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Oct 16, 2017 Council Meeting Minutes

Minutes Approved October 16, 2017

Regular Council Meeting

Elyria City Council

  1. CALL TO ORDER

The regular meeting of Elyria City Council was called to order on October 16, 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 President Lotko and Clare.

  1. ROLL CALL: COUNCIL MEMBERS

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

ABSENT: Baird

Stewart moved, Mitchell seconded to excuse the absent of Mr. Baird for the October 16, 2017 Council Meeting.

MOTION CARRIED

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

Law Director Serazin, Assistant Engineer Schneider, Police Chief Whitely, Council Clerk Bullocks

OTHERS ABSENT: None

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

Tanner moved, Cerra seconded that the Regular Meeting Minutes of October 2, 2017 to be approved as printed.

MOTION CARRIED

  1. REMARKS AND REPORTS OF CITY OFFICIALS:

Mayor Brinda: Reported that her office is working with 14 partners in the community to respond to the Mayor’s Bloomberg Challenge which is an opportunity to come together as a community to try to resolve one of our most challenging problems. They have chosen to select lowering the poverty rate and decreasing the job shortages in some of the industry sectors in the city and a Grant will be submitted to the Bloomberg Foundation that could qualify the City for up to 5 million dollars. It is incremental funding; 35 cities will be selected for $100,000, 5 will be selected for a million and one will be selected for 5 million. We are hoping for something in the middle. The positive impact has been that the partners want to continue regardless of the decision. She said that she will be have a presentation to present to Council in early November. The presentation will explain what the group is doing, they are calling themselves ‘Elyria Works Now’. It will be accompanied by a major marketing campaign. Regardless of the outcome of the funding The City will move forward.

 

 

 

 

  1. REMARKS AND REPORTS OF CITY OFFICIALS: Continued

Safety Service Director Siwierka: Leaf collection started on October 16th. The program to help senior citizens with their leaf removal has began, so far about 60 residents are on the list and there is availability for 100. The students who have volunteered to do the raking will begin to rake in mid to late November, which is near the end of the raking season. Shred day is Saturday will take place in the City Hall parking lot on Saturday, October 21st. The Lorain County Solid Waste has combined their shred day with the City’s shred day. There will be 2 trucks in our parking lot from 9:00 A.M. – 2:00 P.M.

Many of you are familiar with the dead-end at Calann and Prospect, where Calann is cut in half between the Township and the City which was blocked when that subdivision went in. Mrs. Siwierka said she spoke to Scott Payne about that barrier and see if he could make it look a little bit better. He mounded the dirt and planted some shrubs and it looks so much better. The required sign that states that the road is ending is still there. The City did reach out to the Township to ask if they wanted to participate and they declined.

Finance Director Pileski: Mr. Pileski has asked Council that they refer to the Finance Committee of Council the matter of the City opposing House Bill 49.

Law Director Serazin: No Report

Engineer Schneider: No Report

Police Chief Whitely: There was an incident that took several hours and Chief Whitely was not able to prepare a report. He stated that he would answer questions if anyone had any.

Mr. Madison stated that he had heard a lot of positive news about the ‘coffee with a cop’ program and asked what dates that takes place. Chief Whitely said that it is the 3rd Tuesday of each month at 9:00 A.M. at the downtown McDonald’s Restaurant. There has been great attendance since the program started.

  1. PRESIDENT’S REFERRALS AND REMONSTRANCES:
  2. The matter of authorizing approval and support of a Medical Cannabis Dispensary to be located in Elyria.

REFERRED BY: Tiffany Bowden

REFERRED TO: Community Development Committee

  1. The matter of a rezoning request for property located at 312 Gulf Rd., known as Ely Elementary School, from R-MD District to B-G, Business General District. With Planning Commission

REFERRED BY: Elyria City School District Board of Education

REFERRED TO: Planning Commission and Community Development Committee

  1. The matter of a rezoning request for property located at 1005 Rosealee Ave., formerly known as Spring Valley Elementary School, from R-MD District to B-G, Business General District.

With Planning Commission

REFERRED BY: Elyria City School District Board of Education

REFERRED TO: Planning Commission and Community Development Committee

  1. PRESIDENT’S REFERRALS AND REMONSTRANCES: Continued
  2. The matter of removing a grass cutting lien from the property at 947 Oakwood St., that was inadvertently placed on the tax duplicate.

REFERRED BY: Assistant Director Brubaker

REFERRED TO: Finance Committee

  1. The matter of a request to certify a list of lot mowing charges to the Lorain County Auditor’s Office

REFERRED BY: Safety Service Secretary, Ginny Hawes

REFERRED TO: Finance Committee

  1. The matter of the collection of the cost of emergency tree removal at 334 Princeton Ave., to be certified to the Lorain County Auditor’s Office.

REFERRED BY: Assistant Director Brubaker

REFERRED TO: Finance Committee

  1. The matter of applying for and accept if offered, Grant Funds up to five million dollars.

REFERRED BY: Mayor Brinda

REFERRED TO: Finance Committee

  1. The matter of a proposed Economic Development Project Services as follow-up to the existing studies relative to the downtown and Midway areas.

REFERRED BY: Mayor Brinda

REFERRED TO: Strategic Planning Committee

  1. The matter of the annual $800,000 of Issue 6 monies that was advertised to be used for “Basic City Services”.

REFERRED BY: Mark Jessie

REFERRED TO: Strategic Planning Committee

  1. PETITIONS–COUNCIL MEMBERS: None
  2. PETITIONS–LOBBY: None
  3. REPORTS OF STANDING AND SPECIAL COMMITTEES: None
  4. RESOLUTIONS–FIRST READING:
Sponsored by:

Finance:

V. Stewart, III

L. Tanner

M. Madison

J. Baird

RESOLUTION NO. R2017 – 17

A RESOLUTION APPROVING A LIST SUBMITTED BY THE SAFETY SERVICE DIRECTOR FOR THE COLLECTION OF LOT MOWING CHARGES, DIRECTING THE CLERK OF COUNCIL TO CERTIFY SAID LIST TO THE LORAIN COUNTY AUDITOR AND DECLARING AN EMERGENCY.

 

 

 

  1. RESOLUTIONS–FIRST READING: Continued

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

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

L. Tanner

M. Madison

J. Baird

RESOLUTION NO. R2017 – 18

A RESOLUTION APPROVING A REPORT SUBMITTED BY THE ELYRIA FORESTRY DEPARTMENT FOR THE COLLECTION OF THE COST OF EMERGENCY TREE REMOVAL, DIRECTING THE CLERK OF COUNCIL TO CERTIFY THE PERMANENT PARCEL NUMBER TO THE LORAIN COUNTY AUDITOR, AND DECLARING AN EMERGENCY.

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

MOTION CARRIED MOTION CARRIED MOTION CARRIED

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. ORDINANCES–FIRST READING:
Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-147

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH BRIAN K. BALSER CO., LPA, TO REPRESENT THE CITY OF ELYRIA REGARDING A LAWSUIT AGAINST PHARMACEUTICAL COMPANIES AND SUPPLIERS OF OPIOIDS.

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. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-147

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

 

Baird 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

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

 

 

 

 

 

 

  1. COMMITTEE CALLS:

COMMUNITY DEVELOPMENT 10/30/17 6:00 P.M. (Joint with Finance) All Referred Items Council Chambers w/Law Director, SSD, Engineer, Bldg. Insp.

FINANCE 10/30/17 Following joint CD/Finance All Referred Items Council Chambers w/Mayor, Auditor, Law Director, SSD, Engineer

STRATEGIC PLANNING 11/6/17 Immediately following Council All Referred Items Council Chambers W/ Mayor, Safety Service Director, Auditor, Solicitor, Engineer

  1. MISCELLANEOUS AND UNFINISHED BUSINESS:

Mr. Stewart made a motion without the benefit of a Committee Report accepting the amounts and rates as determined by the Budget Commission authorizing a necessary Tax Levies and Certifying them to the

Lorain County Auditor’s Office.

Moved by Stewart, seconded by Mitchell to authorize the approval 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’s Office.

MOTION CARRIED

Mr. Pileski apologized for the way this matter has been presented. Mr. Pileski stated that it was an error that the matter was not presented to the Finance Committee at the last meeting. The matter had to be brought to Council this evening because it is due at the Lorain County Auditor’s Office by November 1st.

This is something that is done every year. The City accepts the rates as determined by the Lorain County Budget Commission which sets the inside millage for the City. There is no change, we are still at 4.2 mills and upon Council’s execution of the Resolution he will submit it to the Lorain County Budget Commission.

Sponsored by:

Finance:

V. Stewart, III

L. Tanner

M. Madison

J. Baird

RESOLUTION NO. R2017 – 19

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

Stewart moved, Mitchell seconded to accept a Resolution to accept the amounts and rates as determined by the Budget Commission authorizing a necessary Tax Levies and Certifying them to the Lorain County Auditor.

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. MISCELLANEOUS AND UNFINISHED BUSINESS: Continued

Mr. Callahan said that Council has received a letter from Judge Bennett in regards to inviting them to speak to Council. President Lotko said that he just got back into town and just saw the letter and hasn’t even had a chance to react on it. He said that he will reach out to Council as to what they will decide to do about this matter.

Mayor Brinda said that Council will have to determine whether or not they want the collective membership of Council to be involved in the conversation or not because all of Council won’t be able to go to his office.

Mr. Madison thanked the administration as well as Elyria City Schools for the support of the Community Block Party which was well attended by neighbors and different community organizations.

The next meeting for the Neighborhood that was launched in October will hold it’s next meeting on November 14th. They have outgrown their previous meeting place and the location for the November will be shared at a later date.

This past week there were some bike groups that come through Elyria. Mr. Madison wanted to thank Councilman Mark Jessie for his participation. Different Community Leaders were also involved. There were 2 things that stood out from that bike ride through the City; 1.) Does the City have an operations plan to maintain the bike lanes? 2.) They noticed that there are not a lot of bike racks throughout the bike routes. Mr. Schneider said that there are plans to install additional bike racks throughout the city, locations have yet to be determined. In regards to the maintenance of the bike paths, there is no dedicated fund for that kind of project. There is some limited funding out there that the City can look into applying for that kind of project. Lastly, Mr. Madison had a street to add to his list of streets that has already been submitted for street resurfacing program, he wants to add 10th, (Riverside to West Avenue).

Mr. Jessie said that some of the folks involved in that bike ride around the city were from Columbus and Mansfield. They were hired by ODOT. ODOT is really stepping up to really increase awareness and availability for bicyclists. They had promotional material from the city of Miamisburg which included a map of their downtown area, listed all the businesses and highlighted the businesses that were considered ‘bike friendly’. Which means they will let bicyclists use the restrooms, refill water bottles, there was 4 criteria that made a business ‘bike friendly’. Elyria has this incredible trail system and when it’s completed through Cascade Park, we’ll have an uninterrupted 70 miles. As we hopefully get more businesses and people see a restaurant that is ‘bike friendly’, that could be another kind of draw for the City.

Mr. Tanner brought up the issue of using the Elyria Auxiliary Police to help get the City cleaned up. They would probably enjoy in being included on helping. They could write citations on the abusers to get everything cleaned up. Mr. Tanner says that he will leave copies of the Front Yard Parking and Garbage Ordinances that he leaves at offenders homes. Most people would not continue with the offense if they know the laws of our City. And if they continue with the offense, they should be fined.

Mrs. Mitchell reminded Council to get their street list in.

Mr. Craig said that Mr. Martinez wanted to say something on the topic of the bikes. Mr. Martinez of the Elyria Bicycle Committee said the committee just finished up there monthly meeting and had discussed the placement of bike racks. There have been 20 bike racks ordered and delivered to the City to be placed at different areas throughout the city; Pioneer Park, 8 for Elyria Arts Center, Elyria Bicycle Education Center on Middle Ave, YWCA on 3rd Street, The Foundry Restaurant, Northwest Bank, Oven 51 Pizza, Chemical Bank, Cascade Café, County Administrative Building, The Court House, Probation Center and the Library. They’ve also discussed a plan for keeping the paths clean. Comments are attached herewith, made a part thereof and designated as Exhibit “A”.

  1. MISCELLANEOUS AND UNFINISHED BUSINESS: Continued

Mayor Brinda added that Mr. Martinez is correct, the City has ordered bike racks. They will be incorporated downtown beginning with Pioneer Plaza. We also have more bike racks coming as part of the TLCI Project with those grant funds. They are trying to make downtown as bicycle friendly as possible. The fact that Elyria is home to the modern day bicycle seat, gives Elyria a theme.

Mr. Madison asked if Council can get the meeting minutes or notes from the Bicycle Committee that Mr. Martinez is on. It’s good that Mr. Martinez dropped in at the Council Meeting and passing along good information. Mrs. Siwierka said that Mr. Stewart has given Council an update once and she is sure that Council would be happy to give another update. Mrs. McKillips from the Engineer’s Department along with someone from Parks & Rec attend those meetings. Mrs. Siwierka is pretty sure they can get some information from those meetings. Mrs. Siwierka wanted to clarify that those bike racks have been ordered and will be part of the downtown improvement, but just haven’t been installed yet. Engineer Ujvari has been working very closely with the committee.

  1. ADJOURNMENT:

Stewart moved, Tanner seconded to adjourn the Regular Council Meeting at 7:31 P.M.

MOTION CARRIED

 

STRATEGIC PLANNING MEETING:

Cerra moved, Mitchell seconded to into Executive Session to discuss possible confidential marketing plans and business expenditures of public funds in connection with an economic development project and it is necessary to protect the interests of the applicant.

Roll Call Vote:

PASSAGE:

AYE: 10

NAY: 0

ABSENT: 1 (Baird)

MOTION CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mr. Lotko called the Executive Meeting to order at 7:38 P.M.

Stewart moved, Cerra seconded to come out of Executive Session of the Strategic Planning Meeting at 8:05 P.M.

Roll Call Vote:

PASSAGE:

AYE: 10

NAY: 0

ABSENT: 1 (Baird)

MOTION CARRIED

Mr. Lotko stated that there is no further business.

Craig made a motion to adjourn the Regular Council Meeting, seconded by Mitchell at 8:08 P.M.

MOTION CARRIED

 

 

 

Forrest L. Bullocks Michael J. Lotko, III

Clerk of Council President of Council