City Council Minutes

4-30-19

INDEX FOR THE SPECIAL
DEFIANCE CITY COUNCIL MINUTES
APRIL 30, 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.

CONSIDER THE ACQUISITION OF PROPERTY AT 629 ARABELLA STREET FOR A PUBLIC PURPOSE: Pursuant to Rule 3.3 no other business will be raised, considered, or discussed
(1:51-1:50:45)
Mr. Hancock due to his employment with Defiance City School District, he will abstain himself on any deliberation of this matter, requiring the property at 629 Arabella St. Also, not voting on any motion, resolution, ordinance or other legislation pertaining thereof, pursuant to Rule 10.4

Mayor McCann thanked everyone for being here, this has been a long task with days away with critical decisions. Mayor introduced Attorney Dan Michel member of the Board of Directors of our Defiance Area Foundation, to explain the DAF position on the 1918 Building to present the foundations Payment Guarantee on future considerations on the 1918 Building. Mr. Michel DAF, Member of the Justin F. Coressel Foundation, both Foundations are interested in taking time off the School Board. School Board has to make a decision quickly to either send back $300,000 to the State of award a bid to demolish company to tear down the building. Mr. Michel shared a payment guarantee (attached with minutes). Both Boards have voted to put up $300,000 which the guarantee is conditioned on the City getting the title to the property. If the City gets the property, the building cannot be demolished for 5 years. If someone can come forward with a plan in the time frame to re-develop the building the money is there to be used on the building. At the end of the 5 years, and nothing goes forward on the building, the $300,000 is there for the demolish. If the City cannot acquire the property, then we would like to see the School Board retain title to the property and keep it is existence for at least 2 years. Mr. Engel asked if someone spoke to the School Board about keeping it for 2 years. Same document was presented to the Board, but there hasn’t been a official response.

Mayor noted two recommendations, bring an Ordinance to acquire the building directly, which the Mayor thinks this legislation could be referendum and go to the voters. Second, bring legislation to Council to direct it to the ballot this November.

Mr. Leonard noted the city’s looks at it overall as a Strategic stand-point, as the City proceeds forward in decisions, he doesn’t want to alienate any one group

Mr. O’Donnell brought up the issue that was stated last week, that there could have been some Open Meetings violations, which there was, tonight’s intend is to reset that conversation

Mr. Eureste noted there is an option for the building, such option is from a developer Joe Recchie of Columbus, Mr. Eureste provided Mr. Recchie Memorandum of Understanding, which is to turn the building into a Senior Housing.

Mr. Eureste made a motion to allow extra time for Mr. Recchie, there was no second, Mr. Recchie has 5 minutes (Mr. Recchie plan is attached to the minutes). Highest and best use is Senior Housing, the program brings in cooperate investors, tax-exempt bonds, other grant programs. He feels 13 million is needed for the redevelopment plan. Recommendation – the School Board transfer the property to the city and enter into the memorandum with his organization. Mr. Waxler asked if Senior Housing is only what he is looking at, yes, stated Mr. Recchie

Rev. Plant asked how we move forward, noting there is 2 possibilities for Council. Seems to be a process, if this moves forward and Council is committed to exam more to determine the best use, Rev. Plant is in favor of the building being saved, but must serve a greater purpose then just saving a building

Mr. O’Donnell noted he needs some kind of direction on what Council wants, so it can be presented to the School Board, May 8 is the
school’s deadline for an answer on the building

Ralph Hahn 901 Wilhelm St. thanked the foundations for the $300,000, “that is the missing piece to cement a pathway to repurpose the 1918 building”.

Chris Mack 407 Jefferson Ave. thanked the foundations and also thanked the Council and Administration for the efforts to save the building.

Angela Miller 907 Latty St. believes the building is an anchor to our downtown, a key to revitalization

Trish Speiser- President of Historic Homes of Defiance, asked what the Highest and Best use, means?

Ben Pierce 328 Northwood, noted that Council’s choice at this time is either the 2-year option or the 5-year option

Ken Ludwig 1955 Colwell Circle, doesn’t know what should be done with the building, and developing the building will take time, however having the $300,000 is a start

Ron Posey 1917 Darbyshire Dr., sees Pros and Cons, personally thinks it should be left up to the voters

Mr. Engel thanked the foundations and thinks the $300,000 should be between the developers and the school board, on coming up with the money, doesn’t think the City should have anything to do with the $300,000

Mr. Waxler feels if the City takes over, he is pretty-sure there will be a referendum. Mr. Waxler would like to do the 2-year option

Mr. Lundberg is glad to see the $300,000 from the foundations, which assures it did not come from the city tax payers

Rev. Plant is glad to see the $300,000 as well, also, Rev. Plant suggest looking at it as an Economic Development Property

Mr. Eureste thinks it is our (Council) responsibility to help with the Economic income, and in his opinion, except the money and building and work within the time line to save the building and do something productive with it

Mrs. Krutsch agrees with Mr. Eureste and Rev. Plant because she looks at this as a Economic Development Plan

Mr. Waxler asked if we are doing the 2-year or the 5-year

President McMaster noted, what is before us; the School Board will be deciding to demolish the building or not, Council needs to give direction to Mr. O’Donnell to draft legislation, so the School Board will know what the City’s intentions are

Mr. Eureste made a motion for the City to except the 1918 Building and the $300,000 from the foundations, seconded, Rev. Plant, Roll Call Vote: Lundberg – no; Engel – no; Hancock- abstain; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

INTRODUCTION OF PERSONS/SPECIAL GUESTS APPEARING BEFORE COUNCIL: NONE

PUBLIC HEARING: NONE

COMMITTEE MEETING OR REPORTS: NONE

COUNCIL COMMENTS: NONE

PRESIDENT OF COUNCIL REPORT/CONCERNS: NONE

REPORTS OF ADMINISTRATIVE OFFICERS: NONE

Mayor McCann reported as follows:

City Administrator Leonard reported as follows:

City Law Director O’Donnell reported as follows:

Finance Director Lehner reported as follows:

LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS: NONE

THIRD READING: NONE

SECOND READING: NONE

FIRST READING: NONE

CITIZEN CONCERNS: NONE

STUDY SESSION: NONE

Motion made by Mr. Lundberg; Mrs. Krutsch seconded that the meeting be adjourned; on Voice Vote the meeting was adjourned at 8:51 p.m.

OFFICIAL MINUTES DVD: April 30, 2019; 1 hr. 44:50 minutes

Respectfully submitted,
Lisa Elders
Defiance City Council Clerk

Approval of Index Minutes: , 2019

Attest: , President David McMaster

Attest: , Clerk, Lisa Elders

5-7-19

INDEX FOR THE
DEFIANCE CITY COUNCIL MINUTES
MAY 7, 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.

INTRODUCTION OF PERSONS/SPECIAL GUESTS APPEARING BEFORE COUNCIL: NONE

PUBLIC HEARING: NONE

COMMITTEE MEETING OR REPORTS: FINANCE MEETING – QUARTERLY UPDATE
(3:58-17:24)
2019 Financial Status Date, Wage Withholding, Historic Data (information is attached with the minutes)

COUNCIL COMMENTS:
(17:46-21:34)
Mr. Eureste and Mr. Waxler will be absent May 14. Mr. Lundberg will be absent June 2

Mr. Waxler asked about a nuisance notification at a business at East Second St.

PRESIDENT OF COUNCIL REPORT/CONCERNS:
(21:44-22:45)
Liquor Transfer – 4418205
Error in name – Ryno’s is actually called Hoopster’s

REPORTS OF ADMINISTRATIVE OFFICERS:

Mayor McCann reported as follows:
(22:49-28:43)
Annual Food Drive is this Saturday
This Saturday is the Lilac Festival

Mayor acknowledged Mr. Lehner’s son, Jack for all his awards he has achieved recently, WAY TO GO JACK!
Congrats Mr. Hancock, whom graduated from Defiance College with honors, shout-out to Mr. Hancock’s daughter – graduating from College and son graduating from High School, WAY TO GO HANCOCK’S

There will be legislation coming for the River Banks slops
Mayor McCann noted why the School Board was not present last week at the Council Meeting

City Administrator Leonard reported as follows: ABSENT

City Law Director O’Donnell reported as follows:
(28:53-33:45)
Mr. O’Donnell noted as long as we have 5 members next week the Ordinance can pass

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

Mr. O’Donnell also gave an update on the Charter Review meeting

Finance Director Lehner reported as follows:
(33:50-36:47)
Mr. Lehner asked for a Study Session for May 28 – Enterprise Fleet Management
Carl Cultrona & John Gormanto discuss a comprehensive fleet management program for our light and medium duty vehicles

LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS:

THIRD READING:
(37:06-41:31)
AN ORDINANCE ESTABLISHING AN INCREASE IN COMPENSATION OF THE PRESIDENT AND MEMBERS OF CITY COUNCIL

Mr. Eureste noted he hasn’t received any support for this, and has received an email in opposition, with similar size communities

Mr. Waxler is in favor of a raise; however, he doesn’t like that fact it is regulated pay with PERS

Mr. Lundberg made the motion to adopt the Ordinance; seconded by Rev. Plant: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – no; Eureste – no; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8121

(41:38-45:54)
AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE MAYOR

Mr. Waxler does agree with this Ordinance

Mr. Engel made the motion to adopt the Ordinance; seconded by Mr. Lundberg: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – no; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8122

SECOND READING:
(45:59-47:43)
AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF THE DEFIANCE OUTDOOR REFRESHMENT AREA, MAKING CERTAIN FINDINGS AND DETERMINATIONS, AND ENACTING REGULATION TO THE EFFECT

DORA ORDINANCE

Mr. Lundberg made a motion to Let lie; seconded by Mr. Waxler, voice vote, President McMaster stated this Ordinance will come back as a Third Reading.

FIRST READING:
(48:00-51:05)
AN ORDINANCE RATIFYING A PROFESSIONAL SERVICES CONTRACT FOR THE PLANNING ACTIVITIES RELATED TO WASTEWATER CONVEYANCE SYSTEMS AND DECLARING AN EMERGENCY

Ratifies a payment to Jones & Henry

Mr. Lundberg 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. Hancock made the motion to adopt the Ordinance; seconded by Mrs. Krutsch: 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. 8123

(51:15-1:24:46)
AN ORDINANCE AUTHORIZING THE NEGOTIATION FOR, AND ACQUISITION OF, REAL PROPERTY LOCATED AT 629 ARABELLA STREET

Mr. Hancock will be abstaining

Rev. Plant would like a clear title, clarity about environmental issues and control over what happens

Mr. Waxler would like to see other possibilities for the building, other than Senior Housing

Ron Posey 1917 Darbyshire doesn’t want the building turned into Senior Housing

Tom Mekus 1810 Waterford Land, proposed the building be a Historical Museum

Trish Speiser 29231 County Rd. 424 “would like to build more bridges and do less sweeping away of the past”

Ralph Hahn 901 Wilhelm St. request at least 2 people from the Save Our School Committee (SOS) be on a panel to be part of the repurposing the building

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

Rev. Plant made the motion to adopt the Ordinance; seconded by Mr. Waxler: Roll Call Vote: Lundberg – yes; Engel – no; Hancock – abstain; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8124

(1:24:57-1:28:11)
AN ORDINANCE AUTHORIZING A CONTRACT FOR REPAIR OF THE BACK-UP GENERATOR AT THE ELLIOTT ROAD LIFT STATION AND DECLARING AN EMERGENCY

Repairing the back-up generator

Mr. Lundberg 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. Hancock made the motion to adopt the Ordinance; 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. President McMaster declared the Ordinance adopted and it became Ordinance No. 8125

(1:28:21-1:30:47)
AN ORDINANCE AUTHORIZING A CONTRACT FOR RAPID SMALL-SCALE COLUMN TESTING OF DRINKING WATER AND DECLARING AN EMERGENCY

Conduct of testing of water at the WTP for a design of a granulated activated carbon system

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

Mr. Waxler made the motion to adopt the Ordinance; 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. President McMaster declared the Ordinance adopted and it became Ordinance No. 8126

(1:31:29-1:33:32)
AN ORDINANCE AUTHORIZING THE CREATION OF A “COURT TECHNOLOGY GRANT FUND” AND DECLARING AN EMERGENCY

This Ordinance creates a Court Technology Grant Fund

Mr. Lundberg 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. Hancock 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. 8127

(1:33:36-1:37:06)
A RESOLUTION SUPPORTING THE DEFIANCE COUNTY CANAL ROAD SHOULDER ENHANCEMENT PROJECT

Supporting Defiance County to widen and resurface a shoulder on Canal Road

Mr. Lundberg made the motion to suspend and call for the question: seconded by Mr. Waxler: 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 Resolution; 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 Resolution adopted and it became Resolution No. 2506

CITIZEN CONCERNS: NONE

STUDY SESSION: NONE

Council then went into Executive Session concerning Purchase of Property, ORC 121.22 (G) 2 at 8:46 p.m., President McMaster called for a motion to adjourn the Executive Session, at 8:51 p.m., Mr. Engel moved and Mr. Hancock 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 8:52 p.m.

OFFICIAL MINUTES DVD: May 7, 2019; 1 hr. :38:16 minutes

Respectfully submitted,
Lisa Elders
Defiance City Council Clerk

Approval of Index Minutes: , 2019

Attest: , President David McMaster

Attest: , Clerk, Lisa Elders

5-14-19

INDEX FOR THE
DEFIANCE CITY COUNCIL MINUTES
MAY 14, 2019

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 determined the presence of a quorum

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

President McMaster called for a Motion to excuse Mr. Eureste moved by Mr. Lundberg, seconded by Mr. Engel, Voice Vote, Motion Carried

President McMaster called for a motion to correct or amend the Index minutes of April 23, April 30, 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:
(2:11-3:03)
Mr. Lundberg noted there is a Sewer Meeting May 28 at 6:00 pm
Study Session May 28, Enterprise Rental at 7:00 pm

COUNCIL COMMENTS:
(3:12-3:36)
Mr. Hancock noted the Lilac Festival was very nice

PRESIDENT OF COUNCIL REPORT/CONCERNS: NONE

REPORTS OF ADMINISTRATIVE OFFICERS:

Mayor McCann reported as follows:
(3:37-5:57)
Mayor McCann noted the property that was mention at the last meeting; “working diligently with the Police Department and the Court, to mitigate the problem”

Mr. Engel 716 Ottawa has some nuisance issues

City Administrator Leonard reported as follows: NONE

City Law Director O’Donnell reported as follows: ABSENT

Finance Director Lehner reported as follows: NONE

LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS:

THIRD READING:

(6:05-13:09)
AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF THE DEFIANCE OUTDOOR REFRESHMENT AREA, MAKING CERTAIN FINDINGS AND DETERMINATIONS, AND ENACTING REGULATION TO THAT EFFECT

DORA Ordinance

Ron Posey 1917 Darbyshire asked to turn this Ordinance down

Mr. Engel asked if this can be brought back anytime to be disbanded, Kirstie Mack noted, yes

Mr. Engel and Mr. Lundberg have visited different DORA districts and noted they are really nice

Mr. Engel made the motion to adopt the Ordinance; seconded by Mr. Lundberg: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – absent; Eureste – absent; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8128

SECOND READING: NONE

FIRST READING:
(13:15-18:56)
AN ORDINANCE AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR THE DESIGN OF EMERGENCY REPAIRS TO THE WATER TREATMENT PLANT SLOPE AND DECLARING AN EMERGENCY

Emergency repairs to the WTP slope

Let lie; President McMaster stated this Ordinance will come back as a Second Reading

(18:59-21:30)
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT FOR A NEWBORN SAFETY DEVICE AND DECLARING AN EMERGENCY

Newborn Safety Device “Safe Haven Baby Boxes”

Let lie; President McMaster stated this Ordinance will come back as a Second Reading

(21:35-25:21)
AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO MAKE APPLICATION TO THE WATER POLLUTION CONTROL LOAD FUND FOR SEWER SYSTEM IMPROVEMENTS AT RALSTON AVENUE AND ELBERT STREET AND HILTON STREET AND CARTER AVENUE, AND TO ENTER INTO AN AGREEMENT TO SECURE THOSE FUNDS, AND DECLARING AN EMERGENCY

Sewer System Improvements at Ralston Ave., Elbert St. and Hilton St.

Let lie; President McMaster stated this Ordinance will come back as a Second Reading

(25:25-29:04)
AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO MAKE APPLICATION TO THE WATER POLLUTION CONTROL LOAN FUND FOR ULTRAVIOLET DISINFECTION IMPROVEMENTS TO THE WATER POLLUTION CONTROL FACILITY AND DECLARING AN EMERGENCY

Ultraviolet Disinfection Improvements at the WPC Facility

Let lie; President McMaster stated this Ordinance will come back as a Second Reading

STUDY SESSION: NONE

CITIZEN CONCERNS: NONE
Motion made by Mr. Lundberg; Mr. Hancock seconded that the meeting be adjourned; on Voice Vote the meeting was adjourned at 7:29 p.m.

OFFICIAL MINUTES DVD: May 14, 2019; 29:37 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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