VOTING ORDER K. Zuber Z. Arnold J. Fenderbosch R. James D. Kos M. O’Donnell CITY OF AVON LAKE 150 AVON BELDEN ROAD AVON LAKE, OHIO The following business is to be considered at the regular meeting of the Avon Lake City Council on March 26, 2018 at 7:30 P.M. in the Council Chamber. Pledge of Allegiance Roll Call: Mr. Arnold, Mrs. Fenderbosch, Mr. James, Mr. Kos, Mr. O’Donnell, Mr. Zuber, Mayor Zilka, Law Director Lieberman, Finance Director Presley, Public Works Director Reitz. Correspondence Reports Mayor Council President Public Works Director Law Director Finance Director Standing Committees Special Committees Audience Participation Motions Appointing Gary Izo to the Zoning Board of Appeals for a term expiring December 31, 2020 – M. O’Donnell. Approving the purchase of equipment for police cruiser #237 from Hall Public Safety Upfitters in the amount of $11,702.47 – D. Kos. Approving the purchase of equipment for police cruiser #239 from Hall Public Safety Upfitters in the amount of $11,702.47 – D. Kos. Approving the purchase of equipment for police cruiser #244 from Hall Public Safety Upfitters in the amount of $10,781.67 – D. Kos. Legislation Third Readings: Temporary Legislation #11022, amending Planning & Zoning Code Section 1268, Historic Preservation Regulations. Temporary Legislation #11039, approving a conditional use for music practice and education. Second Readings: Temporary Legislation #11043, enacting Section 1442.07 to require final inspections for alterations and repairs. Temporary Legislation #11044, amending Section 1065.10 and 1438.09 to modify insurance requirements for contractors. Temporary Legislation #11045, amending Codified Ordinance Section 208.01, entitled general fee schedule. First Readings: Temporary Legislation #11049, providing for the transfers of funds. → Temporary Legislation #11050, providing for the continued defense of the City of Avon Lake in the event of potential litigation. → Temporary Legislation #11051, amending appropriations for the current and other expenditures. → Temporary Legislation #11052, providing compensation to the Ohio Police and Fire Pension Fund on behalf of an employee. → Temporary Legislation #11053, awarding a contract for Fourth of July fireworks. Temporary Legislation #11054, approving a wage increase for Tammy Strawn, Fire Inspector. → Temporary Legislation #11055, adopting a job description for the position of Building Department Administrative Assistant. →Suspension of the rule requiring three readings Temporary Legislation #11056, adopting a job description for the position of Public Works Administrative Assistant. Temporary Legislation #11057, adopting a job description for the position of Public Works Administrative Assistant. Temporary Legislation #11058, adopting a job description for the position of Recreation Administrative Assistant. Temporary Legislation #11059, approving a wage increase for City personnel. Temporary Legislation #11060, approving a conditional use site plan for Lake Arts Studio. Temporary Legislation #11061, amending Planning & Zoning Code Section 1244, 1250, and 1264 Distribution and Fabrication /Assembly in a Business District. Temporary Legislation #11062, approving the improvement plans for Chandon Subdivision No. 3. → Temporary Legislation #11063, approving the final plat for Chandon Subdivision No. 1. → Temporary Legislation #11064, changing the authorized full-time employment in the Police Department. → Temporary Legislation #11065, adopting an official seal for the City of Avon Lake. → Temporary Legislation #11066, authorizing the purchase of real property. → Miscellaneous Business and Announcements Public Input Adjournment →Suspension of the rule requiring three readings BY: Mrs. Fenderbosch TEMP NO: 11022 ORDINANCE NO. ________ AN ORDINANCE AMENDING PLANNING & ZONING CODE SECTION 1268, HISTORIC PRESERVATION REGULATIONS. WHEREAS, Planning Commission at its meeting of January 9, 2017 recommended to Council an amendment to Planning & Zoning Code Section 1268, and WHEREAS, Council coming now to consider said recommendation approves it in full, now therefore; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That Planning & Zoning Code Sections 1268 is hereby amended as follows: 1268.11 APPEALS. Any applicant aggrieved by the decision of the ALHPC, except in the case of a denial of a COA for demolition which is appealed to City Council per section 1268.07(h), may appeal to the Zoning Board of Appeals according to the procedures set forth in Section 1217.06 The applicant, or any other person or entity, or any officer board or department of the Municipality, aggrieved by the decision of the ALHPC, except in the case of a denial of a COA for demolition (which must be appealed to City Council per section 1268.07(h) or removal of an object designated as a historic landmark from the Municipality (which must be appealed to City Council per section 1268.12), may appeal to the Zoning Board of Appeals according to the procedures set forth in Section 1217.06. 1268.12 REMOVAL OF AN OBJECT LANDMARK FROM THE CITY. No object designated as a historic landmark may be removed from the Municipality unless the ALHPC consents in writing to such removal. Anyone wishing to remove an object designated as a historic landmark from the Municipality shall submit an application for such removal to the ALHPC. Such application shall identify the object, the owner of the object, the current location of the object, the date or dates that the object will be out of the Municipality and where the object will be located while it is out of the Municipality. The application shall also identify and provide current contact information (including address and telephone number) for the person or entity that will have control or possession of the object while it is out of the Municipality. The ALHPC may approve the application in whole or in part or may deny the application in whole or in part. The ALHPC may also impose conditions in connection with any whole or partial approval, including but not limited to a limitation on the length of time that the object may be out of the Municipality and restrictions on the manner the object may be used while it is out of the Municipality. The ALHPC shall make a determination on the application within sixty (60) days after its receipt of the application. If the ALHPC fails to render a decision within such time, the application shall be deemed approved as submitted. The applicant, or any other person or entity, or any officer board or department of the Municipality, aggrieved by the decision of the ALHPC may appeal the decision of the ALHPC to Council by filing a notice of appeal with the Clerk of Council not later than thirty (30) days after the ALHPC renders its decision. Council shall consider the appeal at its next regular meeting that is not less than twenty (20) days after the notice of appeal is filed. In the event of an appeal, Council may affirm, modify or reverse the decision of the ALHPC. 1268.123 SEVERABILITY. If any provision of this chapter or the application thereof is held invalid, such invalidity shall not affect any other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are hereby declared severable. Section No. 2: That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees which resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 3: That this Ordinance shall be in full force and effect from the earliest period allowed by law. st 1 reading: 1/22/18 nd 2 reading: 3/12/18 rd 3 reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor BY: Mrs. Fenderbosch TEMP NO: 11039 ORDINANCE NO. ________ AN ORDINANCE TO APPROVE A CONDITIONAL USE PERMIT AND PARKING WAIVER FOR MUSIC PRACTICE AND EDUCATION AT 33491 LAKE ROAD, AND DECLARING AN EMERGENCY. WHEREAS, Planning Commission has at its meeting of February 6, 2018, approved a conditional use permit and parking waiver, now therefore; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That after review and approval of the Planning Commission as required by Codified Ordinance Section 1244.02 and Section 1250 there is hereby approved and adopted a conditional use permit and parking waiver at 33491 Lake Road. Section No. 2: That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees which resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 3: That this Ordinance is hereby declared to be an emergency measure, the emergency being the necessity to allow the rental of units for music practice and education and to contribute to the economic development of Avon Lake, thus for the public welfare. Therefore, this Ordinance shall be in full force and effect immediately from and after its passage and approval by the Mayor. st 1 reading: 2/26/18 nd 2 reading: 3/12/18 rd 3 reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor BY: Mr. James TEMP NO: 11043 ORDINANCE NO. ________ AN ORDINANCE ENACTING SECTION 1442.07 OF THE CODIFIED ORDINANCES TO REQUIRE FINAL INSPECTIONS FOR ALTERATIONS AND REPAIRS FOR WHICH A CERTIFICATE OF COMPLETION IS REQUIRED. WHEREAS, persons who receive building permits for alterations and repairs of residential premises frequently complete the work authorized by the permits but do not obtain final inspections and approval of the work by the Building Department, and WHEREAS, the Residential Code of Ohio for One-, Two-, and Three-Family Dwellings (Chapter 4101:8-1 of the Ohio Administrative Code) was amended in 2013 to require that the owner of residential premises to which certain alterations or repairs have been made obtain a certificate of completion before the structure or building service equipment may be used, and WHEREAS, Council desires to ensure that any alteration or improvement for which a certificate of completion is required is inspected and approved by the Building Department before the improvement is occupied or used, now therefore; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That there is hereby enacted new Section 1442.07 of the Codified Ordinances of the City, to read as follows: 1442.07 FINAL INSPECTION; CERTIFICATE OF COMPLETION. No alteration or improvement for which a certificate of completion is required by the Residential Code of Ohio for One-, Two-, and Three-Family Dwellings (Chapter 4101:8- 1 of the Ohio Administrative Code) may be used or occupied unless and until the improvement has been inspected and approved by the Building Department and the certificate of completion issued. Section No. 2: That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees which resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 3: That this Ordinance shall be in full force and effect from and after the earliest period allowed by law. 1st reading: 3/12/18 2nd reading: 3rd reading: PASSED: _________________________ ____________________________ President of Council POSTED: _________________________ ____________________________ Approved ATTEST: _________________________ ____________________________ Clerk of Council Mayor 2 BY: Mr. James TEMP NO: 11044 ORDINANCE NO. ________ AN ORDINANCE AMENDING SECTIONS 1065.10 AND 1438.09 OF THE CODIFIED ORDINANCES TO MODIFY THE INSURANCE REQUIREMENTS FOR CONTRACTORS; AND DECLARING AN EMERGENCY. WHEREAS, Sections 1065.10 and 1438.09 of the Codified Ordinances of the City of Avon Lake specify the insurance required to be maintained by contractors, and WHEREAS, Council has determined that it is advisable to modify such insurance requirements, now therefore; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That Section 1065.10 of the Codified Ordinances of the City is hereby repealed. Section No. 2: That there is hereby enacted new Section 1065.10 of the Codified Ordinances of the City, to read as follows: 1065.10 CERTIFICATE OF INSURANCE AND BOND. (a) In order to be registered with the Municipality, every contractor must maintain the following insurance: (1) commercial general liability insurance on an occurrence basis in a combined single limit of not less than five hundred thousand dollars ($500,000.00) per occurrence; (2) if the contractor has employees, employer’s liability insurance with a limit of not less than five hundred thousand dollars ($500,000.00) per occurrence; (3) automobile liability insurance with a limit of not less than five hundred thousand dollars ($500,000.00) per occurrence; (4) if the contractor will perform work in the public right-of-way, an umbrella liability insurance policy with a limit of not less than one million dollars ($1,000,000.00); and (5) workers compensation insurance in the amount required by law. (b) Every policy of insurance required by (1) through (4) of division (a) of this section shall be issued by a solvent insurance carrier licensed to engage in the business of insurance in Ohio and shall designate the Municipality as an additional insured. The commercial general liability insurance policy must contain a provision that the policy may not be cancelled, terminated or materially changed except upon at least thirty (30) days prior written notice to the Municipality. (c) Every application for a certificate of registration and qualification shall be accompanied by certificates evidencing that the insurance policies required by divisions (a) and (b) of this section are in effect. (d) Every application for a certificate of registration and qualification shall be accompanied by a contractor's bond in the amount of five thousand dollars ($5,000.00) on the Municipality's approved form and executed by the applicant and a solvent surety company licensed to engage in the business of insurance in Ohio. Section No. 3: That Section 1438.09 of the Codified Ordinances of the City is hereby repealed. Section No. 4: That there is hereby enacted new Section 1438.09 of the Codified Ordinances of the City, to read as follows: 1438.09 CERTIFICATE OF INSURANCE AND BOND. (a) In order to be registered with the Municipality, every contractor must maintain the following insurance: (1) commercial general liability insurance on an occurrence basis in a combined single limit of not less than five hundred thousand dollars ($500,000.00) per occurrence; (2) if the contractor has employees, employer’s liability insurance with a limit of not less than five hundred thousand dollars ($500,000.00) per occurrence; (3) automobile liability insurance with a limit of not less than five hundred thousand dollars ($500,000.00) per occurrence; (4) if the contractor will perform work in the public right-of-way, an umbrella liability insurance policy with a limit of not less than one million dollars ($1,000,000.00); and (5) workers compensation insurance in the amount required by law. 2