THE CODIFIED ORDINANCES OF THE CITY OF AVON REGARDING MINIMUM YARD REQUIREMENTS FOR ACCESSORY STRUCTURES

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1 MONDAY, JULY 13, 2015 PUBLIC HEARINGS: 7:15 P.M. ORDINANCE NO AN ORDINANCE AMENDING SECTION (c) OF THE CODIFIED ORDINANCES OF THE CITY OF AVON REGARDING MINIMUM YARD REQUIREMENTS FOR ACCESSORY STRUCTURES The Chairman, Council President Craig Witherspoon, called the Public Hearing to order at 7:15 P.M. There were no comments and Mr. Witherspoon declared the Public Hearing closed at 7:20 P.M. 7:20 P.M. ORDINANCE NO AN ORDINANCE TO AMEND ORDINANCE NO , PASSED JANUARY 15, 1969 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF AVON, OHIO, AS AMENDED, REZONING A PARCEL OF LAND CONSISTING OF APPROXIMATELY ACRES LOCATED AT CHESTER ROAD, PERMANENT PARCEL NO FROM O-2 PLANNED RESEARCH OFFICE PARK TO O-2/C-4 PLANNED RESEARCH OFFICE PARK/GENERAL BUSINESS DISTRICT OVERLAY The Chairman, Council President Craig Witherspoon, called the Public Hearing to order at 7:20 P.M. There were no comments and Mr. Witherspoon declared the Public Hearing closed at 7:30 P.M. MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF AVON, OHIO, HELD MONDAY, JULY 13, 2015 IN THE COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING AT 7:30 P.M. The Chairman, Council President Craig Witherspoon, called the meeting to order and the Pledge of Allegiance was led by two Boy Scouts who were present in the audience. PRESENT: Council Members: 1 st Ward Bob Butkowski; 2 nd Ward Dennis McBride; 3 rd Ward Mary Berges; 4 th Ward - Daniel Urban; Council-at-Large Lee Belardo; Council-at-Large Tammy Holtzmeier; Council-at-Large Craig Witherspoon; Mayor Bryan Jensen; Law Director John Gasior; Finance Director William Logan; Service Director Michael Farmer; Parks Director Diane Corrao; Economic Development/Planning Coordinator Pam Fechter; Clerk of Council Ellen Young 1

2 ADDITIONS AND DELETIONS TO THE AGENDA A motion was made by Mr. Urban and seconded by Mrs. Holtzmeier to amend the agenda by adding as Item 23(a) an Executive Session to discuss imminent litigation regarding insurance, and the vote was: Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. A motion was made by Mr. McBride and seconded by Ms. Berges to accept the agenda as amended, and the vote was: Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Mr. MINUTES OF THE REGULAR MEETING OF COUNCIL HELD MONDAY, JUNE 22, 2015 A motion was made by Mr. McBride and seconded by Ms. Berges to dispense with the reading of the minutes of the Regular Meeting of Council held Monday, June 22, 2015, and to approve said minutes as published, and the vote was: Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Witherspoon, ORDINANCE NO TO AMEND SECTION (c) OF THE CODIFIED ORDINANCES REGARDING MINIMUM YARD REQUIREMENTS FOR ACCESSORY STRUCTURES The Clerk read Ordinance No by title only, entitled: AN ORDINANCE AMENDING SECTION (c) OF THE CODIFIED ORDINANCES OF THE CITY OF AVON REGARDING MINIMUM YARD REQUIREMENTS FOR ACCESSORY STRUCTURES The Chairman declared this to be the third of three readings of Ordinance No A motion was made by Mr. McBride and seconded by Mr. Butkowski to adopt Ordinance No , and the vote was: Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mr. ORDINANCE NO TO REZONE PROPERTY LOCATED AT CHESTER ROAD FROM O-2 to O-2/C-4 OVERLAY 2

3 The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO AMEND ORDINANCE NO , PASSED JANUARY 15, 1969 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF AVON, OHIO, AS AMENDED, REZONING A PARCEL OF LAND CONSISTING OF APPROXIMATELY ACRES LOCATED AT CHESTER ROAD, PERMANENT PARCEL NO FROM O-2 PLANNED RESEARCH OFFICE PARK TO O-2/C-4 PLANNED RESEARCH OFFICE PARK/GENERAL BUSINESS DISTRICT OVERLAY The Chairman declared this to be the third of three readings of Ordinance No A motion was made by Mr. McBride and seconded by Ms. Berges to adopt Ordinance No , and the vote was: Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. ORDINANCE NO TO AMEND CHAPTER 1050 OF THE CODIFIED ORDINANCES REGARDING COMPREHENSIVE STORMWATER MANAGEMENT The Clerk read Ordinance No by title only, entitled: AN ORDINANCE AMENDING CHAPTER 1050 OF THE CODIFIED ORDINANCES OF THE CITY OF AVON TO REVISE SECTIONS OF THE CITY S COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM A motion was made by Mr. McBride and seconded by Mr. Butkowski to suspend the rules and act on Ordinance No , and the vote was: Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. A motion was made by Mr. McBride and seconded by Ms. Berges to adopt Ordinance No , and the vote was: Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. ORDINANCE NO TO ADOPT CHAPTER 1051 OF THE CODIFIED ORDINANCES TO ESTABLISH RIPARIAN ZONES The Clerk read Ordinance No by title only, entitled: 3

4 AN ORDINANCE ADOPTING CHAPTER 1051 OF THE CODIFIED ORDINANCES OF THE CITY OF AVON TO ESTABLISH RIPARIAN ZONES A motion was made by Mr. McBride and seconded by Mr. Belardo to suspend the rules and act on Ordinance No , and the vote was: Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Mr. A motion was made by Mr. Butkowski and seconded by Mr. Belardo to adopt Ordinance No , and the vote was: Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. ORDINANCE NO TO ADOPT CHAPTER 1052 OF THE CODIFIED ORDINANCES TO ESTABLISH EROSION AND SEDIMENT CONTROL The Clerk read Ordinance No by title only, entitled: AN ORDINANCE ADOPTING CHAPTER 1052 OF THE CODIFIED ORDINANCES OF THE CITY OF AVON TO ESTABLISH EROSION AND SEDIMENT CONTROL A motion was made by Ms. Berges and seconded by Mr. Butkowski to suspend the rules and act on Ordinance No , and the vote was: Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mr. Witherspoon, A motion was made by Mr. Urban and seconded by Ms. Berges to adopt Ordinance No , and the vote was: Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. ORDINANCE NO TO REPEAL CHAPTER 1041 AND TO ADOPT CHAPTER 1053 OF THE CODIFIED ORDINANCES REGARDING ILLLICIT DISCHARGE AND ILLEGAL CONNECTION CONTROL The Clerk read Ordinance No by title only, entitled: AN ORDINANCE REPEALING CHAPTER 1041 AND ADOPTING CHAPTER

5 OF THE CODIFIED ORDINANCES OF THE CITY OF AVON REGARDING ILLICIT DISCHARGE AND ILLEGAL CONNECTION CONTROL A motion was made by Mrs. Holtzmeier and seconded by Mr. McBride to suspend the rules and act on Ordinance No , and the vote was: Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. A motion was made by Mrs. Holtzmeier and seconded by Mr. Urban to adopt Ordinance No , and the vote was: Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. ORDINANCE NO TO AMEND CHAPTER 1464 OF THE CODIFIED ORDINANCES REGARDING FLOOD PLAIN PERMITS, USE AND DEVELOPMENT STANDARDS FOR FLOOD PREVENTION AND COMPENSATORY STORAGE The Clerk read Ordinance No by title only, entitled: AN ORDINANCE AMENDING SECTIONS (FLOOD PLAIN DEVELOPMENT PERMITS), (USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION), AND (USE REGULATIONS) OF THE CODIFIED ORDINANCES OF THE CITY OF AVON AND CREATING SECTION (COMPENSATORY STORAGE) A motion was made by Mr. Butkowski and seconded by Mrs. Holtzmeier to suspend the rules and act on Ordinance No , and the vote was: Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Mr. A motion was made by Mrs. Holtzmeier and seconded by Ms. Berges to adopt Ordinance No , and the vote was: Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. ORDINANCE NO TO AUTHORIZE THE MAYOR TO ENTER INTO A CONCESSIONS AGREEMENT FOR THE AQUATIC FACILITY 5

6 The Clerk read Ordinance No by title only, entitled: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONCESSIONS AGREEMENT WITH THE BIG SHOW, LTD. TO ACT AS THE CITY S CONCESSIONAIRE FOR THE AVON MUNICIPAL AQUATIC FACILITY A motion was made by Mr. Urban and seconded by Mrs. Holtzmeier to suspend the rules and act on Ordinance No , and the vote was: Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mr. Witherspoon, A motion was made by Mr. Urban and seconded by Ms. Berges to adopt Ordinance No , and the discussion was: Ms. Berges stated that she had a question on page 1, item no. 4. It talks about the 5% of net sales at the end of the 2015 summer season. Ms. Berges asked if we also want to extend that to the 2016 season since the contract is for two years and Mr. Gasior responded that that was changed. He said that he had changed that to include 2016 but apparently it did not get to Council in the packet. It was changed after the last Work Session and he also updated a couple of the other sections to include 2015 and 2016 because the contract was based on this year and then all of next year. The vote was: Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. ORDINANCE NO TO TERMINATE THE MORATORIUM ON NEW DEVELOPMENT WITHIN THE FRENCH CREEK WATERSHED The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TERMINATING THE MORATORIUM ON NEW DEVELOPMENT WITHIN THE FRENCH CREEK WATERSHED A motion was made by Mr. Belardo and seconded by Mr. McBride to suspend the rules and act on Ordinance No , and the vote was: Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Witherspoon, 6

7 A motion was made by Mr. Belardo and seconded by Mrs. Holtzmeier to adopt Ordinance No , and the vote was: Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. ORDINANCE NO TO AUTHORIZE THE FINAL PLAT AND A SUBDIVIDER S AGREEMENT FOR ORCHARD TRAIL SUBDIVISION NO. 6 The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO AUTHORIZE THE FINAL PLAT AND A SUBDIVIDER S AGREEMENT FOR ORCHARD TRAIL NO. 6 A motion was made by Mr. Belardo and seconded by Mr. McBride to suspend the rules and act on Ordinance No , and the vote was: Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Mr. A motion was made by Mr. McBride and seconded by Mrs. Holtzmeier to adopt Ordinance No , and the vote was: Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. ORDINANCE NO REAPPROPRIATIONS The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO AMEND AND SUPPLEMENT APPROPRIATIONS ORDINANCE NO A motion was made by Mr. McBride and seconded by Mr. Butkowski to suspend the rules and act on Ordinance No , and the vote was: Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mr. Witherspoon, A motion was made by Mr. Butkowski and seconded by Ms. Berges to adopt Ordinance No , and the vote was: Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. 7

8 ORDINANCE NO TO AUTHORIZE A DEVELOPER S AGREEMENT WITH NWQ JAYCOX I-90, LLC FOR INSTALLATION OF UTILITIES ON CHESTER ROAD The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO AUTHORIZE A DEVELOPER S AGREEMENT WITH NWQ JAYCOX I-90, LLC FOR THE INSTALLATION OF PUBLIC UTILITIES IN THE VICINITY OF AND CHESTER ROAD A motion was made by Mr. McBride and seconded by Mr. Urban to suspend the rules and act on Ordinance No , and the vote was: Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Witherspoon, A motion was made by Mr. Belardo and seconded by Ms. Berges to adopt Ordinance No , and the vote was: Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. ORDINANCE NO TO AUTHORIZE AN AGREEMENT WITH NWQ JAYCOX I-90, LLC TO ENGINEER THE FUTURE WIDENING OF CHESTER ROAD EAST OF MENARDS/CABELAS TO JAYCOX ROAD The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT TO ADVANCE DESIGN COSTS WITH NWQ JAYCOX I-90, LLC FOR THE FUTURE WIDENING OF CHESTER ROAD EAST OF MENARDS/CABELAS TO JAYCOX ROAD A motion was made by Mr. Belardo and seconded by Ms. Berges to suspend the rules and act on Ordinance No , and the vote was: Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Mr. 8

9 A motion was made by Mr. Belardo and seconded by Ms. Berges to adopt Ordinance No , and the vote was: Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. ORDINANCE NO TO AMEND SECTION (a) OF THE CODIFIED ORDINANCES TO INCREASE WATER RATES The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO AMEND SECTION (a) OF THE CODIFIED ORDINANCES OF THE CITY OF AVON TO INCREASE THE RATES CHARGED FOR WATER SERVICE FOR THE CITY OF AVON A motion was made by Ms. Berges and seconded by Mr. McBride to suspend the rules and act on Ordinance No , and the vote was: Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mr. Witherspoon, A motion was made by Ms. Berges and seconded by Mr. Urban to adopt Ordinance No , and the vote was: Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. ORDINANCE NO TO AMEND SECTION (i) OF THE CODIFIED ORDINANCES TO INCREASE SANITARY SEWER RATES The Clerk read Ordinance No by title only, entitled: AN ORDINANCE TO AMEND SECTION (i) OF THE CODIFIED ORDINANCES OF THE CITY OF AVON TO INCREASE SANITARY SEWER RATES A motion was made by Mr. McBride and seconded by Mr. Butkowski to suspend the rules and act on Ordinance No , and the vote was: Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. 9

10 A motion was made by Mr. McBride and seconded by Ms. Berges to adopt Ordinance No , and the vote was: Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. ORDINANCE NO TO AMEND SECTIONS AND OF THE CODIFIED ORDINANCES TO CREATE THE PART-TIME POSITION OF HUMAN RESOURCES SPECIALIST The Clerk read Ordinance No by title only, entitled: AN ORDINANCE AMENDING SECTION AND SECTION OF THE CODIFIED ORDINANCES OF THE CITY AVON TO CREATE THE PART-TIME, UNCLASSIFIED POSITION OF HUMAN RESOURCES SPECIALIST AND TO ADOPT THE CLASSIFICATION SPECIFICATION FOR SAME A motion was made by Ms. Berges and seconded by Mr. Urban to suspend the rules and act on Ordinance No , and the vote was: Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Mr. A motion was made by Mr. McBride and seconded by Ms. Berges to adopt Ordinance No , and the vote was: Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. RESOLUTION NO. R-9-15 TO ADVERTISE FOR BIDS FOR THE 2015 ASPHALT ROAD PROGRAM The Clerk read Resolution No. R-9-15 by title only, entitled: A RESOLUTION TO ADVERTISE FOR BIDS FOR THE 2015 ASPHALT ROAD PROGRAM A motion was made by Mr. Butkowski and seconded by Mr. McBride to suspend the rules and act on Resolution No. R-9-15, and the vote was: Mrs. Holtzmeier, yes ; Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mr. 10

11 A motion was made by Mr. Belardo and seconded by Mrs. Holtzmeier to adopt Resolution No. R-9-15, and the discussion was: Ms. Berges asked how much Jaycox Road will be widened and Mr. Cummins answered that it will be widened from approximately 20 ft. in width to 28 ft. in width. The vote was: Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. REPORTS AND COMMENTS Mayor Jensen welcomed the two Boy Scouts to the meeting tonight and thanked them for being here. He said that any questions they might have would certainly be answered. Mr. Belardo announced that he is running for re-election for his seat as Councilman-at-Large. He hoped that the voters in the audience know his hard work and would support him on the ballot and he thanked them very much. Ms. Berges stated that at the last meeting of the Parks and Recreation Commission, there was discussion about additional bike paths throughout the City and at an upcoming Council meeting they will probably have someone from the Commission present a plan for this. Ms. Berges also said that she was at St. Mary s of the Woods today and there were a number of residents at a meeting talking about the traffic getting out of CVS going east. They asked her if there was anything that could be done to make it easier for them to exit out of there so she wanted to bring this up. She did not know with the traffic signalization if there was a timing issue that could be a help. Mayor Jensen said that we looked at that and the problem is that the exit is too close in terms of the traffic light at Rt. 83. We can ask our engineer to look at that further but the issue was always, can you put another light that close and the answer was always, no, so that is one that we are kind of stuck with. We keep looking at ways to help there such as changing the entrance but it is just a bad location. Mrs. Holtzmeier noted that in the memo from the Finance Director regarding the second quarter revenue/expense reports, it mentions that the TIF revenues were different compared to budget and she asked Mr. Logan to expand on that collection and what has been happening. Mr. Logan responded that we receive TIF revenue twice a year right after property tax distributions, so we get it in March and in August. We know that there were a couple of mistakes and he pointed these out to the Deputy Auditor of the County and he is correcting those, so when we get our second half distribution, we will see a little more revenue as a result of that. Also, beginning tomorrow, we will be doing a comprehensive review of all the TIFed parcels, so we hope to find some other things that are probably just inconsistent with determining certain values. Mrs. Holtzmeier thanked Mr. Logan for that information and then reminded everyone to mark their calendars for the weekend of August 7 th August 9 th, when the State of Ohio has a sales tax exemption period on clothing, school supplies, and school instructional materials, so that is a good time to get school supplies. 11

12 Mr. McBride stated that his only comment was that CVS chose to put their drugstore there on that corner and he would suggest that if anyone complains about traffic, they should contact CVS. Mr. Witherspoon stated that he will be out of town on August 10 th. That is a Regular Meeting of Council and he has already talked to Council President Pro Tem Dan Urban about chairing that meeting. Mayor Jensen added that, just in case we will have somebody else who may miss it, we will need to do something to make sure that we have a quorum to pass legislation. Mr. Witherspoon said, yes, because that is the only Regular Meeting that we will have in August. Ms. Fechter announced that there is a new business in town called Creative Space, Art, and More, and is located at Lear Industrial Parkway. It is an Avon Lake resident who is a professional stained glass and mosaic artist. She is having grand opening in September but on this Saturday from 7:00 10:00 P.M, she is having a gallery show where she is going to feature a number of other local artists. What she has set up now is an incubator for artists, a way for them to come in and teach their art and actually grow their business. EXECUTIVE SESSION A motion was made by Mr. Urban and seconded by Ms. Berges to enter into Executive Session to discuss imminent litigation regarding insurance, and the vote was: Mr. McBride, yes ; Mr. Urban, yes ; Mr. Belardo, yes ; Ms. Berges, yes ; Mr. Butkowski, yes ; Mrs. Holtzmeier, yes ; Mr. RECONVENE A motion was made by Ms. Berges and seconded by Mr. Urban to reconvene the Regular Meeting of Council, and the vote was unanimous in favor. ADJOURN A motion was made by Ms. Berges and seconded by Mr. Butkowski to adjourn the Regular Meeting of Council, and the vote was unanimous in favor. 12

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