SOLON CITY COUNCIL May 3, :00 P.M.

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1 10494 SOLON CITY COUNCIL 7:00 P.M. The Solon City Council met at City Hall on the above date. Present: Council Members Bell, Kraus, Mooney, Pelunis, Richmond, Stolarsky, Mayor Drucker, Law Director Matty, Clerk McConoughey Absent: Councilman Russo NOTES OF CAUCUS DISCUSSION: (Clerk s note: Agenda items not mentioned under Notes of Caucus Discussion are items that were not pertinently discussed during caucus. Agenda topics may not have been discussed in order, however, they have been placed in order for the convenience of this record.) Also present: Service Director Bandiera, City Engineer Busch, Human Resource Director Cornhoff, Construction Manager Driscoll, Planning Director Frankland, Assistant Public Works Director Hromco, Public Works Director Stanek, Assistant Police Chief Tittl, Fire Chief Shaw, Finance Director Weber Vice Mayor Stolarsky presided. PLANNING COMMISSION CONSENT: Planning Director Frankland reviewed the items from the Planning Commission SOM Center Road Panini s: Councilman Mooney said a representative for Panini s indicated an area of the outdoor patio will allow smoking and questioned the legality of smoking near the building. Councilman Pelunis said the legality of a smoking area was discussed during a review of Solon Freeway Lanes and it was determined that smoking is acceptable in a specific area. He said Councilman Mooney may be referring to restrictions pertaining to an office building Brookland Ave Howard Krock: Councilman Mooney requested this item be removed from the Planning Commission Consent Agenda and requested that approval require a contingency that the ramp must be removed if the property is sold. Councilwoman Richmond explained the Planning Commission discussed adding that contingency, however, it was determined the property may be sold to a buyer who required the handicap ramp and that it is likely if the ramp is unnecessary, a new owner would prefer to remove it. Therefore, it was determined to forgo the contingency.

2 10495 Council Councilman Mooney believes previous variances for handicap ramps were approved with a contingency, however, Mayor Drucker said a variance for a handicap ramp was approved in Ward 1 without any contingency. Councilman Pelunis also recalled a variance approved on Cannon Road without a contingency. Councilman Pelunis questioned whether landscape screening is a requirement for granting a variance for a handicap ramp and the Council s consensus was that, generally, it is not a requirement. This item will be removed from the Planning Commission Consent agenda and considered prior to Item 1. There were no objections to Items 1, 2, 3, 5, and 6 on the Consent Agenda and Vice Mayor Stolarsky advised it is unnecessary for those applicants to remain for the meeting. PENDING: 7. Proposed amendments to the Building Code regarding the waiver of an assessed fine: Vice Mayor Stolarsky said although it is not a requirement for the Building Code, he would prefer to schedule a public hearing to consider the proposed amendment recommended by the Planning Commission. 8. Proposed amendments to the Zoning Code sign regulations: Vice Mayor Stolarsky said the Mayor distributed a letter from the Solon Chamber of Commerce suggesting some changes to the proposed signage amendments. He suggested the issue be tabled to allow appropriate time for review. Although Councilman Mooney suggested the letter be referred to the Planning Commission, it was noted the issues involved were previously considered by the Planning Commission. Councilman Pelunis requested Planning Director Frankland provide the Council members with his input regarding the Chamber s suggestions prior to the next council meeting. 9. and 10. Ordinance Nos and : Vice Mayor Stolarsky said these items will remain on second reading. CONSENT: 19. Ordinance No Prisoner Housing Agreement with Shaker Heights: Councilman Bell questioned whether the agreement involves housing felony prisoners and Assistant Police Chief Tittl explained the contract is a renewal for Shaker Heights who has a 12-day facility. If they have a prisoner being housed for more than 12 days, they have the opportunity to house that prisoner at the Solon detention facility at a cost of $85.00 per day. The City of Solon would not be responsible for any centralized booking procedures; it is only for housing. Councilman Bell had no objections.

3 Council Vice Mayor Stolarsky said there is a need for an executive session for a number of topics and the Council can address the appointment and compensation of public employees prior to the meeting. The caucus ended at 7:14 P.M. and the meeting began at 7:15 P.M. Motion by Councilman Pelunis, seconded by Councilwoman Richmond to adjourn into executive session at 7:15 P.M. to consider the appointment and compensation of public employees. Roll call: Aye: Bell, Kraus, Mooney, Pelunis, Richmond, Stolarsky Motion carried The meeting reconvened at 7:38 P.M. Also present: Service Director Bandiera, City Engineer Busch, Human Resource Director Cornhoff, Construction Manager Driscoll, Planning Director Frankland, Assistant Public Works Director Hromco, Public Works Director Stanek, Assistant Police Chief Tittl, Fire Chief Shaw, Finance Director Weber CHANGES TO THE AGENDA: Item 4 was removed from the Planning Commission Consent Agenda and heard prior to Item 1. ANNOUNCEMENTS: Vice Mayor Stolarsky said announcements are as listed on the agenda. K-9 UNIT PRESENTATION: Mayor Drucker announced that her goal of reinstating Solon s K-9 Unit is coming to fruition with the acquisition of a new canine. She explained a contest was held between the Solon Schools fourth graders to name the new canine. She awarded the winner of the contest, Gabriel Barson, a certificate of recognition for submitting the name Striker which was chosen for the name of the new canine. Mayor Drucker introduced Striker and his handler, Officer Matt Troyer. Chief Godzich provided an explanation of how the Police Department located Striker and how he was brought to Solon. Mayor Drucker thanked Chief Godzich and Officer Troyer for returning the K-9 unit to Solon. COMMENTS FROM THE AUDIENCE: There were no comments from the audience. MINUTES: Motion by Councilman Mooney, seconded by Councilman Bell to approve the minutes of the March 22, 2010 Special meeting as presented.

4 10497 Council Roll Call: Aye: Bell, Kraus, Mooney, Pelunis, Stolarsky Abstain: Richmond Motion by Councilman Pelunis, seconded by Councilman Kraus to approve the minutes of the March 31, 2010 Special meeting as presented. Roll Call: Aye: Bell, Kraus, Mooney, Pelunis, Stolarsky Abstain: Richmond Motion by Councilman Pelunis, seconded by Councilman Kraus to approve the minutes of the April 5, 2010 meeting as presented. Motion by Councilman Mooney, seconded by Councilwoman Richmond to approve the minutes of the April 19, 2010 meeting as presented. Roll Call: Aye: Kraus, Mooney, Pelunis, Richmond, Stolarsky Abstain: Bell PLANNING COMMISSION: Brookland Avenue Howard Krock front yard setback variance PC approved Mr. Frankland displayed the plan and explained the application to install a handicap access ramp. As the house is close to the street and a 40 setback is required from the front property line, the installation of a 28 ramp would require a 33 front yard setback variance. Councilwoman Richmond further explained the actions of the Commission and indicated the Commission considered placing a contingency on approval of the variance to require the ramp be removed if the property is sold. It was determined by the Commission that the ramp may be an attractive feature for someone with a handicap wishing to purchase a home, therefore, the contingency was not included. Councilman Mooney would support the variance with the added contingency to require removal of the ramp if the property is sold to prevent the continued existence of the ramp should a buyer with no handicap purchase the property. Motion by Councilman Mooney, seconded by Councilman Kraus to modify the variance to include a contingency that the ramp be removed if the property is sold. Councilman Kraus noted handicap ramps have been requested in the past and questioned how the ramps are traditionally addressed.

5 Council Mr. Frankland said past applications vary as to whether the ramps are required to be removed. He noted the Planning Commission determined to not add the contingency since if the property was sold, the ramp would most likely be removed if not needed as it would cause difficulty in maintaining the yard. Councilwoman Richmond would consider supporting the contingency if it excluded sale of the property to a handicap person. Mayor Drucker did not support requiring a contingency at the Planning Commission meeting since it is unknown whether the ramp may be necessary for the new occupants of a home. Councilman Mooney believes the purpose of the Planning Commission is to determine a valid reason and justification for allowing the ramp and the variance. Mayor Drucker does not believe it is the Commission s duty to challenge an applicant if a valid reason is given for the ramp and the variance. Mayor Drucker believes application for a handicap ramp is made by someone who truly needs a ramp. Vice Mayor Stolarsky said the question is whether the approval should be contingent upon removal of the ramp upon sale of the property. Roll Call: Aye: Mooney Nay: Bell, Kraus, Pelunis, Richmond, Stolarsky Motion Failed There were no objections to the variance, therefore, it stood approved. PLANNING COMMISSION CONSENT: SOM Center Road Jasvinder Mandair Variance to allow 2 primary access drives PC approved Variance to allow a primary driveway with no access to a garage PC approved SOM Center Road Panini s % total green space variance PC approved Site plan for outdoor patio modifications which includes the addition of 8 8 outdoor gas fireplace PC recommends approval contingent upon review and approval by the Fire Department SOM Center Road 6459 SOM, LLC Brett Goldberg (DO Summers) 2.6 sq ft sign area variance PC approved Screening of mechanical equipment variance PC approved contingent upon equipment being painted to match building

6 10499 Council Site plan building elevation modifications and addition of concrete curbs PC recommends approval (PC approved the use of rolled concrete curbs) Alsace Court Ulysses Thomas accessory pavement setback variance PC approved Kruse Drive Le Chaperon Rouge Site plan fence modification PC recommends approval Motion by Councilwoman Richmond, seconded by Councilman Bell to suspend the rules and approve the items of the Planning Commission Consent Agenda. PENDING: 7. Proposed amendments to the Building Code, Section , Item D, Waiver of an Assessed Fine Councilwoman Richmond said the amendment allows the Mayor the discretion to waive assessment of a fine for the performance of emergency work completed without a building permit subject to certain criteria. She noted the criteria was modified to remove the requirement that a contractor be registered with the City and replaced with the requirement that application for a building permit occur within three working days from the date of the performance of the work in question. Motion by Councilwoman Richmond, seconded by Councilman Pelunis to schedule a public hearing for May 17, Proposed amendments to the Zoning Code sign regulations Vice Mayor Stolarsky said a letter was received from the Chamber of Commerce indicating certain recommendations. He suggested tabling the issue for proper review by the Council and Administration. Councilman Pelunis asked that Mr. Frankland provide an opinion and synopsis in regard to the Chamber s suggestions and review them with the Law Department prior to the next meeting. Mr. Frankland agreed. This item was tabled.

7 Council ORDINANCE NO AMENDING CHAPTER 248, ENGINEERING DEPARTMENT, OF THE ADMINISTRATION CODE, TO ESTABLISH THE POSITION OF CONSTRUCTION PROJECT ADMINISTRATOR, was read for second reading. Ordinance No remained on second reading. 10. ORDINANCE NO APPROVING THE COMPENSATION PAID TO DANIEL A. DRISCOLL AS CONSTRUCTION PROJECT ADMINISTRATOR AND DECLARING AN EMERGENCY, was read for second reading. Ordinance No remained on second reading. NEW: 11. ORDINANCE NO AMENDING THE ANNUAL APPROPRIATIONS FOR SALARIES/WAGES AND OTHER EXPENDITURES OF THE CITY OF SOLON FOR THE PERIOD JANUARY 1, 2010 TO DECEMBER 31, 2010, was read for first reading. Councilman Mooney explained the ordinance will amend Capital Improvement Fund 491 to appropriate additional requirements that have been submitted. Motion by Councilman Mooney, seconded by Councilman Kraus to suspend the rules and place Ordinance No on third and final reading. 12. ORDINANCE NO APPROVING CHANGE ORDER NO. 4 TO THE CONTRACT WITH BROOKSIDE CONSTRUCTION SERVICES FOR THE PURCHASE AND INSTALLATION OF A FOUNTAIN AND OTHER GENERAL IMPROVEMENTS FOR THE VETERAN S MEMORIAL PARK PROJECT (CONTRACT NO ), was read for first reading. Councilman Kraus explained specific issues involving electrical and coordination of contracts resulting in direct-costs due to the delays. Additional landscaping issues were also identified. Motion by Councilman Kraus, seconded by Councilman Bell to suspend the rules and place Ordinance No on third and final reading. Councilman Pelunis questioned certain expenditures, however, noted the work has already been completed, therefore, he will support the ordinance. He asked the Assistant Public Works Director to closely monitor activity to avoid future change orders as he believes the project is becoming costly. He noted certain costs in the change order were beyond the City s control.

8 10501 Council CONSENT: Motion by Councilman Kraus, seconded by Councilwoman Richmond to suspend the rules and place the following Consent items on third and final reading. The appropriate Council or Administrative representative provided an explanation for each item. 13. ORDINANCE NO RESCINDING ORDINANCE NO WHICH RESCINDED ORDINANCE NO AND AUTHORIZING THE MAYOR TO ENTER INTO A REVISED CONSERVATION EASEMENT AGREEMENT WITH THE WESTERN RESERVE LAND CONSERVANCY ON ACRES OF CITY OWNED PROPERTY REQUIRED FOR THE NORTH HUNTINGTON DETENTION BASIN EXPANSION PROJECT, AND DECLARING AN EMERGENCY, was read for first reading. 14. ORDINANCE NO ACCEPTING AUDITOR S DEEDS FOR FORFEITED LAND SALES FOR VARIOUS PROPERTY THROUGH THE SOLON LAND REUTILIZATION PROGRAM, was read for first reading. 15. ORDINANCE NO AUTHORIZING PAYMENT TO THE SOLON BOARD OF EDUCATION FOR USE OF SCHOOL FACILITIES FOR RECREATION DEPARTMENT PROGRAMS, was read for first reading. 16. ORDINANCE NO AUTHORIZING PAYMENT TO THE SOLON BOARD OF EDUCATION FOR BUS TRANSPORTATION FOR RECREATION DEPARTMENT PROGRAMS, was read for first reading.

9 Council ORDINANCE NO AUTHORIZING THE FINANCE DIRECTOR TO SELL SURPLUS VEHICLES OF NO FURTHER USE TO THE POLICE DEPARTMENT BY INTERNET AUCTION WITH GOVDEALS, was read for first reading. 18. ORDINANCE NO AUTHORIZING THE FINANCE DIRECTOR AND POLICE DEPARTMENT TO SELL EXCESS POLICE DEPARTMENT PROPERTY NOT NEEDED FOR A PUBLIC USE BY INTERNET AUCTION WITH PROPERTYROOM.COM, was read for first reading. 19. ORDINANCE NO AUTHORIZING THE MAYOR, FINANCE DIRECTOR AND POLICE CHIEF TO ENTER INTO AN AGREEMENT WITH THE CITY OF SHAKER HEIGHTS TO HOUSE PRISONERS AT THE SOLON DETENTION FACILITY, was read for first reading. COMMENTS FROM THE AUDIENCE: Mr. John Nolan, Bainbridge Road, spoke in regard to the Bainbridge Road Construction Project and said parents are having difficulty picking up children at 4:30 P.M. from the Center for the Arts due to the sporadic closure of the driveways. Mr. Nolan suggested that the Police Department offer assistance to address the issue at that time of day. COMMENTS FROM COUNCIL: Councilman Pelunis looks forward to seeing residents at the polls on Tuesday, May 4 th. Councilman Pelunis commended Mr. Bandiera and the Service Department for their efforts with the Earth Day celebration. Councilman Pelunis enjoyed the Healthy Solon event.

10 10503 Council Councilwoman Richmond attended the event at the Solon Center for the Arts. She commended the Arts Center staff for their efforts. Councilman Kraus looks forward to seeing residents at the polls and asked that residents drive carefully through the construction. Councilman Kraus commended those involved in the Earth Day celebration and the Healthy Solon Event at the Community Center. Councilman Kraus believes discussions regarding the Master Plan should continue. Councilman Kraus is pleased the K-9 Unit will function again. Councilman Bell congratulated Mayor Drucker and the Police Department for reinstating the K-9 Unit. Councilman Bell congratulated the Solon High School Seniors who will attend commencement on June 3 rd at the State Theatre. Councilman Bell said the Pettibone Construction Project is progressing and noted that any concerns of residents are being resolved. He asked that residents bring trash cans to the ends of their driveways. Councilman Mooney encouraged residents to vote. Vice Mayor Stolarsky commended the Service Department for the Earth Day celebration. Vice Mayor Stolarsky said the Ward 5 polling location is at Advent Lutheran Church at the corner of Cannon and Harper Roads and he looks forward to seeing residents on May 4 th. COMMENTS FROM ADMINISTRATION: Mayor Drucker commended Mr. Bandiera and the Service Department for their efforts with the Earth Day celebration. Mayor Drucker said the Focus program at the Community Center was sponsored by KeyBank and congratulated Councilman Kraus for his photo which was chosen to be exhibited at the Solon Center for the Arts. Mayor Drucker said Operation Medicine Cabinet will take place at the Senior Center on Saturday, May 8 th between 9:00 A.M. and 2:00 P.M. in which medications will be collected to be disposed of safely. Mayor Drucker said The Solon Philharmonic Orchestra concert will be held on Sunday, May 16 th at 3:00 P.M. at the Arts Center.

11 Council Mr. Matty wished the Solon High School Seniors good luck and much success. In regard to the Master Plan, Mr. Frankland said two new sections will be released in May for review. Mr. Frankland said correspondence was received from the Census Bureau stating that beginning May 1 st, Census Bureau representatives will visit residents who have not returned their Census form to collect information. He noted that 82% of residents have responded. Mr. Bandiera appreciated the compliments in regard to the Earth Day celebration. Mr. Bandiera said the remainder of rubbish carts will be delivered this week for the third phase of the Automated Rubbish Program. He encouraged residents to review the information attached to the rubbish carts. He noted that bundled cardboard can also be recycled. Motion by Councilman Pelunis, seconded by Councilman Kraus to adjourn into executive session at 8:24 P.M. for the purpose of appointment of a public employee, compensation of public employees and property acquisition. The Council reconvened at 9:50 P.M. Motion by Councilman Pelunis, seconded by Councilman Bell to adjourn at 9:50 P.M. Vice Mayor Clerk of Council