City Council Minutes

1.7.2020

INDEX FOR THE
DEFIANCE CITY COUNCIL MINUTES
JANUARY 7, 2020
Judge Rohrs sworn-in; Steve Corbitt-First Ward, John Hancock-Second Ward, and Josh Mast-Third Ward. Chris Engel-Fourth Ward was sworn-in at an earlier date

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. Engel moved by Mr. Hancock, seconded by Mr. Waxler, Voice Vote, Motion Carried.

President McMaster asked for nomination for President Pro-Tem

Mr. Waxler made the motion to nominate Mr. Engel as President Pro-Tem: seconded by Mr. Corbitt: Roll Call Vote: Corbitt – yes; Engel – absent; Hancock- yes; Krutsch – no; Waxler – yes; Eureste – no; Mast – yes, the Motion was carried.

President McMaster called for a motion to correct or amend the Index minutes of December 3 and December 10, 2019, in hearing none, Index minutes are approved as written.

INTRODUCTION OF PERSONS/SPECIAL GUESTS APPEARING BEFORE COUNCIL: NONE

PUBLIC HEARING: Permanent Zoning of the following newly annexed area:
Parcel 1130012001500 and Parcel I130012001504; Northwest corner of Elliot Road and Carpenter Road. Annexation was heard and passed at Council on September 3, 2019 and became official and filed at the Recorder’s Office on October 8, 2019. Recommended Zoning by City of Defiance Planning Commission is M-3 (Highway and General Business District).

(9:05-10:47)
Mr. O’Donnell noted the Public Hearing

COMMITTEE MEETING OR REPORTS:
(11:15-12:13)
President McMaster asked for a motion to adopt the Committee Assignments (Committee Assignments attached to minutes in Clerk’s office)

Mr. Hancock made the motion to adopt the Committee Assignments, assigned by President McMaster: seconded by Mrs. Krutsch: Roll Call Vote: Corbitt – yes; Engel – absent; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried.

COUNCIL COMMENTS:
(12:29-14:47)
Mr. Waxler noted the roads are bad on Darbyshire and Wyandotte

PRESIDENT OF COUNCIL REPORT/CONCERNS:
(14:52-19:10)
President McMaster stated in regards to the re-appointment of Susan Mack, Jayne Yoder and Taryn Lawson to the Library Board, shall the consent of Council be giving to the appointment, Roll Call Vote: Corbitt – yes; Engel – absent; Hancock – yes; Eureste – yes; Krutsch – yes; Waxler – yes; Mast – yes, Motion Carried

President McMaster stated in regards to the appointment of Laura Connor to the Library Board, shall the consent of Council be giving to the appointment, Roll Call Vote: Corbitt – yes; Engel – absent; Hancock – yes; Eureste – yes; Krutsch – yes; Waxler – yes; Mast – yes, Motion Carried

President McMaster asked for a volunteer for the Hall of Fame, Mr. Eureste volunteered

REPORTS OF ADMINISTRATIVE OFFICERS:

Mayor McCann reported as follows:
(19:13-19:52)
Thanked those who showed up for the swear-ins, as well as recognizing Mr. Corbitt’s daughter Carrie Schlade, Mayor of Bryan, Ohio

City Administrator Leonard reported as follows:
(19:53-32:26)
Expenditure Report

Mr. Leonard noted Michael and Amber Lauterbach requested a permit to keep a “teacup piglet” for their autistic son, for therapy purpose. Mr. Leonard did some research and the Code 505.15 states that no such animal can be kept in any enclosure within 150 ft. of any occupied dwelling house in the city. Mr. Leonard asked Council to either change the legislation or add new legislation.

Mr. Waxler made the motion to have Mr. O’Donnell draft some legislation: seconded by Mr. Eureste: Roll Call Vote: Corbitt – yes; Engel – absent; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried.

Mr. Leonard noted that he will be asking Council for Study Sessions for resurfacing and sidewalk issues

City Law Director O’Donnell reported as follows: NONE

Finance Director Lehner reported as follows:
(32:34-34:21)
Reminder all Council members must complete the Sunshine Law Training

Mr. Lehner directed Council Clerk to order cases for Council’s laptops

LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS:

THIRD READING: NONE

SECOND READING: NONE

FIRST READING:
(34:52-39:52)
AN ORDINANCE AUTHORIZING THE PURCHASE OF A TIMEKEEPING SYSTEM FOR MUNICIPAL EMPLOYEES

Installation of a new time-keeping system

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

Mr. Eureste made the motion to adopt the Ordinance; seconded by Mr. Hancock: Roll Call Vote: Corbitt – yes; Engel – absent; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8189

(39:55-44:41)
AN ORDINANCE ACCEPTING AUTHORIZING THE PURCHASE OF FIRE PROTECTION EQUIPMENT AND DECLARING AN EMERGENCY

Purchase of breathing apparatuses

Mr. Lehner noted the Ordinance states the wrong fund and asked Council to Amend the Ordinance with the correct fund

Mr. Eureste made the motion to Amend Section 3 to change the account line number from 792-336-5-2-730.009 to 403-901-5-2-9750.36: seconded by Mr. Waxler: Roll Call Vote: Corbitt – yes; Engel – absent; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried and the Ordinance will come back as a Second Reading as Amended.

(44:45-47:22)
AN ORDINANCE ACCEPTING A STORMWATER EASEMENT AND DECLARING AN EMERGENCY

Accepting a stormwater easement

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

Mrs. Krutsch made the motion to adopt the Ordinance; seconded by Mr. Hancock: Roll Call Vote: Corbitt – yes; Engel – absent; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8190

CITIZEN CONCERNS:
(47:32-1:00:55)
Mike Simon 2240 Power Dam Rd. is concerning that hazardous material that drains from the streets, that EPA deems hazardous, is draining into residential neighborhoods

STUDY SESSION: NONE

Motion made by Mr. Hancock; Mr. Mast seconded that the meeting be adjourned; on Voice Vote the meeting was adjourned at 8:00 p.m.

OFFICIAL MINUTES DVD: January 7, 2020; 1 hr. 01:14 minutes

Respectfully submitted,
Lisa Elders
Defiance City Council Clerk

Approval of Index Minutes: ___________,2020

Attest: , President David McMaster

Attest: , Clerk, Lisa Elders

1.14.2020

INDEX FOR THE
DEFIANCE CITY COUNCIL MINUTES
JANUARY 14, 2020
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 January 7, 2020, in hearing none, Index minutes are approved as written.

INTRODUCTION OF PERSONS/SPECIAL GUESTS APPEARING BEFORE COUNCIL: Bob Kroeger, National Deputy Chief of Staff and Chris Haynes past Department of Ohio Commander, National Council Member, Chief of Staff for State Commander Dan Faulkner (Proclamations)
(1:45-7:10)
Veterans organization recognized the City of Defiance for naming the new Clinton St. bridge the “Purple Heart Bridge”

PUBLIC HEARING: NONE

COMMITTEE MEETING OR REPORTS: NONE

COUNCIL COMMENTS:
(7:45-21:06)
Mr. Eureste made a motion for a Special Meeting; Pursuant to Rule 3.1 (A) of the Rules of Conduct and Procedure of City Council, Mr. Eureste moved to call a special meeting on Tuesday, January 21, 2020 at 7:00 P.M. in the Charles Beard Community Room for two purposes:
• To consider legislation approving a settlement between the City of Defiance, Ohio and Helms & Sons Excavating, Inc. regarding the contractual terms of the shared use path on the College Place Reconstruction Project; and
• To consider legislation approving a purchase agreement for the property located on part of Lot 29 in the lots between the Maumee and Auglaize Rivers
seconded by Mr. Hancock: Roll Call Vote: Corbitt – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried.

Mr. Corbitt asked for clarification on the process on which street gets resurfacing

Mr. Waxler asked how Kiser Rd. was moved up on the roads to get done

PRESIDENT OF COUNCIL REPORT/CONCERNS:
(21:07-22:30)
Mr. Corbitt made the motion to have Mr. Engel as a member of the JCIP: seconded by Mr. Waxler: Roll Call Vote: Corbitt – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried.

REPORTS OF ADMINISTRATIVE OFFICERS:

Mayor McCann reported as follows:
(22:31-29:28)
Mayor McCann announced the fireworks will be back to the confluence and will always be the first Friday in July

Welcomed Sarah Tackett, Executive Director/CEO of Defiance Area Chamber of Commerce’s

The City will not be renting out the 1918 School Building gymnasium

President McMaster stated in regards to the appointment of Steve Graf, 1-year term to the Planning Commission, shall the consent of Council be giving to the appointment proposed by the Mayor, Voice Vote, all in favor, Motion Carried

President McMaster stated in regards to the appointment of Steve Hoffman, 2-year term to the Planning Commission, shall the consent of Council be giving to the appointment proposed by the Mayor, Voice Vote, all in favor, Motion Carried

President McMaster stated in regards to the appointment of Drew Shindler, 3-year term to the Planning Commission, shall the consent of Council be giving to the appointment proposed by the Mayor, Voice Vote, all in favor, Motion Carried

President McMaster stated in regards to the appointment of Emma Kirkpatrick 4-year term to the Planning Commission, shall the consent of Council be giving to the appointment proposed by the Mayor, Voice Vote, all in favor, Motion Carried

President McMaster stated in regards to the appointment of Pete Lundberg, to the Nuisance Abatement Board, shall the consent of Council be giving to the appointment proposed by the Mayor, Voice Vote, 6 in favor, 1 opposed, Motion Carried

President McMaster stated in regards to the re-appointment of Roger Engle, to the Nuisance Abatement Board, shall the consent of Council be giving to the appointment proposed by the Mayor, Voice Vote, all in favor, Motion Carried

President McMaster stated in regards to the re-appointment of Bart Scott, to the Nuisance Abatement Board, shall the consent of Council be giving to the appointment proposed by the Mayor, Voice Vote, all in favor, Motion Carried

City Administrator Leonard reported as follows: NONE

City Law Director O’Donnell reported as follows:
(29:36-32:34)
Mr. O’Donnell called for Executive Session, ORC 121.22 (G) (3), Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action; Motion for an Executive Session was made by Mr. Waxler and seconded by Mr. Engel, Roll Call Vote: Corbitt – yes; Engel – yes; Hancock – yes; Eureste – yes; Krutsch- yes; Waxler – yes; Mast – yes, Motion Carried.

Mr. O’Donnell called for Executive Session, ORC 121.22 (G) (2), To consider the purchase of property. Motion for an Executive Session was made by Mr. Engel and seconded by Mr. Hancock, Roll Call Vote: Corbitt – yes; Engel – yes; Hancock – yes; Eureste – yes; Krutsch- yes; Waxler – yes; Mast – yes, Motion Carried.

Mr. O’Donnell called for Executive Session, ORC 121.22 (G) (2), To consider the sale of property. Motion for an Executive Session was made by Mr. Corbitt and seconded by Mrs. Krutsch, Roll Call Vote: Corbitt – yes; Engel – yes; Hancock – yes; Eureste – yes; Krutsch- yes; Waxler – yes; Mast – yes, Motion Carried.

Get Well card for Mr. Posey

Finance Director Lehner reported as follows:
(32:36-37:43)
Delinquent Income Tax collection will be turned over to Credit Adjustments

LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS:

THIRD READING: NONE

SECOND READING AS AMENDED:
(37:55-39:01)
AN ORDINANCE AUTHORIZING THE PURCHASE OF FIRE PROTECTION EQUIPMENT AND DECLARING AN EMERGENCY AS AMENDED

Fire Protection equipment, breathing apparatus

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

Mr. Hancock made the motion to adopt the Ordinance; seconded by Mr. Engel: Roll Call Vote: Corbitt – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8191

FIRST READING:
(39:04-41:50)
AN ORDINANCE AMENDING THE DISTRICT MAP TO REZONE RECENTLY ANNEXED TERRITORY LOCATED AT THE CORNER OF ELLIOTT ROAD AND CARPENTER ROAD FROM M-1, RESTRICTED INDUSTRIAL DISTRICT TO M-3, GENERAL INDUSTRIAL DISTRICT

Rezoning 91.06 acres -Northwest Corner of Elliott & Carpenter; M-1 to M-3

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

Mr. Engel made the motion to adopt the Ordinance; seconded by Mr. Mast: Roll Call Vote: Corbitt – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8192

(41:55-48:29)
AN ORDINANCE AMENDING ORDINANCE NO. 8159, AUTHORIZING THE ACQUISITION OF REAL PROPERTY ADJACENT TO THE PLANNED OTTAWA AVENUE AND CLEVELAND AVENUE INTERSECTION IMPROVEMENTS, AND DECLARING AN EMERGENCY

Acquisition of property next to the planned roundabout at Ottawa & Cleveland Ave’s

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

Mr. Waxler made the motion to adopt the Ordinance; seconded by Mrs. Krutsch: Roll Call Vote: Corbitt – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8193

CITIZEN CONCERNS:
(48:57-52:10)
Angie Miller 907 Latty St. Asked where do citizens go for nuisance complaints

STUDY SESSION: NONE

Council then went into Executive Session concerning ORC 121.22 (G) (3) President McMaster called for a motion to adjourn the Executive Session, at 8:05 p.m., Mr. Hancock moved and Mr. Engel seconded; Voice vote, Motion carried.
Council then went into Executive Session concerning ORC 121.22 (G) (2) President McMaster called for a motion to adjourn the Executive Session, at 8:07 p.m., Mr. Waxler moved and Mrs. Krutsch seconded; Voice vote, Motion carried.
Council then went into Executive Session concerning ORC 121.22 (G) (2) President McMaster called for a motion to adjourn the Executive Session, at 8:10 p.m., Mr. Engel moved and Mr. Hancock seconded; Voice vote, Motion carried.
Motion made by Mr. Engel; Mr. Mast seconded that the meeting be adjourned; on Voice Vote the meeting was adjourned at 8:12 p.m.

OFFICIAL MINUTES DVD: January 14, 2020; 52:24 minutes

Respectfully submitted,
Lisa Elders
Defiance City Council Clerk

Approval of Index Minutes: _______,2020

Attest: , President David McMaster

Attest: , Clerk, Lisa Elders

1.21.2020

INDEX FOR THE
DEFIANCE CITY COUNCIL MINUTES
JANUARY 21, 2020
President McMaster determined the presence of a quorum.

Council met in Special 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: 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: ABSENT

City Law Director O’Donnell reported as follows:

Finance Director Lehner reported as follows:

LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS:

THIRD READING: NONE

SECOND READING: NONE

FIRST READING:
(:56-5:26)
AN ORDINANCE AUTHORIZING THE SETTLEMENT OF A PENDING LEGAL CLAIM AND DECLARING AN EMERGENCY

Settlement of a pending legal claim with Helms & Sons Excavating, Inc. over contractual requirements of the College Place Project

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

Mr. Engel made the motion to adopt the Ordinance; seconded by Mr. Waxler: Roll Call Vote: Corbitt – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8194

(5:34-9:23)
AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT QUALITY DRIVE IN THE AUDITOR’S PLAT OF LOTS BETWEEN THE MAUMEE AND AUGLAIZE RIVERS AND APPROPRIATING FUNDS FOR THAT PURPOSE

Purchase of property located at Quality Dr.; 0.38-acre parcel for a salt storage facility

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

Mr. Hancock made the motion to adopt the Ordinance; seconded by Mr. Waxler: Roll Call Vote: Corbitt – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Mast – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8195

CITIZEN CONCERNS: NONE

STUDY SESSION: NONE

Motion made by Mr. Waxler; Mr. Mast seconded that the meeting be adjourned; on Voice Vote the meeting was adjourned at 7:09 p.m.

OFFICIAL MINUTES DVD: January 21, 2020; 9:59 minutes

Respectfully submitted,
Lisa Elders
Defiance City Council Clerk

Approval of Index Minutes: ___________,2020

Attest: , President David McMaster

Attest: , Clerk, Lisa Elders

City Council Index Minutes are filed with Council Clerk.

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