SANDY LANE AND DECLARING AN EMERGENCY

Discussion: Mr. McDonough asked if the money was received from the developer on this project. Mayor Smith replied he was assured the city will have a check when they get their portion of the subdivision. Mr. DiBenedetto added that is correct and hopes that will be listed on the agenda of the September 8 work session.

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 137-98 - TO AWARD CONTRCT FOR ROAD RESURFACING ON STONEY RIDGE ROAD FROM DETROIT ROAD TO #3615

The Clerk read Ordinance No. 137-98 by title only, entitled:

AN ORDINANCE AWARDING THE BID FOR THE 1998 ROAD PROGRAM FURTHER DESCRIBED AS THE STONEY RIDGE ROAD PAVING PROJECT FROM DETROIT ROAD TO STREET ADDRESS OF 3615 AND DECLARING AN EMERGENCY

Discussion: Mr. Jensen asked what distance is covered by this Ordinance and Mayor Smith replied the resurfacing extends approximately one mile. Mr. Plas added that the city is doing Stoney Ridge Road in its entirety from the city limits on Mills Road; then coming back to 254 in two phases, with two bids and two different processes. Mr. Plas stated this Ordinance is from Detroit Road to house number #3615 and will be a 3" overlay. The other Ordinance will be from #3615 to Mills Road, which will be a single pass.

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 138-98 - TO AWARD CONTRACT FOR ROAD RESURFACING ON SCHWARTZ ROAD FROM SANDY LANE TO NAGEL ROAD

The Clerk read Ordinance No. 138-98 by title only, entitled:

AN ORDINANCE AWARDING THE BID FOR THE 1998 ROAD PROGRAM FURTHER DESCRIBED AS THE SCHWARTZ ROAD PAVING PROJECT FROM SANDY LANE TO NAGEL ROAD AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 139-98 - TO AWARD CONTRACT FOR ROAD RESURFACING ON STONEY RIDGE ROAD FROM #3615 TO MILLS ROAD

The Clerk read Ordinance No. 139-98 by title only, entitled:

AN ORDINANCE AWARDING THE BID FOR THE 1998 ROAD PROGRAM FURTHER DESCRIBED AS THE STONEY RIDGE ROAD PAVING PROJECT FROM STREET ADDRESS 3615 TO MILLS ROAD AND DECLARING AN EMERGENCY

Discussion: Mrs. Doss asked Mr. Plas if he said this was a 3" overlay and if so, what is the process. Mr. Plas replied that this portion of Stoney Ridge has a multitude of failures and some base conditions. They plan to make a single pass, which is basically utilizing material that is on site interjecting emulsions in it and adding stone if necessary. Mr. Graczyk asked if that is recycling and Mr. Plas replied that is basically the concept. Mayor Smith asked Bill Biro to explain single pass. Mr. Biro replied that is rejuvenating the original material as a sub base which gets rolled and graded plus the 3" overlay. Mr. Biro added it will put a profile back in the road, which will eliminate a lot of the surface problems.

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 140-98 - TO AWARD CONTRACT FOR ROAD RESURFACING OF EATON

The Clerk read Ordinance No. 140-98 by title only, entitled:

AN ORDINANCE AWARDING THE BID FOR THE 1998 ROAD PROGRAM FURTHER DESCRIBED AS THE ROAD PAVING PROJECT OF EATON DRIVE AND DOOVEYS STREET IN NORTHGATE SUBDIVISION AND DECLARING AN EMERGENCY

... The Chairman declared the motion passed.

ORDINANCE NO. 144-98 - TO APPROVE AMENDMENT TO THE SUBDIVIDER'S AGREEMENT FOR CAMELOT SUBDIVISION NO. 4

The Clerk read Ordinance No. 144-98 by title only entitled:

AN ORDINANCE APPROVING AN AMENDMENT TO THE SUBDIVIDER'S AGREEMENT FOR CAMELOT SUBDIVISION NO. 4 AND DECLARING AN EMERGENCY

Discussion: Mr. Brady stated the reason for his abstention is that this particular subject may interfere with a potential business interest of his. Mr. Kilroy asked if it is proper procedure for Council members to explain their abstentions. Mr. Graczyk replied that the Law Director sent a letter to Council a few weeks ago informing Council that we are required to explain the reason for abstaining. Mr. Kilroy stated there was an abstention earlier in the meeting which was not explained and was wondering if it was required selectively, since it appears that way. Mr. Graczyk apologized for overlooking that abstention.

Mrs. Doss explained she had received a ruling from Ohio Ethics concerning a potential family conflict and will be abstaining on some other upcoming items. She will abstain from voting on Item Nos. 26 and 27.

Mr. Graczyk stated the only change added to this amendment was that the developer has agreed to comply with all the building codes which may have been changed since this phase was started. Mr. Kilroy asked if this is the Camelot Subdivision where we had a lot of questions last time which were not answered. He also asked if that is going to require potential road impact fees and park impact fees that might not have been in place when this first came up.

Mr. Graczyk replied we are not talking about the subdivision; the subdivision is one thing; this is a phase in the subdivision and they are getting an extension on the phase inside the subdivision. The entire subdivision was passed in phases; because of the extension for this phase we are just requiring them to do the backyard drains in accordance with the change in the code. He does not recall any changes made regarding road or park impact fee since this was passed.

Mr. Kilroy asked if the subdivider's agreement called for payment of impact fees similarly to a subdivider's agreement that would be drafted for a project starting today. Mr. Stringer replied he did not have the final agreement with him and asked if Mr. McLaughlin or Mr. DiBenedetto had the subdivider's agreement with them and Mr. McLaughlin stated he has the subdivider's agreement but would have to look through it completely.

Mr. Kilroy then stated that all the subdivider's agreements Council has seen this year have incorporated by reference payment of impact fees that are now required by law or that may be implemented by Council. He wondered if that language is in the subdivider's agreement for this subdivision. Last week Mr. McLaughlin's representative said that that the developer would abide by any new policies implemented since then in order to get the extension and Mr. Kilroy took it to be that it would include any impact fees.

Mayor Smith stated the only impact fees under consideration right now are for roads and that has not yet been voted on. Mr. Kilroy questioned if the standard language regarding impact fees that is in subdivider's agreements in 1998 are included in this agreement. Mr. Stringer stated that for approximately one year the city required everyone entering into any type of subdivision to sign a subdivider's agreement that acknowledged that they would pay impact fees that would be determined by an ordinance the city is intending to pass for roadways and for sanitary sewer impact, providing they meet with all constitutional guarantees, etc.

Mr. Kilroy said that it was his understanding from last week's meeting, their representative was asked if the developer would agree to comply with all ordinances that were passed since then and would take that to mean the impact fee ordinances. Mr. Stringer commented that the ordinances approving the subdivider's agreements which contain those clauses which are not yet in ordinances. Mr. McLaughlin stated that, from the way the ordinance is written, he had been focusing on things like rear yard drains and because he understood that was part of the discussion. He had also talked with the City Engineer during the week and he said there is some flood plain ordinances but those would not apply here. That there is an ordinance that storm drains would not have any adverse effect on adjacent properties; no problem. Now that the discusson is getting into a monetary issue he is a little hesitant to answer the question because he really doesn't know what he is answering at this point. He would presume if we came in for a brand new subdivision of course the developer would be into the program. He asked if this is the ordinance which says if we get an impact fee passed or a provision saying that when we finally get this impact fee schedule set up the developers will be members of the program. Mr. Stringer replied the city has been requiring for the last year that all subdividers agree that once the ordinance is passed they will abide by the ordinance and pay the proportionate share, providing the ordinance is constitutional, lawful, etc. Mr. McLaughlin replied he would presume that would not be a problem, but would like to discuss it with Mr. DiBenedetto.

Mr. Kilroy stated his understanding is that the process of Subdivision No. 4 is not far along either; that's why we're here. So it's not like you're in the middle of building this; it's at a standstill, and nothing is projected to happen over the next several months. Mr. McLaughlin replied that is his bargaining position; if we don't get approval we're going back to Planning Commission and starting all over again with the exact same plan. Mr. Graczyk asked for a motion to table this until later on in this meeting and then bring it back after Mr. McLaughlin had time to discuss it with his client.

A motion was made by Mr. Kilroy and seconded by Mrs. Doss to table Ordinance No. 144-98 and move it to the last item on the agenda. The vote was: Mr. Brady, "abstain"; ... The Chairman declared the vote to be 6 to 0 with one abstention and the motion passed.

ORDINANCE NO. 145-98 - CHARTER AMENDMENT - ARTICLE V, SECTION 3 TO APPOINT AND REMOVE THE DIRECTOR OF FINANCE

The Clerk read Ordinance No. 145-98 by title only, entitled:

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISION IN ARTICLE V, SECTION 3 THAT THE MAYOR HAVE THE EXCLUSIVE AUTHORITY TO APPOINT AND REMOVE THE DIRECTOR OF FINANCE, AND DECLARING AN EMERGENCY

... A motion was made by Mr. McDonough and seconded by Mr. Jensen to adopt Ordinance No. 145-98.

Discussion: Mr. McDonough asked what is the purpose of actually voting on any of these ordinances. Mr. Graczyk replied Council is obligated by the Charter to pass everything that was presented by the Charter Review Commission. Mr. McDonough asked what happens if they fail and Mr. Graczyk replied they can't fail. Council is obligated by the Charter to cast a vote in the affirmative to put them on the ballot. Mr. Stringer agreed by saying that what is submitted to Council shall be submitted to the electors.

Mr. Kilroy asked if Number 16 on the agenda [Ordinance 145-98] has to be submitted to the electorate as Council would have the option of passing it ourselves and not submit it to the electors. Mr. Stringer replied that is an ordinance for submission to the electorate of what the Charter Review Commission has proposed by way of an amendment to the Charter, without anything changed; nothing has been changed. Mr. Stringer added that is spelled out in the Charter, Article 12 that Council shall submit to the electors, not later than next general succeeding election, any such proposed alterations, revisions or amendments. So Council has no discretion as to changing anything, but does have an obligation to submit it to the voters. Passing these ordinances is the method by which Council submits them to the electorate. Mr. Kilroy stated that was his question; it's not like an Initiative Petition where Council could just adopt it as an ordinance; rather it has to go to the electorate.

Mr. Brady asked if an Initiative Petition can be passed by Council without going to the vote of the people. Mr. Stringer replied that an Initiative Petition can be passed by Council; however, if Council wants to amend anything in the Initiative Petition, they must then have approval of the committee that circulated the Initiative Petition before making changes. If the committee does not grant the Council authority to make any alterations or amendments to what they have submitted by initiative ordinance, then it must go as submitted to the electors and Council has 40 days to do that. So an initiative is a little different than the Charter revision; the Charter goes on the ballot; the initiative could be voted on and accepted but not rejected. If it is rejected, it has to be rejected by a majority, or if the committee that circulated the petition agrees to accept it partially changed, then they have the authority to do that.

Mrs. Doss stated that she understands that part of the Charter that says we must pass this but would like to add for the record that she does not agree with Items #16 through #20. It is her belief this takes away the voice of the people who elected the Council sitting up here. She also feels that it gives a possible implication of one person running everything, regardless of who holds that position. She does not think the people in Avon will agree with this, but wanted to make the statement that her "yes" vote does not agree with it and wants on the record.

Mr. Graczyk stated he concurs with Mrs. Doss' statement. He appreciates the fact that the commission went ahead and did all the work they did. When Council makes decisions like this it takes a lot longer than the time given this commission to look at everything. He will vote to pass the ordinances, but does not agree with them.

Mr. Jensen stated for the record, stated he disagrees wholeheartedly with these ordinances. He is voting for them so they can go to the electorate but not because it is the way he feels about it.

Mr. Kaiser stated that he disagrees with the next ten items on the agenda simply because there is no sense of checks or balances, which he stated last week. He feels that, without a system of checks and balances, a dictatorship can develop. When you have a dictatorship you have a person who is not voting for the people, like we are. We are up here to vote for you, to represent you, the Mayor is not a voting agent in this body, we are. Therefore, I feel it does take power away from the people. It's not an issue of power or anything else as far as the Council is concerned; it's an issue of representation. As stated before, it's going to set up a dictatorship and he is hoping that the Avon public will see that for what it is.

Mr. Brady stated that these items definitely strengthen the voice of the people; they provide for direct accountability, something we definitely don't have right now. They don't allow people to pass the buck. It offers the buck stops here type of position and he thinks that creates the vision of power in a community that is growing and is much needed. It will allow Council to focus on their primary job which is legislating and not trying to boss around directors. He said it last week and considered everybody else's position on this and still has to concur with the Charter Review Commission. The commission did an exceptional job; it was very aggressive and wished them continued success with the rest of their tenure on the Charter Review.

Mr. Kilroy stated, with all due respect to his colleagues on Council, he thinks the Charter Review Commission is in the best position to study, debate, discuss and come to an understanding of the best approach to these issues. While he personally would have worded some of the items a little differently, is going to defer to the judgement of the Charter Review Commission who were appointed by this body. Ironically, Council appointed them and the majority here doesn't have faith in their judgement. But he hopes that everybody in this room and everybody that's going to vote educates themselves on the issues and see that this is a step in the right direction to more open and accountable government.

Mr. Kaiser stated to Mr. Kilroy that he does not like it when he speaks for the Council and he does not have the right to speak for Council. It's not that we do not have faith in who we picked; we do; we just don't all agree with their decision. It has nothing to do with why we picked them or how they were picked.

The vote to adopt Ordinance No. 145-98 was: ... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 146-98 - CHARTER AMENDMENT - ARTICLE V, SECTION 4 APPOINTMENT AND REMOVAL OF DIRECTOR OF PUBLIC SAFETY

The Clerk read Ordinance No. 146-98 by title only, entitled:

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISION IN ARTICLE V, SECTION 4 THAT THE MAYOR HAVE THE EXCLUSIVE AUTHORITY TO APPOINT AND REMOVE THE DIRECTOR OF PUBLIC SAFETY AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 147-98 - CHARTER AMENDMENT - ARTICLE V, SECTION 5 APPOINTMENT AND REMOVAL OF DIRECTOR OF PUBLIC SERVICE

The Clerk read Ordinance No. 147-98 by title only, entitled:

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISON IN ARTICLE V, SECTION 5 THAT THE MAYOR HAVE THE EXCLUSIVE AUTHORITY TO APPOINT AND REMOVE THE DIRECTOR OF PUBLIC SERVICE AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 148-98 - CHARTER AMENDMENT - ARTICLE V SECTION 2 APPOINTMENT AND REMOVAL OF DIRECTOR OF LAW

The Clerk read Ordinance No. 148-98 by title only, entitled:

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISION IN ARTICLE V, SECTION 2 THAT THE MAYOR HAVE THE EXCLUSIVE AUTHORITY TO APPOINT AND REMOVE THE DIRECTOR OF LAW AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 149-98 - CHARTER AMENDMENT - ARTICLE V, SECTION 7 RELATING TO THE DIRECTOR OF PARKS AND SERVICE DIRECTOR

The Clerk read Ordinance No. 149-98 by title only, entitled:

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER ENACTING A NEW CHARTER PROVISION AS ARTICLE V, SECTION 7 RELATING TO THE DIRECTOR OF PARKS AND THE CHARTER PROVISION ON ARTICLE V, SECTION 5 RELATING TO THE DIRECTOR OF PUBLIC SERVICE AND DECLARING AN EMERGENCY

Discussion: Mr. McDonough asked if this ordinance was defeated, would council come back and reconsider it and Mr. Graczyk replied affirmatively.

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 150-98 - CHARTER AMENDMENT - ARTICLE V, SECTION 4.3 RELATING TO CHIEF OF THE POLICE DEPARTMENT

The Clerk read Ordinance No. 150-98 by title only, entitled:

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO ENACTING A NEW CHARTER PROVISION AS ARTICLE V, SECTION 4.3 RELATING TO THE CHIEF OF THE POLICE DEPARTMENT AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 151-98 - CHARTER AMENDMENT - ARTICLE V, SECTION 4.6 RELATING TO CHIEF OF FIRE DEPARTMENT

The Clerk read Ordinance No. 151-98 by title only, entitled:

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO ENACTING A NEW CHARTER PROVISION AS ARTICLE V, SECTION 4.6 RELATING TO THE CHIEF OF THE FIRE DEPARTMENT AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 152-98 - CHARTER AMENDMENT - ARTICLE IX, SECTION 1 RELATING TO NOMINATIONS AND ELECTIONS

The Clerk read Ordinance No. 152-98 by title only, entitled:

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISION IN ARTICLE IX, SECTION 1 RELATING TO NOMINATIONS AND ELECTIONS AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 153-98 - CHARTER AMENDMENT - ARTICLE X, SECTION RELATING TO RECALL OF AN ELECTED OFFICIAL

The Clerk read Ordinance No. 153-98 by title only, entitled:

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISION IN ARTICLE X, SECTION 3 RELATING TO THE RECALL OF AN ELECTED OFFICIAL AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 154-98 - CHARTER AMENDMENT - ARTICLE III, SECTION 4 RELATING TO VACANCY IN THE OFFICE OF MAYOR

The Clerk read Ordinance No. 154-98 by title only, entitled:

AN ORDINANCE FOR THE SUBMISSION TO THE ELECTORATE OF AN AMENDMENT TO THE MUNICIPAL CHARTER RELATIVE TO THE CHARTER PROVISION IN ARTICLE III, SECTION 4 RELATING TO VACANCY IN THE OFFICE OF MAYOR AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 144-98 - TO APPROVE AMENDMENT TO THE SUBDIVIDER'S AGREEMENT FOR CAMELOT SUBDIVISION NO. 4

A motion was made by Mr. McDonough and seconded by Mr. Jensen to untable Ordinance No. 144-98.

The vote was: Mr. Brady, "abstain";

... The Chairman declared the vote to be 6 to 0 with one abstention and the motion passed.

A motion was made by Mr. McDonough and seconded by Mrs. Doss to adopt Ordinance No. 144-98.

Discussion: Mr. Stringer stated that he would like to confirm with Mr. McLaughlin that the sub-divider will agree to amend the Subdivider's Agreement for this phase to include the current impact fees that are being required. Mr. McLaughlin responded affirmative and expressed thanks to Council for giving him the opportunity to go back and get refreshed on this. To Mr. Kilroy he responded in the affirmative that they will sign on to the standard language which is contained in the most recent subdivider's agreement concerning the road and sanitary sewer impact fees.

Mr. Kilroy stated there were some unanswered questions last week because Mr. McLaughlin was not able to be present which had to do with the nature of delay and what the plan was. He asked if there is any plan to get the project moving. Mr. David DiBenedetto stated that they could possibly start phase 4 within the next month. They are working on a couple deals, but right now our time is lapsed and they do not want to have to start all over. They have talked with a few other builders, but it has been slow there and hopefully will start picking up. They may be starting within the next 30 to 60 days but, if not, do not want to have to start all over for phase 4.

... Mr. Brady, "abstain"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 to 0 with one abstention and the motion passed.

ORDINANCE NO. 155-98 - INITIATIVE PETITION FOR REZONING FROM C-2 TO C-3

The Clerk read Ordinance No. 155-98 by title only, entitled:

AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF A PARCEL OF LAND CONSISTING OF 85.8507 ACRES LOCATED NORTH OF DETROIT ROAD AND EAST OF CENTER ROAD IN THE CITY OF AVON FROM C-2 DISTRICT TO C-3 DISTRICT

A motion was made by McDonough and seconded by Mr. Jensen to suspend the rules and act on Ordinance No. 155-98.

... Mrs. Doss, "abstain" ... The Chairman declared the vote to be 6 to 0 with one abstention and the motion passed.

A motion was made by Mr. McDonough and seconded by Mr. Jensen to adopt Ordinance No. 155-98.

Discussion: Mr. Stringer stated that this ordinance is the initiative petition ordinance and, as Council indicated in the past, the subject of this ordinance being a rezoning, it is the sense of a majority of Council that this matter should be left to the vote of the electors. In order to get this on the ballot as presented, Council would vote to reject this ordinance, meaning vote "no". Then Council would go forward to the next Ordinance No. 156-98 ... and pass that ordinance to place the initiative petition on the ballot as submitted, without any changes.

Mr. Brady stated he was under the impression that the process was to be to vote down the rezoning and then to vote for the initiative and asked when did Council vote down the rezoning of it. Mr. Stringer replied this initiative petition, in effect, is asking Council to pass this ordinance that would in effect rezone the property. If you don't want to go ahead and rezone that property, but allow the voters to determine it, the initiative petition then would be placed on the ballot by a separate Ordinance No. 156-98. And this ordinance would be rejected.

Mr. Brady said he specifically remembers stating he was prepared to make a decision on this subject and does not remember there being any straw poll taken of the Council members. He and Mr. Graczyk respectfully disagreed on this subject, but he did not realize it was the general consensus of Council or the majority of Council to turn this down or not to rezone. Mr. Stringer commented that the Charter says that Council has one choice in this case. Council can accept it as presented and vote on it, or reject it. Council cannot accept it in part or amend it because the committee has indicated they don't want any amendments, they want it presented to Council to vote on as presented. If Council votes it down, then the next item would be to place it on the ballot. Mr. Stringer stated he is not anticipating what the vote is going to be and did not mean to suggest that it was his sense that this was discussed before.

Mr. Brady commented that Council is not even voting whether or not to rezone it, we're just voting to put it right on the ballot; that's basically what we are doing.

Mr. Graczyk replied that this vote is to rezone the property and if we reject this ordinance, then the next vote is to put it on the ballot; this ordinance is to [rezone] the property. Mr. Brady asked if he voted yes on the first ordinance, would he be supporting that project and think it should be rezoned. He also asked if, by voting no, would he indicating that he does not support the question or the project and feels it is up to the voters to decide this issue. Mr. Graczyk replied that is correct.

Mayor Smith asked Mr. Stringer if Mr. Brady can vote yes on both of the ordinances and Mr. Stringer replied that he can vote yes on both of the ordinances.

The vote to adopt Ordinance No. 155-98 was: Mr. Kilroy, "nay"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "abstain"; Mr. Jensen, "nay"; Mr. Kaiser, "nay"; Mr. Graczyk, "nay". The Chairman declared the vote to be 2 yes 1 abstention and 4 no and the motion failed.

ORDINANCE NO. 156-98 - TO SUBMIT TO THE ELECTORS THE QUESTION OF REZONING LAND FROM C-2 TO C-3

The Clerk read Ordinance No. 156-98 by title only, entitled:

AN ORDINANCE TO SUBMIT TO THE ELECTORS THE QUESTION OF AMENDING ORDINANCE NO. 413-68, PASSED JANUARY 15, 1969 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF AVON, OHIO AS AMENDED, REZONING A PARCEL OF LAND LOCATED NORTH OF DETROIT ROAD AND EAST OF CENTER ROAD IN THE CITY OF AVON AND CONSISTING OF 85.8507 ACRES FROM C-2 TO C-3 DISTRICT AND AMENDING THE ZONING MAP OF THE CITY OF AVON TO REFLECT SAID CHANGE AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mr. Jensen to suspend the rules and act on Ordinance No. 156-98.

The vote was: Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "abstain"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. Graczyk, "aye". The Chairman declared the motion passed.

A motion was made by Mr. McDonough and seconded by Mr. Jensen to adopt Ordinance No. 156-98.

Discussion: Mr. Stringer stated, just so there is no confusion, since the initiative ordinance was rejected by Council at this time, and since the initiative ordinance was presented with sufficient signatures verified by the Clerk, Council does not have the option to vote "no". The Charter says it shall be submitted to the electors. To clarify that, this would be similar to the ten ordinances passed for Charter Review Commission.

The vote to adopt Ordinance No. 156-98 was: Mr. Brady, "aye"; Mrs. Doss, "abstain"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 for and 1 abstention and the motion passed.

RESOLUTION NO. R-45-98 - DECLARING PURPOSE AND NECESSITY FOR ENGINEERING STUDY FOR NORTHBRANCH SANITARY SEWER

The Clerk read Resolution No. R-45-98 by title only, entitled:

A RESOLUTION DECLARING THE PURPOSE AND NECESSITY FOR AN ENGINEERING SURVEY TO INCLUDE DRAWINGS, PLANS, SPECIFICATIONS AND ESTIMATES OF COST FOR EXTENSION, INSTALLATION AND CONSTRUCTION OF THE NORTHBRANCH SANITARY SEWER INTERCEPTOR AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mr. Jensen to adopt Resolution No. R-45-98.

Discussion: Mayor Smith requested a motion to table Resolution No. R-45-98 until the September meeting because there are some items which need to be finalized before going any further. He also requested it be voted on in a Special Meeting after the September 8 work session.

Mr. McDonough withdrew his motion and Mr. Jensen withdrew his second to adopt Resolution No. R-45-98.

A motion was made by Mr. Kilroy and seconded by Mrs. Doss to table Resolution No. R-45-98 until September 8, 1998.

... The Chairman declared the vote to be 7 to 0 and the motion passed.

RESOLUTION NO. R-46-98 - AUTHORIZING HIRING OF ASSISTANT TO SECRETARY OF THE CHARTER REVIEW COMMISSION

The Clerk read Resolution No. R-46-98 by title only, entitled:

A RESOLUTION AUTHORIZING THE HIRING OF ASSISTANT TO SECRETARY OF THE CHARTER REVIEW COMMISSION AND DECLARING AN EMERGENCY

Discussion: Mr. Jensen asked if this was to keep the minutes of the remaining meetings and the meetings were over with now. Mr. Graczyk replied the resolution pertains to when Pat Vierkorn left, which was before the meeting on July 14. Mr. Stringer added that the duties were to consist of covering the remaining meetings beginning July 14 and to pay for the services.

... The Chairman declared the motion passed.

RESOLUTION NO. R-47-98 - TO ADVERTISE FOR BIDS FOR THE NEW POLICE COMMUNICATIONS FACILITY

The Clerk read Resolution No. R-47-98 by title only, entitled:

A RESOLUTION TO ADVERTISE FOR BIDS FOR THE NEW POLICE COMMUNICATIONS FACILITY AND DECLARING AN EMERGENCY

.. The Chairman declared the vote to be 7 to 0 and the motion passed.

RESOLUTION NO. R-48-98 - TO ADVERTISE FOR BIDS FOR STATE ROUTE 83 DITCH ENCLOSURE

The Clerk read Resolution No. R-48-98 by title only, entitled:

A RESOLUTION TO ADVERTISE FOR BIDS FOR STATE ROUTE 83 DITCH ENCLOSURE ISSUE II PROJECT AND DECLARING AN EMERGENCY

... The Chairman declared the vote to be 7 to 0 and the motion passed.

RESOLUTION NO. R-49-98 - TO ADVERTISE FOR BIDS FOR CDBG NORTHGATE DRAINAGE PROGRAM

The Clerk read Resolution No. R-49-98 by title only, entitled: A RESOLUTION TO ADVERTISE FOR BIDS FOR THE CDBG NORTHGATE DRAINAGE PROGRAM AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mrs. Doss to adopt Resolution No. R-49-98.

Discussion: Mr. McDonough asked Mr. Hamilton if the grant money is in place for this project. Mr. Hamilton replied the amount of the grant is $17,000 and Mayor Smith added the work has to be done before applying for the grant. Mr. Hamilton stated on this particular project, he has written to Mr. Plas with a copy to the county that all the bills will be forwarded to the county for payment, other than the city paying them. That's the way it is being handled this time. The city has chosen to let the county make the payments rather than the city. They have agreed to go that route, rather than for us to try and figure out how to set up the advances on it.

... The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 114-98 - CONCERNING PROHIBITED USES IN M-1 INDUSTRIAL ZONE

The Clerk read Ordinance No. 114-98 for the first of three readings by title only, entitled:

AN ORDINANCE AMENDING SECTION 1280.03(b) OF THE CODIFIED ORDINANCES RELATING TO PROHIBITED USES IN AN M-1 DISTRICT AND DECLARING AN EMERGENCY

The Chairman declared this to be the first of three readings of Ordinance No. 114-98 and scheduled a Public Hearing for Monday, September 28, 1998 at 7:10 P.M.

ORDINANCE NO. 115-98 - CONCERNING SEXUALLY ORIENTED BUSINESSES

The Clerk read Ordinance No. 115-98 for the first of three readings by title only, entitled:

AN ORDINANCE AMENDING PART 12 OF THE CODIFIED ORDINANCES, ENTITLED PLANNING AND ZONING CODE, BY THE ADDITION OF CHAPTER 1285 "LICENSING AND OPERATION AND LOCATION OF SEXUALLY ORIENTED BUSINESSES"; AND DECLARING AN EMERGENCY

The Chairman declared this to be the first of three readings of Ordinance No. 115-98 and scheduled a Public Hearing for Monday, September 28, 1998 at 7:15 P.M.

ORDINANCE NO. 119-98 - AMENDING SECTION 2378.02(a) RELATING TO PROHIBITED USES IN C-4 DISTRICT

The Clerk read Ordinance No. 119-98 by title only, entitled:

AN ORDINANCE AMENDING SECTION 1278.02(a) OF THE CODIFIED ORDINANCES RELATING TO PERMITTED USES IN A C-4 DISTRICT AND DECLARING AN EMERGENCY

The Chairman declared this to be the first of three readings of Ordinance No. 119-98 and scheduled a Public Hearing for Monday, September 28, 1998 at 7:20 P.M.

ORDINANCE NO. 134-98 - AMENDING ZONING REGULATIONS FOR BUSINESS AND PROFESSIONAL OFFICES IN C-3 DISTRICT

The Clerk read Ordinance No. 134-98 for the first of three readings by title only, entitled:

AN ORDINANCE AMENDING ZONING REGULATIONS TO PROVIDE FOR BUSINESS AND PROFESSIONAL OFFICES IN C-3 DISTRICTS AND DECLARING AN EMERGENCY

The Chairman declared this to be the first of three readings of Ordinance No. 134-98 and scheduled a Public Hearing for Monday, September 28, 1998 at 7:25 P.M.

Discussion: Mr. Kilroy asked who is the proponent of this Ordinance and Mr. Graczyk replied this was proposed by Mr. Stringer. Mr. Stringer stated that Planning Commission recommended that we should not allow professional offices and offices in C-3 zone. Mr. Kilroy said he just wondered how it came up and was initiated and Mr. Graczyk replied it was initiated at Planning Commission by the Law Director as a change which he thought appropriate and Planning Commission did not agree.

Mr. Stringer stated the question was whether or not to should allow offices in all commercial districts. Where we are right now is zoned C-4 and C-4 has no provision for offices. The question was why not put it in C-3 and C-4 and went to Planning Commission that way. They did not think it was a good idea in C-3, but they recommended C-4.

ORDINANCE NO. 117-98 - APPLICATION OF BP FOR REZONING PROPERTY

The Clerk read Ordinance No. 117-98 for the second of three readings by title only, entitled:

AN ORDINANCE TO AMEND ORDINANCE NO. 413-68, PASSED JANUARY 15, 1969 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF AVON, OHIO, AS AMENDED, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF DETROIT ROAD AND STATE ROUTE 83 CONSISTING OF PERMANENT PARCEL NO. 4-00-015-13-029 (ZONED C-2); PERMANENT PARCEL NO. 4-00-015-13-040 (ZONED R-2); AND PERMANENT PARCEL NO. 4-00-015-13-058 (ZONED C-2) TOTALLING AN AREA OF 1.269 ACRES TO BE REZONED AS C-4

The Chairman declared this to be the second of three readings of Ordinance No. 117-98 with the Public Hearing scheduled for Monday, September 14, 1998 at 7:20 P.M.

REPORTS AND COMMENTS

Mayor Smith commented that State Route 611 is presently being repaved. Mr. Plas added they are working right now in Sheffield and anticipated they would be in Avon within the next two weeks. Mayor Smith reiterated that this is the last State repaving project to take place in the City of Avon. As of September, Avon will have 13 miles of the most heavily traveled highway turned over to the city for all the maintenance and repairs. Those 13 miles will take a lot of money to keep in proper shape, a lot of upkeep to maintain that road in a good, safe condition. The 13 miles are the most highly traveled roads in the City of Avon - 5 miles on Detroit road, 5 miles on S.R. 83 and 3 miles on 611. Everything is ours now and the roads are being turned over to the city to take care of the berming, road surface, and drainage. It will be a very expensive proposition from here on out for those sections of the road and could be a budget buster. Mr. Jensen asked if the city could change the speed limits. Mr. Biro added that Mr. Jensen has a good point. The whole transportation bill is sitting on Clinton's desk right now and if it is approved as proposed there will be a disbursement of funds because they are basically federal gasoline tax money which is designated for roads. But the management will strictly be up to us. That's the best case scenario, but there will be money for transportation funds.

Mr. Graczyk:

1) Expressed his thanks to the Charter Review Commission for the time they spent reviewing the items they did on the Charter. It's just like everything else in government, nobody has to see eye to eye on every issue. He feels we've almost slighted them by disagreeing with them but the fact is that he personally does not see eye to eye with it. However, he does appreciate the time spent and the work done and would not like to see that unnoticed.

2) Stated that Planning Commission will have a meeting on August 19 at 7:30 P.M.

3) Instructed the Clerk to include on the next work session a discussion on sidewalks. He has lived in other cities where sidewalks were put in, but have never been in a city before where an asphalt driveway was left instead of cutting it out and put a concrete sidewalk through it. He has noticed here in town asphalt driveways are being left and sidewalks going around them. At best, they are temporary and he suggested looking at changing that standard in order to have continuous concrete sidewalk. Mr. McDonough asked if there was an ordinance covering a change in home ownership which requires that sidewalks be installed automatically. Mayor Smith stated the city does not have an occupancy permit for people who change ownership and Mr. McDonough suggested maybe the city should have an occupancy permit. Mayor Smith added that, in Sheffield Lake they don't have sidewalks either, and when the ownership of a house in Sheffield Lake changes, they put sidewalks in. Mr. McDonough added that is a nice way to have sidewalks put in.

Mr. Brady:

1) Again mentioned the Kinzel Road issue which was talked about prior to this meeting. One of the things he requested earlier is to consider the feasibility of putting in the sanitary sewers down Kinzel Road along with the water line, storm drains and sidewsalks in order to get the whole project wrapped up into one. An argument can always be made if we're not going to do that why put in sidewalks and fix road because we're just going to mess them up again when the sewers are put. He heard that argument several times. He feels there has to be undoubtedly some health considerations with respect to all the systems that could possibly be leaching into French Creek, or a faulty system. For whatever reason, that is something Council needs to consider. He previously made it very clear during the two discussions that he definitely wanted sanitary sewers to be installed with everything else, provided that it is feasible.

Mayor Smith replied that is not a cheap item. Mr. Brady said he was not concerned about the cost but was more concerned about it being engineering and making common sense; nothing is cheap; so it should be considered. He suggested that Mike Bramhall could come up with a way to engineer that whole area. Because of its proximity to the sanitary sewer it may be possible to come up with a way of running a smaller, shallower depth sewer that just services that area. Mayor Smith asked for a resolution from Council stating the necessity for the sanitary sewer because that is a new issue and is different from the original resolution. Mr. Brady added that he would be happy to sponsor that resolution.

2) Reminded Council that he will be on vacation for 11 days, starting August 15.

Mr. Jensen:

1) Requested discussing the retention basin on Case Road in the next work session.

2) Mentioned the partially built home on Hunter's Trail that needs to have the grass cut. He has had another complaint about that and Mayor Smith replied that the city is in the process of doing more than just get the grass cut, trying to get it all taken care of. Mr. Brady added there were some questions about the lights which line the walking path. One resident on Hunter's Trail is adamant that they are not done within code. Mr. Jensen replied that has already been turned over to Mr. Bianchi who will take care of it.

3) Reported on the Roads and Highways Committee meeting before the Council meeeting. The recommendation was made unanimously that a crosswalk signal be put over S.R. 83 between Kinzel and Wyndemere as soon as possible. Mr. Hamilton was asked to find the $7500 to cover the cost. Mr. Hamilton replied that the city has about 15 projects going right now which are demanding money and, at this point, he today can't tell if he has the money for that project. Mr. Graczyk instructed the Clerk to add this item to the agenda of the next work session in resolution form.

Mr. Kaiser:

1) Asked Mr. Hamilton to provide a list of the 15 items that are requiring money right now.

2) Had some calls through the summer regarding the lights on the golf range next to Good Tines causing a hazard on I-90. Those lights are really obtrusive to drivers driving through there at night, with the oncoming traffic and everything else that's going on there. Mayor Smith commented he would talk with John Vilagi about the situation.

Mr. Kilroy:

1) Reminded the Clerk that he is no longer on the Finance Committee.

2) Mentioned that there is no progress on the sidewalks on Nagel Road towards getting the job done before school starts and there are numerous complaints from homeowners about the proximity of the sidewalks to their front steps. Mayor Smith stated that is being taken care of and we are progressing as fast as we can progress; it may not be done the day school starts. Places were staked for the City right of way one foot inside the right of way and the sidewalks will not be put in the middle of the front yards. Mr. Plas added that is correct and every provision is being made for some particular residents to make all the residents happy.

Mr. Plas also stated that we have until September 6 and basically have two in house contractors that are working on Detroit Road this week. Unfortunately, it is anticipated they probably will not be over on Nagel Road until the first or second week of September. Presently there are 10 or 12 residents who have already paid for permits and are ready to go. Right now everybody is busy and they will probably have to wait their turn. Mr. Kilroy mentioned, on the bright side, is that he found that our residents on Nagel Road have some creative approaches to getting choice words to express their displeasure; a lot of variations. He has a collection to share if anyone is interested.

Mr. Brady asked if the sidewalks were not just going to go to the back side of the city right of way and if Mr. Plas was making provisions. Mr. Plas replied that is correct and initially some residents on Stoney Ridge felt they would like to have the sidewalks basically in the right of way a little further. This change is to avoid the sidewalk being 3/4 of the way up into their front yard. He and Bramhall made some adjustments which they will continue to do on Detroit and Nagel Roads.

Mr. Brady asked if Bramhall took into consideration future improvements and how they would be run down those roads. Mr. Plas replied that has been done and has been documented so there will be no question. There was talk about storm sewers and sanitary sewers on Nagel Road and there is provision for that. Mr. Brady also asked about gas and electric in areas where they chose to go underground and Mr. Plas replied it is already in. Mr. Brady asked if those sidewalks would interfere with potential improvements. Mr. Plas replied we should have room the way it is laid out properly now. Improvements, utility-wise can be isolated enough to get in between the right of way and the berm of the road.

Mr. Brady asked if Bramhall took into consideration the width the streets when the city is 100% built out and when a collector street becomes the number of lanes it's supposed to be. Mr. Plas replied he could not answer that question. Mr. Brady stated, before making any other adjustments, he should make sure he is considering the entire big picture to avoid ending up with improvements under the road or improvements going where sidewalks need to be. The master thoroughfare plan should be looked over to make sure those things are taken into complete consideration. Because those people who are asking us to make adjustments will be the same ones that tell us you put it in the wrong spot, fix it. We really need to make sure we're doing our checks on that.

PAY THE BILLS

... The Chairman declared the motion passed.

TOTAL WARRANTS JUNE 1998 - #00217 - #00239 = $642,279.94

TOTAL WARRANTS JULY 1998 - #00251 - #00392 = $551,343.33

I hereby certify that there is money appropriated from the several funds of the City of Aovn, Ohio, to pay the above listed bills and that the Avon Civil Service Commission has approved the release of the warrants pertaining to remuneration of the employees coming under the jurisdiction of the Avon Civil Service Commission. /S/ Robert F. Hamilton, Finance Director

ADJOURN

A motion was made by Mr. McDonough and seconded by Mrs. Doss to adjourn the Regular Meeting of Council. The vote was: Mr. Brady "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 to 0 and the motion passed and adjourned the meeting at 9:32 P.M.

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