City Council - Regular Meeting

Good evening, everyone. Welcome to the meeting of the Elyria City Council for Tuesday, September 8th, 2026. We'll have a moment of silence followed by a pledge of allegiance. We'd like you all to please keep Mayor Brubaker and our clerk, Mr. Stewart, in your thoughts and prayers as they recover. We'll start with a moment of silence, please. Thank you. Mr. Sarah, would you lead us in the pledge?

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

Madam Clerk, may I have a roll call, please?

Yes, ma'am. Mr. Serra? Here. Mr. Van Warmer? Here. We have an absent letter from Mr. Armstrong. Ms. Rothgary? Here. Ms. Davis? Here. Mr. Talet?

Here.

Mr. Libyan?

Here.

Mr. Oswald?

Here.

Mr. Doney? Here. Mr. Snyder? Here. President Mitchell?

Here. We have a letter from Mr. Armstrong. Can I get a motion, please?

So moved. Second.

It's been moved and properly seconded.

Question?

All those in favor say aye. Aye. Opposed? Motion carried. Madam Clerk, are there any public hearings?

There is one. You are hereby notified that a public hearing will be held on Tuesday, September 8th, 2026 at seven o'clock PM to consider the following. An ordinance amending section 1119.02, codified ordinance of the city of Elyria, Ohio, known as the zoning ordinance to rezone certain real property located at the northwest corner of chestnut ridge road and state route 57 aleria from residential one district to commercial district are there any proponents good evening please state your name and address for the record

Thank you, my name is Sean Brady. I live at Five Nine Cove Land in Avon Lake. I'm here tonight with Pastor Brian Noss of Vertical Church. We represent the property formerly known as Chestnut Ridge Baptist Church, located at the northwest corner of Chestnut Ridge Road and State Route 57 in Elyria. The site was annexed into the city from Eaton and Carlisle townships. This congregation has served that corner and this community for more than 60 years. The Board of Elders has made a deliberate decision to keep the property under local control. Their goal is an outcome that serves the church's mission and continues the goodwill this congregation has shown in the community. I've been doing development work and construction work in Lorain County for more than three decades. Over that time, I've worked through difficult sites and complicated projects and delivered outcomes that have strengthened the surrounding neighborhoods and the communities they serve. We are here tonight to advocate for the rezoning of this property. We are not asking for approval of a specific project. Rezoning is the foundation that will allow the city of Elyria and our team to work together at improving that intersection. We understand that the three corners are already developed commercially. Traffic studies have shown that congestion at 57 and Chestnut Ridge Road is a problem with or without any development taking place on our property. Commercial land use at this corner makes sense. Our interests are aligned with all the residents in that we cannot develop this corner until we have a solution to those traffic challenges. It was previously stated that the development of this property should contribute nearly $2 million towards traffic improvements. We are willing to use that as a baseline And hopefully we'll be able to put forward a project that substantially delivers more dollars with potentially less impact. We need the rezoning in order to do that. I know the fear that the public has is that once this property is rezoned, city council and the residents will lose their seat at the table in a say in how and when this is developed. The opposite is true. Rezoning is only the first of many approvals required before anything can be built. We are committed to being good neighbors and a strategic partner in solving the infrastructure problems at this intersection. We respectfully ask for your approval so that that partnership can begin. Thank you very much for your consideration.

Thank you. Are there any proponents? Are there any proponents? Are there any opponents? Mr. Lowry, please come to the mic. State your name and address for the record.

Jason Lowry, 149 Timber Ridge Drive. I'm here tonight to ask council to vote no on the rezoning for Chestnut Bridge property. I want to remind council of something that happened in this very room back in 2019. Bridge Point Commons. I sat in this room and watched council vote unanimously to oppose that project because council believed it was the wrong development for that location. But ultimately you couldn't stop it. The property was already zoned appropriately for the proposed use. Council had no leverage left. Those still sitting on council from 2019 should have learned something from that. Tonight, council has that leverage. You are being asked to rezone this property without council or residents knowing what is going there. We're being told there is another developer. Who is it? What are they building? What will the traffic impact be? And what does the development look like? As far as I know, Council has not been given those answers. Once you rezone this property, you don't get to pretend afterwards that you wish you had control. A few weeks ago, Councilman Phil Tillett said, Council has the obligation to rezone this property. Respectfully, I disagree. Your obligation is not to the developer, it isn't to the property owner, and it isn't to a deal that may or may not be exist. Your obligation is to the residents you were elected to represent. The residents of the third ward are not saying we oppose development. We are asking responsible development with a plan. So keep your, sorry, keep your leverage, demand a plan, let the residents see it, let council evaluate it, then make an informed decision. Rezoning first and asking questions later is backwards. Let's not make that mistake again.

Thank you. Are there any proponents? Opponents, I'm sorry. Are there any opponents? Come up to the mic. Good evening, sir. State your name and address for the record. Good evening, ma'am.

Philip Risk, 178 Sinesta. And I just wanted to say real quick If it's approved, I'm just hoping it would be something local, wholesome, and something we need. Like the project that was approved and they backed out, that was not something, in my opinion, we needed. And if I'm allowed to, Am I allowed to comment on the traffic situation as well with the rezoning?

Go right ahead.

Okay. Secondly, we must get another lane on the south side of Chestnut Ridge from the ice cream, Rito's, is that what it's called?

Rita's? I think it's Rita's.

Rita's, styrofoam ice cream. I won't go there. From the Rita's all the way to 57. Or how about we shorten the cost and just fix that curve that like sticks out from the car wash that in my opinion raises... all kind of problems for all the traffic there. It like juts out about five foot and I was told moving the storm drain and moving that pole five feet or something is no big deal. So that's all I have to say. Thank you very much for letting me speak ma'am.

Thank you.

You're welcome ma'am. Have a good night.

If you want to speak you come up to the mic. Please state your name and address for the record.

My name's Lou Perna. I live at 38641 Chestnut Ridge, about eight houses west of the convenience store. I've been there for 44 years, and I've watched as the traffic increased with every new business that opened up. and I can't see how anything that is developed over there is gonna help the traffic issue. I sit there in my house and I hear the sirens, I swear, almost every other day going down to the corner, either ambulances or police, And now I see a lot of younger families moving in along Chestnut Ridge, and they have little kids. And I think it's just a matter of time before one of them is going to get hit trying to cross Chestnut Ridge. I've had some people crash into my tree lawn and hit the telephone pole right in front of my house because they didn't see the line of cars in front of them when they had to stop. And trying to get out of my driveway at certain times of the day, I could spend up to 10 minutes just waiting to get out of my driveway when the traffic backs up from 57 to Wynn. And I don't see how adding another lane or anything, if you're gonna rezone and add more businesses into that, I don't see how it's gonna reduce the traffic at all. And then the other hit is on our property values. Who's gonna wanna live on a highway Because that's what's going to happen. If you start adding lanes, our values are going to plummet. And I just can't see this being a good thing. I ask you not to approve it. Thank you.

Thank you. Was there anyone else? Good evening. Good evening. State your name and address for the record, please.

My name is Eric Shively. I live at 236 Spyglass Drive, Elyria, Ohio. It's south of Chestnut Ridge in the Greenbrier development. My hope tonight is that common sense prevails. My question is, does voting for this rezoning parcel of land add value to the area? I would suggest that it doesn't. Currently, residents can cross 57, and they can find their fast food needs and their casual dining needs and other commercial options. And I just think that... ADDING ANOTHER COMMERCIAL ZONE THERE IS GOING TO CAUSE PROBLEMS FOR RESIDENTS, FOR SCHOOL BUSES, FOR THE SANTA PATIENT APARTMENT, AND THERE WAS AN EMT THAT WAS HERE THAT SPOKE A COUPLE MONTHS AGO ABOUT EMERGENCY VEHICLES TRYING TO GET ACROSS 57. I WOULD RESPECTFULLY ASK THAT YOU VOTE NO ON REZONING AND THAT LOOKING AT IT FROM THAT STANDPOINT THAT IT DOESN'T ADD VALUE TO THE AREA. THANK YOU FOR YOUR TIME THIS EVENING.

Please state your name and address for the record.

Good evening. I'm Jen Shively. I also live at 236 Byglass Drive. And I'm coming to you as a mom, a school teacher, and a former block watch coordinator from Ward 3. As such, I take the safety of our citizens very seriously. And it is for this reason that I want to address the council regarding the rezoning. It is clear in the GFT, which was the architecture and engineering firm that conducted the study of the area of Chestnut and 57, that traffic congestion is a problem and has led to 172 reported crashes during the span of three years. between 2023 and 2025. After evaluating crash data, it was determined that the largest proportion of crashes were rear end crashes and that these crash patterns were indicative of existing capacity issues. And this was taken from the Chronicle, an article written in June. More than once, I have personally seen people run red lights at that intersection because they didn't want to be patient enough to wait for another cycle to go. And as a mom of a new driver, that's terrifying, I'll just say. But despite these clear safety implications, there are limitations of the study, namely the full scope of the area included in the study. Shockingly, Dewhurst, the street housing, the Buckeye Car Wash and Lobbenthal Funeral Home was not included in the study. This is a major concern given this is an area of significant congestion. More than once, I have attempted to exit the car wash with nowhere to go because the traffic on Dewhurst is blocking the exit because they had nowhere to go. This is more than inconvenient. It presents a potential danger when the vehicle progressing through the car wash behind me is released off the conveyor and must move forward in order to get out but worries about getting rear-ended themselves. Both of these businesses require steady moving traffic and residents need safe means of travel. If people begin rerouting themselves in another direction that forces them into developments with children at play and this too is not a viable option. The study's recommended improvements included, amongst other things, widening Chestnut Ridge, and the overall project was projected to cost over $5 million. Now that loved developers have rescinded this offer, where would this revenue come from? It is necessary that solutions are put in place before any development can occur, given the existing problems have been noted for an extended period of time, and present safety hazards to our community. As with any project, careful consideration must be given to the cost-benefit ratio. And in my assessment, there is no greater risk to public safety and economic growth than executing a plan that increases traffic in an area that is already congested and poses danger to those traveling in this route. I would ask that you carefully reconsider the decision to rezone this area for commercial use until the existing traffic concerns are addressed. Thank you.

Thank you. Please state your name and address for the record.

My name is Diane Knott. I live at 38760 Chestnut Ridge Road. I'm here because I'm concerned about the traffic impact of this proposed development. Traffic is already a problem, as we already know where I live. There are times when traffic is backed up all the way to my house, and there are times when I have to wait as long as five to even 10 minutes to get out of my driveway. That's with the traffic we have today. I'm concerned about what is going to happen when you add more commercial development and more vehicles to these roads. Looking at the information provided for this project, I see that changes to the roadway and traffic signals are already being proposed, including adding through rains and changing signal timing. My concern is that I don't believe we should approve the rezoning without a thorough traffic study showing that the existing roads and intersections can safely handle the additional traffic. I understand that development can be good for the community. I'm not opposed to responsible development, but I believe the infrastructure needs to be able to support that development. And right now, I'm already experiencing traffic problems at my own house. I'm asking City Council to please take the existing traffic conditions into consideration and require a thorough evaluation of the traffic impact before approving this rezoning. Thank you for listening.

Thank you. Are there any other proponents? Mr. Grace, excuse me. Good evening.

Good evening. Thank you, Madam President, council members, other officials. Thank you for the opportunity for us to be here to speak before you. My name is Bill Grace. I live at 810 East Broad Street in Elyria. And I'm not necessarily an opponent of this rezoning, but I'm here to speak out of great concern. You're hearing from residents who live within a pretty narrow radius of this intersection. I think we can all vouch for the fact that a great percentage PROBABLY THIS WHOLE SOUTHEAST QUADRANT OF THE CITY OF VALERIA DRIVES THROUGH THIS INTERSECTION ON A REGULAR BASIS. IT IMPACTS A GREAT MANY MORE PEOPLE THAN ARE HERE THIS EVENING, MYSELF INCLUDED. I WOULD ARGUE, IN FACT, MR. TOLLETTE, YOU WERE CITED EARLIER BY ONE OF THE RESIDENTS IN THE COMMENT THAT YOU MADE A FEW WEEKS AGO. EXPECTATIONS WERE SET WHEN THIS LAND WAS ANNEXED INTO THE CITY THAT COMMERCIAL DEVELOPMENT OR APPROVAL WOULD LIKELY FOLLOW. I WOULD SUGGEST EXPECTATIONS ARE BEING SET HERE TONIGHT IN THIS REZONING IN THAT SO FAR AS WAS STATED BY ONE OF THE RESIDENTS THAT THE INTERSECTION OF DEWHORST WAS NOT INCLUDED IN ANY TRAFFICS ANALYSIS AT LEAST BY THE CITIES. And so far, the Chestnut Commons development was the initiator of this overall commercial development. It had its shortcomings, clearly. But then expectations followed with the development on what we'll call the Panera Corner over there. Nothing was done to improve the overall intersection. The car wash was built. Nothing was done to improve the overall intersection. One of the gentlemen mentioned that bump out. I call it a bump out there at Dewhurst Road. That needs to be addressed. But again, the expectations have been for the residents that all this development has taken place and nothing is being done by the city to improve this area. I would argue and suggest strongly that before you vote tonight, ON THIS THAT YOU, TO A PERSON, EXPRESS THAT YOU HAVE GREAT CONCERNS FOR THE TRAFFIC PROBLEM THAT EXISTS, THAT YOU'VE HEARD FROM ELOQUENTLY FROM MANY RESIDENTS WHO LIVE THIS AREA DAILY, THEY SHOULD BE PART OF A COMMITTEE'S EFFORT. I KNOW ON ROUTE 57 AND NEAR THE MIDWAY MALL ODOT TOOK LEAD OF THAT DEVELOPMENT PROJECT THAT INCLUDED WIDENING AND SO ON. THE CITY OFFERED A CITIZENS COMMITTEE THAT WAS INVOLVED IN THAT PLANNING EFFORT AND ODOT HEARD FROM THEM REGULARLY. I WOULD ARGUE AND SUGGEST TO THE CITY THAT YOU INCORPORATE WHEN YOU HIRE YOUR ENGINEERS TO LOOK AT THIS ROAD THAT YOU HAVE A COMMITTEE OF RESIDENTS TO PARTICIPATE AND TELL ANECDOTALLY THE PROBLEMS THAT THE TRAFFIC ENGINEERING NUMBERS DON'T SHOW. Again, and I'll finish with this, as far as expectations are concerned, the only thing I've seen, and I don't know if you've seen otherwise, but there's been a drawing proposed at that intersection and there shows minimal adjustment, a lane to the north, but it also shows the main intersection entry into this proposed development being west of Dewhurst Road. I think clearly any rational development there needs to have that entry, that intersection be in alignment with Dewhurst Road and have it be signalized there. And one of the other residents pointed out that probably an additional lane including that bump out needing to be remedied all the way to at least Defiance Road and perhaps a little further. So I'll finish by saying that I think you need to speak emphatically that you will give STRONG CONSIDERATION AND ATTENTION TO HOW THIS ROAD IS CONFIGURED AND THAT YOU GIVE THE RESIDENTS A SEAT AT THE TABLE DURING THE ENGINEERING ANALYSIS OF THIS. THANK YOU.

THANK YOU, MR. GRACE.

MADAM PRESIDENT, MADAM PRESIDENT, I JUST HAD A QUICK QUESTION, IF I COULD ASK A QUICK QUESTION TO THE FORMER MAYOR, REALLY QUICK.

NO, WE'RE GOING TO MOVE ON. THANK YOU. IS THERE ANYONE ELSE? PLEASE COME TO THE MIC. State your name and address for the record.

Hi, my name is Brooke Shanks. I live at 466 Bayberry Drive. We have been there for about two years. Before moving back to Elyria, where I was born and graduated high school, we lived in Milford, Ohio. I served on the Board of Zoning Appeals there. I remember the town attorney telling me to be conservative when you're approving variances, that if we are approving too many variances, maybe the laws should be changed. So I don't understand why the zoning codes were just updated, and if you are aware this property was wanting to be developed, why they weren't changed when the zoning codes were updated. Why are we approving this ordinance now, or this amendment now? And yeah, especially when a lot of the community doesn't seem to support it. So thank you for giving me a minute.

Thank you. Good evening. Please state your name and address for the record. Hold on until you get to the mic. Thank you.

Taya Gilchrist, 543 Oakdale Circle. I live in the area, obviously, surrounding the proposed development, and I want to be clear that I'm not opposed to new business or responsible development, but as has been stated by other people, my concern is the traffic. The roads and intersections we currently depend on are already congested and, in my experience, unsafe. We see accidents in these areas far too frequently. Every time I send a family member to that area, I feel like I'm hearing sirens and having to call or check on them to make sure that they're not the ones in that intersection. My concern is that we're considering adding significant commercial traffic before those existing problems have been adequately addressed. I also worry about the transition. Even if new roads or lanes are eventually planned, those improvements could take years. In the meantime, residents may have to find alternative routes to get to work or to just continue with their daily lives out and about. A lot of times in that area, that means getting to the intersection of South Abbey and Broad Street, which would then become the congested problem. That doesn't eliminate the traffic problems though. It simply moves it to another intersection or another neighborhood. I would ask council to make sure that there is a clear plan for addressing the existing traffic pattern and for keeping residents safe during the transition before moving forward with additional development. My husband and I are already considering eventually moving outside of Elyria, and the uncertainty surrounding this development makes us question whether we should make that decision sooner. We want Elyria to grow. We just want it to grow safely and responsibly. I urge you to vote no.

Thank you. Are there any opponents? I could speak if you'd like. Please state your name and address for the record. That means I get to bang the gavel again.

My name's Gary Toitch. I live at 737 Carroll Lane, Elyria, Ohio. My problem is coming up Defiance to Chestnut Ridge at 3 o'clock in the afternoon on a Tuesday, it takes me 10 minutes to make a left-hand turn onto Chestnut. Sit through two lights before I can even get to 57. Now there's some times after 5 o'clock going that way, I don't get out for 20 minutes because of the traffic. Plus you have traffic coming down Defiance to Carroll Lane, cutting through to get over to Abbey, and they use it as a speedway. They don't do the 25 miles an hour. They don't stop for the stop sign at Carroll and Defiance. I have to inconvenience myself to go to Walmart at certain times of the day. I have to go down Carroll Lane to Abbey, up Abbey to Broad, and take Resa Road over to get to Walmart because it's so congested I can't get out. Now, the problem is the traffic's got to be settled before you put any kind of development in there. And that's all I have to say. Thank you.

Thank you. Is there anyone else? Quickly, please.

Why was the traffic study accepted without Dewhurst considered? That's my, who accepted it and said, okay, we'll pay you all this money. Why didn't you include the problem area? That's all I got to say.

Thank you, through you, Madam Chair. These are valid questions. However, the time for the public hearing is for proponents and opponents to make their voices heard, and those questions would need to be directed to the administration. This was not something that council commissioned.

Thank you.

I have a question.

However, I'm sorry I didn't mean to cut you off. It is obviously something that has been brought to the attention and should be considered by council as they make their decisions.

Sure, through you, Madam President. I too have just one quick question. And I'm wondering, shake your head yes or no, former Mayor Grace, if when you were mayor, you ever had a traffic study done where the engineering study or the traffic study didn't include critical area roads like Dewhurst, for example. Shake your head yes or no. Okay, I'm seeing you for the record shaking your head no. That's kind of what I thought I'd see. You were mayor of the city for eight years and you've never seen a traffic study conducted like that. I just wanted to check. That's all.

I declare this public hearing has been held.

An ordinance amending section 11902, codified ordinance of the city of Elyria, Ohio, known as the zoning ordinance to rezone certain real property located on the northwest corner of Chestnut Ridge Road and State Route 57 Elyria from residential one district to commercial district.

Mr. Schneider.

Madam President, I ask that this ordinance be passed in its third reading.

Second.

It was moved and properly seconded. Is there any discussion? Mr. Doney had his hand up. Mr. Doney. Thank you.

Through you, Madam President. This proposed development is located within my Ward 3, which I represent. I want to make sure one thing's clear from the beginning. I'm not opposed to development on this property. I'm opposed to approving development before we solve the traffic problems that five separate traffic studies have identified in the past 10 years. The city's own studies have repeatedly identified this corridor as having existing safety, capacity, congestion problems, and the newest study doesn't eliminate those problems, it documents it. Additionally, road improvements to accommodate only the development THESE ROAD IMPROVEMENTS WILL ONLY BENEFIT THE DEVELOPMENT, NOT THE SURROUNDING AREA. THE 2025 CHESTNUT ROAD TRAFFIC STUDY CALLED OUT PROBLEMS AT DEWHURST AND DEFIANCE INTERSECTIONS. HOWEVER, THE LATEST STUDY OF THE 2026 LEAVES BOTH DEWHURST AND DEFIANCE OUT OF THE STUDY ALTOGETHER. WHY IS THAT? 2025 found the problem, 2026 left it out of the study. Defiance is already projected to operate at a level loss of service graded as an F without the project. That's defiance without having any work done there, it's already at an F. The proposed development adds more than 400 peak hour vehicle trips. That's twice a day, 400. and the burden should not be on the applicant to demonstrate that the necessary transportation improvements are fully designed, funded, and constructed, not on the existing residents to absorb the consequences and the cost. At the end of the day, the most recent traffic studies illustrate the new traffic pattern will only benefit the development access and not improve the surrounding areas. It says that in multiple reports. FOR THIS REASON, I THINK WE SHOULD CONSIDER ESTABLISHING A DEDICATED TRAFFIC STUDY GROUP FOR THIS CORRIDOR IF THIS PASSES TODAY. THIS WOULD ALLOW FOR MORE CONSIDERATION PUT INTO THE CURRENT AND FUTURE TRAFFIC CONDITIONS IF A COMMITTEE WAS PUT TOGETHER TO ANALYZE IT INSTEAD OF JUST HAVING ONE OR TWO PEOPLE LOOKING AT THIS AND DESIGNING IT. THAT'S ALL I HAVE. THROUGH YOU.

THANK YOU, MR. DAWNEY.

Through you, Madam President, the speaker was right. I think it is city council's obligation to repair that intersection and spend the millions in excess of five millions that it will cost. Very important, and it's important that it happens before the project is completed so it's operating properly. The way to pay for it, though, that we have to take into consideration is through the new project. I 100% support that all these things happen before the new project would open. That's not what we're voting on tonight. We're not voting on Uh, what's going to be built or how it's going to be built. All we're doing is voting to accept the annexation that was requested of this committee. We didn't go to them, excuse me. Um, so I will be an advocate for this because it generates a tree. It has the potential to generate a tremendous amount of income for the city. And contrary to popular belief, there wasn't a traffic study done. There were two traffic studies done. There was a traffic study done by the previous developer and a traffic study done by the city of Elyria's engineering firm. And they both came together and said, yes, this will work. I support our employees. I think we have the best engineering department that there is. So I will continue to support this project. Thank you, Madam President.

Thank you. Mr. Libyan.

Through you. Thank you, Madam President. I understand this to essentially be we're not building a plane to take off at the runway, but we're building the runway so that a plane can take off there. To me, it looks like getting the runway prepped and ready for development that, from what I hear from residents, is not prepped and ready for. I've long argued for a roundabout at the corner of Abbey and Chestnut years ago when then Campanellis lived there and they'd gotten about five cars crash into their house. I was rebuffed by this council and by engineering. And now we find ourselves here at this moment where we're going to approve a runway for development that honestly the digestive system of that traffic area just cannot absorb in my opinion. So I hear the residents. I wanna thank everybody for speaking. The voice of the people really matters at the end of the day. Even if the council doesn't ultimately go your way, your voices were heard and they do matter. That's all I wanted to say.

thank you mr snyder thank you madam chair through you uh thank you residents for coming out and speaking tonight um this project is does potentially give the city a means of financing some tiff traffic improvements down the road so we can we're not set to any traffic study engineering department can help make those determinations but i am in agreement that maybe a traffic committee is is definitely needed. And I do think, unfortunately, we have four corners of commercial and this proponent is the last one to the table and they shouldn't be held against a commercial zoning because they were the last one to come forward and request commercial zoning. It's a commercial rezone. It is not, we're not passing a traffic, we're not passing a subdivision plat or anything of that nature. Tonight is just the rezone of the commercial property. Thank you.

Thank you. Is there anyone else?

THROUGH YOU, MADAM PRESIDENT. I JUST WANTED TO ADD THAT WHILE I WAS DOING THE RESEARCH FOR THIS PROCESS, I VISITED 100 HOUSES, AND EVERY SINGLE ONE OF THOSE 100 HOUSES SAID THEY DID NOT WANT THIS. NOT ONE PERSON WAS FOR IT. Every single person, I must be up to, I don't know, maybe 1,000 people at this point. And I would say out of 1,000 people, I've had maybe five say, I want Chick-fil-A. That's all they ever say, I just want Chick-fil-A. So as council considers voting for this tonight, just consider the fact we're not voting it down to keep it out of the town, we're just voting it down to have some more time to do some planning and to look ahead at this project. This is a very important project. We have screwed this up for three or four projects before this, and I don't want this to happen in my neighborhood. We're going to own this for five, 10, 20 years now, and I don't want that to be on my shoulders. I was voted in to represent the people, and the people in my ward, Ward 3, are 100%, 90% saying they do not want it. That's all I have.

This is Roth Gary.

Oh, thank you, Madam President, through you. Well, I live in this area. I think I mentioned that before for the folks that have spoken or in this area. And I have to disagree a little bit, Councilman Doney. I've spoken with hundreds of people over the last probably six months. 90% want something there. It's congested, yes. Yes, there's traffic studies. Yes, they are going to take care of it. Wasn't built in a day. It's been like this for 20-some years. There's a lot of folks, I know they're not here, but they really want things done there. Thank you very much, Madam President.

We do not do that. Thank you, Mrs. Calvert.

Thank you, through you, Madam President. First off, I just want to let everyone know that Mayor Brubaker wished he could be here tonight. He had surgery this morning. He's doing well. It was a pretty major surgery, so I just wanted to make sure that was on the record, that he wished he could be here tonight, but unfortunately was not able to make it. I also want to acknowledge all of the residents who came up to speak. You provided very thoughtful comments and we do appreciate that and take it into consideration as we're making decisions for this area. i did want to mention i think one consistent thing we all agree is that there is a traffic issue we both studies from love retail and the cities have indicated that that's true we do have a traffic issue there and the administration is committed to moving forward with finding solutions for that so we are working very closely with engineering to see what we need to do to make improvements to that area. The issue of the development that the rezoning is being requested for tonight is a little bit, I would say, in addition to the existing traffic issues. So it's something that needs to be taken into consideration as we look at any improvements for that area. However, we don't know what that development is today. So we cannot plan for that specific development knowing with 100% confidence what's going to happen there. So I just want to make sure everybody's aware of that. The one thing, the positive that Mr. Brady put forward today, which I think may not have been heard completely when he was speaking, is that he is guaranteeing a minimum of $2 million from the development at that site to go towards any traffic improvements. So we have that commitment for what's going to happen there. So I just wanted to make sure and clarify a little bit what the administration's position is, that we do support that area, we want to see improvements made, and we want to do it thoughtfully.

Thank you. Mr. Libyan.

Thank you. Through you, Madam President, I want to compliment the shoe leather that was dispensed of from Mr. Doney to go door to door in his ward in the immediate area, to check in with his residents, to do his own poll, to put out his own literature, to welcome people to come to the meeting. I have rarely seen a councilman on this body take such an active role in communicating with his residents. And Councilman Doney, you've not even been on council a full year, and I just want to say I'm impressed with what you've done. Absolutely, he deserves that. And I'd just like to say I listened very carefully to what Councilman Doney said. He said he spoke to about 100 people in the immediate area of this development where it would go, correct? Knocking on doors. And then a disagreement came from a colleague saying she's spoken to hundreds of people herself. not necessarily in the area of the development. I listen very carefully to omissions. If there's an omission of a road in a traffic study, I notice it. If there's an omission of specificity in a statement, I notice it. Also, I'd just like to point out that ultimately what this comes down to is does the good of the whole override the good of the part? I believe, Councilwoman, Everybody's so new. But I believe Councilwoman Rothgary when she says that she spoke to many other residents. I do believe that. And I'm sure that they do want something there, probably because they don't transit over in that area and have to fight that traffic. They probably would love to have a Chick-fil-A that they could wait 10 minutes to access, but they don't live there. And Ward 1 is going to get people speeding through and cutting through our neighborhood when this goes in. We already have traffic problems over in Ward 1, and I'm not looking forward to exacerbating those. But the good of the city with the economic development over there, does that, given our budgetary shortfalls we're dealing with, does that override the good of the people that live there and the Ward 1 residents that are going to suffer from the increased traffic and cut throughs? And I don't think that it does. Ultimately, do the ends justify the means? I don't believe that they do. And I think we're unfortunately going to be proven right at the end of the day.

Mr. Van Warmer. Just one last thing I wanted to address. Ms. Shanks had the question about the rezoning. Law Director, correct me if I'm wrong, but the reason that that rezoned or that came in through annexation as residential one is because that is the most restrictive zone and it is required in our bylaws when receiving annexed property that it go into the most restrictive zone, is that correct?

Through you, Madam President, yes, Mr. Van Warmer. Whenever property or parcels, I should say, are received into the city, automatically the zoning assigned to those parcels is the most restrictive. So it automatically would go, in this case, to Residential 1, and any change to that use would need to be done through the rezoning process.

Thank you. So it wasn't done as an afterthought to put it in the, it was required by our bylaws. Yeah, you're welcome.

Madam President, I'll call for the question.

The question has been called. On the passage, all those in favor say aye. Aye. Opposed? Nay. Let the record show we have two nays. It passes, thank you. Can I get approval of the minutes, please?

Sorry, through you, Madam President, we need the ordinance number from clerks, thank you.

Ordinance number 2026106.

Thank you. I apologize. Can I get approval of the minutes, please?

So moved.

Second. It has been moved and properly seconded.

Madam President, I do have a discussion on the minutes, if I may.

Mr. Lippian.

Thank you. Through you, I noticed an omission on the minutes, page number 14, first paragraph, when it says council member Lippian asked the city would replace a TIF agreement on the sewer. And it does mention that it was pointed out that that was outside of our FPA and that we wouldn't be able to do that. But what was omitted was when I responded and asked if the county could do that. And Don Calvert said, yes, the county could, at which point the crowd erupted in applause and Madam President reigned in and restored order. None of that is in these minutes. I think that might have been an omission, accidental or otherwise, but it probably means that we should not pass the minutes today until that's included.

Thank you, Madam President. That is one option. Another option would be if Council could opt to approve the minutes with the suggested revisions of Mr. Libyan.

Does the motion concur? The motion concurs. Does the second concur?

Thank her. A question, Miss, if I may. Would that be added to the final version of the minutes so that we could see the amendment after passage?

For you, Madam President, again, that would be between council and the clerk's office, which you employ. So I don't make that direction, but I would think that that would make sense, yes.

Okay, and then in that case, would we repass it or would we just get the final copy?

THROUGH YOU, MADAM PRESIDENT. I THINK THAT GETTING THE REVISED COPY ISSUED WOULD SUFFICE SINCE YOU HAVE ALREADY PASSED THEM WITH THE REVISIONS. THAT'S ACCEPTABLE.

THROUGH YOU, MADAM PRESIDENT. THANK YOU.

I'M SO SORRY. DID WE VOTE ON THAT? NO, WE HAD NOT. WE DID NOT. BUT WE CAN. OKAY. ALL THOSE IN FAVOR OF APPROVING THE MINUTES WITH THE REVISIONS MR. LIPIAN SUGGESTED AND A FINAL COPY TO COME, CAN I GET ALL THOSE IN FAVOR SAY AYE. AYE. OPPOSED? MOTION CARRIED. Remarks and reports from city officials. Sitting in for Mayor Brubaker is Assistant Safety Director Mr. Lesh.

No report tonight.

Thank you.

Madam President.

Mr. Talaat. for Mr. Lesh, for the entire administration, and for Mr. Pileski. This week we received, the financials came out from Mr. Farrell, sent them to all of us members on council. We had a continuation general fund carryover in excess of $18 million, and our budget, continued over from 27 million to 27 million within a half a percent. I have to give the highest commendation to the Brubaker administration, both of you sitting there, and Mr. Pileski for the fiscal responsibility that you've shown. And thank you. Thank you, Madam President.

Thank you. Through you, I do have one question for Interim Safety Service Director Jay Lesh. There was some work done in Ward 1 where they had, I think, installed some water meters and they disturbed some of the earth and they planted seed that is just very bad. It's putting out weeds and they've shown me pictures. It's very bad. I know in some cases you've sent a couple crews to try and touch up. some of those patches with, I'll just call it weed seed, but there's still a couple remaining and some of those weeds are noxious and we should probably take care of them. So if I may just get some assurances from you that all of those people whose yards were disturbed will see remediation.

We're in the process of taking care of that right now through the contractor, which is Spear Brothers. Any ones that you have, contact me, send me an email and I'll get them taken care of.

Thank you, sir.

Thank you. Assistant Safety Service Director, Mrs. Colbert.

Thank you, no report tonight. Just wanted to reiterate, I know I shared earlier, Mayor Brubaker is out of the office. We're gonna try and give him as much space and time as he needs to heal. We're probably gonna have a hard time keeping him off of his phone, but just wanted to make sure you all knew that Director Lesh, Director Strozak, and I are all available should you need anything while he is out, and I'm happy to answer any questions you have.

Any questions for Mrs. Calvert? Thank you. And he's already been on his phone. Law Director Deary.

Good evening. Through you, Madam President, I do not have any announcements, but I'm available for questions either now or when you think of them.

Mr. Lithian.

Thank you. Through you, Madam President, is it possible to get an update on what we call the old friendlies building, Madam Law Director? Through you, Madam President.

Yes, Madam President, I have no new updates. The last time I checked with the building department, which was fairly recently, no permit applications had been submitted and the property owner and the tenant are still out of compliance and are subject to further legal action.

Thank you. So, Law Director Deary, we are waiting on the owner of the building to pull the permits?

Without getting too far into the rabbit hole, and obviously because there is potential legal action that could follow, there is some work that has been done without any permits being pulled, so that is subject to then retroactive permits being pulled. I believe that Attorney Craig, now as well as myself, we have had decent correspondence with the legal representation for both the owner and the tenant. However, I don't have anything recent to report as far as any progress that has been made at the building. Thank you so much. Not to put him on the spot, but I do see that City Planner Schoenig is here, and I do believe that as far as design review and also plan reviews, there may be some new information, and that I'm not privy to because it wouldn't go through the law director's office, but again, I know that that's kind of on a separate track.

Mr. Schoenig, would you like to speak?

Thank you, Madam President. Through you, at this time, we have no updates for the friendlies. We have had correspondence with them. If I can reach out to them freshly to see if they have an update regarding the site plan that was needed to ensure compliance, and if any variances are needed, I will reach out to them tomorrow.

Thank you. While you are there, hold on. Do you have a question regarding this?

Just briefly. Just if I could be looped in on the communication and the meeting, that would be great, please. Thank you. That is all.

You might as well give your report while you are standing there.

No report.

Thank you so much. Thank you.

THANK YOU, MADAM PRESIDENT. NO REPORT THIS EVENING, BUT HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

ANY QUESTIONS FOR THE FINANCE DIRECTOR? THANK YOU, SIR. POLICE CHIEF WALSH. ANY QUESTIONS FOR THE POLICE CHIEF? THANK YOU, SIR. FIRE CHIEF VARGO. MRS. DAVIS HAS A QUESTION FOR YOU.

Yes, ma'am.

Through you, Madam Chair, I know you know that there are so many questions. I'm still at a loss, at the loss of my hotel, brand new. Are there any updates? People ask me all the time. They still want to know what happened or what could have happened to bring it to such devastation.

Yes, ma'am, through you, Madam President. Right now, currently the investigation's ongoing to see if it's civil or criminal at this time, okay? So it's in the state fire marshal's hands. What we can talk about or discuss is the fact that there are about 30 subcontractors. Of that, each one of their insurance companies has a right to an investigation. So what that means is there's a lot of people involved and we're being told This can be extended over an extended period of time, as early as three months, as long as a year, as they start to sort through all these contractors and try to tear down the building and find some answers. But really where this sits at is whether it's civil or criminal at this time, and there is no outcome as of yet, ma'am. I wish I had more information. I would give it to you if I did, but unfortunately, ma'am, I do not. But I am sorry for the loss in your ward, and my heart goes out to them, okay?

Thank you. Chief Fargo, so did I hear you say that they really can't tear the building down until all of the investigations are done?

That's correct, ma'am. So what will happen is they'll go in sections because they want to make sure that they're gathering the appropriate evidence. And so they were recently able to get an engineer into the structure to secure it, to make sure it was safe for investigators to go in. Once they've done that, they will begin to take down parts of the structure in order to determine a cause and origin.

Thank you. Mr. Oswald.

Thank you, Madam President. So a couple days after this happened, I did have a long, lengthy conversation with our Fire Marshal Gall, and he filled me in on a lot of stuff you were talking about because nobody can fathom what is actually going on with what they're trying to digest and what's happened. And the investigation, like you said, on every single person that was in there, every contractor, if there was somebody that happened to just roll in there and had a cigarette. But the thing he was saying that was interesting is there's a money marker. If it was under so much millions, we would handle it. But as soon as it's over so much money lost, it kicks into state. So is that correct? Then they come in and they do the whole... the research on it, but it's going to be a long time until it happens. That being said, talk about your heart goes out. The comments I was getting on Facebook, unbelievable. I want to just turn around and smack people for making comments. These people have put their life into this building, and all of a sudden, it has a fire, and they want to already say, oh, yeah, it was arson, and they did it. You know, I got so tired of hearing that. I know. That was disgusting. That's our residents that are making those comments. And to the Patel family, I apologize for what they have to go through with this. Thank you. Yes, sir.

Thank you. Any other questions? Mr. Lippian.

Through you, Madam President. I just want to echo what Councilman Oswald said. And remember, they said the same thing when Uncle Vic's burned. And it wasn't right then, and it's not right now. Thanks for saying that.

Thank you. Any other questions for Fire Chief? Thank you, sir. Thank you, Madam President. To the engineer, Mr. Snyder.

Thank you, Madam President. Just wanted to give a quick update on some of our resurfacing projects. In regards to the street resurfacing, we're about a third of the streets have the final course on top of them. So all the streets have their intermediate course. It's just about 20 of them left that need surface at this time. And that will complete as far as the asphalt portion, but there'll still be adjustments and handicap cramps, things of that nature to follow. which I believe some of the adjustments start this week. In regards to Ohio Public Works projects this year, West Avenue, Washington Avenue, and Taylor Street, all three of those are complete as far as asphalt. I believe they are finalizing the construction both the adjustments and the pavement markings as well. Most of the pavement markings are down at this time, but a few of them still need some more. Griswold Road, we're about three quarters of the way done with that concrete portion of that road. So hopefully by the end of the week, that one will open back up as far as that goes. There'll still be some pavement markings and some crack sealing that need to be done, but we'll be able to open it back up in the meantime. And as far as, also, Maria Ridge, we did receive a, our environmental clearance. So we are now good to proceed with the PS&E package to ODOT, which will take another 30 days probably. And as soon as that's approved, we'll have federal authorization to bid it out. So there's still hopes for this year, SLIM, but there's hopes.

Just broke my heart. Mr. Snyder.

Thank you, Madam President. Through you, Mr. Schneider, thank you. I know when you had come in and said we were going to be redoing Abbey, one of my concerns to you and Engineer McKillips was, are we going to have this done before school started? And boy, did they have it done just in the nick of time before school started. I think they were opening the lanes up the weekend right before school went back. So that was amazing timing. I know weather worked, but kudos to you, your team, the contractor, because that was a big deal to get that done in time for Northwood to open. Thank you. And the college.

Mr. Oswald.

THROUGH YOU, MADAM PRESIDENT, AND ENGINEER SNYDER, YOU CAN CHIME IN AFTER I SAY SOMETHING, BUT I KNOW THE MAYOR HAS BEEN WANTING TO LOOK AT THE SQUARE AND EVERYTHING, THE NEW SIDEWALKS, ALL DONE FOR THE APPLE FESTIVAL, AND I KNOW EVERYBODY ELSE WANTS THAT, BUT YOU CAN'T FATHOM THE PROBLEMS THAT THEY'RE RUNNING INTO OVER THERE AS FAR AS TRYING TO GET THOSE SIDEWALKS FIXED. things crumbling underneath it because there's basements elevator in front so it's a nightmare over there and i know he wants to make it look good for the apple festival so if you'd like to continue on what i was mentioning i know they're working hard and trying to get it done but i don't know we are thank you through you through the chair uh we are trying to get that done as expeditiously as possible because of the

APPLE FESTIVAL COMING UP. UNFORTUNATELY, WITH THESE OLD COAL ROOMS IS REALLY WHAT THEY ARE FROM YEARS AGO. THERE'S A NUMBER OF THEM UNDER THE SIDEWALK AREA. AND WE KNEW THEY WERE THERE. WE DIDN'T KNOW HOW FAR, HOW DEEP DOWN THEY WERE. UNFORTUNATELY, UNTIL YOU UNCOVER THEM, YOU REALLY DON'T HAVE A CLUE OF WHAT YOU'RE REALLY GETTING INTO. SO WE'RE TAKING CARE OF THOSE AS WE GO. AND IT IS A CHALLENGE.

Thank you. Through you, Madam President, question for Engineer Schneider. It's great to see projects progressing. Safe routes to school is happening. We're seeing new sidewalks put in and I'm really excited about it and so are our residents. I just wanted to double check. I noticed most on the plans, most of the sidewalks were slated for the Prospect side, but I didn't see a lot of orange barrels. Is that because you're going to get to that part next and you're gonna take care of the Garford side first so that the project has sidewalks available for travel? I just wanna confirm that.

So through you, Chair, my understanding, this is Kathy's project, but from what I was told, they are working from the one side, working around as much as possible to try to get enough uncovered so that they can pour as they go. They don't want to obviously open up everything at one time, pour at one time, but they do plan to pour as they go, and that is the intent. So they will be moving around, and there are three schools that were working or will be working as part of this.

Excellent, and then just a quick follow-up, if I may, Madam President, through you, estimated completion day.

I'll have to get back to you on that one. Okay. We'll get it. Thank you.

And this is Roski.

Through you, Madam, excuse me, Madam President, Engineer Schneider, with all the talk of traffic, have we given any consideration with East Broad and 57? And why I ask that is, you know, we're talking about different routes, and that is pretty congested there. even going to like Ternus or Reser Point?

It is on our radar. Unfortunately, right now it's on hold. I know years ago we actually had it set up to complete the project, but unfortunately it fell through at the last minute. But it's definitely one that we need to work on. I know the traffic light at Abbey and East Broad there is – PRETTY ANTIQUATED. I BELIEVE IT HAS LIKE SIX INCH LENSES UP THERE IN SOME LOCATIONS. SO IT'S DEFINITELY NOT TO CODES AND TO STANDARDS. AND IT'S ONE THAT WE DO PLAN ON GETTING ON HERE WHEN WE GET SOME FREE TIME. THANK YOU.

MR. SNYDER, I KNOW THAT YOU SAID MURRAY RIDGE MAY NOT BE THIS YEAR. PLEASE TELL ME YOU'RE JOKING.

Unfortunately, I'm not. When we bid this out, we're going to have to bid it out to a point of, we're gonna give the contractor the ability to either try to get it done this year or next year, whoever the contractor is, will hopefully be one that's aggressive and is hungry and has men available and we'll get it done this year. But unfortunately, it's one of those things we just can't try to shoehorn it into this year 100% and get caught by weather and the asphalt plant's closing and not get to it. So the last thing we wanna do is open it up and not close it up at the same time, so.

Let's hope we get a contractor who's aggressive and can get it done this year. Please.

We'll do our best.

Thank you so much. Any other questions from Ingenier Schneider? Thank you, sir. Mrs. Phillips, I did not get a president's referrals and remunerations. I didn't get one. Oh, I have it. Never mind. Number one. To finance, number two, finance. Number three, finance. Number four, finance. Number five, finance. Number six, finance. Number seven, finance and utilities. Number eight, finance and utilities. Number nine, finance and utilities. Items 10 through 12 received and placed on file in the clerk's office. Thank you. Petitions and remontances from the lobby.

There are a couple. Cam Rodenhamel.

Good evening. Please state your name and address for the record.

Okay, on Road Hamel, 133 Harvard Avenue. Tonight what I want to bring to your attention is about a dog attack that was done on our street on August 25th. The appropriate people were all called. The police were called, not by the owner, but by a neighbor. It was a gentleman that was walking down the street and he was attacked by a pit bull that ran off, you know, out of the yard. The police came, an ambulance came. The girl that lived there pulled the dog off and called it back. They hid in the house, they would not call the police, they would not do any type of first aid for the gentleman that was knocked down and bitten. Now I did not witness this, this is coming from a neighbor, but police reports were made. The police were asked if they would call the dog warden. The officer said not at this time of day because the dog warden wouldn't respond. The next day, the party that went to the aid of the victim, the dog warden told them that it's not our responsibility, it is up to the police. They called the health department at my suggestion. They were told that this is the second time the dog had bitten someone that month. The dog was in quarantine. The people were supposed to go and call back to the health department and never did. Okay, so you have that. I brought it to the attention of Ward 1 communicator Deb Brady. She called, I think she talked to you, Chief. She said she called the chief of police. She also called the dog warden. There was no response. Okay, the gentleman had to go to the emergency room. He has no insurance. The people that live there are renters. The dog was supposed to be in quarantine again, but someone saw them out running in the yard the other day with no muzzle or leash or anything. We have a lot of small children living in the area. Whose responsibility is there? There's a law that was passed in March of this year signed by Governor DeWine regarding Avery's Law about keeping a vicious dog. I mean, I wouldn't walk down that street, on that side of the street, for fear that dog is gonna be running out. Whose responsibility is it? Seems like no one wants to take responsibility on something like this. There was another dog attack, I believe, over the weekend out in Elyria Township. So, I mean, if you want this happening in your ward, let it be. But something has got to be done about people that have vicious dogs.

Chief Wells, may I ask you to speak with the lady after the meeting? Just have a conversation with her. Thank you. Mr. Libyan?

Thank you. Through you, Madam President, thank you, Ms. Roadhamel, for speaking. I just want it stated for the record that I brought to council maybe a year, maybe two years ago, the idea of getting an animal control officer at the police department, because I believe we do have space in our budget for it, but it's an unfilled position. At the time, I believe it was Councilman Phil Tillett who said the county is doing a fine job managing animals and we should let the county handle it. This story is in contrast to that opinion. I would like to re-explore creating a animal control officer. Perhaps that's a conversation I can be looped in with the chief of police. Anything we can do to try and exert some control over these issues, and this isn't the only one, because I've gotten a lot of animal control issues in Ward 1. My opinion is we should start with a conversation about filling that vacant position for an animal control officer. I just wanted that stated.

The other thing I wanted to mention is my neighbor tonight sent me a text message saying that the dog is in these people's basement in a cage, and all it does is barks all day long, which is a form of animal cruelty. So, I mean, if you approve of vicious dogs, that's fine, but I don't want it in my neighborhood.

Thank you.

Thank you.

Chief Walsh will have a conversation with you. Mr. Lippian, if you'd like to make a referral on that, you may.

I would, Madam President. Thank you.

Thank you.

Mo Shenawi, 321 Alexis Drive, Boza, case 202623.

Point of order, just to confirm, Madam President, that was a standing referral, right? I don't need to do a form. Through you, Madam President, what standing referral are- Verbal standing referral to bring up to probably utility safety and environment for the discussion of filling the position of animal control office.

Well, through you, I think it would also probably need to go to finance as well, if it's a budgetary issue.

but it's a standing referral. I don't need to submit a form. I just made the referral.

I would suggest making a, no, I think it would need to be a submitted referral.

Okay. We apologize, sir. No, it's fine. Please state your name and address for the record. Good evening.

My name is Moshe Naoui. I live at 321 Alexis Drive, adjoining 327 Alexis Drive. I also work in Elyria for Parker Hennepin. I run one of their plants. I'm here regarding Board of Zoning Appeals case 2026-23 and the variance approved for the approximately 2,160 square foot barn on that property. I have two main concerns. First, my understanding is that building was presented and approved for personal storage. My concern is what happens if they use later changes to vehicle repair or other business activity. A change in use like that could create additional noise, traffic, and activity in our residential neighborhood. I would like to understand how the city will ensure that the actual use of this building remains consistent with what was presented during the zoning process and with the residential zoning requirements. If the use changes, what enforcement process will the city follow? My second concern, the notice process. I did not receive the mail notice for the July 16 zoning hearing, and another adjoining property owner told me he did not receive it either. As a result, we were unaware of the hearing and had no opportunity to attend, ask questions, or provide input before the variance was approved. My question is when adjoining property owners do not receive notice and therefore lose the opportunity to participate, what corrective process is available to them other than pursuing a legal process which is going to cost thousands and thousands of dollars to appeal that decision? My goal is not to create a personal conflict with my neighbor. I'm asking for transparency, meaningful public participation, protection of the residential character of our neighborhood, and consistent enforcement of the city's zoning requirements. Thank you for your time.

Thank you. Mr. Shonick, I guess we're confused because we don't know what you're talking about. Mr. Shonick?

Thank you, Madam President. The variance case that was discussed to all of you was regarding a pole barn constructed off of Alexis Drive. The pole barn, the variance that was sought for the pole barn exceeded height restrictions in our applicable zoning district, which is limited to 15 feet. The variance was for a variance of three feet to construct the building, I believe, at 18 feet. In getting with our inspector at the time, it did not exceed coverage requirements of the significant size lot. To address the gentleman's concern, the first component of his concern being the potential change in use of property. Any sort of automotive repair is not permitted in a residential district, of course. and I would not consider that akin to a home occupation. Traditionally, home occupations include grooming, dog grooming, lawyers, people that are working out of their home. That is traditionally a home occupation. Any sort of automotive repair that would be completed at this property for commercial purposes would not be zoning compliant, and we would issue a zoning violation letter, essentially. The second component of the gentleman's concern is regarding noticing requirements. I got with our secretarial staff after these were sent to ensure compliance. Unfortunately, we do not send these certified mail due to the significant costs. That is eight some dollars per mailing. Now, of course, that can be amended if we were to change our general fee schedule, but that is our current procedure. That involves just sending it to the adjacent and across the street property owners. We did have the list. The gentleman's property was listed per the secretarial staff. That is my confirmation on my end. I cannot speak for the United States Postal Service. That's pretty much all I have regarding those two concerns. Thank you.

Thank you, Mr. Schoenig.

Diane Jackson, 12050 Oberlin Road. Annexation, oh, maybe this was supposed to be taken out. Today. Oh, Amherst Township.

Is Ms. Jackson in the audience? If not, we'll move on.

Carol Holbert, 440 Olivet Drive. She wants to thank her councilperson, Kenny Oswald.

Good evening, Ms. Hobart. State your name and address for the record, please.

You got it.

Thank you. Carol Hobart. I live at 440 Olivet Drive. This has been a very emotional meeting, so I'm going to add some levity to it. I want to thank my council person, Kenny Oswald, the paving crew, and the engineering department. My street looks beautiful. I've never seen it look so good. My 82-year-old neighbor is very excited because she can now go out with her walker and walk up and down a smooth street. Thank you.

Thank you.

That's it. Thank you.

Petitions and remontases from council members?

There are none.

Standing reports, excuse me, reports of standing and special committees?

There are two. We have considered the matter of a Class D IV liquor requested by Club 1519 LLM Temple, number 223, located at 1519 West Avenue, Elyria, and the City of Elyria does not request a hearing.

Mr. Schneider.

Madam President, I ask that we adopt the committee report and the city does not request a public hearing.

Second. It's been moved by Mr. Schneider, second by Mr. Serra.

Question.

All those in, pardon me, on the suspension, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Committee Report 2026-2. We have considered the matter of objections to renewal of liquor license permit requests. The City of Elyria does not object to the renewal of said permits and does not request a hearing.

Mr. Snyder.

Madam President, I ask that the committee report be passed under suspension of rules. Second.

Moved by Mr. Snyder, second by Mr. Talat.

And that the City does not request a hearing, I'd like to amend. I need to say that because it said not request a hearing. Sorry about that.

Does the second concur? Second concurs. On the suspension, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Committee Report 2026-3.

Resolution's first reading.

A resolution approving a list submitted by the Safety Service Director for the collection of delinquent inactive utility accounts and directing the Clerk of Council to certify said accounts to the Lorain County Auditor and declaring an emergency. Mr. Tillett.

Madam President, I ask that this resolution be passed in its first reading under suspension of rules and declared an emergency. Second.

Second by Mr. Schneider. Any discussion?

Question.

On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Resolution 202624. 24? Yes. Thank you. Yes, ma'am. A resolution approving a list submitted by the Safety Service Director for the collection of 2025 delinquent stormwater fees, directing the Clerk of Council to certify said list to the Lorain County Auditor and declaring an emergency. Mr. Talat.

Madam President, I ask that this resolution be passed in its first reading under suspension of rules and declared an emergency.

Second. Second by Mr. Van Warmer. Any discussion? Question. Thank you. On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Resolution 202625. Resolution approving a list submitted by the Safety Service Director for the collection of final assessments for the replacement of private sewer service lines, directing the Clerk of Council to certify said list to the Lorain County Auditor and declaring an emergency.

Mr. Talaat.

Madam President, I ask that this resolution be passed in its first reading under suspension of rules and declared an emergency. Second.

Second by Mr. Schneider. Any discussion?

Question.

On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Resolution 202626. A resolution approving a list submitted by the Safety Service Director for the collection of final assessments for the replacement of private water service lines, directing the Clerk of Council to certify said list to the Lorain County Auditor and declaring an emergency.

Mr. Talat.

Madam President, I ask that this resolution be passed in its first reading under suspension of rules and declared an emergency. Second.

Second by Mr. Snyder. On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Resolution 2026-27.

Resolution's second reading.

There are none.

Resolution's third reading.

There are none.

Ordinance's first reading.

An ordinance authorizing the mayor to enter into a community reinvestment area tax incentive agreement.

Wait, wait. That's not.

Oh.

Number eight.

An ordinance authorizing the placement of 26.22 acres of land in an agricultural.

Second.

Second by Mr. Van Warmer. Any discussion?

Question.

On the suspension, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026107. Okay, now, an ordinance authorizing the mayor to enter into a community reinvestment area tax incentive agreement with Black River Forge Limited Partnership and declaring an emergency.

Mr. Snyder.

Madam President, I ask that this ordinance be passed in its first reading under suspension of rules and declared an emergency.

Second. Second by Mrs. Rothgary. Any discussion?

Question.

On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026-108. An ordinance amending Elyria Codified Ordinance Section 109.09, Parks and Recreation Department. Mr. Talaat.

Madam President, I ask that this ordinance be passed in its first reading under suspension of rules. Second.

Second by Mr. Van Warmer. Any discussion?

Question.

On the suspension, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026109. an ordinance authorizing the mayor to submit an application for and accept, if offered, the Step Into Swim grant through the Pool and Hot Tub Alliance, P-H-T-A, for the Parks and Recreation Department and declaring an emergency. Mr. Talat.

Madam President, I ask that this ordinance be passed in its first reading under suspension of rules and declared an emergency. Second.

I'm second. Mr. Van Hoon. Second by Mr. Serra.

I'll call for the question.

Thank you. On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026-110. an ordinance authorizing the submission through the Law Director's Office of applications to the Office of the Attorney General, State of Ohio, and to accept, if offered, a 2026-2027 Victims of Crime Act VOCA grant and the 2026-2027 State Victims Assistance Act SVA grant for the Victims Assistance Program and declaring an emergency. Mr. Talat?

Madam President, I ask that this ordinance be passed in its first reading under suspension of rules and declared an emergency.

Second.

Second by Mr. Lippian. Any discussion? Question. On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026-101. An ordinance authorizing the Mayor to enter into an agreement for the sale of real estate, city-owned real property located on Ford Road, Elyria, Ohio, to Thomas K. Horseman and Desann Collins. Mr. Talaat.

Madam President, I ask that this ordinance be passed in its first reading under suspension of rules. Second.

Second by Mr. Schneider. Any discussion?

Question.

On the suspension, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026-112. and ordinance amending ordinance number 202634, known as the 2026 Permanent Appropriations Ordinance to change funds in various accounts.

Mr. Talat.

Madam President, I ask that this ordinance be passed in its first reading under suspension of rules.

Second by Mr. Van Warmer. Any discussion? Question. On the suspension, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026-113. An ordinance authorizing the mayor to enter into an agreement with ODOT to perform overhead sign support improvements on State Route 57 and State Route 113 construction to begin May 2027 and declaring an emergency.

Mrs. Davis.

Madam President, I ask that this ordinance be passed under suspension rule declaring emergency. Second.

Second by Mr. Serra. Any discussion? On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026-114. An ordinance authorizing the mayor to advertise for bids and enter into a contract for the 2026 Gulf Road Water Main Improvement Project with Sheffield Village and declaring an emergency.

Mrs. Davis.

Madam President, I ask that this ordinance be passed on the suspension of rules and declaring an emergency. Second. Second.

Second by Mrs. Roth, Gary. Any discussion? Question. On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026-115. An ordinance authorizing the mayor to enter into change order number one with Carville Companies, Inc. for the 2025 OPWC Golf Road Resurfacing Project and declaring an emergency.

Mrs. Davis.

Madam President, I ask that this order be passed on the suspension of rules and declare an emergency. Second.

Second by Mr. Van Warmer. Any discussion? Question. Madam President. Mr. Lippian.

No, never mind. I decline. We'll proceed with the vote.

Call for the question.

Call for the question.

Thank you. Under, I'm sorry, on the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026116. An ordinance authorizing the mayor to advertise for bids and intend to a contract for the Murray Ridge Road Reconstruction Project and declaring an emergency.

Mrs. Davis.

Madam President, I ask that this ordinance be passed on the suspension of rules and we do declare an emergency. Second.

Second by Mrs. Roth, Gary. Is there any discussion? Question.

Question.

On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026-117. an ordinance authorizing the mayor to enter into a professional services agreement with K.E. McCartney and Associates Inc. for engineering services for the Middle Avenue Community Sanitary Sewer Extension Project and declaring an emergency.

Mrs. Davis.

Madam President, I ask that this ordinance be passed under suspension of rules and declare an emergency.

Second. Second by Mr. Van Warmer. Is there any discussion? On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026-118. An ordinance authorizing the mayor to enter into a professional services agreement with Bromhall Engineering and Surveying Company for design services for the installation of sidewalks and multi-use paths along Burns Road and Abbey Road and declaring an emergency.

Mrs. Davis.

Madam President, I ask that this ordinance be passed under suspension of rules and declare an emergency. Second.

Second by Mrs. Roth, Gary.

Madam President.

Mr. Lithian.

In order to avoid the appearance of a conflict of interest, I'll recuse myself from this vote.

Thank you. Can I get a call for the question? Call for the question. Thank you. On the suspension, all in favor say aye. Aye. Opposed? On the emergency, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

Ordinance 2026-119. That's all, Madam Chair.

Ordinances, second reading?

There are none.

Ordinances, third reading?

There are none.

Committee calls.

September 8th, finance and utilities, council chambers for Monday, 9-14, beginning at 6 p.m. Finance, immediately following finance and utilities, Monday, September 14th, and immediately following full council strategic planning for Monday, September 21st.

Thank you. Miscellaneous and unfinished business?

Mrs. Davis? Through you, Madam Chair. I just want to say thank you to those that allow us as council to do the right thing with the issue two, a.k.a. issue six money. This is a prime example of how our streets are looking, how they are the process of looking better. You feel good when you drive down the street. Our main roads are all taken care of and a lot of our side roads as well. We thank our engineering department for having us move forward faster than usual and we're looking forward to next year even moving faster on the roads and we thank the voters. for issue two, a.k.a.

It's five.

It's five. Oh, five. See, I didn't even know. I wanted it to be issue six.

Well, thank you for issue five. It's the 2016 half percent income tax, right, Mr. Pileski? Thank you. And I second that. You guys know I'm a big proponent of our roads getting done. They look great. Abbey Road looks fantastic. Murray Ridge is going to look good soon. Fingers crossed.

I'd also like to, through you, Madam Chair, I'd also like to echo that as well, but not just in streets. Our parks have never looked this nice. In my life, you know, in Elyria, I've never seen all of the parks collectively look this good. And it's because we've been funded generously through the voters on renewing the income tax. So thank you.

So we thank you for that, for the community. In my opinion, West Park is the nicest park, but I may be biased. Mrs. Davis.

Madam Chair, seeing no other business that come before this council, I make a motion that we dismiss.

Second. Moved and properly seconded. All those in favor say aye. Aye. Opposed? Motion carried. Good night, everyone. Thank you for coming.

Thank you.