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Dec 18, 2017 Council Meeting Minutes

Minutes Approved December 18, 2017

Regular Council Meeting

Elyria City Council

  1. CALL TO ORDER

The regular meeting of Elyria City Council was called to order on December 18, 2017 at 7:00 P.M. by President Lotko. President Lotko opened the meeting with a moment of reflection and it was followed by the Pledge of Allegiance to the Flag of the United States of America led President Lotko.

  1. ROLL CALL: COUNCIL MEMBERS

PRESENT: Callahan, Cerra, Mitchell, Baird, Stewart, Jessie, Mitchell, Madison, Tanner, Lotko, Davis

ABSENT: Craig

Tanner moved, seconded by Mitchell to approve the absence of Mr. Craig.

MOTION CARRIED

OTHERS PRESENT: Mayor Brinda, Safety Service Director Siwierka, Finance Director Pileski,

Law Director Serazin, Acting Engineer Schneider, Police Chief Whitely, Fire Chief Benton, Parks & Rec Dir. Reardon, WWPC Dir Korzan, Council Clerk Bullocks

  1. PUBLIC HEARINGS: None
  2. APPROVAL OF MINUTES:

Tanner moved, Mitchell seconded that the Regular Meeting Minutes of December 4, 2017 to be approved as printed. MOTION CARRIED

  1. REMARKS AND REPORTS OF CITY OFFICIALS:

Mayor Brinda: Mayor Brinda said that the city is officially in the budgeting process now. Budget meetings have been scheduled. Wreaths across America took place over the weekend and Brookdale Cemetery was one of the cemeteries that was chosen to honor Veteran’s across the United States. Mayor thanked all who were apart of this event.

Safety Service Director Siwierka: Mrs. Siwierka had no report at this time.

Finance Director Pileski: No report, but wanted to wish everyone a very Merry Christmas and a Happy New Year.

Law Director Serazin: No Report, Merry Christmas and Happy New Year.

Acting Engineer Schneider: Mr. Schneider wanted to update Council on the East Ave. Sewer project. The 4th St. East Ave intersection was opened up last Friday to the east, north and west, but still closed to the south. He stated that he has the list for the street resurfacing ranks.

Police Chief Whitely: Chief Whitely wanted to comment on an incident that happened earlier in the day. One of his officer’s saw a car that caught his attention on Rt. 57 and Rt 113 and he ran the plate. It came back that it was stolen from Cleveland and it was needed to be used for evidence. The officer called for back-up. The car took off and the Highway Patrol took over and the pursuit continued to Rocky River and then Lakewood and then the subject went off the road and crashed the vehicle and the subject was caught.

ASSD Brubaker: No Report

Mr. Korzan: Mr. Korzan handed out calender magnets to Council with Waste Water’s Hotline number. Mr. Korzan recommended that they pass those out to residents and that more are available upon request. The CT ran an article about the Waste Water Plant and the phosphorous limits and it referred to a one

  1. ORDINANCES–FIRST READING: Continued

milligram per liter. The plant has had that limit the entire 22 years that Mr. Korzan has worked there. He wanted to clarify that. The Great Lakes Region has had that limit since the 70’s.

Parks Director Reardon: Mrs. Reardon’s report is attached herewith, made a part thereof and designated as Exhibit “A”.

  1. PRESIDENT’S REFERRALS AND REMONSTRANCES:
  2. The matter of defining Court employees and their benefits.

REFERRED BY: Judge Bennett REFERRED TO: Finance

  1. The matter of entering into Change Order #1 and Final for the resurfacing Gulf Road.

REFERRED BY: Engineer Schneider REFERRED TO: Finance

  1. The matter of the Wet Weather Program – East Side Relief Sewer Project Phase 1B, South

REFERRED BY: Engineer Schneider REFERRED TO: Utilities

  1. The matter of Elyria WTP – Old Pump Station Asbestos Removal project

REFERRED BY: Engineer Schneider REFERRED TO: Utilities

  1. The matter of Cooperation Agreement with Lorain County, to share in the cost for the resurfacing of West River Rd., S.

REFERRED BY: Engineer Schneider REFERRED TO: Utilities / Finance

  1. PETITIONS–COUNCIL MEMBERS: None
  2. PETITIONS-LOBBY: None
  3. REPORTS OF STANDING AND SPECIAL COMMITTEES:

COMMITTEE REPORT 2017 – 12

WE HAVE CONSIDERED THE MATTER OF A REQUEST FOR A LIQUOR LICENSE TRANSFER TO J & K GROUP, LLC, DBA OUTLET STORE, 1412 WEST AVENUE, (PERMIT CLASS C1 AND C2) AND RECOMMEND THAT THE CITY OF ELYRIA DOES NOT REQUEST A HEARING.

Mr. Callahan moved, seconded by Mitchell for this Committee Report to be passed on it’s first reading.

PASSAGE

  1. RESOLUTIONS–FIRST READING: None
  2. RESOLUTIONS–SECOND READING: None
  3. RESOLUTIONS–THIRD READING: None
  4. ORDINANCES–FIRST READING:
Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-

AN ORDINANCE AUTHORIZING THE WAIVER OF THE VACATION REQUEST FEE TO VACATE FILBERT STREET.

1ST READING.

President Lotko declared this ordinance to have had its first reading.

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

Sponsored by:

Finance

V Stewart III

M Lotko III

J Baird

L Tanner

ORDINANCE NO. 2017 – 194

AN ORDINANCE AUTHORIZING THE MAYOR TO SUBMIT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THE FY 2018 ACTION PLAN, AND DECLARING AN EMERGENCY.

Callahan moved, Stewart seconded to pass this ordinance on its first reading under suspension of the

rules and declaring an emergency.

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1 ABSENT: 1 ABSENT: 1

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

 

 

 

 

 

 

 

 

 

 

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

Sponsored by:

Finance

V Stewart III

M Lotko III

J Baird

ORDINANCE NO. 2017 – 195

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH

KE ELYRIA LLC, AN OHIO CORPORATION, FOR EXEMPTION OF REAL AND PERSONAL PROPERTY TAXES WITHIN THE ELYRIA ENTERPRISE ZONE, CREATED UNDER ORDINANCE NO. 95-47, AND DECLARING AN EMERGENCY.

Callahan moved, Stewart seconded to pass this ordinance on its first reading under suspension of the rules and declaring an emergency.

Mr. Madison asked if the schools have been engaged in the conversation regarding the tax abatement? Mayor Brinda stated that all the appropriate notifications have been done. She explained that the schools don’t have to approve the tax abatement, they just have to be notified. But they are supportive of it.

Mr. Madison said that the annual earnings was around $10-$11 million that was projected from this business, is that just for the Elyria location or for all of there locations combined? Mayor Brinda stated that the representative from Johnny K’s is in attendance. Mr. Kalogerou introduced himself and explained that the projection in question is for the Elyria location only.

SUSPENSION: EMERGENCY PASSAGE

AYE: 9 AYE: 10 AYE: 9

NAY: 1 (Madison) NAY: 0 NAY: 1 (Madison)

ABSENT: 1 (Craig) ABSENT: 1 (Craig) ABSENT: 1 (Craig)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

ROLL CALL VOTE

Roll Call Vote on Passage:

AYE: Callahan, Cerra, Mitchell, Baird, Stewart, Jessie, Davis, Tanner, Lotko

NAY: Madison

ABSENT: Craig

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

J. Baird

ORDINANCE NO. 2017 – 196

AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 2016-161, WHICH AUTHORIZED THE MAYOR TO ENTER INTO AN AGREEMENT WITH WALTER/HAVERFIELD LLP, FOR COLLECTIVE BARGAINING SERVICES AND OTHER SPECIALIZED LEGAL SERVICES, TO INCREASE THE NOT TO EXCEED, AND DECLARING AN EMERGENCY.

 

  1. ORDINANCES–FIRST READING: Continued

Stewart moved, Baird seconded to pass this ordinance on its first reading under suspension of the rules and declaring an emergency.

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 9 AYE: 9 AYE: 9

NAY: 1(Madison) NAY: 1(Madison) NAY: 1 (Madison)

ABSENT: 1(Craig) ABSENT: 1(Craig) ABSENT: 1(Craig)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017 – 197

AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER FUNDS TO THE SPECIFIED ACCOUNTS.

Stewart moved, Madison seconded to pass this ordinance on its first reading under suspension of the rules.

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1(Craig) ABSENT: 1(Craig)

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017 – 198

AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO ADVANCE MONIES FROM THE GENERAL FUND TO ANOTHER FUND.

 

Stewart moved, Baird seconded to pass this ordinance on its first reading under suspension of the rules.

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1(Craig) ABSENT: 1(Craig)

MOTION CARRIED MOTION CARRIED

 

 

 

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Finance:

V. Stewart III

M. Lotko III

L. Tanner

J. Baird

ORDINANCE NO. 2017 – 199

AN ORDINANCE AMENDING ORDINANCE NO. 2017-30, KNOWN AS THE “2017 PERMANENT APPROPRIATIONS ORDINANCE,” TO RE-APPROPRIATE THE VARIOUS ACCOUNTS TO REFLECT ESTIMATED FINAL EXPENDITURES FOR 2017.

Stewart moved, Baird seconded to pass this ordinance on its first reading under suspension of the rules.

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1(Craig) ABSENT: 1(Craig)

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017 – 200

AN ORDINANCE TO FIX TEMPORARY APPROPRIATIONS FOR THE FIRST THREE (3) MONTHS OF THE YEAR 2018, AND OTHER EXPENSES OF THE CITY OF ELYRIA.

Stewart moved, Madison seconded to pass this ordinance on its first reading under suspension of the rules.

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1 ABSENT: 1

MOTION CARRIED MOTION CARRIED

Sponsored by:

Utilities, Safety

& Environment

D Mitchell

B Davis

L Tanner

J Cerra

M Craig

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017 – 201

AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS, AND ENTER INTO A CONTRACT FOR THE WWPC PLANT UV DISINFECTION PROJECT, AND DECLARING AN EMERGENCY.

  1. ORDINANCES–FIRST READING: Continued

Mitchell moved, Stewart seconded to pass this ordinance on its first reading under suspension of the rules and declaring an emergency.

SUSPENSION: PASSAGE: EMERGENCY:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1(Craig) ABSENT: 1(Craig) ABSENT: 1(Craig)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Utilities, Safety

& Environment

D Mitchell

B Davis

L Tanner

J Cerra

M Craig

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017 – 202

AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS, AND ENTER INTO A CONTRACT FOR THE REPLACEMENT OF A COMPRESSOR AT THE NORTH RECREATIONAL PARK, AND DECLARING AN EMERGENCY.

Mitchell moved, Stewart seconded to pass this ordinance on its first reading under suspension of the rules and declaring an emergency.

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1(Craig) ABSENT: 1(Craig) ABSENT: 1(Craig)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Utilities, Safety

& Environment

D Mitchell

B Davis

L Tanner

J Cerra

M Craig

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017 – 203

AN ORDINANCE CREATING A NEW SECTION 959.145, ENTITLED RATES FOR COLLECTION OUTSIDE THE CITY LIMITS, CODIFIED ORDINANCES OF THE CITY OF ELYRIA, AND DECLARING AN EMERGENCY.

Mitchell moved, Stewart seconded to pass this ordinance on its first reading under suspension of the rules and declaring an emergency.

SUSPENSION: EMERGENCY: PASSAGE

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1(Craig) ABSENT: 1(Craig) ABSENT: 1(Craig)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

J. Baird

ORDINANCE NO. 2017 – 204

AN ORDINANCE AMENDING ORDINANCE NO. 2016-6, KNOWN AS THE SALARY ORDINANCE, TO REFLECT THE CORRECT WAGES OF THE POSITION OF THE CHIEF OF POLICE.

Stewart moved, Baird seconded to pass this ordinance on its first reading under suspension of the rules.

Mr. Madison asked what the process is for increasing department head salaries across the board? Mayor Brinda said that the intention is to complete the salary study because there are a number of positions that are not competitive in the City. Once that is completed that information will be brought back to council. Some suggestions have been to eliminate longevity and setting a salary range and cost of living increases.

Mr. Madison asked what happens if another department head comes forward asking for a range? Mayor Brinda answered that once those would be addressed after they have the results of the salary study. Mr. Tanner asked the Finance Director what the salary increase is equal to. Mr. Pileski said the differential between the chief and the captain’s pay is 14.5% but the actual increase the chief will be receiving is 9.3%. Mr. Jessie stated that the chief is concerned about the salary down the road so that the salary is competitive to attract the right candidate after he leaves. Mr. Madison explained that his concerns are related to the process. Mr. Madison agrees that the City wants to make sure there are competitive positions across the board. So, without a clear understanding of the process, it’s hard for him to vote in

the affirmative. He feels the chief is deserving of a raise, he does great work here in our City and we should do everything we can to keep him, but his concerns are how it relates to the process.

  1. ORDINANCES–FIRST READING: Continued

SUSPENSION: PASSAGE:

AYE: 9 AYE: 9

NAY: 1 (Madison) NAY: 1 (Madison)

ABSENT: 1 (Craig) ABSENT: 1(Craig)

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

L. Tanner

J. Baird

ORDINANCE NO. 2017 – 205

AN ORDINANCE REPEALING AND REPLACING SECTION 165.03 (G), POSITIONS, CLASSIFICATIONS AND COMPENSATION GENERALLY, CODIFIED ORDINANCES OF THE CITY OF ELYRIA.

Stewart moved, Baird seconded to pass this ordinance on its first reading under suspension of the rules.

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1(Craig) ABSENT: 1(Craig)

MOTION CARRIED MOTION CARRIED

  1. ORDINANCES–SECOND READING:
Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-

AN ORDINANCE AMENDING SECTION 1131.02, CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO, KNOW AS THE ZONING ORDINANCE TO REZONE REAL PROPERTY: PROPERTY OWNED BY THE CITY OF ELYRIA AND LOCATED AT 202 CHESTNUT STREET, ELYRIA, OHIO, FROM B-D BUSINESS DOWNTOWN DISTRICT TO R-MHH RESIDENTIAL MULTI-HOUSEHOLDS HIGH DENSITY.

President Lotko declared this ordinance to have had its second reading. Public Hearing scheduled for Tuesday, January 2, 2018 at 7:00 P.M. in Council Chambers.

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. ORDINANCES–THIRD READING:
Sponsored by:

Utilities, Safety

& Environment

D Mitchell

B Davis

L Tanner

J Cerra

Finance:

V. Stewart III

M. Lotko III

M. Madison

J. Baird

ORDINANCE NO. 2017 – 206

AN ORDINANCE AMENDING SECTION 959.14 TO ESTABLISH SECTIONS 959.14 (a) (3) and (c) (3), RATES FOR COLLECTION CODIFIED ORDINANCES OF THE CITY OF ELYRIA.

Mitchell moved, Stewart seconded to pass this ordinance on its third reading.

PASSAGE:

AYE: 10

NAY: 0

ABSENT: 1 (Craig)

MOTION CARRIED

  1. COMMITTEE CALLS:

COMMUNITY DEVELOPMENT 1/08/18 6:00 P.M. All Referred Items Council Chambers w/ Law Director, SSD, Engineer, Bldg. Insp.

FINANCE 1/08/18 6:45 P.M. All Referred Items Council Chambers with Mayor, Finance Director, Law Director, SSD, Engineer

UTILITIES, SAFETY & ENVIRONMENT 1/03/18 6:00 P.M. All Referred Items Council Chambers with SSD, Law Director, Engineer

STRATEGIC PLANNING 1/02/18 Immediately following Council All Referred Items Council Chambers W/ Mayor, Safety Service Director, Finance Director, Law Director

  1. MISCELLANEOUS AND UNFINISHED BUSINESS:

Mr. Stewart stated that he wanted to welcome Johnny K’s to Elyria and wishes them the best of luck. Mr. Stewart also wished everyone a Merry Christmas and Happy New Year. Mr. Tanner wished the best of luck to Johnny K’s also.

Mr. K thanked everyone and said that he is excited about being part our community.

Mr. Lotko’s Christmas present is that they are not going to have Strategic Planning.

 

 

 

 

 

  1. ADJOURNMENT:

Baird moved, Cerra seconded to adjourn the Council Meeting at 7:50 P.M.

MOTION CARRIED

 

 

Forrest L. Bullocks Michael J. Lotko, III

Clerk of Council President of Council