EVENT: Thu. Nov. 30, 2017 - Thu. Nov. 30, 2017
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Nov 6, 2017 Council Meeting Minutes

Minutes Approved November 6, 2017

Regular Council Meeting

Elyria City Council

  1. CALL TO ORDER

The regular meeting of Elyria City Council was called to order on November 6, 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 by Cub Scout Pack 133.

  1. ROLL CALL: COUNCIL MEMBERS

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

ABSENT: Mitchell

Tanner moved, Stewart seconded to excuse the absent of Mrs. Mitchell for the November 6, 2017 Council Meeting.

MOTION CARRIED

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

Law Director Serazin, Engineer Ujvari, Police Chief Whitely, Fire Chief Benton, Parks & Rec Dir. Bowman, Asst. Engineer Schneider, Council Clerk Bullocks

OTHERS ABSENT: None

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

Stewart moved, Baird seconded that the Regular Meeting Minutes of October 16, 2017 to be approved as printed.

MOTION CARRIED

  1. REMARKS AND REPORTS OF CITY OFFICIALS:

Mayor Brinda: Mayor Brinda introduced Carrie Reardon, the new Parks & Rec Director. Ms. Reardon introduced herself and gave a brief bio.

Mayor Brinda gave her time to representatives from Carnegie Management and Development Corp., Makovich & Pusti Architects, Inc. and Great Lakes Economic Development Partners. They presented a power point, copy attached herewith and designated as Exhibit “A”.

Safety Service Director Siwierka: Mrs. Siwierka stated that CSX plans on track maintenance which will require closing railroad crossings for a few days at a time.

Finance Director Pileski: Mr. Pileski has asked Council refer to the Finance Committee of Council the matter of reimbursing the General Fund from the Water Fund.

 

  1. REMARKS AND REPORTS OF CITY OFFICIALS: Continued

Law Director Serazin: Mr. Serazin stated the agenda items four (4) through (9) deal with medical marijuana issues and he would be happy to answer any questions.

Engineer Ujvari: Mr. Ujvari’s report is attached herewith, made a part thereof and designated as Exhibit “B”.

Police Chief Whitely: No Report

Fire Chief Benton: Chief Benton’s report is attached herewith, made a part thereof and designated as Exhibit “C”.

ASSD Brubaker: No Report

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

  1. PRESIDENT’S REFERRALS AND REMONSTRANCES:
  2. The matter of amending the ECO 1127.05 (A) to add up to 3 alternates to be placed on the Board of Zoning Appeals.

REFERRED BY: Assistant SS Director Brubaker

REFERRED TO: Community Development

  1. The matter of a Conditional Use Permit request for property located at 500 W. 3rd Street.

REFERRED BY: Pirhl

REFERRED TO: Planning Commission/Community Development

  1. The matter of creating Chapter 734, Entitled Medical Marijuana Licensing.

REFERRED BY: Asst. Law Dir. Breunig

REFERRED TO: Community Development

  1. The matter of authorizing the Safety Service Director to donate forfeited and unclaimed bicycles to Bike, Elyria.

REFERRED BY: Assistant SS Director Brubaker

REFERRED TO: Finance

  1. The matter of a request to reduce building permit fees for the Elyria City Schools construction projects.

REFERRED BY: Mayor Brinda

REFERRED TO: Finance

  1. The matter of a change order on Phase 1 of the Water Meter Replacement Program.

REFERRED BY: Assistant SS Director Brubaker

REFERRED TO: Finance

  1. The matter of issuing notes for various sanitary sewer projects.

REFERRED BY: Finance Director Pileski

REFERRED TO: Finance

  1. PRESIDENT’S REFERRALS AND REMONSTRANCES: Continued
  2. The matter of opposition to House Bill No. 49

REFERRED BY: Finance Director Pileski

REFERRED TO: Finance

  1. The matter of ODOT’s two (2) bridge painting projects.

REFERRED BY: Engineer Ujvari

REFERRED TO: Utilities

  1. The matter of changes to the current water rules, Section 939 of ECO.

REFERRED BY: SSD Siwierka

REFERRED TO: Utilities

  1. The matter of amending Ord. No. 2017-112.

REFERRED BY: SSD Siwierka

REFERRED TO: Utilities

  1. The matter of Change Order #2 and final for the reconstruction of Hampton Dr.

REFERRED BY: Engineer Ujvari

REFERRED TO: Utilities

  1. The matter of a request for several easements for the construction of the bike path in Cascade and Elywood Parks.

REFERRED BY: Engineer Ujvari

REFERRED TO: Utilities

  1. The matter of water and sanitary sewer rates adjustments.

REFERRED BY: Engineer Ujvari

REFERRED TO: Utilities/Finance

  1. The matter of creating an operations and maintenance plan to maintain the safety and user-friendly conditions in the City.

REFERRED BY: Councilman Madison

REFERRED TO: Utilities/Finance

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

 

 

 

 

 

 

 

  1. RESOLUTIONS–FIRST READING:
Sponsored by:

Finance:

V. Stewart, III

L. Tanner

M. Madison

J. Baird

RESOLUTION NO. R2017 – 20

A RESOLUTION OF OPPOSITION TO OHIO HOUSE BILL 49.

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 (Mitchell) ABSENT: 1 (Mitchell)

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

L. Tanner

M. Madison

J. Baird

RESOLUTION NO. R2017 – 21

A RESOLUTION DIRECTING THE CLERK OF ELYRIA CITY COUNCIL TO NOTIFY THE LORAIN COUNTY AUDITOR TO REMOVE LOT MOWING CHARGE FROM THE TAX DUPLICATE, AND DECLARING AN EMERGENCY.

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 (Mitchell) ABSENT: 1 (Mitchell)

MOTION CARRIED MOTION CARRIED

RESOLUTION NO. R2017 – 22

A RESOLUTION APPOINTING THREE (3) MEMBERS TO THE BOARD OF REVIEW – MUNICIPAL INCOME TAX, PURSUANT TO ELYRIA CODIFIED ORDINANCES SECTION 191.13, AND DECLARING AN EMERGENCY.

 

 

 

 

 

  1. RESOLUTIONS–FIRST READING: Continued

Stewart moved, Baird seconded to consider without benefit of referral or committee report.

MOTION CARRIED

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

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1 (Mitchell) ABSENT: 1 (Mitchell) ABSENT: 1 (Mitchell)

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. 2017-149

AN ORDINANCE CREATING CHAPTER 734, ENTITLED MEDICAL MARIJUANA LICENSING, CODIFIED ORDINANCES OF THE CITY OF ELYRIA.

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

SUSPENSION: PASSAGE:

AYE: 10 AYE: 9

NAY: 0 NAY: 1(Tanner)

ABSENT: 1 (Mitchell) ABSENT: 1 (Mitchell)

MOTION CARRIED MOTION CARRIED

 

 

 

 

 

 

 

 

  1. ORDINANCES–FIRST READING: Continued
Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-150

AN ORDINANCE CREATING SECTION 1125.61.1, ENTITLED MEDICAL MARIJUANA ENTITY, CODIFIED ORDINANCES OF THE CITY OF ELYRIA.

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

MOTION CARRIED MOTION CARRIED

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-151

AN ORDINANCE CREATING SECTION 1137.07, ENTITLED MEDICAL MARIJUANA FACILITIES, CODIFIED ORDINANCES OF THE CITY OF ELYRIA.

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

SUSPENSION: PASSAGE:

AYE: 10 AYE: 9

NAY: 0 NAY: 1(Tanner)

ABSENT: 1 (Mitchell) ABSENT: 1 (Mitchell)

MOTION CARRIED MOTION CARRIED

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-152

AN ORDINANCE CREATING SECTION 1160.04 (E), ENTITLED CONDITIONALLY PERMITTED USES, CODIFIED ORDINANCES OF THE CITY OF ELYRIA.

 

  1. ORDINANCES–FIRST READING: Continued

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

SUSPENSION: PASSAGE:

AYE: 10 AYE: 9

NAY: 0 NAY: 1(Tanner)

ABSENT: 1 (Mitchell) ABSENT: 1 (Mitchell)

MOTION CARRIED MOTION CARRIED

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-153

AN ORDINANCE CREATING SECTION 1164.04 (E), ENTITLED CONDITIONALLY PERMITTED USES, CODIFIED ORDINANCES OF THE CITY OF ELYRIA.

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

MOTION CARRIED MOTION CARRIED

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-154

AN ORDINANCE CREATING SECTION 1166.04 (E), ENTITLED CONDITIONALLY PERMITTED USES, CODIFIED ORDINANCES OF THE CITY OF ELYRIA.

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

MOTION CARRIED MOTION CARRIED

 

 

 

  1. ORDINANCES–FIRST READING: Continued
Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-155

AN ORDINANCE AUTHORIZING THE MAYOR TO APPLY TO BLOOMBERG PHILANTHROPIES, AND ACCEPT, IF OFFERED, A BLOOMBERG MAYOR’S CHALLENGE GRANT.

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 (Mitchell) ABSENT: 1 (Mitchell)

MOTION CARRIED MOTION CARRIED

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-156

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A LETTER OF ENGAGEMENT WITH WALTER/HAVERFIELD IN REGARDS TO JOINT REPRESENTATION OF THE CITY OF ELYRIA AND THE REGIONAL INCOME TAX AGENCY, TO COMMENCE LITIGATION ON BEHALF OF THE CITY OF ELYRIA CHALLENGING THE LEGALITY OF OHIO H.B. 49.

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 (Mitchell) ABSENT: 1 (Mitchell)

MOTION CARRIED MOTION CARRIED

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-157

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 CREATING GAP FINANCING LOAN FUND, 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.

Mr. Craig stated he was struggling to see how this is an emergency. They should give the ordinance three readings before voting on this. There is plenty of time to make sure they are certain it is a project that will move forward. Mr. Baird stated that he services on the CIC Board and he does understand Mr. Craig’s concern. But he said the project will be a good addition to the City. The CIC wants to be ready for everything to go and move forward. If it doesn’t work, then it could go for other situations. The sooner they move, the better. They want to make it smoother. Mr. Madison stated that he is concerned on the financial side. He asked what was the recovery plan in order to move forward if the project doesn’t go through. There was discussion between Mayor Brinda, Mr. Serazin, Mr. Craig, Mr. Madison and Mr. Baird.

SUSPENSION: PASSAGE: EMERGENCY

AYE: 8 AYE: 8 AYE: 8

NAY: 2 (Craig, Madison) NAY: 2 (Craig, Madison) NAY: 2 (Craig, Madison)

ABSENT: 1 (Mitchell) ABSENT: 1 (Mitchell) ABSENT: 1 (Mitchell)

MOTION CARRIED MOTION CARRIED MOTION FAILED

(No emergency)

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-158

AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO PAY AN UNENCUMBERED BILL FOR THE YEAR 2016 TO THE OHIO STATE HIGHWAY PATROL FOR LEADS.

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 (Mitchell) ABSENT: 1 (Mitchell)

MOTION CARRIED MOTION CARRIED

Finance:

V. Stewart III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-159

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

 

 

 

 

 

  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: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1 (Mitchell) ABSENT: 1 (Mitchell)

MOTION CARRIED MOTION CARRIED

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

COMMUNITY DEVELOPMENT 11/13/17 6:00 P.M. All Referred Items Council Chambers w/Law Director, SSD, Engineer, Bldg. Insp.

FINANCE 11/13/17 6:10 P.M. All Referred Items Council Chambers w/Mayor, Auditor, Law Director, SSD, Engineer

STRATEGIC PLANNING 11/20/17 Immediately following Council All Referred Items Council Chambers W/ Mayor, Safety Service Director, Auditor, Solicitor, Engineer

  1. MISCELLANEOUS AND UNFINISHED BUSINESS:

President Lotko stated that there will be a Special Council meeting on November 13, 2017 at 7:00 P.M. for sanitation rates.

Mr. Stewart wished every good luck tomorrow.

  1. ADJOURNMENT:

Baird moved, Stewart seconded to adjourn the Council Meeting at 8:25 P.M.

MOTION CARRIED

Forrest L. Bullocks Michael J. Lotko, III

Clerk of Council President of Council