EVENT: Thu. Jan. 4, 2018 - Thu. Jan. 4, 2018
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Dec 4, 2017 Council Meeting Minutes

December 4, 2017

Regular Council Meeting

Elyria City Council

  1. CALL TO ORDER

The regular meeting of Elyria City Council was called to order on December 4, 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, Craig, Madison, Tanner, Lotko, Davis

ABSENT: Mitchell

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

OTHERS ABSENT: None

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

Tanner moved, Stewart seconded that the Regular Meeting Minutes of November 20, 2017 to be approved as printed.

MOTION CARRIED

  1. REMARKS AND REPORTS OF CITY OFFICIALS:

Mayor Brinda: Mayor Brinda thanked everyone who came for the Festival of Lights. Parks and Rec did a fantastic job.

Safety Service Director Siwierka: Mrs. Siwierka stated that they have had several serious house fires; she reminded everyone how important smoke detectors are. They are still doing leaves but will change to snow plows when the the bad weather hits. Brown bags are available for pickup on trash days.

Finance Director Pileski: No Report

Law Director Serazin: No Report

Acting Engineer Schneider: Mr. report is attached herewith, made a part thereof and designated as Exhibit “A”.

Police Chief Whitely: Chief Whitely’s report is attached herewith, made a part thereof and designated as Exhibit “B”

ASSD Brubaker: No Report

Mr. Korzan: Mr. Korzan reported that they had two employees retire recently.

  1. PRESIDENT’S REFERRALS AND REMONSTRANCES:
  2. The matter of a liquor license transfer from Shree Gaytri Krupa, Inc. DBA Outlet Store, 7425 York, Parma Oh to J & K Group LLC DBA Outlet Store, 1412 West Avenue, Elyria Oh.

REFERRED BY: Ohio Division of Liquor Control

REFERRED TO: Community Development

  1. The matter of the vacation of a portion of Grandstand Lane.

REFERRED BY: PIRHL Developers

REFERRED TO: Planning Commission/Community Development

  1. The matter of the final amendments to the 2017 Permanent Appropriation.

REFERRED BY: Finance Director Pileski

REFERRED TO: Finance

  1. The matter of transferring monies.

REFERRED BY: Finance Director Pileski

REFERRED TO: Finance

  1. The matter of the 2018 Temporary Appropriations.

REFERRED BY: Finance Director Pileski

REFERRED TO: Finance

  1. The matter of the sale of city owned real property.

REFERRED BY: Mayor Brinda

REFERRED TO: Strategic Planning

  1. PETITIONS–COUNCIL MEMBERS: None
  2. PETITIONS-LOBBY:

Mr. Faltay of Wellington spoked against the rezoning of 202 Chestnut Street; he owns rental properties and he fears that the property values will drop and crime will increase.

Joann Grier spoke about the homeless and helping them. And about the transitional housing. Ms. Grier’s comments are attached herewith, made a part of and designated as Exhibit “C”

  1. REPORTS OF STANDING AND SPECIAL COMMITTEES: None
  2. RESOLUTIONS–FIRST READING:
Sponsored by:

Finance:

V. Stewart, III

L. Tanner

M. Madison

J. Baird

RESOLUTION NO. R2017 – 24

A RESOLUTION APPROVING THE COLLECTION OF DELINQUENT UTILITY COSTS AS SUBMITTED BY THE SAFETY SERVICE DIRECTOR FOR COLLECTION AND DIRECTING THE CLERK OF COUNCIL TO CERTIFY SAID COSTS TO THE LORAIN COUNTY AUDITOR, AND DECLARING AN EMERGENCY.

  1. RESOLUTIONS–FIRST READING: Continued

Stewart moved, Madison seconded to pass this resolution on its first reading under suspension of the rules and as an emergency.

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

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

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

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 First Reading and scheduled a Public Hearing

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-177

AN ORDINANCE AUTHORIZING THE MAYOR TO SOLICIT PROPOSALS FOR PROFESSIONAL SERVICES AND ENTER INTO AGREEMENT(S) TO HIRE A PRIMARY AND BACK-UP PLANS EXAMINER, AND DECLARING AN EMERGENCY.

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

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-178

AN ORDINANCE AMENDING ORDINANCE NO. 2017-30, KNOWN AS THE “2017 PERMANENT APPROPRIATIONS ORDINANCE,” TO CHANGE FUNDS IN VARIOUS ACCOUNTS.

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

SUSPENSION: PASSAGE:

AYE: 11 AYE: 11

NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-179

AN ORDINANCE AUTHORIZING THE CITY OF ELYRIA TO ACCEPT A DONATION OF REAL PROPERTY LOCATED AT 435 WEST AVENUE, FROM THE LORAIN COUNTY PORT AUTHORITY.

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

SUSPENSION: PASSAGE:

AYE: 11 AYE: 11

NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

 

 

 

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-180

AN ORDINANCE AUTHORIZING THE COMPLETION OF THE INSTALLATION OF THE NEW CITY PHONE SYSTEM FOR THE FIRE DEPARTMENT OFFICES, THE PARKS AND RECREATION OFFICES AND ALL OF ELYRIA CITY HALL OFFICES.

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

SUSPENSION: PASSAGE:

AYE: 11 AYE: 11

NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-181

AN ORDINANCE AUTHORIZING THE WAIVER OF THE REQUIREMENTS OF ELYRIA CITY CODIFIED ORDINANCES SECTION 109.13 FOR THE DEMOLITION AND/OR CONSTRUCTION OF ANY ELYRIA CITY PARK PROJECTS IN THE YEARS OF 2018 THROUGH 2020, AND DECLARING AN EMERGENCY.

 

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

SUSPENSION: PASSAGE: EMERGENCY:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-182

AN ORDINANCE AMENDING CHAPTER 109, CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO, ENTITLED GENERAL FEE SCHEDULE, TO PROVIDE FOR ADDITIONAL ITEMS ON WHICH FEES ARE TO BE CHARGED, TO AMEND EXISTING FEES AND TO CREATE NEW FEES, AND DECLARING AN EMERGENCY.

 

 

 

  1. ORDINANCES–FIRST READING: Continued

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

SUSPENSION: PASSAGE: EMERGENCY:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-183

AN ORDINANCE AMENDING ORDINANCE NO. 2016-6, KNOWN AS THE SALARY ORDINANCE, TO ADJUST THE PART-TIME/SEASONAL HOURLY WAGES PURSUANT TO THE OHIO MINIMUM WAGE INCREASE EFFECTIVE JANUARY 1, 2018, AND DECLARING AN EMERGENCY.

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

SUSPENSION: PASSAGE: EMERGENCY:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-184

AN ORDINANCE AUTHORIZING THE MAYOR TO APPLY FOR AND ACCEPT AND ENTER INTO A WATER POLLUTION CONTROL LOAN FUND AGREEMENT WITH THE OHIO EPA DIVISION OF ENVIRONMENTAL AND FINANCIAL ASSISTANCE (DEFA), FOR THE SSO/CSO/WWPCP WET WEATHER PROGRAM, AND DECLARING AN EMERGENCY.

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

SUSPENSION: PASSAGE: EMERGENCY:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

 

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-185

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BLACK AND VEATCH MANAGEMENT CONSULTING, LLC, FOR A COMPREHENSIVE UTILITY RATE STUDY FOR WATER AND SANITARY SEWER RATES, AND DECLARING AN EMERGENCY.

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

SUSPENSION: PASSAGE: EMERGENCY:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-186

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AMENDMENT NO. 1 TO THE WWPC PLANT CAPACITY MANAGEMENT, OPERATION AND MAINTENANCE PLAN (CMOM) WITH BURGESS AND NIPLE, INC., AND DECLARING AN EMERGENCY.

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

SUSPENSION: PASSAGE: EMERGENCY:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-187

AN ORDINANCE REPEALING AND REPLACING VARIOUS SECTIONS OF CHAPTER 192, EARNED INCOME TAX FOR MUNICIPAL TAX YEARS BEGINNING JANUARY 1, 2016, CODIFIED ORDINANCES OF THE CITY OF ELYRIA.

 

 

 

 

  1. ORDINANCES–FIRST READING: Continued

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

SUSPENSION: PASSAGE:

AYE: 11 AYE: 11

NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-188

AN ORDINANCE RATIFYING AND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BY AND BETWEEN THE CITY OF ELYRIA AND THE F.O.P., OHIO LABOR COUNCIL INC., SUPERVISORS UNIT, AND DECLARING AN EMERGENCY.

 

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

SUSPENSION: PASSAGE: EMERGENCY:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-189

AN ORDINANCE AMENDING ORDINANCE NO. 2016-6, KNOWN AS THE SALARY ORDINANCE TO INCREASE THE WAGES OF THE FRATERNAL ORDER OF POLICE – SUPERVISORS UNIT, PURSUANT TO THE COLLECTIVE BARGAINING AGREEMENT, AND TO INCREASE THE WAGES OF THE ADMINISTRATIVE CAPTAINS, AND DECLARING AN EMERGENCY.

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

SUSPENSION: PASSAGE: EMERGENCY:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED 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 959.14 TO ESTABLISH SECTIONS 959.14 (a) (3) and (c) (3), RATES FOR COLLECTION CODIFIED ORDINANCES OF THE CITY OF ELYRIA.

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

  1. ORDINANCES–THIRD READING:
Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-190

AN ORDINANCE AMENDING THE TITLE OF CHAPTER 937 TO CHANGE THE TITLE FROM SEWER CHARGES TO SANITARY SEWER CHARGES AND AMENDING SECTIONS 937.12 (a) AND (b), SCHEDULE OF RATES, CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO TO REFLECT THE CORRECT SANITARY SEWER RATES FOR 2018 AND 2019.

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

PASSAGE:

AYE: 11

NAY: 0

ABSENT: 0

MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-191

AN ORDINANCE REPEALING AND REPLACING SECTIONS 939.11 (j) (3) AND (4), (k) (3) and (4), RATES, CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO.

 

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

PASSAGE:

AYE: 11

NAY: 0

ABSENT: 0

MOTION CARRIED

 

 

 

 

  1. COMMITTEE CALLS:

COMMUNITY DEVELOPMENT 12/11/17 6:00 P.M.— 6:10 Joint with Finance All Referred Items Council Chambers w/Law Director, SSD, Engineer, Bldg. Insp.

FINANCE 12/11/17 6:10 P.M. Joint with CD Finance to follow All Referred Items Council Chambers w/Mayor, Auditor, Law Director, SSD, Engineer

STRATEGIC PLANNING 12/18/17 Immediately following Council All Referred Items Council Chambers W/ Mayor, Safety Service Director, Auditor, Solicitor, Engineer

  1. MISCELLANEOUS AND UNFINISHED BUSINESS:

President Lotko recessed the Regular Council meeting at 8:05 P.M.

President Lotko called the Strategic Planning meeting to order. Roll call vote to go into Executive Session:

ROLL VOTE

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

NAY: None

MOTION CARRIED

Council was called back to order at 8:25 P.M.

Sponsored by:

Strategic Planning:

T. Callahan

J. Cerra

D. Mitchell

J. Baird

M. Jessie

M. Craig

B. Davis

M. Madison

L. Tanner

M. Lotko, III

ORDINANCE NO. 2017-

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH LEVEL 3 PARTNERS, LLC, FOR THE SALE OF CITY OWNED REAL PROPERTY LOCATED ON THE CORNER OF WEST AVENUE AND ELM STREET, ELYRIA, OHIO.

President Lotko tabled this matter.

 

 

 

 

 

 

 

 

  1. MISCELLANEOUS AND UNFINISHED BUSINESS: Continued
Sponsored by:

Strategic Planning:

T. Callahan

J. Cerra

D. Mitchell

J. Baird

M. Jessie

M. Craig

B. Davis

M. Madison

L. Tanner

M. Lotko, III

ORDINANCE NO. 2017-192

AN ORDINANCE AUTHORIZING THE ELYRIA CITY FINANCE DIRECTOR TO EFFECT A LOAN FROM THE ELYRIA CITY DEMUTUALIZATION FUND TO THE ELYRIA COMMUNITY IMPROVEMENT CORPORATION FOR THE PURPOSE OF FUNDING CONTRACTORS FOR ENVIRONMENTAL REMEDIATION AND SITE RESTORATION IN THE CITY OF ELYRIA, AND DECLARING AN EMERGENCY.

Stewart moved, Baird seconded to pass this ordinance on its first reading under suspension of the rules and declaring an emergency. Stewart moved, Baird seconded to amend to add approve to form and substance. Motion Carried

SUSPENSION: PASSAGE: EMERGENCY:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Strategic Planning:

T. Callahan

J. Cerra

D. Mitchell

J. Baird

M. Jessie

M. Craig

B. Davis

M. Madison

L. Tanner

M. Lotko, III

ORDINANCE NO. 2017-193

AN ORDINANCE AUTHORIZING THE ELYRIA CITY FINANCE DIRECTOR TO EFFECT A DONATION FROM THE ELYRIA CITY DEMUTUALIZATION FUND TO THE ELYRIA COMMUNITY IMPROVEMENT CORPORATION FOR THE PURPOSE OF FUNDING CONTRACTORS FOR ENVIRONMENTAL REMEDIATION AND SITE RESTORATION IN THE CITY OF ELYRIA, AND DECLARING AN EMERGENCY.

Stewart moved, Baird seconded to pass this ordinance on its first reading under suspension of the rules and declaring an emergency. Stewart moved, Baird seconded to amend to add approve to form and substance. Motion Carried

SUSPENSION: PASSAGE: EMERGENCY:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

  1. ADJOURNMENT:

Baird moved, Callahan seconded to adjourn the Council Meeting at 8:26 P.M.

MOTION CARRIED

Forrest L. Bullocks Michael J. Lotko, III

Clerk of Council President of Council