MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF AVON, OHIO, HELD MONDAY, NOVEMBER 23, 1998

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PUBLIC HEARING - 7:15 P.M. - ORDINANCE NO. 189-98 APPLICATION FOR 11-23-98 REZONING PROPERTY ON RIDGELAND DRIVE - VASU

The Chairman, Ted Graczyk, called the Public Hearing to order and asked for questions and comments from Council members and the audience.

Garry Sherrill, 2279 Ridgeland Drive, stated his property is basically at the end of the playground of the Village School. He has lived in Avon since 1955 and on that street since 1961. He thanked his neighbors for coming tonight and the method they used to approach this subject. Maureen Skinner has approached the School Board and Dick Boesger took the petition to the street residents. Mr. Sherrill added that he discovered over the last week that there are deed restrictions to the properties on Ridgeland Drive which, first of all, was given by Nancy P. Miller to A. R. Miller Construction Company. The deed involved about 38 acres of property on Ridgeland Drive, as listed on page two of the deed which reads: "the residential area covenants as follows shall apply to Sublot No. 2 thru and including Sublot No. 41, Avon Acre Farms Subdivision Proposed, Avon, Ohio, said proposed Subdivision comprising all of the land hereinabove described together with additional land adjoining above described premises on the South."

Mr. Sherrill pointed out that it specifically has land use and building types and says: "No lot shall be used except for residential purposes; no building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling, not to exceed one and one-half stories in height and a private garage for not more than two cars." This was put in effect in August, 1951 and the plot map was put into effect in October, 1951. He further read: "These covenants are to run with the land and shall be binding on all parties and all persons claiming under them." He then stated that there are some extensions about how this operates but basically this covenant runs forever. It starts 25 years for the first renewal period and then goes 10 years thereafter. The next review period is 2006, yet we stand here today asking do we have the right to change. In order for it to change, it has to be by a majority of the people living in that plot area.

Mr. Sherrill pointed out that the back pages show where the plat map was filed. The very last page shows the first three lots as Avon Farm Acres, with the first lot owned at that time by Nancy P. Miller. She willed it to her husband's construction company and she owned the second lot. The third lot was owned by Everett and Virginia Beaty who were secretaries to the same construction company. So it is very specific what she wanted to have happen to that neighborhood.

Mr. Sherrill then stated that every day in this town somebody comes forth with a development of some kind and with those developments come covenants and restrictions and are in all four wards of this town. Perhaps in 47 years somebody may stand up and request to rezone this residential property to C-2. He stated he is coming to Council members who are representing those people and feels the residents need to have reinforcement from Council that these covenants are true and accurate. Even though this is not related to what's in existence today at Red Tail, or Wyndemere Estates, or even at Briar Lakes, these covenants carry weight and we would like Council to vote down the rezoning application. These covenants add value to our properties just like the developments just mentioned and that's why the residents are able to keep the prices between $200,000 and $300,000. People can live on private property knowing that their neighbor is not going to encroach upon their ability to enjoy that property. He asked Council to vote no on this rezoning issue and asked Mr. Vasu, in lieu of these evidences, to withdraw his request. It's very difficult to get these covenants to change.

Mr. McDonough asked why this covenant had not been brought up before. Mr. Sherrill replied he just recently discovered this, although it had been in the back of his mind that this might be a possibility for us to deal with in the future. These covenants are enforceable by the code of law and he is just asking Council to acknowledge that these do mean something and have effect against the rezoning.

Dick Boesger, 2212 Ridgeland Drive, commented that he had read his deed almost 40 years ago and the only thing he remembered reading was that he can raise chickens as long as he used them for himself. Everything else really didn't matter or mean that much and he did not remember anything like they just found in this document.

Mrs. Doss stated she is a little bit confused because according to the zoning map, some of these lots are already zoned commercial. Mr. Graczyk suggested a longer, harder look be taken at the covenants on the property.

Mr. Brady asked the Law Director for an explanation of how the city reacts when covenants conflict with the Master Plan and what would be Council's legal obligation. Mr. Stringer replied that the Master Plan really does not attach to the land; it is a plan. Covenants attach to the land and as long as they are not against public policy and are reasonable, then depending on the terms of the covenants, they cover the land. Probably when the Master Plan was put together, the planners were not aware of any covenants of this nature because they do not do a record search on these types of things. Mr. Brady asked if covenants would have more of a legal binding than a city's master plan. Mr. Stringer replied if the covenants are lawful and enforceable, they attach to the land and would prevail over any right that the City may claim through a master plan. Mr. Stringer also stated he would have to look closely at these covenants before giving advice. He has made some notes and intends to continue looking into the question.

Barbara Votava, 2463 Candlewood Drive, a former resident of Ridgeland Drive brought to Council's attention that she lived directly next door to Mr. Vasu's commercial property prior to moving to Candlewood. She brought up the fact that Mr. Vasu had asked for rezoning this property in the past while she was living in the adjoining property. She had some support from the city and was able to stop him from doing some things that now, according to our zoning regulations, would be illegal. The property being talked about is all zoned residential, R-1. Before she moved to Ridgeland he had his property rezoned from R-2 to C-2 in order to accommodate the television repair business originally on that property that abutted hers. That's what she thought she was moving next door to when she moved to Ridgeland Drive in the 1970's. Ms. Votava recommended that Council table this rezoning application and do some more research as to what the zoning actually is, what the plot plan is, as well as the documents the residents from Ridgeland Drive brought with them and if it requires title searches, surveys, etc. It is the city's responsibility to protect the citizens of the street and neighborhood.

Frank Skinner, 2261 Ridgeland Drive, stated they bought their house on Ridgeland in 1984 and made the decision to purchase this property after spending time at city hall. He looked at the plat and zonings, the things he would be moving into. It was clear cut that he would not be living next to a commercial development which is one of the main reasons he was confident to buy on Ridgeland. He turned a house that was a fixer-upper at best to a very nice home and has invested a lot of money and time in this house, as many of the Ridgeland neighbors have done. If you had been down Ridgeland 15 years ago you would not have bought on it; it was a mess. Now it is a nice street, a nice neighborhood, a place where he is happy to raise his kids and now is threatened with commercial development on a residential street. This is something Council members would not want to happen on their streets either. This is a bad idea. He urged all Council members to vote no on this request to prevent conflict from happening.

Barbara Whitmore, 2170 Ridgeland Drive, stated she has lived here since the early '50s and pointed out it would be a crying shame to allow commercial development because the traffic will get worse than it is now. It's already very difficult to get out of the street in the morning and evening rush hours. If Council members had children going to that school, she did not think they would want to add to that traffic.

David Vasu, stated he has lived in Avon my whole life and his mother was born and raised here, so their family has been here as long or longer than a lot of the people in Avon. It seems that one of the big issues is the traffic problem, which is a problem for everybody. Let's look at what's causing the traffic and why we can't get out of Ridgeland Drive and other places. There are 2900 homes in Avon and he has been told that 3900 more are to be built in the next five years. In his opinion that is the major traffic concern and why people can't get out. All the years they have owned the property on Ridgeland Drive, a big portion of it has been commercial. It was commercial when they bought it, or it couldn't have been bought for what they did there. They never before applied for rezoning for this particular piece of property because it was not necessary. They have also allowed Little League to park in the front part of the lot, which is all zoned commercial. There have been many times when that parking lot has been full and they have not said anything to the people parking there. They have parked in the back and sometimes couldn't get around until the Little League people left. Instead of saying anything to them, we've just dealt with the problem.

Mr. Vasu also stated that he is not opposed to the antique shows in town, but they do generate a lot of traffic. That's a problem for people getting out of Ridgeland Drive when those things are going on. When the school lets out, all the buses come up Ridgeland Drive. He suggested the residents not point their fingers at Vasu because if they really look at how much traffic Vasu is generating, it's not that much. Their employees come in the morning, leave at night and most of the workers are on the road during the day, so they do not create a lot of traffic in and out. The shop does generate some traffic. Verite Glass generates a little bit of traffic but most of their activities are in the evening and at times when there are not a lot of people coming in and out.

Mr. Vasu added nobody said anything to him about having a problem on the street prior to last week. He also has a petition and out of the 42 addresses on Ridgeland Drive he has 20 signatures of people who do not oppose the rezoning. He only spoke with 21 people and 20 people signed it to signify they were not opposed. He will give the petition to Council at a later date.

Paul Sigler, 2196 Ridgeland, indicated that he has lived there for approximately 30 years. During this time has not appreciated his neighbor who has not been a very good neighbor. He understood that some years back they would be rezoning at the end of their street. He called his Councilman and was told he would not be affected. Later he found out that his Councilman was wrong. It did affect me; somebody was cooking some tar out there, right across from the school ground, which is a known carcinogen. He did not have to worry about secondary smoke during that period. To have coal tar being burned right across from the school playground, knowing that we have winds out of the west all the time, this neighbor was being very inconsiderate. He has no reason to trust that neighbor in the future and therefore opposes this rezoning. He also feels it is a bad idea to have a school in a non-residential area. It would be best to have residences around us in order to avoid having undesirable people coming into the area.

Alan Vasu, 2636 Center Road, stated he is a partner in the building and property which is asked to be rezoned. They were not aware of the deed restriction and he feels if that is a legal restriction it would need to be addressed before anything was done to change the nature of the property. From what Mr. Sherrill says, it does appear that a big portion of the people on the street may have a problem with the deed restriction because it states they cannot build three-car garages, and a few other things he listed are already built down the street. So there is probably a legal issue which will have to be looked at. Mr. Vasu added he hopes Council would stay to the fact that we are trying to increase our parking area a little bit and down the street. He really does not understand why the people seem to have a problem with the issue of what we're doing there because none of them live adjacent to it or even close to it. The zoning change is not requested to go down into that part of the neighborhood. They intend to leave a whole residential lot in between that and the first person on the street who would be affected. And the first person on the street has signed our petition saying they have no problem with it. The rest of the people who have talked about this live further down the street. The issue is we need a little more parking for the business we have there and have tried to upgrade the property and I think the people on the street can see that has been done over the years. Again, if there is a legal issue with the deed restriction, that should be addressed as a legal matter, not a zoning matter.

Richard Codger, 2251 Ridgeland, stated he also bought a house and did a lot of work to it and likes the residential area. He has no problem with the traffic, but does have a problem with the commercial property. He did not buy there but bought into a residential area. He does not live down the street and has nothing against any one of these people as far as the business goes. But he does not like the idea of walking out to the mailbox and looking at commercial property; that's not why he came to Avon. He would like to leave the street alone.

Paul Sigler, 2196 Ridgeland, stated that Mr. Vasu seems to be thinking that the people live down the street and would not be affected by it. Mr. Sigler added that he lives approximately 1/4 of a mile away from Mr. Vasu's business. He was also assured the last time by his Councilman that he would not be affected and did not pursue it but regretted it afterward. He lives approximately 1/4 mile to the north, the winds generally flow from the west and he was involved in a lot of tar, cooking tar smell all over the neighborhood. Mr. Sigler added if Council trusts this man, they are better off than he is because he can no longer trust him. He was right next door to the school playground with small children on it. He was inconsiderate toward them and inconsiderate toward me. That is his opinion; he does not trust the man any more.

Dick Boesger, 2212 Ridgeland, stated that last week Mr. Vasu claimed that when he bought the property it was a dump. Yesterday he went up to the Little League field and took pictures of the landlocked property Mr. Vasu owns and saw what seems to be junk blacktop piles. He added that somewhere along the line when this property was refigured and cut up, the property line wound up right next to Mrs. Votava's house. So if there was a gas meter hanging on her house, it would be on the commercial side. So right at the get go things were not done right when this property was split. Also it's too bad we didn't know about that part of our deeds. Mr. Vasu used to park his dump trucks right up against their house and in the mornings start up their diesels and let them run. His pictures show how close their trucks were parked. He also had pictures showing the pile of rubble on the landlocked property that, as far as he knows, is zoned residential and they are using it as commercial.

David Vasu, addressed the situation with the trucks Mr. Boesger referred to. When they originally bought the front piece of property referred to, that property was already zoned commercial. He did not say it was a dump, he said it was a junk yard with junk cars all over. Originally they tried to zone the back property to park some trucks. There is plenty of room in the front property if it were closed off and Little League or anybody else were not allowed to park there. However, Mr. and Mrs. Votava came to Council to complain that we were parking a few trucks in back. So we couldn't park them back there because it was residential. We could park them on commercial and it was commercial before we ever bought the land. So we had to park them next to the house. That land was zoned commercial three feet from her house before we ever bought the land in front. Mr. Vasu added that he would like everybody to know for public record that the school property from Detroit Road all the way down to Sherrill's house is zoned commercial, the exact same zoning as now. This includes all the property they now own next to the house, with no buffer. Just so everybody knows, when all these people bought on Ridgeland Drive thinking there was no commercial, that area was commercial right there forever. The property across the street they are trying to rezone was zoned commercial 30 years ago all the way down to the same area.

Ken Whitmore, 2170 Ridgeland Drive, stated he is not worried about Vasu's present property; he is concerned about extending it out even with the school property. That doesn't say Mr. Vasu cannot tear down those houses and put in a strip mall and he does not think we need a strip mall or anything else in residential area. Mr. Whitmore added that he was raised on that street and does not like to see commercial vehicles and commercial buildings on that part of the street.

Mr. Graczyk stated he had talked with the applicants earlier in the week and asked if they would mind if this application were moved to another Work Session. Council has some legislation that is in conflict with any kind of rezoning on residential property. That legislation is also being moved to the December 7th Work Session for discussion. That will also give the Law Director time to look at the covenant to see what it means to the city and it will also be discussed in that Work Session and will be on the agenda for a vote at the meeting of December 14th. Moving the third reading of this Ordinance was not related to the residents' coming here tonight. Council knew nothing about the deed restrictions; moving it was a matter of convenience for Council because of another piece of legislation.

Mr. Kaiser stated he did not know if Council needed that long to take a vote. It seems that the Law Director spoke about what credence a covenant holds. Anything that has to do with further use of residential or commercial property, the covenants would supersede anyway. Mr. Stringer again said he would like to have the opportunity to review the covenants closer to see what effect they have. The deed was drawn up in 1951 and he would like to look at it closer before making a recommendation. The next Work Session would give him sufficient time.

Mr. Brady stated he thought Mr. Kaiser's point was well taken. There may be members of Council who do not need any further information regarding a decision as far as voting on the issue itself. Mr. Graczyk stated he had intentions of amending the agenda to move it to the Work Session. At that point and time if Council feels that strongly about it, a vote can be taken.

With no further comments or questions, the Chairman closed the Public Hearing at 7:47 P.M.

MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF AVON, OHIO, HELD MONDAY, NOVEMBER 23, 1998 IN THE COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING AT 7:50 P.M.

The Chairman, Ted Graczyk, called the meeting to order at 7:50 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; Safety Director - Robert Jackson; Service Director - Gerald Plas; Law Director - Daniel Stringer; Clerk of Council - Patricia Vierkorn

MINUTES OF THE REGULAR MEETING OF COUNCIL - MONDAY, NOVEMBER 9, 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, November 9, 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 motion passed.

CORRESPONDENCE

Mayor Smith commented on the following correspondence:

1) Received the Northeast Lorain County Social Services monthly report and has a copy on file.

2) The Avon Fire Department October Report showing 34 ambulance calls and 20 fire calls.

3) Minutes of the Friday, October 2 meeting for the Lorain County Community Alliance. Mayor Smith will furnish copies to anyone desiring them.

4) Letter from St. John West Shore Hospital to Fire Chief Frank Root donating $1,000 for the purchase of an imaging camera to assist in providing the highest quality care possible for the citizens of Avon. This generous donation is well appreciated by the City.

Clerk of Council received an application for a liquor license for Avon Properties DBA as Bob-O-Link Golf Course. The response must be postmarked prior to December 9.

ADDITIONS AND DELETIONS TO THE AGENDA

A motion was made by Mr. McDonough and seconded by Mr. Jensen to remove the motion to suspend the rules from Item #9 - Ordinance No. 207-98. [207-98 Election for Recall] The vote was: Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "abstain"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 for and one abstention and the motion passed.

A motion was made by Mr. McDonough and seconded by Mrs. Doss to remove Item #10 - Resolution No. R-55-98 [R-55-98 To Amend Resolution No. R-60-97]

[Resolution No. R-60-97: Law Director Daniel Stringer on the reason why Council should consider repealing a resolution passed only a year ago: Stringer explained that the resolution takes away the ability of the Planning Commission to consider rezoning, denies Council the ability to change zoning and denies the property owner that same right.]

from the agenda for further discussion at the December 7, 1998 Work Session. 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 remove Item #11 - Ordinance No. 208-98 [208-98 To Repeal Resolution No. R-60-97] from the agenda and move it to the next Work Session. The vote was: Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "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 remove Item #15 - Ordinance No. 189-98 from the agenda and move it to the next Work Session. Mr. Brady asked if the application is automatically approved if Council does not act within a certain amount of time. Mr. Graczyk replied that is not correct. Mr. Kilroy stated he would consider this to be in the same category as the Avon Commons application in that there is no good reason to rush it through and to vote it up or down while Council is waiting to see some other things in the legal process. He would support removing this from the agenda so that Mr. Stringer could properly research the implications of the information brought forward today.

The vote to remove Item #15 from the agenda was: Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

A motion was made by Mrs. Doss and seconded by Mr. McDonough to accept the agenda as amended. 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.

ORDINANCE NO. 204-98 - TO AUTHORIZE HIRING OF T. BARRETT AS PART-TIME FIREFIGHTER EMT

The Clerk read Ordinance No. 204-98 by title only, entitled:

AN ORDINANCE AUTHORIZING EMPLOYMENT AND COMPENSATION WITH REGARD TO A SPECIFIC PART-TIME EMPLOYEE IN THE FIRE DEPARTMENT AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mrs. Doss to suspend the rules and act on Ordinance No. 204-98. The vote was: Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "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 adopt Ordinance No. 204-98.

Discussion: Mr. Jensen asked the effective date which was not included on the Ordinance. Chief Root replied it has always been as soon as it is signed. Mrs. Doss stated the reason for the question was that on the Ordinance there is a blank space which usually stated to be effective immediately upon passage. It was questioned if there was a holdup for several weeks.

The vote to adopt Ordinance No. 204-98 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.

ORDINANCE NO. 205-98 - TO AUTHORIZE HIRING OF T. JURISIN AS PART-TIME FIREFIGHTER EMT

The Clerk read Ordinance No. 205-98 by title only, entitled:

AN ORDINANCE AUTHORIZING EMPLOYMENT AND COMPENSATION WITH REGARD TO A SPECIFIC PART-TIME EMPLOYEE IN THE FIRE DEPARTMENT AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mrs. Doss to suspend the rules and act on Ordinance No. 205-98. The vote was: Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

A motion was made by Mrs. Doss and seconded by Mr. McDonough to adopt Ordinance No. 205-98.

Discussion: Mrs. Doss again asked if this Ordinance would be effective immediately and Chief Root replied that is correct.

The vote to adopt Ordinance No. 205-98 was: Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 206-98 - REAPPROPRIATIONS

The Clerk read Ordinance No. 206-98 by title only, entitled:

AN ORDINANCE TO AMEND AND SUPPLEMENT APPROPRIATIONS ORDINANCE NOS. 38-98, 68-98, 82-98, 92-98, 104-98, 127-98, 133-98, 165-98, 175-98, 182-98 AND 190-98 AND DECLARING AN EMERGENCY

A motion was made by Mrs. Doss and seconded by Mr. McDonough to suspend the rules and act on Ordinance No. 206-98. The vote was: Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "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 adopt Ordinance No. 206-98.

Discussion: Mr. McDonough asked Mr. Hamilton about the $7500 seed money for the Park department. Mr. Hamilton replied the city has the money to go ahead and the request for $7500 will be on the first reappropriation in December. Mrs. Doss commented that the Parks and Recreation Commission asked if they need to wait until after the first meeting in December for approval of the reappropriation before they contact this company. Mr. Hamilton replied it will just have to be reappropriated, the money is there and Mr. Stringer commented it cannot be spent until the appropriation is approved.

The vote to adopt Ordinance No. 206-98 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.

ORDINANCE NO. 207-98 - ORDERING RECALL ELECTION

The Clerk read Ordinance No. 207-98 by title only, entitled:

AN ORDINANCE ORDERING THAT A RECALL ELECTION BE HELD ON DECEMBER 15, 1998 SUBMITTING THE QUESTION OF RECALL OF COUNCILMAN JACK KILROY TO THE ELECTORS OF WARD 4 IN THE CITY OF AVON AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mr. Jensen to adopt Ordinance No. 207-98. The vote was: Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "abstain"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 to 0 with one abstention and the motion passed.

ORDINANCE NO. 202-98 - 1999 SEWER RATES

The Clerk read Ordinance No. 202-98 for the first of three readings by title only, entitled:

AN ORDINANCE AMENDING SECTION 1042.02(i) (SEWER USE RATE) OF THE CODIFIED ORDINANCES OF THE CITY OF AVON AS AMENDED BY ORDINANCE NO. 189-96

The Chairman declared this to be the first of three readings of Ordinance No. 202-98.

ORDINANCE NO. 121-98 - MINIMUM STANDARDS FOR PRIVATE DRIVEWAYS

The Clerk read Ordinance No. 121-98 for the second of three readings by title only, entitled:

AN ORDINANCE ESTABLISHING MINIMUM STANDARDS FOR PRIVATE DRIVEWAYS IN RESIDENTIAL DISTRICTS AND DECLARING AN EMERGENCY

A motion was made by Mr. McDonough and seconded by Mrs. Doss to suspend the rules and act on Ordinance No. 121-98. 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 adopt Ordinance No. 121-98. The vote was: Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

ORDINANCE NO. 200-98 - APPLICATION FOR REZONING PROPERTY AT N.E. CORNER OF CHESTER AND JAYCOX ROADS

The Clerk read Ordinance No. 200-98 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 A PORTION OF A PARCEL OF LAND LOCATED NORTH OF CHESTER ROAD AND EAST OF JAYCOX ROAD IN THE CITY OF AVON AND CONSISTING OF 12.3 ACRES FROM M-3 DISTRICT TO M-1 DISTRICT AND 4.9 ACRES FROM M-3 DISTRICT TO M-2 DISTRICT

The Chairman declared this to be the second of three readings of Ordinance No. 200-98 with the Public Hearing scheduled for Monday, December 7, 1998 at 7:15 P.M.

ORDINANCE NO. 194-98 - TAX ABATEMENT FOR SKILL TOOL & DIE CORP.

The Clerk read Ordinance No. 194-98 for the third of three readings by title only, entitled:

AN ORDINANCE CONSENTING TO AN ENTERPRISE ZONE TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF AVON, THE BOARD OF LORAIN COUNTY COMMISSIONERS AND SKILL TOOL & DIE CORPORATION, AN OHIO CORPORATION, AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF AVON TO EXECUTE AN ENTERPRISE ZONE AGREEMENT WITH SKILL TOOL & DIE CORPORATION, AND AUTHORIZING AND DIRECTING THE CLERK OF COUNCIL TO TRANSMIT A CERTIFIED COPY OF THIS ORDINANCE ALONG WITH THE ENTERPRISE ZONE AGREEMENT TO THE BOARD OF LORAIN COUNTY COMMISSIONERS FOR FURTHER CONSIDERATION BY THE BOARD AND DECLARING AN EMERGENCY

A motion was made by Mrs. Doss and seconded by Mr. McDonough to adopt Ordinance No. 194-98.

Discussion: Mr. McDonough asked if the city had collected any application fee for this abatement and Mayor Smith replied that none had been taken. Once the legislation is passed, we will do that from now on.

The vote to adopt Ordinance No. 194-98 was: Mr. Kilroy, "nay"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 to 1 and the motion passed.

REFERRAL TO PLANNING COMMISSION

Per Article VII, Section 2, Planning Commission (d) Mandatory Referral of the Charter, Avon City Council referred to Avon Planning Commission consideration of sidewalks on Nagel Road at Summerhill and Red Tail Subdivisions. A motion was made by Mrs. Doss and seconded by Mr. McDonough to refer to Planning Commission sidewalks on Nagel Road. The vote was: Mr. McDonough, "aye"; Mr. Brady, "abstain"; Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 6 to 0 and one abstention and the motion passed.

REPORTS AND COMMENTS

Mayor Smith commented:

1) Discussion was held about moving the pole at 611 and 254 by the electric company and letters have been sent to the Cable TV, Cablevision and also the telephone company to get their input on what has to be moved. Doing it by letter form is more helpful in order to have some record on what we would like to have done.

2) The Service Department is presently cleaning debris out of French Creek hoping to get a better flow for the winter time and spring. Mr. Plas stated they are presently at the inter-section of Kinzel and Stoney Ridge. They worked from the west boundaries of Avon and are working south.

3) The Route 83 storm sewer north of Chester Road is near completion. Mr. Plas did an excellent job of overseeing this project and removing the big pit changes the view along the road. It was a fast job and did not impede traffic very much.

4) The Northgate storm sewer is presently coming under completion. That will also dress up the area when the grass is put in and will also help a lot of the drainage in the Lake Avenue area by giving more capacity to the overburdened storm sewer.

5) The Moore Road patch work from Avins Road Ditch sewer was completed the other day and we now have solid patching area on Moore Road.

6) The Administration is presently completing evaluations of City personnel and will have those done within the next couple of weeks.

7) The Road Resurfacing Projects for next year will be brought to Council as soon as possible.

Mr. Graczyk:

1) Asked if Mayor Smith will be ready to discuss moving of the electric pole on 611 in the Work Session on December 7. Mayor Smith replied he has not yet heard from the telephone company or Cablevision but agreed to put it on the agenda.

2) Asked if Mayor Smith would have anything preliminaries on the Road Resurfacing Program ready for that Work Session. Mayor Smith replied he would have a preliminary for the grading of the roads and Council will probably see that there are certain ones that are in need of immediate repair. If some roads are let go too much longer they will need a total rebuilding rather than resurfacing. We want to keep away from that part of the project which would be very expensive and we want to keep our repairs down to a minimum. The grading system will probably make a lot of decisions for us.

Mr. Kaiser stated a resident brought up a concern about the condition of the Old Colorado Road. Mayor Smith replied the resident contacted him today and Mr. Biro will take a look at that road for regrading. Mr. Kaiser asked if that is part of the old State Route 611 and would the State be responsible for it. Mayor Smith replied the road is the city's responsibility. Mr. Graczyk instructed the Clerk to put that item on the agenda of the December 7 Work Session.

Mr. Graczyk added the following items to the agenda of the next Work Session for discussion:

1) Resolution No. R-55-98; Ordinance No. 208-98 and Ordinance No. 189-98.

2) Discussion on Sidewalk Standards.

3) Discussion on lift station standards, with input from Dave Conrad. Mr. James Piazza stated that the lift station on French Creek Road is handled by the emergency generator at the nursing home which was approved by the Planning Commission. Mayor Smith suggested having Mike Bramhall or Gar Downing here for the discussion because they should have an idea on where and what size generator is used in the station.

4) Discussion on sample ordinance on restricting fireworks displays.

5) Discussion concerning the traffic study for Stonebridge Creek Subdivision which will be referred to Planning Commission.

6) Renewal of the Liquor License for Bob-O-Link.

7) Asked that Mr. Hamilton appropriate the money necessary for the election on December 15.

Mrs. Doss:

1) Gave a brief report from the Park & Rec Commission meeting held last Thursday evening, noting that there were no representatives from the Soccer Association, Little League, or the Merchants League again at that meeting.

2) A report was given that the Natureworks grant project for Schwartz Road is now completed. The restrooms have been winterized and closed for the winter. Hopefully once the check from the construction company is cashed and returned, Mr. Hamilton will be able to submit it to the State for the reimbursement to the city.

3) It was unanimously approved that the stalls will have doors installed in late winter to be ready by the time the restrooms are opened. Quite a few parents who viewed the restrooms were appalled that there were no stall doors. The money will be appropriated out of the 1999 budget.

4) Representative from the Jr. Women's Club was in attendance and the new sign for the Schwartz Road Park is ready for installation with help from the Service Department to remove some bushes, etc.

5) Mr. Dan Martin from the Metro Parks was in attendance and gave some information to Park & Rec Commission on the County trails that are in our county. He has offered help from the Metro Parks in giving us ideas for the Schwartz Road trail from the park which will connect over to Summerhill and Red Tail. There's a walk through that he will attend. Mrs. Wearsch was there and will attend the morning of December 12 whether it should be a raised walk or some other option. He will give his input once he sees it. Very interesting what the Metro Parks can give to the city; all we have to do is ask them for help. Mrs. Doss added this subject to the agenda of the next Work Session.

6) Mr. Zajaros, Recreation Coordinator, gave his report on the volleyball teams showing 8 teams, which is doubled from last year. Little League now has 18 teams. The Schmidt, Copland, Parker, Stevens group is waiting for the go ahead and Mrs. Doss will give them the go ahead after the appropriation is passed on December 14.

7) The Mayor was in attendance to discuss with the Park and Recreation Commission the position of Park Director. There will be further discussion in their next meeting; the third Thursday of December. Mayor Smith added he would like interested people to apply for the position through his office.

Mr. McDonough commented on the cost estimate for the Kinzel Road construction project which was included in the packet. Mr. McDonough added Council should also be looking at a similar project for the residents on Jaycox Road between the bend coming back about six houses. All the residents down there have asked for sidewalks and sewers and that would tie in the sidewalks all the way around to the park, down to the bridge, over the bridge and down to Summerhill and Jaycox. He added that there are 4 or 5 houses in that area and Dave Conrad has researched this project several times. Mayor Smith commented that the city wanted to put sidewalks in there but the people preferred putting in the sewer first and then the sidewalks to avoid doing it double. Mr. McDonough stated the residents still want to do it in that way and Mr. Kilroy added he had spoken to those residents during the past week and they are still very interested. Mr. McDonough instructed the Clerk to list this item on the Work Session of December 7 and notify those residents of the meeting.

Mr. Jensen commented:

1) He had met with some of his constituents down at The Field development who were concerned about the ditch behind their property because it is cutting their property in half. They wondered if the city owns the easements, how will they be able to get over to the other side, can they get permission to put a drain tile in there so they can get across, or do they need a bridge. Mr. Plas stated it is a complete engineering issue and would be very expensive.

2) The residents also said they had a representative out there from the Health Board because they smelled raw sewage. Mr. Graczyk stated they are tied in to the sewer right there, but nothing south of them is tied into the sewer. That ditch that goes through there starts the other side of Detroit Road with a number of houses on Moon Road and French Creek that could possibly be draining off something into it. Mayor Smith commented there is stagnant water. Tom Wearsch commented that ditch behind there is the detention and Mayor Smith added it has to stay open. They can bridge it but if the city wanted to clean they would have to take full responsibility for the removal and put the bridge back in. Mayor Smith added Mr. Graczyk has the same problem; he is on one side of French Creek and has property on the other side, probably more than an acre on the other side which falls in the same category. Mr. Jensen stated the owners told him if they had read the small print they would not have bought the property.

3) One owner on the west side of Stoney Ridge Road called and asked what they would have to do to get sewers up there. Mayor Smith replied that it would require a petition from 60% of the homeowners or 75% of the landowners with frontage on the street. Mr. Stringer asked that Mr. Jensen contact him for further details on petitioning the city.

Mr. Kaiser:

1) Wished everybody a happy Thanksgiving.

Mr. Kilroy:

1) Commented that in last week's packet there was a report from the Avon Branch of the Lorain Public Library he thought deserved comment. It is a remarkable success story. In the past ten years the head count of patrons going through there has increased from 35,000 to 75,000. In the last two years alone the items loaned have increased by 20,000. A couple years ago, this was an item of controversy in this community. He congratulated those who had worked on the levy votes for the new building and for the operating support. The library is a real asset to this community.

EXECUTIVE SESSION

A motion was made by Mr. McDonough and seconded by Mrs. Doss to enter into an Executive Session to discuss legal matters. 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.

RECONVENE

A motion was made by Mr. McDonough and seconded by Mrs. Doss to reconvene to the regular Council meeting. The vote was: Mrs. Doss, "aye"; Mr. Jensen, "aye"; Mr. Kaiser, "aye"; Mr. Kilroy, "aye"; Mr. McDonough, "aye"; Mr. Brady, "aye"; Mr. Graczyk, "aye". The Chairman declared the vote to be 7 to 0 and the motion passed.

ADJOURN

A motion was made by Mr. McDonough and seconded by Mrs. Doss to adjourn the regular meeting of Council. 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 motion passed and adjourned the meeting at 9:05 P.M.

Ted Graczyk, Council President

Patricia A. Vierkorn, Clerk of Council

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