City Council Minutes

6-25-19

INDEX FOR THE
DEFIANCE CITY COUNCIL MINUTES
JUNE 25, 2019
President McMaster determined the presence of a quorum.

President McMaster called for a Motion to excuse Rev. Plant moved by Mr. Lundberg, seconded by Mr. Hancock, Voice Vote, Motion Carried.

Council met in regular session in the Charles D. Beard Community Room of the Municipal Annex at 7:00 p.m. and opened with the Pledge of Allegiance.

President McMaster called for a motion to correct or amend the Index minutes of June 11, 2019, in hearing none, Index minutes are approved as written.

INTRODUCTION OF PERSONS/SPECIAL GUESTS APPEARING BEFORE COUNCIL: NONE

PUBLIC HEARING: Permanent Rezoning of the following area:
(1:45-3:06)
Mayor McCann presented the Public Hearing; 101 W. Rosewood Parcel B01-4167-F-001000; Sherwood Forest NE, Lot 1, Defiance Township, Defiance City, Defiance County, Ohio (including adjacent rights of way). Also described as the parcel located at the southwest corner of W. Rosewood Avenue and S. Jefferson Avenue. Rezoning request is for the entire lot. Existing zoning classification for said lot is R-3 “Medium to High Density Residence District”. Recommended rezoning by the City of Defiance Planning Commission is B-3 “Highway and General Business District”.

COMMITTEE MEETING OR REPORTS:
(3:37-5:34)
Street & Sidewalk meeting July 9

Mayor McCann noted Charlie Beard will be at Council on July 9, to present proposed Charter changes

COUNCIL COMMENTS:
(5:37-9:41)
Mrs. Krutsch noted DCCC Board thanks the City of Defiance for sponsoring the Music in the Parks
June 27 at Riverside will be the Rumors Band

Mr. Eureste noted the Boardwalk at the Reservoir is great, however; if you do walk your animals, please clean up after them

Mr. Waxler, public service announcement; please stop blowing grass on the streets

Mr. Engel asked of an update on junk car removal

Mr. Hancock will be absent next week

Mr. Lundberg noted the Art in the Park is this Sunday

PRESIDENT OF COUNCIL REPORT/CONCERNS:
(9:44-10:19)
Liquor Transfer 9805545

REPORTS OF ADMINISTRATIVE OFFICERS:

Mayor McCann reported as follows:
(10:20-14:18)
Update on the 1918 Building; need an Advisory Committee and to form a Committee, Council needs to make a motion

Mr. Waxler made a motion to form a 1918 Advisory Committee; seconded by Mrs. Krutsch, Voice Vote, all in favor

City Administrator Leonard reported as follows: NONE

City Law Director O’Donnell reported as follows:
(14:24-15:56)
Mr. Beard will report on 4 changes, July 9

Mr. O’Donnell called for Executive Session on Sale of Property ORC 121.22 (G)(2). Motion for an Executive Session was made by Mr. Engel and seconded by Mr. Hancock, Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Eureste – yes; Krutsch – yes; Waxler – yes; Plant – absent, Motion Carried.

Finance Director Lehner reported as follows: ABSENT

LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS:

THIRD READING: NONE

SECOND READING: NONE

FIRST READING:
(16:18-19:12)
AN ORDINANCE AMENDING ORDINANCE NO. 6606 BY EXPANDING THE GEOGRAPHIC SIZE OF THE AYERSVILLE AVENUE COMMUNITY REINVESTMENT AREA, CRA NO. 3

Amending the size of Ayersville Ave. CRA

Mr. Lundberg made a motion to Let lie; seconded by Mr. Waxler, Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – absent, the Motion was carried.

(19:19-23:53)
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH ENTERPRISE FLEET MANAGEMENT FOR VEHICLE REPLACEMENTS

Lease Agreement with Enterprise Fleet Management

Mr. Hancock made a motion to Let lie; seconded by Mr. Waxler, Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – absent, the Motion was carried.

(23:59-43:51)
AN ORDINANCE AMENDING SECTION 151.02 OF THE CODIFIED ORDINANCES OF DEFIANCE, OHIO

Increase the expenditure threshold from $15,000-$25,000

Side Note: DDVB received a grant of $12,000, much thanks to Kirstie Mack, Niki Warncke and Trish Speiser

Mr. Eureste made a motion to Let lie; seconded by Mr. Lundberg, Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – absent, the Motion was carried.

CITIZEN CONCERNS:
(45:55-47:38)
Ron Posey 1917 Darbyshire, asked if there is a future development on the Public Hearing new zoning

STUDY SESSION: NONE

Council then went into Executive Session concerning 121.22 (G)(2) at 7:50 p.m., President McMaster called for a motion to adjourn the Executive Session, at 7:58 p.m., Mr. Lundberg moved and Mr. Waxler seconded; Voice vote, Motion carried.

Motion made by Mr. Lundberg; Mr. Hancock seconded that the meeting be adjourned; on Voice Vote the meeting was adjourned at 7:58 p.m.

OFFICIAL MINUTES DVD: June 25, 2019; 48:15 minutes

Respectfully submitted,
Lisa Elders
Defiance City Council Clerk

Approval of Index Minutes: , 2019

Attest: , President David McMaster

Attest: , Clerk, Lisa Elders

7-2-19

INDEX FOR THE
DEFIANCE CITY COUNCIL MINUTES
JULY 2, 2019
President McMaster determined the presence of a quorum.

President McMaster called for a Motion to excuse Mr. Hancock moved by Rev. Plant, seconded by Mr. Engel, Voice Vote, Motion Carried.

Council met in regular session in the Charles D. Beard Community Room of the Municipal Annex at 7:00 p.m. and opened with the Pledge of Allegiance.

President McMaster called for a motion to correct or amend the Index minutes of June 25, 2019, in hearing none, Index minutes are approved as written.

INTRODUCTION OF PERSONS/SPECIAL GUESTS APPEARING BEFORE COUNCIL: NONE

PUBLIC HEARING: NONE

COMMITTEE MEETING OR REPORTS:
(2:45-3:06)
Mr. Eureste gave a reminder; July 9 is a Street & Sidewalk Meeting

COUNCIL COMMENTS:
(3:10-19:23)
Mr. Waxler noted there is an email scam going around, stating it is from the City Council
1035 Grove; power line issues
2 non-using vehicles on Latty St.
803 Harrison, roof caved in
Vortex Building has rodent issues

Mr. Eureste noted there is a junk car at the L&K Building

Rev. Plant gave Kudos to those fixing the Potholes
Speeders and semi’s on East High St.

Mr. Lundberg compliments Scott Baker for cleaning up on the E. Side of Hopkins St. bridge

PRESIDENT OF COUNCIL REPORT/CONCERNS:
(19:24-19:57)
Fireworks display is tomorrow
Mr. Beard will be here July 9, for the Charter Review Proposals

REPORTS OF ADMINISTRATIVE OFFICERS:

Mayor McCann reported as follows:
(19:59-23:56)
Thanks to Wes Moats for providing a van for a tour in Defiance for Economic Development purpose
Vandalism at the Parks restrooms

City Administrator Leonard reported as follows:
(24:19-25:17)
Mr. Leonard informed Council the traffic signal at S. Clinton and Thurston is coming down

City Law Director O’Donnell reported as follows:
(25:19-26:01)

Mr. O’Donnell called for Executive Session on Purchase of Property, ORC 121.22 (G)(2). Motion for an Executive Session was made by Mr. Lundberg and seconded by Rev. Plant, Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – absent; Eureste – yes; Krutsch – yes; Waxler – yes; Plant – yes, Motion Carried.

Finance Director Lehner reported as follows:
(26:03-26:50)
Mr. Lehner asked for a Finance Committee Meeting, July 23; Quarterly Update

LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS:

THIRD READING: NONE

SECOND READING:

(27:05-28:50)
AN ORDINANCE AMENDING ORDINANCE NO. 6606 BY EXPANDING THE GEOGRAPHIC SIZE OF THE AYERSVILLE AVENUE COMMUNITY REINVESTMENT AREA, CRA NO. 3

Amending Ayersville Ave. Community Reinvestment Area size

Mr. Waxler made the motion to suspend and call for the question: seconded by Mr. Lundberg: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Mr. Waxler made the motion to adopt the Ordinance; seconded by Mrs. Krutsch: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8138

(28:51-36:02)
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH ENTERPRISE FLEET MANAGEMENT FOR VEHICLE REPLACEMENTS

Lease Program with Enterprise Fleet Management, which will save money over the years

Mr. Lundberg made the motion to suspend and call for the question: seconded by Mr. Waxler: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Mr. Engel made the motion to adopt the Ordinance; seconded by Mr. Eureste: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8139

(36:06-47:53)
AN ORDINANCE AMENDING SECTION 151.02 OF THE CODIFIED ORDINANCES OF DEFIANCE, OHIO

Raising the threshold; requiring Council action

Mr. Eureste made a motion to Amend this Ordinance; to include reporting any expenditures that the BOC approves above the $15,000 threshold to the $25,000 ceiling. Reporting should be reported at the next regular scheduled City Council Meeting; seconded by Mrs. Krutsch: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried

Mr. Lundberg made the motion to let lie: seconded by Mr. Eureste: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried, this Ordinance will come back as a Second Amended Reading

FIRST READING:
(47:55-51:54)
AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 1440 QUALITY DRIVE AND APPROPRIATING FUNDS FOR THAT PURPOSE

Property for Salt Storage Facility

Mr. Eureste made the motion to suspend and call for the question: seconded by Mr. Lundberg: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Mr. Engel made the motion to adopt the Ordinance; seconded by Rev. Plant: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8140

(52:00-54:34)
AN ORDINANCE AMENDING THE DISTRICT MAP TO REZONE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF W. ROSEWOOD AVENUE AND S. JEFFERSON AVENUE FROM R-3, MEDIUM TO HIGH DENSITY RESIDENTIAL TO B-3, HIGHWAY AND GENERAL BUSINESS DISTRICT

Rezone property at the Southwest corner of W. Rosewood and S. Jefferson from R-3 to B-3

Mr. Eureste made the motion to suspend and call for the question: seconded by Mr. Engel: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Mrs. Krutsch made the motion to adopt the Ordinance; seconded by Mr. Engel: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8141

(54:48-59:45)
AN ORDINANCE AUTHORIZING A CONTRACT FOR CONSTRUCTION OF INFLOW REDUCTION IMPROVEMENTS IN THE VICINITY OF RALSTON AVENUE AND CARTER AVENUE AND DECLARING AN EMERGENCY

CSO Project, Sewer Separation; inflow reduction improvements

Mr. Engel made the motion to suspend and call for the question: seconded by Mr. Waxler: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Rev. Plant made the motion to adopt the Ordinance; seconded by Mr. Eureste: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – absent; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8142

CITIZEN CONCERNS:
(1:00:05-1:04:12)
Ron Posey 1917 Darbyshire questioned about contamination at factory sites

STUDY SESSION: NONE

Council then went into Executive Session concerning Purchase of Property, ORC 121.11 (G)(2) at 8:08 p.m., President McMaster called for a motion to adjourn the Executive Session, at 8:21 p.m., Mr. Lundberg moved and Mr. Waxler seconded; Voice vote, Motion carried.

Motion made by Mr. Lundberg; Mr. Waxler seconded that the meeting be adjourned; on Voice Vote the meeting was adjourned at 8:21 p.m.

OFFICIAL MINUTES DVD: July 2, 2019; 1 hr. 04:17 minutes

Respectfully submitted,
Lisa Elders
Defiance City Council Clerk

Approval of Index Minutes: , 2019

Attest: , President David McMaster

Attest: , Clerk, Lisa Elders

6-11-19

INDEX FOR THE
DEFIANCE CITY COUNCIL MINUTES
JUNE 11, 2019
President McMaster determined the presence of a quorum.

Council met in regular session in the Charles D. Beard Community Room of the Municipal Annex at 7:00 p.m. and opened with the Pledge of Allegiance.

President McMaster called for a motion to correct or amend the Index minutes of June 4, 2019, in hearing none, Index minutes are approved as written.

INTRODUCTION OF PERSONS/SPECIAL GUESTS APPEARING BEFORE COUNCIL:
(1:49-12:06)
Roger Fisher, DCCC update on Performance Series (pamphlet on file with Clerk) and equipment with DCCC infrastructure

PUBLIC HEARING: NONE

COMMITTEE MEETING OR REPORTS:
(12:28-14:18)
Clerk Elders noted there will be a Public Hearing, June 25
Mr. Hancock called for Streets & Sidewalk Meeting, July 9 at 7:00; Street, Sidewalk and Alleys, Mrs. Krutsch will be absent July 9

COUNCIL COMMENTS:
(14:20-22:08)
Mr. Waxler asked if there is a violation nuisance on bushes? 1021 Wilhelm has property issues, as well as a trailer on Rulf St. Also, Mr. Waxler noted the Car Show Friday was very nice event

Rev. Plant noted the Chautauqua was a great event, also mention the Ohio Women’s Open Golf Tournament

Mrs. Krutsch noted the first Music in the Parks was very well attended

PRESIDENT OF COUNCIL REPORT/CONCERNS: NONE

REPORTS OF ADMINISTRATIVE OFFICERS:

Mayor McCann reported as follows:
(22:16-41:06)
Nice Article in the paper, President McMaster
Discussion on sidewalks; sidewalk analysis (handout with minutes)

City Administrator Leonard reported as follows:
(41:09-45:07)
Connectivity issue is a layer in the community we all should be concerned about
Contract Negotiations have begun with AFSCME Union

City Law Director O’Donnell reported as follows:
(45:09-47:10)
Sidewalk Assessments, can be spread out over 10-years, according to the City Code

Mr. O’Donnell called for Executive Session on Pending Litigation 121.22 (G)(3). Motion for an Executive Session was made by Mr. Hancock and seconded by Rev. Plant, Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Eureste – yes; Krutsch- yes; Waxler – yes; Plant – yes, Motion Carried.

Finance Director Lehner reported as follows:
(47:13-1:00:23)
Follow up on the Enterprise Fleet Management

Motion was made by Mr. Engel and seconded by Mr. Eureste, to bring Legislation allowing the City to lease vehicles from Enterprise Fleet Management Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Eureste – yes; Krutsch – yes; Waxler – yes; Plant – yes, Motion Carried.

Mr. Lundberg asked if Council Rules will need to change, because the Crescent News publication dates are changing

LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS:

THIRD READING: NONE

SECOND READING: NONE

FIRST READING:
(1:00:34-1:04:14)
AN ORDINANCE AUTHORIZING A CONTRACT TO CONSTRUCT DOWNTOWN ALLEY IMPROVEMENTS AND DECLARING AN EMERGENCY

Improvement of downtown alleys by J&N Builders; cost $25,064.10

Mrs. Krutsch made the motion to suspend and call for the question: seconded by Rev. Plant: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Mr. Lundberg made the motion to adopt the Ordinance; seconded by Mr. Hancock: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8136

(1:04:17-1:04:14)
AN ORDINANCE AUTHORIZING PAYMENT FOR THE ULTRAVIOLET DISINFECTION SYSTEM PERMIT TO INSTALL AND DECLARING AN EMERGENCY

Permit payment of $15,100 to the OEPA

Mr. Engel asked if the BOC discussed the $15,000.00 threshold

Mr. Waxler made the motion to suspend and call for the question: seconded by Mr. Eureste: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Rev. Plant made the motion to adopt the Ordinance; seconded by Mr. Engel: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8137

CITIZEN CONCERNS: NONE
(1:15:31-1:23:56)
Ron Posey 1917 Darbyshire, asked who is responsible if there is a nuisance sign, where there is a realtor sign on the property. Noted, insurance is cheaper using lease company’s insurance

Joshua Earl, 103 Timothy St. suggest the City use drones to take inventory on the street conditions

STUDY SESSION: NONE

Council then went into Executive Session concerning Pending Litigation, 121.22 (G)(3) at 8:27 p.m., President McMaster called for a motion to adjourn the Executive Session, at 8:32 p.m., Mr. Lundberg moved and Mr. Hancock seconded; Voice vote, Motion carried.

Motion made by Mr. Lundberg; Rev. Plant seconded that the meeting be adjourned; on Voice Vote the meeting was adjourned at 8:32 p.m.

OFFICIAL MINUTES DVD: June 11, 2019; 1 hr. 24:32 minutes

Respectfully submitted,
Lisa Elders
Defiance City Council Clerk

Approval of Index Minutes: , 2019

Attest: , President David McMaster

Attest: , Clerk, Lisa Elders

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