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Jan 16, 2018 Council Meeting Minutes

Minutes Approved January 16, 2018

Regular Council Meeting

Elyria City Council

  1. CALL TO ORDER

The regular meeting of Elyria City Council was called to order on Tuesday, January 16, 2018 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, Craig, Stewart, Jessie, Mitchell, Madison, Tanner, Lotko, Davis

ABSENT: Baird

Stewart moved, seconded by Cerra to approve the absence of Mr. Baird

MOTION CARRIED

OTHERS PRESENT: Mayor Brinda, Safety Service Director Siwierka, Assistant Finance Director Farrell, Law Director Serazin, Acting Engineer Schneider, 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 January 2, 2018 to be approved as printed.

MOTION CARRIED

  1. REMARKS AND REPORTS OF CITY OFFICIALS:

Mayor Brinda: Mayor Brinda started by thanking everyone who was involved in the Martin Luther King Jr. Celebration events.

Budget meetings are almost finished. They have gone well and the administration will be coming back with recommendations soon.

Safety Service Director Siwierka: Mrs. Siwierka said the street department has been busy with snow removal and salting. We’ve gone through a lot of salt and more has been ordered, Mr. Brubaker will give the details on that.

Councilman Stewart commended the departments for the good work they did taking care of the snow removal and salting over the weekend and Mrs. Siwierka to pass that along to the crews.

Mrs. Siwierka passed out a report from Mrs. Dillinger which is attached herewith, made a part thereof and designated as Exhibit “A”.

Assistant Finance Director Farrell: No Report

Law Director Serazin: No Report

ASSD Brubaker: Mr. Brubaker said they had received a delivery of 12,000 tons of salt, which arrived in time for the next round of snow and ice. Currently there is some left and we have an additional 400 ton

  1. REMARKS AND REPORTS OF CITY OFFICIALS: Continued

coming during the week. Mr. Pileski will generate another P.O. so that we can get another 15,000 tons. And won’t be able to much more until after the next Finance Committee meeting to request money to be transferred. It takes 12,000 – 15,000 tons of salt to get through a heavy storm.

We had 27 trucks out on Saturday. On Saturday at 4:00, the crews that were doing the main streets were finished, and the ‘B’ team came in to do the secondary streets and a second burst of snow came in at that time and the main crew continued the main streets and the secondary crews worked on the mains as well.

The secondary streets weren’t started until the main streets were completed. He reminded Council in case anyone received complaints, it is possible that crews could miss a street and if it does happen, crews will get back out there to take care of it. They do follow a process, so if there are complaints, residents need to know that the crews do follow the procedures.

Mr. Madison asked for an updated report on the demolition list and if there is still money available for that. Mr. Brubaker said that he will have a report of the 2017 Building Department Activities. Information on the demo program will be included in that.

Acting Engineer Schneider: No Report

WWPC Director Korzan: No Report

  1. PRESIDENT’S REFERRALS AND REMONSTRANCES:
  2. The matter of authorizing the Mayor to enter into an agreement for legal services (labor related matters) with Walter/Haverfield for the year 2018.

REFERRED BY: SSD Siwierka REFERRED TO: Finance

  1. The matter of a request of support for the Elyria City Schools Jobs Initiative regarding using local laborers and trades workers for construction projects of the new city schools and new sports complex.

REFERRED BY: Councilman Madison REFERRED TO: Finance

  1. The matter of a request of support for Public Education Week

REFERRED BY: Councilman Madison REFERRED TO: Finance

  1. PETITIONS–COUNCIL MEMBERS: None
  2. PETITIONS – LOBBY:
  3. Larry Klipstein, 959 Oakwood Dr., Elyria. Mr. Klipstein spoke on making 2018 a year for the city to work together to bring new businesses and families to our city. Traffic issues at Chestnut Ridge and Rt. 57 and other topics which is attached herewith, made a part thereof and designated as Exhibit “B”.
  4. Joann Girer, 2425 West River Rd., Apt. 401, Elyria. Ms. Girer spoke on the proposed residential treatment center to be located on Chestnut Street. She feels ‘group home’ and ‘treatment center’ go hand in hand when talking about a group of people that are trying to better themselves. She said that there
  5. PETITIONS – LOBBY: Continued

really aren’t many occupied homes surrounding the proposed center on Chestnut Street. She feels it shouldn’t be a problem to have that center there. Ms. Girer also has experience in the recovery program and she has friends associated with working in that area and they are will to help anyone that desires to have training when it comes to putting the people in place in the program.

  1. David Cooper, 564 Purdue Ave., Elyria. Mr. Cooper said that though we celebrate Dr. Martin Luther King’s Birthday each year, there are no streets named after him anywhere in our city. He feels that the city should look into renaming a street after him. We have streets names after politicians and sports heros but not of the man who won the Nobel Peace Prize. It’s time that we recognize this here in the City of Elyria and Lorain County. Since Elyria is the County Seat, it’s time we step up and set the example for the rest of the county.
  2. REPORTS OF STANDING AND SPECIAL COMMITTEES: None
  3. RESOLUTIONS–FIRST READING:
Sponsored by:

Utilities

D. Mitchell

J. Cerra

M. Craig

B. Davis

L. Tanner

RESOLUTION NO. R 2018 – 1

A RESOLUTION SUPPORTING SENATE BILL 128 AND HOUSE BILL 178 WHICH PROMOTES OHIO’S CLEAN ENERGY FUTURE.

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

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1(Baird) ABSENT: 1(Baird)

MOTION CARRIED MOTION CARRIED

  1. RESOLUTIONS–SECOND READING: None
  2. RESOLUTIONS–THIRD READING: None

 

 

 

 

 

 

 

  1. ORDINANCES–FIRST READING:
Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2018 –

AN ORDINANCE PURSUANT TO CHAPTER 913, CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO, GRANTING THE PETITION OF NEW SUNRISE PROPERTIES INC., AND PIRHL DEVELOPERS, LLC, TO VACATE A PORTION OF GRANDSTAND LANE COMMENCING AT THE INTERSECTION OF GRANDSTAND LANE AND SOMMER WAY, ELYRIA, OHIO 44035.

President Lotko declared this ordinance to have had its first reading. Public Hearing scheduled for Tuesday, February 20, 2018 at 7:00 P.M.

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2018 –

AN ORDINANCE PURSUANT TO CHAPTER 1135. CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO, GRANTING A CONDITIONAL USE PERMIT TO MIDWAY WEST LIMITED PARTNERSHIP, NEW SUNRISE PROPERTIES, INC., AND PIRHL DEVELOPERS, LLC FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT AT 500 3RD STREET AND SOMMER WAY, ELYRIA, OHIO.

 

President Lotko declared this ordinance to have had its first reading. Public Hearing scheduled for Tuesday, February 20, 2018 at 7:00 P.M.

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

ORDINANCE NO. 2018 –

AN ORDINANCE PURSUANT TO CHAPTER 1135, CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO GRANTING A CONDITIONAL USE PERMIT TO ELYRIA HOME REALTY, LLC, AN OHIO LIMITED LIABILITY COMPANY, FOR CONSTRUCTION AND USE OF A CLASS I TYPE A GROUP HOME ON REAL PROPERTY LOCATED AT 1251 EAST AVE. ELYRIA, OHIO 44035.

President Lotko declared this ordinance to have had its first reading. Public Hearing scheduled for Tuesday, February 20, 2018 at 7:00 P.M.

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

ORDINANCE NO. 2018 –

AN ORDINANCE AMENDING SECTION 1131.02, CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO, KNOWN AS THE ZONING ORDINANCE, TO REZONE THE FOLLOWING REAL PROPERTY: REAL PROPERTY OWNED BY ELYRIA HOME REALTY, LLC, AN OHIO LIMITED LIABILITY COMPANY, AND LOCATED AT 1251 EAST AVENUE, IN THE CITY OF ELYRIA, LORAIN COUNTY, OHIO, FROM A R-TH RESIDENTIAL-TWO HOUSEHOLD DISTRICT TO A R-MHL RESIDENTIAL-MULTI-HOUSEHOLD LOW DENSITY DISTRICT.

 

  1. ORDINANCES–FIRST READING: Continued

President Lotko declared this ordinance to have had its first reading. Public Hearing scheduled for Tuesday, February 20, 2018 at 7:00 P.M.

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

ORDINANCE NO. 2018 – 2

AN ORDINANCE PURSUANT TO OHIO REVISED CODE SECTION 709.023 © INDICATING WHAT SERVICES THE CITY OF ELYRIA WILL PROVIDE UPON ANNEXATION TO TERRITORY OWNED BY RT.57 CHESTNUT RIDGE, LLC.

 

 

Callahan moved, Mitchell 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 (Baird) ABSENT: 1 (Baird)

MOTION CARRIED MOTION CARRIED

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

ORDINANCE NO. 2018 – 3

AN ORDINANCE PURSUANT TO OHIO REVISED CODE SECTION 709.023 (E) PROVIDING THAT ELYRIA WILL MAINTAIN ANY SEGMENTED ROAD CAUSED BY THE ANNEXATION TO THE CITY OF ELYRIA TERRITORY OWNED BY RT. 57 CHESTNUT RIDGE, LLC.

 

Callahan moved, Mitchell 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(Baird) ABSENT: 1 (Baird)

MOTION CARRIED MOTION CARRIED

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

ORDINANCE NO. 2018 – 4

AN ORDINANCE PURSUANT TO OHIO REVISED CODE SECTION 709.023(c) REQUIRING A BUFFER BETWEEN THE TERRITORY PROPOSED FOR ANNEXATION AND SURROUNDING TOWNSHIP LAND IF ELYRIA DETERMINES THAT THE USE DISTRICTS IN THE TOWNSHIP ARE INCOMPATIBLE WITH THOSE IN THE CITY OF ELYRIA.

 

 

 

  1. ORDINANCES–FIRST READING: Continued

Callahan moved, Mitchell 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(Baird) ABSENT: 1(Baird)

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2018 – 5

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CHANGE ORDER NO. 1 AND FINAL WITH BARBICAS CONSTRUCTION FOR THE RESURFACING OF GULF ROAD.

 

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 (Baird) ABSENT: 1 (Baird)

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2018 – 6

AN ORDINANCE AMENDING ORDINANCE NO. 2017-200 KNOWN AS THE “2018 TEMPORARY APPROPRIATIONS ORDINANCE.”

 

 

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

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1(Baird) ABSENT: 1 (Baird)

MOTION CARRIED MOTION CARRIED

 

 

 

 

 

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Utilities, Safety

& Environment

D Mitchell

B Davis

J Cerra

M Craig

L. Tanner

ORDINANCE NO. 2018 – 7

AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS, ACCORDING TO LAW, AND ENTER INTO A CONTRACT FOR CHEMICALS FOR THE WATER PUMPING PLANT FOR THE YEARS 2018 AND 2019, AND DECLARING AN EMERGENCY.

Mitchell moved, Davis 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(Baird) ABSENT: 1(Baird) ABSENT: 1(Baird)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Utilities, Safety

& Environment

D Mitchell

B Davis

L Tanner

J Cerra

M Craig

ORDINANCE NO. 2018 – 8

AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS, ACCORDING TO LAW, AND ENTER INTO A CONTRACT FOR CHEMICALS FOR THE WWPC PLANT FOR THE YEARS 2018 AND 2019, AND DECLARING AN EMERGENCY.

 

 

Mitchell moved, Davis 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(Baird) ABSENT: 1(Baird) ABSENT: 1(Baird)

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

ORDINANCE NO. 2018 – 9

AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE WET WEATHER PROGRAM/EAST SIDE RELIEF SEWER PROJECT – PHASE 1 B SOUTH, AND DECLARING AN EMERGENCY.

 

 

 

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

SUSPENSION: EMERGENCY: PASSAGE

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1(Baird) ABSENT: 1(Baird) ABSENT: 1(Baird)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Utilities, Safety

& Environment

D Mitchell

B Davis

L Tanner

J Cerra

ORDINANCE NO. 2018 – 10

AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE OLD PUMP STATION ASBESTOS REMOVAL PROJECT, AND DECLARING AN EMERGENCY.

 

 

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

SUSPENSION: EMERGENCY: PASSAGE

AYE: 9 AYE: 9 AYE: 9

NAY: 1 (Craig) NAY: 1 (Craig) NAY: 1 (Craig)

ABSENT: 1 (Baird) ABSENT: 1 (Baird) ABSENT: 1 (Baird)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Utilities, Safety

& Environment

D Mitchell

B Davis

L Tanner

J Cerra

M Craig

ORDINANCE NO. 2018 – 11

AN ORDINANCE AUTHORIZING THE APPROVAL OF A MODIFICATION TO THE CITY OF ELYRIA’S WASTEWATER FACILITY PLANNING AREA, AND DECLARING AN EMERGENCY.

 

 

  1. ORDINANCES–FIRST READING: Continued

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

SUSPENSION: EMERGENCY: PASSAGE

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1 (Baird) ABSENT: 1 (Baird) ABSENT: 1 (Baird)

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. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2018 – 12

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COOPERATION AGREEMENT WITH LORAIN COUNTY TO SHARE THE COST OF RESURFACING WEST RIVER ROAD SOUTH.

 

 

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

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1(Baird) ABSENT: 1 (Baird)

MOTION CARRIED MOTION CARRIED

  1. ORDINANCES–SECOND READING: None
  2. ORDINANCES–THIRD READING: None
  3. COMMITTEE CALLS:

FINANCE 1/29/18 6:00 P.M. All Referred Items Council Chambers with Mayor, Finance Director, Law Director, SSD, Engineer

STRATEGIC PLANNING 2/05/18 Immediately following Council All Referred Items Council Chambers W/ Mayor, Safety Service Director, Finance Director, Law Director

 

 

 

 

  1. MISCELLANEOUS AND UNFINISHED BUSINESS:

Mr. Stewart made a motion to reconsider the matter of accepting the amounts and rates as determined by the Budget Commission and authorizing necessary tax levies and certifying them to the Lorain County Auditor, seconded by Madison.

PASSAGE:

AYE: 10

NAY: 0

ABSENT 1 (Baird)

MOTION CARRIED

Sponsored by:

Elyria Council

D. Mitchell

J. Cerra

M. Craig

B. Davis

L. Tanner

M. Lotko, III

V. Stewart, III

T. Callahan

M. Craig

M. Madison

RESOLUTION NO. R 2018 – 2

A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.

 

 

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

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1(Baird) ABSENT: 1 (Baird)

MOTION CARRIED MOTION CARRIED

Mr. Madison thanked those who have spoken at this evenings meeting. Also, he wanted to thank Invest Elyria and The Elyria Hookers Sewing Club who have done things for our community.

He wanted to also use this opportunity to invite everyone to come to the ‘State of South Elyria’ on Tuesday, January 23rd at 6:00 P.M. at Wesleyan Village.

Mr. Madison also wanted to make a referral regarding solid waste and recycling. It’s for the Ohio EPA annual litter management grant and applications are due February 2nd. He said that he will send the information over for review and if the administration thinks it might be helpful we could apply for it. There are matching grants responsible. It will help the City target some of those areas to increase recycling.

  1. ADJOURNMENT:

Stewart moved, Cerra seconded to adjourn the Council Meeting at 7:45 P.M.

MOTION CARRIED

 

 

Forrest L. Bullocks Michael J. Lotko, III

Clerk of Council President of Council