City Council - Regular Meeting

Monday, August 3, 2026

The City Council discussed the proposed annexation of 65 acres from Amherst Township for a residential development, with public comments raising concerns about financial burdens and transparency. The Council also approved several resolutions and ordinances, including adopting a cybersecurity program and authorizing various infrastructure projects.

About this meeting

Government Body
City Council
Meeting Type
City Council
Location
Elyria, OH
Meeting Date
August 3, 2026

Transcript

388 sections

0:00 – 0:28Speaker 10

out of respect for the council chambers. We'll begin with a moment of collective silence, followed by the Pledge of Allegiance. Thank you. Mr. Clark, may we have roll call, please? Yes, Madam President.

0:30Speaker 15

Mr. Sarah. Here. Mr. Van Warmer. Here. Mr. Armstrong. Here. Ms. Rothkerry.

0:38Speaker 15

Mr. Tillett. Here. Mr. Lippian. Here. Mr. Oswald. Here. Mr. Doney. Here. Mr. Schneider. Here.

0:49Speaker 10

Remarks and reports from city officials. Mayor Brewbaker. Excuse me.

0:55Speaker 11

You took it back.

0:57Speaker 15

You took it.

1:08 – 3:21Speaker 18

I could, but I won't. Thank you, Madam President. Just two quick items. As you may have noticed on your way in tonight, we had a community meeting with our residents in regards to the events on the Juneteenth holiday. And I will reiterate once again that the event that happened that day was not a reflection of the Black Legacy Connection or the Juneteenth celebration. But I thought it was a very productive meeting. Chief Welsh did a very good job of answering some questions. The residents were very respectful and had very good questions. So I appreciate Paris or Paris Smith from the Urban League and Ms. Detover from the NAACP for coordinating this meeting. There's some follow-up. that we'll be doing with them over the next few weeks to continue not just conversation but actions in order to build, continue to build relationships between our police department, which I think they do a great job of, but continue to build those relationships, particularly with our black community, just to be honest with you. That was what the request was. Secondly, tonight I have with us somewhere out there amongst the folds of people, is Duane Whiteley, and I'm officially announcing, as you best kept secret in Lorain County, that I've appointed Duane Whiteley, our former police chief, as our new safety service director. We are working through the logistics of his start date due to the fact that he is the commander of the Lorain County Community College Police Academy. They're in the middle of an academy. SO WE'RE WORKING THROUGH LOGISTICS ON HIS START DATE. ASSISTANT SAFETY SERVICE DIRECTOR LESH WILL CONTINUE TO OPERATE AS OUR ACTING SAFETY SERVICE DIRECTOR, BUT I WANT TO WELCOME DUANE BACK TO THE CITY OF ELEARY. HE PUT IN MANY YEARS AT THE ELEARY POLICE DEPARTMENT, INCLUDING ELEVEN AS THE CHIEF. I'M RETIRING IN 2021, AND I'M GREATLY APPRECIATIVE OF HIS OPPORTUNITY. HE IS A RESIDENT OF THE CITY. I KNOW SEVERAL ASKED ME THAT. HIM AND HIS WIFE MOVED TO THE CITY BACK IN 2025. SO WE'RE GRATEFUL FOR THAT. HE HAS CHOSEN NOT TO SPEAK TONIGHT, SO IN LIEU OF THE MANY ITEMS ON THE AGENDA. BUT I JUST WANTED TO OFFICIALLY ANNOUNCE THAT DUANE WILL BE STEPPING IN AS SAFETY SERVICE DIRECTOR. AND I'M OPEN FOR ANY QUESTIONS.

3:22Speaker 10

THANK YOU, MAYOR. ARE THERE ANY QUESTIONS FOR THE MAYOR? Thank you. I'm sorry, Mr. Lippian.

3:29Speaker 25

Thank you. Through you, Madam President, I guess it connects to one of the agenda items, but is it true that Love Retail terminated the agreement and that they'd project?

3:37Speaker 18

So I asked them for an update, and we're meeting Thursday to get an update, so hopefully I'll have some information to share with you prior to the September 3rd meeting.

3:47 – 3:58Speaker 4

Thank you. Mrs. Rothgeary. Through you, Madam President, thank you and your team for Touch a Truck. Fantabulous event. Kids, adults love it.

3:58 – 4:10Speaker 18

Through you, Madam Chair, President, that actually is the credit to Megan. Megan is the one who coordinated that, came up with the idea with support from Annie and Whitney and obviously our departments and employees. So thank you.

4:12Speaker 10

Any other questions? Thank you, Mayor. Law Director Deary.

4:16 – 7:52Speaker 26

Good evening. Through you, Madam President, as... has been publicized. There are several matters going to strategic planning tonight with potential action to follow. One was referred by the IT director, Brian Rothgary, This matter in many ways is housekeeping, but that's not to minimize its importance. The Ohio General Assembly mandates that all local governments pass legislation pertaining to cyber security and most importantly designate what individual or department within the local government is responsible for for cybersecurity, and that is why it is going before Council Committee of the Whole this evening. I know there's been some discussion. Does this have to do with data centers? Does this have to do with the flock camera program? What all does this have to do with? This specifically pertains to the city's internal email, data storage, all of those types of things. I'm sure many of you, not all of you, are familiar with some of our neighboring local communities have been hit with things like malware, ransomware, things like that. So this is a hot topic obviously in Columbus and also it does hit close to home. So that is what you're looking at this evening. Also, a petition by owners of some parcels, two parcels, so I guess that is some, but specifically two parcels in Amherst Township have filed a petition for annexation with Lorain County Board of Commissioners. The three matters, that come before you this evening for council's consideration are should that annexation be approved and ultimately accepted by the city of Elyria? What services would be provided by the city should those parcels be absorbed, for lack of a better term, by the city? So that is what is being asked of council this evening. Just in terms of timelines, my understanding that the county commissioners will be considering the petition on August 25th, and then depending on what would happen at that meeting, the city would then be asked to accept the annexation. Again, contingent on the county commission's decision within a timeframe pursuant to state law thereafter. But right now, it's a matter of if it were to happen, what services we would be providing. Road maintenance, utilities, and that sort. Okay, so other than that, I'm sure we will be discussing that when we get to that point, but I am also open for questions.

7:54Speaker 10

Mr. Van Warmer.

7:56 – 8:44Speaker 16

Through you, Madam President. Ms. Derry, we spoke briefly before the meeting tonight about item number five on the agenda regarding the cost associated with requesting body camera footage through public records request. And I wanted to clarify because It sounds like the fee would only be waived in a situation where the city is party to the court proceeding involved. I'm just seeking more clarification on that. If there was a civil case between two people or two entities, one of them not being the city of Elyria, would those records requests be free of charge as they would if the city was part of that? Thank you.

8:45 – 9:51Speaker 26

So through you, Madam President, and please don't hesitate to stop me if I'm not answering what I believe your question to be. These fees pertain to public records requests pursuant to the provision in chapter 149 of the Ohio Revised Code. If there is a subpoena sent to the city for documentation or any sort of records, whether it's audio recordings, body cam footage, dash cam footage, whatever, there is a subpoena pursuant to a court case that is not considered by law to be a public records request. So the fees would not be charged. And that actually would be the case, of course, if the city is a party to the court case, whether that's a civil lawsuit or a criminal case. Criminal case, it could be in another county even. It doesn't necessarily have to be in Loring County or in Elyria-Meany Court. It could be anywhere. And the city could be a party or the city might not be a party. But if it's a subpoena, pursuant to a court case, it is not going to be considered a public records request and these fees would not apply. Okay.

9:51Speaker 16

Thank you so much for that. I appreciate that. Thank you.

9:55Speaker 10

Any other questions for the law director? Thank you. Finance Director Pileski.

10:02Speaker 8

Thank you, Madam President. No report this evening.

10:06Speaker 10

Any questions? Thank you, sir. Police Chief Welsh.

10:11Speaker 12

Thank you, Madam President. No new report.

10:16 – 10:42Speaker 10

Are there any questions for the police chief? Thank you, sir. Fire Chief Vargo. Are there any questions for the fire chief? Thank you, sir. Is Mrs. Calvert in the room? I don't see her. Chief Engineer, Mr. Schneider.

10:51 – 13:44Speaker 5

Thank you, Madam President. Just wanted to update council on a few projects, as I know you are all dying to hear some of these. So we've had a pre-construction meeting with one of our contractors who will be performing the West Avenue, Washington Avenue, and Taylor Street resurfacing. Those are three Ohio Public Works projects. THEY PLAN ON STARTING MILLING THIS WEEK, IF POSSIBLE, WITH WEATHER PERMITTING. SIGNS SHOULD BE GOING UP SOON IF THEY AREN'T UP ALREADY. SO THEY ANTICIPATE THE WORK TAKING ONLY A FEW WEEKS TO COMPLETE PRETTY MUCH ALL THREE PROJECTS, SO WHICH IS, AT LEAST FOR THE RESURFACING PORTION, TYPICALLY THE SIDEWALKS AND THE ADJUSTMENTS COME LATER. The street resurfacing program, the asphalt street resurfacing program, we have a pre-con this coming Wednesday, but we were informed by the contractor that he plans to start next Monday. We should have already seen a lot of the signs go up in a lot of areas, so they are moving forward with that. The Abbey Road State Route 57 project that ODOT is administering, I believe there's two more days for paving and that paving work will be done. Once again, the only things we'll have to clean up are adjustments, sidewalks, pavement markings, things of that nature. So that's moving along as expected. The plan is obviously to have Abbey Road opened up before school starts. That was the deadline in that project. Chestnut... and State Route 57, we are out for qualifications for that to get an engineer on board to look at the entire intersection for design this time. So we are moving forward with that. We should have those next Friday and then we'll evaluate engineers and bring that before council if you decide to move forward with those. SAFE ROUTES TO SCHOOL, THAT PROJECT SHOULD BE STARTING IN ABOUT TWO WEEKS. AUGUST 24TH IS WHEN THE ANTICIPATED START DATE FOR THAT IS. THAT WILL BE OVER IN THE EASTERN HEIGHTS AREA AS FAR AS SIDEWALK REPLACEMENT. Middle Avenue sidewalks, as you notice, across the square there, they're cutting trees down and whatnot because the trees have been lifting a lot of the sidewalks. So they're getting it prepped for replacing the sidewalk over there. So that is obviously starting. And then we have Oberlin-Lyria Road, which should be starting in September for the road diet and the traffic light removal. But with that, I... Mary Ridge? Murray Ridge, we're still waiting on ODOT to complete the environmental requirements. So the referral is going in tonight to go out for bid, but we're kind of holding to ODOT to finalize that before we can move forward.

13:45Speaker 10

Thank you. Mr. Oswald.

13:48 – 14:33Speaker 6

Through you, Madam President, what OPWC, okay so olive is getting it from tech net for next year you're putting in for olive to be redone from taylor to uh hilliard poplar um i just happened to drive down that road a lot of works because they're putting in new the lines water lines there are no curves on that how are they going to bid that? Or have you looked to see if they're going to end up putting a small curve or do you, because it's pretty bad. So I was just, I know it's going to add to the cost. So I don't know if that's something they would do at that time, but sure would be nice if they could get some curves in there.

14:35 – 15:10Speaker 5

Curbs are a challenge in the city, obviously. It's not that we don't want to do them. Unfortunately, it just drives the price up two to three times as much as it takes to resurface the road. If that's something council prefers that we do, once again, it's going to greatly reduce the number of streets we get done a year. But we're definitely open to the conversation. As part of the Ohio Public Works proposal for next year, it does not include curbs traditionally. It's largely the handicap ramp curbing only, curbs around drainage structures, things of that nature.

15:11Speaker 6

All right. Thank you.

15:14 – 16:34Speaker 10

Snyder. Thank you. Thank you. President's referrals and remontases. Number one, community development. Number two, community development. Number three, community development. Number four, community development finance. Number five, finance. Number six, finance. Number seven, finance. Number eight, finance. Number nine, finance. Number 10, finance. Number 11, utilities. Number 12, finance utilities. Number 13, finance utilities. Number 14, finance utilities. Number 15, finance utilities. Number 16, finance utilities. Number 17, strategic planning. Items 11 has been received and placed on file in the clerk's office. and a list of receipts collected by each division of the Clerk's of Courts Office for June 2026. Mr. Clerk, petitions and remittances from the lobby?

16:36 – 16:53Speaker 15

We have a few. I try to organize them as part of the discussion items. So... We have Mr. Patel in regards to 1724 Lorain Boulevard.

16:54 – 17:07Speaker 10

Mr. Patel? Is there a Mr. Patel in the audience? Okay, Mrs. Clerk, we're gonna move on. Okay.

17:10Speaker 15

Ms. Amanda Quimper in regards to annexation.

17:17 – 17:29Speaker 10

Good evening. Please give your name and address for the record. We have a three-minute time limit, and because of the numbers of people that want to speak, we're going to be very strict with that this evening. Okay. Please go ahead.

17:29 – 19:57Speaker 21

Thank you. Amanda Quimber, 2299 West River Road, North Elyria. My name is Amanda Joan Quimper, also known as Amanda Joan of Heart. I'm an independent journalist, filmmaker, and the creator of Awaken and Unite.com, TV with purpose. Ohio has long recognized the public's right to know how taxpayer money is spent, yet recent changes to state law HB 96, Ohio Revised Code 9.66D has significantly limited public access to many economic development records. When citizens cannot review incentive agreements, contracts, or negotiations involving public resources, meaningful oversight does not exist. Meanwhile, JobsOhio continues promoting hyperscale development across Ohio. Investigative journalist Whitney Webb has argued that New Albany Company became a model for this public-private partnership approach to economic development involving Lex Wessner, who is in the Epstein files, and other influential figures. Now, a similar model is being proposed for Brownhelm Township through a hyperscale data center project. Is this annexation connected to bringing in a non-government organization connected to Lex Wessner and New Albany Company too? You are our public servants. You are the trustees of the people entrusted with protecting the public trust. Our system of government exists by the consent of the governed, and its authority is derived from we the people. When projects that may permanently impact our land, water, air, electric grid, property, and communities move forward without meaningful public participation or informed consent, the public has a right to question whether that trust is being honored. The people elected you to represent their interests, not merely the interests of private corporations. Economic development should never come at the expense of transparency, constitutional rights, or the public trust. I respectfully ask this board to cease and desist from the annexation of 65 acres from Amherst to Elyria. Until full transparency has been achieved, all relevant information has been disclosed to the public, and the people have had a meaningful opportunity to be heard. I urge you to protect our constitutional liberties and place the health, safety, welfare, and the rights of the people of Lorain County above any corporate interest. Thank you.

20:07Speaker 15

Ms. Karen Johnson, regarding annexation concerns.

20:17Speaker 10

For the record, please.

20:18 – 23:00Speaker 13

Good evening, Karen Johnson, 33 Lakeview Drive, Grafton, actually in Carlisle Township. I've lived in Carlisle Township for more than 30 years, and during that time, I've learned that annexation is one of the greatest challenges to township self-governance and should be the exception and not the first option. Before pursuing annexation, I believe the city should first make every effort to negotiate with the township and developer. Too often, developers are placed in a position where access to essential utilities depends on annexation rather than cooperation. which I am concerned is happening here. Does this annexation even make financial sense for Elyria? Amherst Township will continue to receive the property tax revenue, while Elyria's primary benefit is municipal income tax, for which reciprocity will take away most of it. In return, Elyria could assume long-term responsibility for sewer infrastructure, roads, police, fire protection, trash pickup, and other municipal services. Has a cost-benefit analysis been completed? If Elyria can receive sewer revenue without assuming decades of future obligations, why isn't that a better financial choice for your taxpayers? They deserve to know that both options have been evaluated. Finally, many residents are concerned that this annexation would become a first step toward future annexations, including a proposed mega-site, immediately to the south. If this decision is completely independent of those future plans, I respectfully ask the Council to say so publicly. If not, then taxpayers deserve transparency and to know whether discussions are taking place, because lack of that transparency in discussions is what led to outrage in New Russia Township. And you need to reveal whether future water and sewer expansions are already being considered by the city, what they would cost, and who would pay for them, and what risk you are committing them to. The proposed $450 million water upgrade for the mega-site is not even sitting well with rural water. The county committed Avon Lake's regional water facility and revenue stream as collateral for a $67 million infrastructure loan without Avon Lake Council's approval. The sewer district hasn't even been established. That project is looking for an entity to assume tremendous risk. And I suggest the moratorium on data centers while you review your zoning code as a proactive step in protecting your community from this aggressive push for tech development. Please base this decision on today's facts, not tomorrow's speculation. Respect your neighboring townships, protect Elyria's taxpayers, and make annexation the exception rather than the rule. Please facilitate negotiations where Elyria provides the sewer without annexation, and let Amherst Township and the developer come to their own agreement moving forward. Thank you.

23:11Speaker 15

Ms. Sarah Noonan, annexation.

23:18Speaker 10

Good evening, please state your name and address for the record.

23:24 – 24:47Speaker 22

Good evening, my name is Sarah Noonan at 1130 Hunting Hollow in Grafton, Ohio. I stand here today because it's necessary. I'm a UAW worker, proud. We are being pushed toward an annexation as if it's a simple administration step. It is not. Annexation is a transfer of power, a loss of local control, and a gift to a developer who stands to benefit while our workers and residents are left behind. Our county commissioners refuse to come to the bargaining table and refuse to negotiate with Local 2192 who keep our communities functioning, the people who show up every day even when leadership does not. How can we talk about annexation when we can't even talk about fair wages? How can we talk about growth when the commissioners won't even sit down with the workers to make that growth possible? Meanwhile, our communities are suffering. When staffing shortages go undressed, they suffer. If they can do this to the workers, what makes you feel that they won't do this to you, your community, your people, or our people? The annexation benefits one group, the developer and the commissioners. We deserve leadership that negotiates, not leadership that abandons. We are not collateral damage in a political maneuver nor chess pieces or a chess board or a price tag for a business transaction. Please take this into accountability when you make that decision tonight. What would best benefit your constituents? Thank you.

24:55Speaker 15

Ms. Kim Poland, annexation.

25:04Speaker 10

Good evening, please state your name and address for the record.

25:08 – 28:08Speaker 2

Kim Poland, I'm at 44625 Russia Road, Elyria, Ohio. I'm actually the last house on heading west on Russia that is Elyria, not Elyria City, but I am Elyria. You will notice there's quite a few of us here that don't live in the city of Elyria. And so why are we here? We're not... To quote somebody, we're not here to bring pitchforks and torches. We just want to come and talk to you guys, let you know. We've been fighting this, the mega site thing for years, and especially the last 12 months. We're tired. But we know it's important to us. This annexation, whether it's tied to that or not, it may or may not. I don't know. But I do know that financially the annexation doesn't seem to be the right thing for you guys. It only seems to be a benefit for the landowner or the developer. A type two annexation, which this is noted as, the petition is noted as, will keep those parcels with Amherst Township. they will continue to collect all the property taxes Amherst Township will. The city of Elyria will only get the income tax. I know Karen went over that, which is going to be very limited because your guys' income tax is set up as a way that not everybody that lives in the city of Elyria pays the Elyria city tax. You guys in the end may be providing utilities to these people and they're not even paying any kind of tax money towards you. They're paying their property taxes to Amherst Township. They're not paying Illyria anything, but you'll be responsible for that. Financially, I don't think it's the way to go. Also, we have no idea what the definite plan or end user is for this. It's not spelled out in the petition. So I think it would be wise for you guys to take a look at those two parcels and do some more research, do some more asking, what is the end result? What is the end user that they want for this? And get that in writing before you make a decision. There's also, around these two large parcels, there's 42 parcels that are contiguous to those two. Those are people's homes. 14 of those parcels, if you guys were to annex that in, now become cut off from Amherst Township. They're kind of like their own little island. So who's watching out for them? Are they then going to get scooped up into Elyria? I don't think that's the intention. But the high-density residential or cluster development, whatever's going on, whatever they're thinking, is not compatible with the agricultural residential zoning of those 42 parcels as they are right now. Finally, well, not finally, two things, sorry. Usually an annexation's a win-win for both the land owner or developer and the city. Everything that we've seen so far, done research with a petition.

28:08Speaker 10

Your three minutes are up. Thank you.

28:20Speaker 15

Ms. Andrea Barlow, Annexation, Bechtel Road.

28:28Speaker 10

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

28:31 – 31:40Speaker 20

Hello, my name is Andrea Barlow. My address is 43612 Parsons Road, Overland, Ohio, which is actually New Russia Township. I'm here today to repeat a bunch of what has already been said. As selfishly, I do not want this annexation to happen because I am a new Russia Township resident and we are in fear. But setting that aside, I thought, why wouldn't Illyria want this? And I honestly cannot find many reasons why you would want this. I mean, income tax wise, not very many people work in Elyria. A lot of those people are going to work in Cuyahoga or outside of Elyria. So they're going to get that exemption that the city provides them. Also, there's retirees who are going to move in who receive exemptions. And let's not forget, the people who live in this annex annex area will also have to pay levies to the township so this will be definitely a hardship on the residents when they're having to pay for fire and water and schools and all the other extra needed needs that's going to go into this so a lot's going to be coming in you're going to take care of roads and maintenance and sewer and water but but how is that going to get paid for? It's gonna be a burden on the taxpayers. So I really struggled to see how it would benefit the city. And plus that whole area, they love that country. I know some of the people that live out there, they don't want that to change. They move there for that reason. And you're going to completely change the culture of that area, which is unfair because most of them don't have a voice in that township to say anything or to deny or reject this. I know Mayor Brubaker and I, we spoke at a town hall meeting together in support of the UAW. And when we spoke, we were supporting our, I've been a part of the UAW, my dad was there for 48 years, my husband 25 years, we're union people, we wanna bring jobs. And if what happens is what could happen happens, it's not going to bring local jobs because locally we're never going to meet the qualifications these developers will set out in these contracts. They're going to bring their own people and they're not going to bring jobs. So let's say big picture, that residential area comes, you get the people there and now they've annexed to get more land so that the city can have some profit into this new Benga site area, you're really not because they're going to get tax exemptions. There's very few jobs that will likely come. And honestly, they're going to probably contract those jobs out and not even our local people are going to benefit from it. So please consider this. There's going to be more... you're gonna give more into this than you're going to receive, and it is gonna be a taxing thing on your residents. So that's all I really have to say, so I'll forfeit the rest of my time. Thank you for hearing me.

31:43 – 31:58Speaker 15

Pam Roadhamel. Regarding annexation.

31:59Speaker 10

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

32:03 – 35:09Speaker 3

Good evening. Cam Road Hamel, 133 Harvard Avenue, Elyria. First of all, I'd like to thank Mayor Brubaker for giving the invocation and the closing prayer yesterday at the Gulf War ceremony out at the park. It was greatly appreciated. I have some concerns. I have been a lifelong resident of Elyria. The annexation of the area from Amherst Township really concerns me. I'm afraid of the additional financial burdens it's going to bring to the city. You have fire. I believe it would be station number three. Are they able to cover that area? Police. Are you going to have to need extra patrolmen to patrol that area? Currently, the Lorain County Sheriff Department covers that area, so you're going to have to have more patrolmen to cover that area. I'm concerned, too, regarding road crew. Are they going to be able to clear the snow, collect leaves, et cetera? If you have to go ahead and repave, paving is not cheap. I've been involved with things at Eaton Township, and I've heard how much it costs to go and get these roads repaved It is astronomical. Sanitation department. Are we gonna be able to handle the extra amount of trash that's gonna be needed to be picked up? Are you gonna need more vehicles? Not only for there, but for the police and the fire. Fire trucks are not cheap. I hear Chief Reeser in Eaton Township tell us about how much fire trucks are. It's unreal. Will extra personnel need to be hired to cover these services? Would it not be more financially advantageous to let the developers have the source system that we would have them pay for it? We would provide it, but they have to pay for everything, all the infrastructure. It would be a win-win situation. Also with this, we are, by not annexing the area, we are going to be good neighbors to our surrounding areas. You don't go in and take something. How would you feel if someone that lived next door to you said, I'm taking part of your property or all of your property because I want to use it. It's not ethically or morally right. In the long range of things, it would be a better situation, a win-win situation for malaria.

35:11Speaker 15

Madam President, that's the time. Three minutes is up.

35:14Speaker 3

Thank you very much. I appreciate it.

35:25Speaker 15

Miss Stephanie Edwards, corner of Chestnut Ridge and 57 Annexation.

35:32Speaker 10

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

35:36 – 38:39Speaker 1

Stephanie Edwards, 342 Augusta Drive, Elyria. I've been a taxpaying resident in Elyria since 2012. I'm speaking today about the proposed new development of businesses at the corner of Chestnut Ridge and State Route 57. Since we have lived in our current home in that area, the intersection has been congested. I'm all for progress and new businesses coming to the city, but as it stands now, I would be opposed. I drive that area no less than six to eight times per day, sometimes going straight, turning left, turning right. At any given time, you could be sitting in traffic backed up to South Abbey. Sometimes driving my son to work at Romeo's takes us 20 minutes, and we live 1.1 miles away. I know I'm not the only person in this situation. The area needs a major traffic overhaul now, but it sounds like the plan to handle traffic once this new development is built is the option. I don't think that's the best plan for the current citizens. One step I think that might help would be making the turning lane wider at 57 on Chestnut. There's one telephone pole at the corner of Dewhurst now. Making that lane longer and wider would help alleviate a bit of the traffic coming from Dewhurst. With people turning right, it's often congested and you can't even make the green light. An article from the Chronicle Telegram stated, if the new development moves forward, money raised by the development would help pay for traffic improvements. That seems backwards to me. The traffic is a problem now, and I feel it should be handled before any new businesses come to that area. Without making an entrance and exit from Route 57, there's no suitable way to alleviate traffic at that intersection. I'm not sure if there's a road to build behind that church, but I think something needs to be figured out at that intersection. Not to mention, this week alone I've witnessed two accidents in that area and I'm sure there's been more. It seems very unsafe, especially with someone having a teen driver. That same article in the Chronicle also stated that turning in and out of the development would be limited to right turn only until traffic improvements are made. That does not sound like a helpful temporary fix. People trying to turn westbound from Route 57 onto Chestnut would still be at a standstill. The same article states that some possible business options would or maybe would have been a Chick-fil-A, Panda Express, and Chipotle. If anyone has ever been near a Chick-fil-A, the parking lots and drive-throughs are busy from open to close. And I'd have to respectfully disagree with whatever company did the traffic study and stated that the proposed development would add minimally to the existing traffic problems in the area. I would ask city officials to travel that area more, go at different times of the day, Take the views of the people that live in that area into consideration. Be wise about what you allow placed at that corner before developing in that already overcrowded part of the city.

38:49 – 39:00Speaker 15

Jean Melo regarding speed limit sign Fieldstone Lakes. Marlo? Jean Malo?

39:00Speaker 10

Jean Malo in the audience?

39:06Speaker 10

Malo. Good evening, sir. Please give your name and address for the record.

39:15 – 42:27Speaker 12

Eugene Malo, 145 Westminster Way, Elyria. Now, I don't have my paperwork with me. The gentleman does. But it's basically, we have issues, which some of the people do, where Chester and Bender Road comes. We always have an issue when we make headed west, and you try to turn onto Bender Road. I mean, there's gravel there. Now, I don't know if the city would put any asphalt or something to make it wider when we make that turn, because every time you turn there, you're going into the ruts, and you're trying to stay further over to the left, but then you got other cars coming at you off of Bender. That's been an issue. I know some of the stuff also on Fieldstone Road. It's supposed to be a street that the city runs. Chestnut, well, not Chestnut Ridge, I'm sorry. I'm a little bit nervous right now with that. We have a thing where they're building new homes, Ryan Homes are being built, and in our development, that street, they're paving, and it's gonna be paved into the next area across the road. Now there is no speed limit signs. If they could put something like 25 miles an hour, because the people right now that are going to the newer homes, they are going, 40 miles an hour more. Now there's a lot of us older people there that we walk slow at times and they have pets and they worry and I'm on the board. And everybody asks me, couldn't they slow down or anything? I'm saying, well, there is no sign there as of yet. I'm not sure what the city is going to do to implement it. Street lights also, if they're going to put them in there. I'm trying to think of what else I had. I know my wife had the paperwork. I'm lost with it. But also on Bender Road, we have for the city that cleans out the ditches that are there, there's one that's underneath our road that I've been asking of the management who takes care of it. And so the city takes care of that ditch underneath there. AND IT'S GETTING A LOT OF LEAVES, GRASS GROWING AND IT'S GETTING THICKER AND THICKER BECAUSE IT FLOWS FURTHER NORTHWARD UP BENDER ROAD AND THEN IT CUTS ACROSS BENDER ROAD TO THE OTHER DEVELOPMENT AREA AND IT'S A DITCH THAT RUNS ALL THE WAY ACROSS. I THINK THAT NEEDS WORK ON THERE.

42:28Speaker 15

MADAM PRESIDENT, THAT'S THE THREE MINUTES. THANK YOU.

42:32Speaker 10

Engineer Schneider, would you look into all of that? Thank you.

42:39Speaker 15

That's all petitions and rematches from the lobby.

42:44Speaker 10

Petitions and rematches from council members? There are none. Reports of standing in special committees? There are none. Resolutions first reading?

43:09 – 43:24Speaker 15

sponsored by finance, a resolution approving the list submitted by the safety service director for the collection of delinquent inactive utility accounts and directing the clerk council to certify said accounts to Lorain County Auditor and declaring an emergency.

43:24Speaker 7

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

43:34 – 43:52Speaker 10

Second by Mr. Lippian. On the suspension, all those 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.

43:54 – 44:18Speaker 15

Resolution 2026-21. SPONSORED BY FINANCE, A RESOLUTION APPROVING THE COLLECTION OF DEMOLITION-RELATED COSTS FOR 360 MAPLE STREET, ELYRIE, OHIO, 44035, AND DIRECTING THE CLERK OF COUNCIL TO CERTIFY SET COSTS OF LORRAINE COUNTY AUDITOR AND DECLARING AN EMERGENCY. MR. TALAT.

44:19Speaker 7

MADAM PRESIDENT, I ASK THAT THIS RESOLUTION BE PASSED IN ITS FIRST READING UNDER SUSPENSION OF RULES AND DECLARED AN EMERGENCY. Second.

44:28 – 44:42Speaker 10

Second by Mr. Schneider. 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?

44:43 – 45:04Speaker 15

Motion carried. Resolution 2026-22. That's all the resolutions first reading.

45:04Speaker 10

Resolution second reading. There are none. Resolution third reading. There are none. Ordinances first reading.

45:23 – 45:37Speaker 15

SPONSORED BY COMMUNITY DEVELOPMENT ORDERS, ACCEPTING THE DEDICATION OF CERTAIN LANDS, EASEMENTS, AND RIDERWAYS FOR THE INSTALLATION OF STREETS AND UTILITIES AS PROVIDED IN THE FINAL PLAT OF SOUTH RIDGE AND FIELDSTONE LAKE SUBDIVISION NUMBER TWO.

45:39Speaker 24

MADAM PRESIDENT, I ASK THAT THIS ORDINANCE BE PASSED IN ITS FIRST READING UNDER SUSPENSION OF RULES.

45:44Speaker 10

SECOND. SECOND BY MRS. ROTHGEARY. ARE THERE ANY QUESTIONS?

45:49Speaker 10

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

46:01 – 46:30Speaker 15

Ordinance 2026-91. Sponsored by Community Development Ordinance accepting the dedication of certain land easements and right-of-ways for the installation of streets and utilities as provided in the final plan of Enclave Fieldstone Lakes Subdivision Number 3. Mr. Snyder.

46:30Speaker 24

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

46:35Speaker 10

Second. Second by Mr. Serra. Is there any discussion?

46:40Speaker 10

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

46:51 – 47:05Speaker 15

Ordinance 2026-92. Sponsored by Finance. An ordinance amending the Leary Codified Ordinance to Section 109.05, Division of Police, and declaring an emergency.

47:06Speaker 10

Mr. Trollope.

47:07Speaker 7

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

47:15Speaker 10

Second by Mr. Van Warmer.

47:20Speaker 10

I'm sorry. Who got the question?

47:23 – 47:39Speaker 10

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.

47:41 – 47:57Speaker 15

Ordinance 2026-93. sponsored by finance, an ordinance authorizing the finance director to transfer funds to the specified account. Mr. Tolat.

47:58Speaker 7

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

48:09Speaker 10

Second by Mr. Snider. Is there any discussion?

48:13 – 48:28Speaker 10

On the suspension. All in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed, nay. Motion carried. I didn't vote against it. I was just saying.

48:29 – 48:50Speaker 15

Oh, gotcha. Understood. Ordinance number 2026-94. Sponsored by Finance, an ordinance amending the ordinance number 2026-34, known as the 2026 Permit Appropriations Ordinance to Change Funds in Various Accounts. Mr. Tola.

48:51Speaker 7

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

48:57Speaker 10

Second by Mr. Serra. Is there any discussion?

49:00Speaker 10

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

49:12 – 49:47Speaker 15

Ordinance 2026-95. Sponsored by Community Development. in ordinance approving the 2026 community development block grant action plan and analysis of impediments to the fair housing choice updates and authorized the mayor to submit the fiscal year 2026 action plan to the U.S. Department of Housing and Urban Development in declaring an emergency. Mr. Snyder.

49:47Speaker 24

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

49:52Speaker 10

Second. Second by Mr. Van Warmer.

49:56 – 50:10Speaker 10

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 carries.

50:13Speaker 15

Ordinance 2026-96.

50:18Speaker 10

You're welcome, Mr. Taylor.

50:22Speaker 25

Good old Bobby.

50:26 – 50:41Speaker 15

Sponsored by Community Development and Finance, an ordinance amending ordinance number 2025-197 to increase the reimbursement amount for improvement cost approved through the Downtown Historic Redevelopment Grant Program and declaring an emergency.

50:42Speaker 24

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

50:48 – 51:07Speaker 10

Second. SECOND. SECOND BY MR. VAN WARMER. 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.

51:07 – 51:38Speaker 15

2026-97. Sponsored by Community Development Finance. An ordinance approving the application of Daniel Martin, managing member of 374 Broad Street, LLC for improvements at 374 Broad Street, Elyria pursuant to the Downtown Facade Improvement Program created by ordinance 2019-19. Mr. Snider.

51:39Speaker 24

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

51:44Speaker 10

Second by Mr. Lippian.

51:47Speaker 10

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

51:58 – 52:32Speaker 15

Orders number 2026-98. SPONSORED BY UTILITIES AND FINANCE, IN ORDER TO AUTHORIZE THE MAYOR TO APPLY TO THE STATE OF OHIO FOR ROUND 41 GRANT AND OR LOAN FUNDING ADMINISTERED BY THE OHIO PUBLIC WORKS COMMISSION FOR REPAIR, RECONSTRUCTION AND RESURFACING OF CERTAIN ROADS IN THE CITY OF ELYRIA, AUTHORIZING THE ACCEPTANCE OF SAID GRANT AND OR LOAN, IF OFFERED, PROVIDING LOCAL FUNDS AND NECESSARY TO COMPLETE SAID PROJECTS.

52:32Speaker 9

Mrs. Davis. Madam President, I ask that this order to be passed on its first reading under suspensions or rules. Second. Second by Mr. Armstrong.

52:42Speaker 25

Madam President, in order to avoid the appearance of a conflict of interest, I recuse myself from this vote.

52:47 – 53:01Speaker 10

Thank you. Any other, is there any questions? Question. Thank you. On the suspension, all in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed? Motion carried.

53:03 – 53:27Speaker 15

ORDINANCE NO. 2026-99. SPONSORED BY FINANCING UTILITIES. INURANCE AUTHORIZES THE MAYOR TO ADVERTISE FOR BIDS AND ENTER TO A CONTRACT FOR THE SLUDGE CAKE DISPOSAL AT THE WATER RECLAMATION FACILITY FORMALLY KNOWN AS THE WASTEWATER POLLUTION CONTROL PLANT AND DECLARING AN EMERGENCY.

53:27 – 53:40Speaker 9

MS. DAVIS. Madam President, I ask that this ordinance be passed on its first reading under suspension of rules and declaring an emergency. Second. Second by Mr. Van Warmer. Any discussion? Question.

53:40 – 53:53Speaker 10

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.

53:58 – 54:16Speaker 15

ORDINANCE 2026-100. SPONSORED BY UTILITIES AND FINANCE AND ORDINANCE AMENDING ALERI CODIFIED ORDINANCE CHAPTER 373, BICYCLES AND MOTORCYCLES GENERALLY. MS. DAVIS.

54:16Speaker 9

MADAM PRESIDENT, I ASK THAT THIS ORDINANCE BE PASSED ON ITS FIRST REASON UNDER SUSPENSION OF RULES

54:22 – 54:34Speaker 10

SECOND. SECOND BY MR. ARMSTRONG. IS THERE 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.

54:36 – 54:53Speaker 15

ORDINANCE 2026-101. SPONSORED BY UTILITIES AND FINANCE, AN ORDINANCE AMENDING LARIA CODIFIED ORDINANCE CHAPTER 959 SANITATION DEPARTMENT RULES AND REGULATIONS. Mrs. Davis.

54:53Speaker 9

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

54:58 – 55:11Speaker 10

Second. Second by Mr. Armstrong. 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.

55:12 – 55:59Speaker 15

Ordinance 2026-102. THAT'S ALL ORDINANCES FIRST READING. ORDINANCES SECOND READING. SPONSORED BY COMMUNITY DEVELOPMENT. AND ORDINANCE AMENDING SECTION 19.02, Codified Ordinances 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, Elyria, Ohio, Residential 1 District to Commercial District.

55:59Speaker 10

I declare that this ordinance has had a second reading. Public hearing is scheduled for September 8th, 2026.

56:11Speaker 15

That's all. Ordinance to second reading.

56:13Speaker 10

Ordinance to third reading. There are none. We are going to recess into strategic planning. Law Director?

56:23Speaker 26

Through you, Madam President, by motion.

56:27Speaker 7

Can I get a... Second.

56:30 – 57:04Speaker 10

Moved by Mr. Serra and second by Mr. Tollett. All those in favor say aye. Aye. Opposed? Motion carried. Before we go on strategic planning, we're going to take a five-minute recess. Is that OK? OK. Five minutes. Mr. Kirk, would you read the legislation, please?

57:06Speaker 7

Point of order. Don't we have to have a motion to go back in?

57:10Speaker 10

We never. Okay, all right.

57:18 – 57:52Speaker 15

All right, Ms. Dean. THIS IS SPONSORED BY STRATEGIC PLANNING. NOT YET. EXCUSE ME. YOU CONSIDER THE MATTER OF RESOLUTION ADOPTING THE CYBERSECURITY PROGRAM FOR THE CITY OF VALERIA IN ACCORDANCE WITH THE OHIO REVISED CODE SECTION 9.64 AND DECLARING AN EMERGENCY.

57:52Speaker 10

MR. ROTHGARY. GOOD EVENING. AS DIRECTOR

58:01 – 58:34Speaker 17

Deary mentioned earlier, it's kind of a housekeeping item. The law that was passed requires the city's legislative authority to formally adopt a cybersecurity program. The IT department has completed an assessment of our existing things, and we are just going to abide by the suggestions of the law. The law doesn't have a whole lot to it yet, but we have, you know, certainly satisfy a lot of the things that it's looking for, and we will continue to prove that, improve on that as we normally do.

58:36Speaker 10

Thank you. Mr. Teller, your question?

58:38 – 59:12Speaker 7

Yes, I do. And I apologize. I know we're busy. Recently, a community, an Ohio community, was held ransom for their water department. I believe they shut off all water supply or threatened to shut down all water supply, which would have affected hospitals, nursing homes, where they would receive no water. Is what you're doing preventing a type of issue like that? I know that that's an unfair question, but I thought about how to phrase it today.

59:13Speaker 17

That's not an unfair question. It's what we do every day.

59:27 – 59:56Speaker 26

Madam President. Sorry, point of order through you. Madam President, so we do have a committee report. I know it's kind of a quirk because it's the same evening, but we do have a committee report. I would ask that strategic planning would, obviously it's a committee of a whole, but would take a vote, sign the committee report, and then we would then consider the legislation when we return it into full council. Thank you.

1:00:04 – 1:00:20Speaker 15

We consider the matter adopting the cybersecurity program in order to supporting operational technology and data for the city of Elyria. An emergency to follow. Emergency clause, excuse me.

1:00:21Speaker 10

Thank you, Mrs. Davis.

1:00:23Speaker 9

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

1:00:31Speaker 10

Second by Mr. Tillett. Is there any discussion?

1:00:37Speaker 25

Call for the question.

1:00:39 – 1:00:51Speaker 10

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.

1:00:56Speaker 15

Resolution 2026. No.

1:00:59Speaker 26

Okay. My apologies. Sorry. Point of order.

1:01:12 – 1:01:24Speaker 10

Gotcha. Gotcha. Okay. Thank you. Yes. Thank you. Good question. I'm sorry. It's confusing. We haven't done this in a while. Yes.

1:01:46Speaker 16

Madam President, through your point of order and to the law director, do we need to redo that committee vote? Because that sounded like a council vote with the emergency.

1:01:55 – 1:02:07Speaker 10

We are all on strategic planning. Right. Every one of us. Right. So we just passed the committee report. Okay. Perfect. We're going to vote once we come out of strategic planning. Yes. And go back in the council. Thank you. We'll vote again. Okay. Perfect. Make sense?

1:02:07 – 1:02:21Speaker 26

Right. Thank you. Yes. Through you, Madam President. Yes. I mean, yes. The committee, we had a motion, we had a second, we had a full vote. My assessment is that that was satisfactory. Okay, thank you.

1:02:43 – 1:03:03Speaker 15

The second item is the matter of the type two expedited annexation to annex 65.2559 acres A PROPERTY HAVING BEEN SIGNED TO LORRAINE COUNTY PERMANENT PARCEL NUMBERS 05-00-071-000-073 AND PARCEL 05-00-090-000-024 FROM AMHERS TOWNSHIP TO THE CITY OF ELYRIA, OHIO. THANK YOU.

1:03:19Speaker 26

For you, Madam President, Attorney John Clark is here representing the parcel owner.

1:03:28Speaker 10

Good evening, Mr. Clark. If you'll state your name and address for the record.

1:03:31Speaker 14

John Clark, 358 West College Street, Oberlin, Ohio. Go right ahead. Thank you.

1:03:37 – 1:03:50Speaker 26

Excuse me, sorry to interrupt, but if everyone could make sure their mics are turned on, in case, I think some people turned them off during, is that, okay, sorry about that. The Clerk's Office wanted to make sure everyone's mics were on since the recess.

1:03:53 – 1:04:44Speaker 14

Thank you, Madam President, members of council. We're here on a statutory process. As you may know, annexations are strictly statutory. There's a lot of time limits that have to be met. This involves the requirement that the council pass an ordinance regarding what services it would provide should the annexation be approved, and establishing a buffer zone to separate incompatible uses with the use of the annexed territory and road maintenance that might arise as a result of the division of the road through the annexation. This has to be done within 20 days of the filing of the petition. That ordinance will then go to the county commissioners. If the county commissioners approve the annexation, it will come back before this body for final approval.

1:04:47Speaker 10

Thank you, Mr. Clark. Are there any questions? Mr. Talat?

1:04:51 – 1:05:05Speaker 7

Through you, Madam President, I only have one question because it was brought up. Very simple, straightforward. What we're being asked for to do tonight, does it have any affiliation with the mega site? It does not. Thank you.

1:05:07Speaker 10

Thank you. Mrs. Colford? Any other questions for Mr. Clark? Mr. Domi?

1:05:13Speaker 8

Yeah, I just had a question. Have we discussed what services we are going to provide or is that still to come?

1:05:20Speaker 10

Law Director Deary?

1:05:23 – 1:06:13Speaker 26

Through you, Madam President, I have had discussions with Engineer Schneider, who was here this evening. As it stands now, these parcels are currently in the wastewater service area of the city, so essentially a sanitary sewer. They are not in our water area. Should these parcels become a part of the City of Elyria, they would receive, obviously, police, fire, ambulance service, in accordance with our contract with Life Care, sanitation, and as I just mentioned, wastewater. Through you, Madam President, Engineer Schneider, am I missing anything?

1:06:20 – 1:06:46Speaker 5

Through you, Madam Chairman, at this time, I would say that we have not seen plans at all for this. We don't know what is actually going to be built, whether anything's gonna be private. As the law director said, this is our FPA. So the sewer service would come to us, whether we take ownership of the sewers or not, that would depend on the overall design of the development. So at this time, we have not seen any plans in regards to that, but it is our FPA.

1:06:47Speaker 10

Thank you. Any other questions? Mr. Lithian?

1:06:52Speaker 25

Thank you. Through you, Madam President, are you able to commit that you will not sell the land for any purposes other than housing development?

1:07:03Speaker 10

He doesn't own the land.

1:07:04 – 1:07:16Speaker 14

I can't commit anything like what I can tell you that under your ordinances it comes in as high density residential. Any change in use that would differ from that would require approval of the Planning Commission.

1:07:19 – 1:09:05Speaker 26

Thank you, and I'm sorry to cut off your line of questioning, but through you, Madam President, I know City Planner Schoening is not here, although I've had some conversations with him, and I don't want to put the spotlight on Director Calvert, but we've had several conversations, so in... Should these parcels be annexed, they would be annexed into basically, I will say, the least zoning classification possible that, in this case, would be residential and that it would only be able to be utilized for those purposes. If the owners, whether it be the current owners or subsequent owners, wanted to do anything else with that property, then it would need to go through a full rezoning with the city. So I know that's not exactly what you're asking, but I did want to let you as well as your colleagues know that yes, that it automatically pursuant to our zoning regulations, it would go into, as I put it, the lease. I know that Ms. Calvert would be much more eloquent in how she would explain it, but it would automatically go into basically the least, which would be residential zoning, and should anyone desire to do something else with it, for example, commercial, industrial, et cetera, it would need to go into the full application for a rezone. That would go to Planning Commission. It would ultimately come to you all, and... that would be an entirely different and lengthy, thorough process.

1:09:05 – 1:09:18Speaker 25

Sure. And I ask because that rezoning has been past precedent with council. Something very similar happened with the Reserve Point crossing. We rezoned it. So that's the question. And I think the gentleman knew I was referring to the clients he represents. So thank you.

1:09:21Speaker 10

Thank you, Mrs. Calvert.

1:09:23 – 1:13:57Speaker 23

Thank you. Through you, Madam President. Yes, to reiterate what Law Director Deary was saying, it is our most restrictive zoning and lowest density. So it is our most restrictive in that you can put the fewest houses on it that our zoning code allows in this district. So it has the least impact possible based on our zoning code. I'm here on behalf of Mayor Brubaker tonight. He unfortunately had to leave a little bit early tonight, so thank you for putting up with me. But I wanted to acknowledge a lot of thoughtful comments and a very engaged that is here tonight to speak. And many of you made thoughtful comments. But I wanted to take a moment and just step back and talk a little bit about our perspective on why housing is so important in this city and how it is so much larger than this one potential project. So we know that the city of Elyria has had flat and declining population. And that is a problem for us in delivering economical services to our residents throughout the entire city. We also know that families make up 55.4% of households in Elyria. compared to 62.5% in Lorain County. So we have a shortage of the type of housing that attracts young families. This is where we acknowledge this kind of missing middle. We need these single family homes to round out the housing possibilities within the city. And we also have homes that are on average seven years older than what you would find in the balance of Lorain County on average. So when we take these factors into account, we get a picture where we have an aging housing stock. a declining population. And when we make more competitive housing available in the Elyria market, we have positive externalities. And that's a nerdy way of saying we have more people buying more goods and services in the city of Elyria. And we have a broader base to pay for that service delivery. We did talk about income tax a little bit, but there's also the capital expense funds. capital funds that I am not as eloquent as Director Pileski on, but a lot of these are fees-based services that are offered to our citizens in our location. So I just wanted to give that picture from a big picture why housing is so critical for this city. I think we all know it intuitively. But when we think about it, where we stand relative to the rest of the county and where we want to be as a city, housing is a tool to really help make that happen. So, you know, specific to this project, Mr. Barron first approached the city more than a year ago regarding a potential residential development. And in that conversation, he wanted to confirm our ability as a city to provide sanitary sewer service to the site. At that time, he shared with us that he was intending to seek annexation of the property. So again, that was over a year ago, and in that time, Builders and Developers Company has continued working on the proposed development, and they've now reached the point where they're formally requesting annexation. So this has been in the works for quite a while, and we have not had much specific conversation regarding exactly what it's gonna look like, but we know that it's going to fall largely within that residential one zoning classification. I also just want to note that the mayor and I were recently made aware that there were some comments suggesting that the city was unwilling to meet with the Amherst Township Trustees regarding this request for the annexation. Unfortunately, that was a miscommunication that was certainly not the case as soon as we found out about that. The following day, I did call Trustee Lynch and ask for a meeting. We were able to actually meet today and have a good dialogue about this potential project.

1:13:58Speaker 10

Thank you, Mrs. Carter. Any questions? I do. Mr. Doney?

1:14:03 – 1:15:28Speaker 8

Historically, developers have annexed into the city to gain access to the sewers, the water, different city services. We're not getting, the rural water's gonna be out there, so we're not getting the water. We're not getting a lot of the taxes if the citizens live outside the city. What real benefit is it to annex it into the city? Is it just to circumvent the, so the developer can circumvent the Amherst Township zoning requirements? Because their minimum requirement's gonna be two acres per lot for a dwelling unit. Now, our new zoning code, we actually lessened that restriction. It went from five dwelling units per acre to eight units per acre. Now, what you're asking us today is to agree to annex this into the city, but we don't know what the development plan is. So you have these new houses that have been built on Albrecht Road with two acre minimum lots, and now they're going to be adjacent to possible eight dwellings per acre. Acre and I just don't know if that's being good neighbors. I don't know If that's good city resources to do something like that I just Thank you through you So it's

1:15:32 – 1:17:48Speaker 23

that I don't wanna get overly nerdy, but I'm gonna have to. So one thing, this is in our facility planning area. So the city of Elyria, in cooperation with NOACA, a regional government, laid out where we would be providing sewer service into the future. That was based on a coordinated planning effort and determined about where future growth would potentially be. By having that facility planning area, we make long-term infrastructure improvements further up that pipeline to be able to offer, to extend service potentially when the time comes within that facility planning area. And I'm sure Engineer Schneider can speak more eloquently than me on the specifics about this. But being able to do that allows us to provide sewer services to more people in a smaller area. So that ultimately over long term creates lower cost utilities. FOR OUR RESIDENTS. SO THAT'S ONE OF THE THINGS. WHEN WE DISREGARD THAT FACILITY PLANNING AREA, THERE ARE NEGATIVE CONSEQUENCES. WHEN WE SAY WE AGREED TO DO THIS, WE SAID THIS IS WHERE WE CAN DO IT, AND THEN WE DON'T, WE MIGHT LOSE TERRITORY ELSEWHERE WITHIN THE FPA THAT COULD HAVE A PROBLEM FOR THE CITY MOVING FORWARD. So it's an important consideration to take into account as well You know we have not had specific site plan conversations yet that is going to have to go through Planning Commission So planning commission will be required to do subdivision approval and that is where a lot of these details about what this will look like, what the exact infrastructure needs are, what any potential cost to the city, if there are any for the improvements made, that will be considered at that time. Today is really about the annexation.

1:17:51 – 1:18:19Speaker 24

Thank you, Madam President, through you. Thank you, Director Colbert, for all your information. This may be directed more towards Law Director Deary or you. When you said that it goes into the residential zoning, it is the largest version, the most spatial, I guess you could say, version of residential zoning. So if the proponent in the future wanted to make the density higher, would he have to reapply? Can you go over that process, please? Thank you.

1:18:20 – 1:18:56Speaker 23

Yes, so the density is prescribed in the residential one zoning district. It is, again, our lowest density residential district available in the city. If he wanted to increase the density, it would have to either seek a waiver of that or a modification to the preliminary plat that's approved by Planning Commission. or he would have to seek a rezoning. So there are possibilities for additional approvals. It is not something anyone can unilaterally decide.

1:18:58Speaker 10

Thank you, Mr. Lithian.

1:18:59 – 1:19:21Speaker 25

Thank you, through you, Madam President. Ms. Colvard, I understand your knowledge and expertise in this area. I share much of it myself, as you know, occupied your previous position at the county in economic development, and I understand this entire subject. We would be looking, I presume, at tiffing the sewer if we were to have a housing development out there, correct?

1:19:22Speaker 23

That determination has not been made yet.

1:19:25 – 1:20:34Speaker 25

Okay, but that is the most likely course of action from what I can see and from some conversations I had with my colleagues prior to the meeting. I think what it all comes down to is that adjoining properties are concerned that their farmland is being eviscerated. And I do agree with what Mr. Doney said, because I've spoken with a couple residents that live in that area, and they do not want there to be this annexation bordering them, abutting them. I also took note that if I took an Elyria High School football player, and I stood at the very tail end of the annexed property, I bet you he could kick a football over that fence to the proposed mega site to the Lorain County Airport. and i do think that that in the context of the mega site conversation from new russia township is the concern i think that a lot of people that i've spoken to on the borders of these properties are concerned that it's a mega site by the back door and what i'm wondering is with discussion by these restrictions what would restrict us or some other entity if we tipped a sewer or got a sewer there from connecting that sewer over that goal post to the mega site

1:20:40 – 1:20:57Speaker 23

The easiest answer is that is not the City of Elyria's FPA. So we would not be allowed, we would not be able without the developer petitioning to NOACA to change and amend those boundaries, which is a very difficult bar to reach.

1:21:01 – 1:21:12Speaker 25

So do I understand then that it would be very difficult to connect a sewer through the roughly 600 to 800 feet from the edge of the annexed property to Lorain County Airport?

1:21:14 – 1:21:37Speaker 23

I would defer to Engineer Schneider on the difficulty of connecting it, but I can tell you it is not within the city's FPA, facilities planning area. So we would be unable to do that without going to NOACA and getting some amendment to that boundaries, which is not being contemplated.

1:21:37Speaker 25

And the county owns the airport. Through you, Madam Chair, the county owns the airport, correct? Correct. Correct. They could do it.

1:21:53Speaker 10

Mrs. Calvert, but may I just say, we can't control what the county does. This is about the annexation, but I'll let Ms. Calvert.

1:22:03 – 1:22:34Speaker 23

Thank you. The county could, but it doesn't you know, the boundary is there. I don't know, there are certain parameters and thresholds that would have to be met by state law to amend that boundary. So, you know, and I don't know, you know, it has a lot of question marks on it, and we don't have any specific information to say anything beyond that.

1:22:36Speaker 10

Indra Nishnayada, did you wish to say something?

1:22:43 – 1:23:42Speaker 5

Thank you, Madam Chairman. In regards to the FPA, just for a little point of clarity, the furthest eastern part of the airport is in our FPA, furthest eastern part. It's a small amount. The majority of the airport is in Lorraine's FPA. The proposed area for the mega site is in Lorraine's FPA. It's not our FPA. the sewer that would be run to this area would be very limited uh it would this area would connect into a 10 inch sanitary sewer so if there was a mega site that's built tomorrow it would not tie into that sewer as its capacity at that location would not be sufficient thank you understood and just a quick follow-up that that does not prevent the county from connecting to it and expanding the sewer pipeline from a 10 inch to a larger diameter It does because of the way it runs. They couldn't tie into that exact portion. They would have to go a lot further away.

1:23:43Speaker 25

Sounds to me like some more homework is needed in this department.

1:23:45Speaker 10

Through the chair, please. Thank you.

1:23:46Speaker 25

Through you, Madam Chair. Some more homework is needed on that subject.

1:23:49Speaker 10

Mr. Oswald, did you have a question?

1:23:52 – 1:26:11Speaker 6

Through you, Madam President. Thank you. You know, you want to look in that crystal ball and think that you can figure everything out and we can't. We talked, I think, a while back, the properties from Westbridge and 113, and when we had a bunch of new developments going in there, of course, that was all farmland. Everybody hated that because it was abutting their houses. Nobody wants development near them. They want everything that they can get. That property, nobody can touch it because they want their farmland. And I get it, but this is growth. We figured out that we could get fire department out there, our police department. Okay, now we got more homes, more people that we can offset our costs. I think nobody's gonna want a development in there. Development's gonna be a good thing, but nobody wants it in their backyard. Now we find out who can pay for all the amenities. We can work things out. But as far as looking in that crystal ball and everybody out there, And you think, well, this could happen. And they could do that. And they could do that. And you're right. And Mr. Lippion, they could oversize that part to 15 inch. Who knows? But we don't know that. But you want to, right now, stop an annexation for a development that is gonna, like Dawn, Ms. Colbert was saying, there's so many benefits of offsetting costs now, dividing the numbers instead of taking care of 50, you've got 100, so you can offset our expenses because we got more people And we've always talked about annexing because we want to serve more water. We want to serve more waste. That's why we've been upgrading our waste plants and things like that. So we are trying to get more homes, more developments, and we want a grocery store out there that our president keeps mentioning, but we can't get that kind of stuff until we got housing. So I know nobody wants that. I've been in construction for 40 years, and everybody wants to move out to the country and build their house because it's country.

1:26:13 – 1:27:16Speaker 6

They want to move out to the country. And when they do, they want to close the door behind them. But what happens to the people that live there? They're like, why did you come out here? Well, I wanna be out in the country. Well, we don't want you here. And so that's always gonna be, when they've got pretty land, and I get it, but there's gotta be a development that pays for some of these things. And development, if it's done right, and I say the same thing, who's going to take care of the services? Generally, when you have a developer go in, the developer will take care of all the infrastructure and will tie into it. But we're not even to that point right now. We're trying to get to that point. I agree. Everybody that lives out there in the farmlands, and it's a great country, and you want to keep it that way. But eventually there's going to be no houses because there's more growth. And yeah, people will be moving out of the city or going out of the city and working in other places.

1:27:17Speaker 10

We don't yell in this chamber. Thank you. Mr. Oswald, are you done?

1:27:23Speaker 6

I'd better be done, yeah. Thank you.

1:27:25Speaker 10

Mr. Clark, would you like to speak, or Mr. Barron?

1:27:27Speaker 14

Madam President, yes. Rich Barron is here. He has some information that may address some of the concerns that have been expressed by some members of council and some members of the community.

1:27:37Speaker 10

Thank you. Mr. Barron, please give your name and address for the record.

1:27:40 – 1:28:18Speaker 19

Rich Barron, 27201 Royalton Road, Columbia Station, Ohio. Welcome. Go right ahead. So we are the owners of the piece of property. You can check this and verify online. We have a contract option with Ryan Homes for single family lots only. And along with that contract, they have supplied deposit money. So you can look up online and see there's mortgages, TO RYAN HOMES FOR A SINGLE FAMILY, NO MULTIFAMILY SUBDIVISION FOR THAT AREA. I HAVE NOT BEEN APPROACHED FOR ANYBODY REGARDING ALL THIS OTHER STUFF INDUSTRIAL-WISE. IT'S ALWAYS STRICTLY BEEN, AND WHEN WE STARTED WITH THE CITY, IT ALWAYS WAS A SINGLE FAMILY SUBDIVISION.

1:28:23 – 1:29:23Speaker 25

Thank you. Through you, Madam Chair, and I don't question the intentions of Mr. Barron. That's not the purpose behind my questions. I'm just merely mentioning some historical context might be helpful. World War II, Franklin Delano Roosevelt wanted to give airplanes to the British to help them fight the Blitz. So what was proposed is that the Americans move the airplanes right up to the Canadian border, but they couldn't give them to the Canadians because at the time there was a neutrality act. However, the British soldiers came from Canada, went just across the border, and pulled the planes into Canada with horses. That is the sort of very edge of the border sorts of agreements that can be done between governments. And my concern is that that, despite the best intentions of Mr. Barron, is what the county would be doing in regards to this annexation. And I think a lot of people share those concerns, unless I'm mistaken.

1:29:25 – 1:29:39Speaker 24

Thank you, Madam President, for you. Mr. Barron has been here before. I believe he did, if I'm not mistaken. Were you the developer of the development just north of this property fairly recently, like within the last decade? Yes, we were. Thank you. So we're familiar with their developments. Thank you.

1:29:40Speaker 10

Any other questions and or comments from Mr.?

1:29:44 – 1:30:18Speaker 4

Mrs. Voskery. Through you, Madam President, I do appreciate everybody that lives out there 100%. I will tell you, my home was built on farmland. Nobody wanted it. I'm so thankful. 23 years we've been there. We maintain our neighborhood wonderfully. We get along with all the residents around it. It's brought homes up in value. We're seeing it in the south end of town. They're building, you know, folks didn't want those homes behind them, but the values have gone up. The buffers are beautiful. I'm a proponent of this. Thank you.

1:30:19Speaker 10

Thank you. Mr. Serra?

1:30:21 – 1:30:39Speaker 11

Through you, Madam Chair. So just a couple questions. The process is that if we were to take action tonight and approve this, it would have to be approved by the commissioners, and then the plan would have to be devolved and we have a way out at that point in time if we chose to. Is that correct?

1:30:41Speaker 26

Through you, Madam President.

1:30:44 – 1:33:08Speaker 26

Tonight, counsel is being asked what services would be provided should the annexation go through. The commissioners, in several weeks, will have their meeting to approve or disprove the annexation pursuant to Ohio law. Once that meeting takes place, independent of course on what the result of that meeting is, if the annexation is approved by the commissioners, then the clock starts and within 60 days, no later than 60 days, then city council would need to make a decision and issue its decision on accepting the annexation. That does not necessarily mean that something would already be submitted to planning commission or that you would see specifics again from the property owner or what have you. What I can tell you, and obviously you have the property owner here and his attorney here, is that the zoning for the property, should it become a part of the city of Elyria, will be the most restrictive. Thank you, Ms. Calvert. It would be residential one. It would remain there until and unless the property owner or future property owners sought a rezone or a formal waiver for use. And at this point, the property owner is seeking to build single family residential homes on the property, as they have indicated this evening. And as confirmed by Engineer Schneider, this is not in our planning area for water but it is for wastewater um and like other uh properties that are within the city of valeria we would provide um first responder services and and sanitation should this come into the city thank you mr sarah

1:33:10 – 1:33:31Speaker 11

So one other question I have would be just the housing shortage that we've had and been suffering through for years. As we increase the housing, in my mind, it shows the potential for workers. And if we have workers, they could potentially attract businesses. Is that a fair comment?

1:33:33Speaker 23

Thank you, through you, Madam President. Yes, that is true. That is a very common tenet of economic development.

1:33:43Speaker 10

Thank you. Mr. Livian.

1:33:46 – 1:34:37Speaker 25

Thank you, through you, Madam President. I wish I heard this same full-throated support of residents and jobs when we were discussing the Reserve Point Crossing matter, because we might not have been as tied up and languishing legal issues that we've been on that. But I'd like to divert for a moment because I think the crux of this is 709.023, Ohio Revised Code. I think there's seven requirements that have to be met. I think of it sort of like an acid test because when it gets to the commissioners, they commonly say, we aren't making a decision on the moral value of this annexation. We're simply making a procedural call on this annexation, much like we might do with a liquor permit. So my question is, I guess to Dawn, were those seven requirements, Ms. Calvert, were those seven requirements met in Ohio Revised Code 709.023 before we send it up the flagpole to the commissioners?

1:34:42Speaker 23

Thank you. Through you, Madam President, I would defer to Law Director Deary on that one, actually.

1:34:50Speaker 10

Law Director Deary.

1:34:52 – 1:36:16Speaker 26

Through you, Madam President, because the question of accepting is not before council this evening, I would advise that we not go through that tonight. However, that is absolutely, you know, those seven factors are all very valid. But procedurally, the city has to consider, again, under 709.023, the matter of services, the matter of buffer requirements, and the matter of road maintenance. And those are the three, and again, basically, the city has to indicate to the commissioners what we would do if this does become a part of the city. I would posture that Yes, if a parcel does become part of the city, we would treat it like any other part of the city. That's not at this stage that we're saying that it would be a good thing or it would be a bad thing or that we endorse it at this stage, these particular parcels coming in or not. But all we are saying is that, of course, we're not going to treat these parcels as a lesser part of the city. if it were to become a part of the city.

1:36:18 – 1:36:29Speaker 25

Thank you. Through you, Madam Chair. And I don't want my comments to be misconstrued. I would never imagine that we would treat them like a lesser part of the city. And if I understand you correctly, what you're saying is that question is really more for the commissioners to answer than the city.

1:36:31 – 1:37:16Speaker 26

Through you. Through you, Madam President. It is a question for the commissioners when they, I believe it's August 25th, if that's correct. Thank you. For them. And then when the ball comes back over the net, that will be the final question for the city. Again, can't be like many other... State laws, it can't be earlier than a certain point in time based on when the commissioners issued the decision, but it can't be later than a certain point in time. So when the window starts, but before the window closes, then the decision will ultimately be up to council to decide is it best to annex.

1:37:18Speaker 10

Thank you, Law Director. Mr. Brennan, would you have anything else to say? Mr. Clark?

1:37:27Speaker 14

No, thank you. Appreciate it.

1:37:29Speaker 10

Thank you. Mr. Downey, and then we're gonna go on. Thank you, appreciate that.

1:37:37 – 1:38:49Speaker 8

So my big hesitation that I have with the annexation is deferring back to the Chestnut Commons Love Retail site. It was said in a past council meeting that when we annexed something, we committed to them and we basically promised them that we were gonna do what they wanted with that commercial site. And my concern is we don't know anything about this development. All we know is the adjacent neighbors have two acre properties that they bought and they're living there. And again, if the developer has no other reason besides being able to times his development by 32 lots versus 140 lots that he's proposing to put in, I don't think that's the right reason to annex the I don't understand how that's a good reason to annex to take the land from the township and bring it into the city. So my concern is any vote towards the annex, as it was told to me by another council member, is almost a commitment that we're saying, yes, it's a good thing until we have all the information and we know exactly what they're doing in a commitment. I just, I have problems with it, that's all. I wanted to make sure that was known.

1:38:50Speaker 10

Board Director Deary.

1:38:52 – 1:40:11Speaker 26

Through you, Madam President. I am not going to discount that that is perhaps the perception or the thought process, but I will say that from a legal standpoint, a decision on an annexation is whether it is in the best interests of the parcel and the city to absorb those parcels into the city and make it part of the city. And not any more, not any less, not that we are, as a city, from a legal standpoint, buying into someone or the entity's business proposal or anything else or anything less that i'm all i'm saying is from a legal perspective that doesn't mean that there isn't a sentiment or a moral obligation or again Your individual votes don't have bigger meaning. But from a legal standpoint, it's simply what is best for the city and also, to a certain extent, what is best for the parcels. Mr. Snyder.

1:40:11 – 1:40:45Speaker 24

Through you, Madam President, going off of Mr. Doney's comment, if you were to make the density what he's suggesting in your prior knowledge of the market, would that price us out of the market for the product that's deemed to go on the property, if you can answer that? Does that make sense? Would this price itself out of the market if what he's saying is if you had to Span the density further to put less houses in would it increase the price of the housing so much that it's no longer meeting the market response it's now over to go i'm saying over market value for does that make sense.

1:40:46 – 1:43:27Speaker 19

Yeah, I'm trying to think of what, with the buyer being Ryan, what they have said is they're looking at a house that's X amount of foot across the front. Your R1 specifies both of our setbacks. The only uptick is really not in the square footage compared to what they have been building north of there and on the other side of Elyria, on the east side. The idea is there would be more three-car garages. So that's going to widen the lots out. And if they widen, they would get deeper. And so does it affect it? Once you get to a certain point with a lot, all of a sudden you've priced out certain buyers. So if you remember, we did River Run many years ago, 2020. Right prior to that, the idea was the house was going to be $199. Went through COVID. Everybody knows what happened. The prices went up $250, $270. But then they hit a certain number, and that was where they all ended as far as sales. And you've seen the same thing north of this on Fall Road on the new subdivision that was put in there. As far as density size, lot size, everything else, so we went very far with doing the original studies, the wetlands work, environmental studies. Initially, this application was brought to us, or to you, through the original owner. And at one point, the attorney for the owner said, we'd rather you buy the land and not have that particular past owner up in front of this board trying to do this annexation request. So we still have a lot of engineering to do on it. We know the lay of the land. We know there's a swale that runs through the middle of it. But we also know there's a need to do a lot of storage of water. And that hydraulic storage capacity design will take months to do on its own. They're gonna try to start that as soon as they can now that we've at least bought the land and taken it away from the original, not taken away, but took this to make the applications rather than having the previous owner be in front of this board. That's gonna dictate the size of lots. BUT THEY'RE GOING TO BE SIMILAR TO WHAT HAS BEEN BUILT AROUND THERE, PROBABLY WIDER BECAUSE OF THE THREE-CAR GARAGE, AND THE ANSWER TO THAT IS EVERYBODY WANTS A TWO-CAR GARAGE AND A THIRD CAR BECOMES STORAGE. SO YOU'RE ADDING EIGHT FOOT ON TO THE HOUSE, NO MATTER WHETHER YOU LIKE IT OR NOT, IT'S EIGHT FOOT WIDE. whatever they were building initially north of there, it could be eight foot bigger to fit that style house. They're a marketing machine. I'm not here to sell them, but that's what they do. Our contract basically specifies that we do certain studies, we come back to them with a plan that says these are pockets that are buildable, this is green space. Our contract talks about they wanna have dog parks and they wanna have playground areas. There's certain things that are gonna be in this subdivision based upon the fact that what they see the market is gonna bear.

1:43:35 – 1:44:01Speaker 6

Thank you, Madam President. Unfortunately, I understand you guys don't trust anybody right now from what you've been going, and I get it. We got a good company. I trust them. I'm a trusting person. I think they're gonna do what they said and it's gonna be great. because I trust people. You've seen where you just don't wanna trust nobody, no matter what. So I'm sorry it's gotta be that way.

1:44:03Speaker 10

Done? Thank you. Thank you for the questions and the comments. Mr. Clerk, can you read the committee report?

1:44:11 – 1:44:42Speaker 15

Yeah, so there are three separate committee reports that were kind of aforementioned in conversations. One is the buffer requirement. One is the road maintenance. and city services for the proposed annex that's in front of you. So we'll each read them individually. We've considered the matter of a buffer. Should annexation proceed for certain parcels from Amherst Township, a buffer requirement pursuant to Ohio Revised Code 709.023 .

1:44:43Speaker 10

Can I get a motion, please, to get it on the floor? So moved.

1:44:50Speaker 10

Moved and properly seconded. Question, Mr. Lippian.

1:44:54 – 1:45:23Speaker 25

Thank you, through you, Madam President. I just wanted to check, from the looks of the zoning map, before we vote on this, it does look a little bit like we might be separating a portion of Amherst Township away from itself, just kind of the way the map is drawn. I just want to clarify if that is accurate or not. I'm referring to the inverted L there at the bottom right corner, outlined in the blue. So if I can point really quick, might be easiest,

1:45:31Speaker 10

Mr. Clark, did you want to bless you?

1:45:37 – 1:46:05Speaker 14

Thank you. So the issue of isolation of parcels under the recent Supreme Court decision, it's only prohibitive if the actual contours of the annexation under consideration completely surround a parcel such that it becomes isolated. If existing boundaries result in isolation and it's not completely surrounded by the territory to be annexed, then that's not an impediment to the approval process.

1:46:08 – 1:46:28Speaker 14

If I could also add just the request of the law director. So it's not shown on the map, but the actual point of contiguity of this parcel with the city of Elyria is in the upper northeast section where you had that kind of L shape. That is the boundary line between the city of Elyria and Amherst Township.

1:46:29Speaker 10

Thank you. Any other questions or discussion?

1:46:35Speaker 25

Point of order. Madam President, if we call the question, may I request a roll call vote?

1:46:41Speaker 10

We are, this is just, law director.

1:46:48 – 1:47:26Speaker 26

Through you, Madam President, I don't see a harm in a roll call vote. However, because each individual member of strategic planning is going to either sign or not sign, I believe that also would indicate each individual member's vote on the matter. So, again, if there's a motion and a second and the committee wishes to have a roll call vote, again, I don't see the harm in it, but I also believe... since everyone's signatures are going to be on the committee report, that it's also going to individually indicate how each member votes on the committee report.

1:47:27Speaker 25

Point of order, Madam President. I believe that that is a non-debatable motion for a roll call vote, unless I'm mistaken, and I could be.

1:47:34Speaker 5

Under Robert's rules, I think a call for a roll call vote is non-debatable.

1:47:39Speaker 26

Yes, I believe that is correct.

1:47:40Speaker 25

Okay, so I would assert privilege.

1:47:42Speaker 10

Mr. Clerk, roll call vote, please. Before you begin, so.

1:47:46Speaker 15

Well, we gotta, you gotta get, so we have a motion, so we wanna make sure there was a motion that was made in a second before we have some discussion, so there's, up there, so, at this point.

1:47:57Speaker 10

So we are just voting on this as a committee. This is correct. Once we come out of this meeting, we will go back into council and vote yet again.

1:48:07Speaker 26

Well, again, supposing that there is a committee report to move forward, yes.

1:48:13Speaker 10

So will we need to have a roll call a vote when we come out?

1:48:18Speaker 26

Should there be a motion for a roll call a vote on the actual legislation? Yes.

1:48:22 – 1:48:34Speaker 10

Thank you. Mr. Clerk, roll call. Roll call vote. Well, you have to, did you read the report?

1:48:34Speaker 15

This is out of the committee report. Mr. Cera. Aye. Mr. Van Warmer. Aye. Mr. Armstrong.

1:48:52Speaker 15

Mr. Tillette. Aye. Mr. Lippian. Nay. Mr. Oswald. Aye. Mr. Doney.

1:49:03Speaker 15

Mr. Schneider. Aye. Ms. Mitchell.

1:49:10Speaker 15

There's a motion to carry. For the motion to carry, so I would say that each sign, those who are in favor of that, please go ahead and sign the committee report. Yes, through you.

1:49:18 – 1:49:29Speaker 26

Thank you, Mr. Clerk. And just housekeeping, there are no lines, so please. Yes, to the best of everyone's ability. Thank you.

1:49:36 – 1:49:49Speaker 15

OKAY, THIS IS IN REGARDS TO THE SECOND ITEM. WE'VE CONSIDERED THE MATTER OF THE ROAD MAINTENANCE BY THE CITY OF ILLINOIS SHOULD THIS ANNEXATION OF THE CERTAIN PARCELS FROM AMHERST TOWNSHIP, A ROAD MAINTENANCE LEGISLATION.

1:49:52 – 1:50:14Speaker 10

CAN I GET A MOTION ON THAT JUST TO GET IT ON THE FLOOR? SO MOVED. SECOND. MOVED AND PROPERLY SECOND. QUESTION? Oh, okay. Okay. Moved and properly second. Any discussion, questions? Question. All those in favor say aye. Aye. Opposed? Aye. Motion carried.

1:50:15Speaker 15

For those who have voted no, I need a roll call vote. Mr. Serra?

1:50:21Speaker 10

Aye. Excuse me, Mr. Clerk, why do we need a roll call?

1:50:24Speaker 15

Just because I want to make sure for the record who voted no, unless those individuals want to...

1:50:29Speaker 10

It was Mr. Armstrong, Mr. Doney, Mr. Lippian.

1:50:34Speaker 15

Did those individuals concur?

1:50:36Speaker 10

Concur. We concur. Okay. Aye. Yes.

1:50:38Speaker 25

We concur that it was a nay.

1:50:40Speaker 10

Mrs. Rothkirch did not. She voted aye.

1:50:43Speaker 15

That's why I just wanted to just confirm with the roll call, but- Rothkirch voted a nay?

1:50:47Speaker 4

Yay. Did not.

1:50:48Speaker 25

Oh, she did not.

1:50:51Speaker 25

Oh, thank you.

1:50:52Speaker 4

My error. I apologize.

1:50:59 – 1:51:14Speaker 15

And the final piece is that we've considered the matter for this committee report services to be provided by the city should the annexation be approved pursuant to Ohio Revised Code 709.023, said legislation addressing provisions of services.

1:51:16Speaker 10

Can I get a motion, please? So moved, Madam Chair. Second. Moved and properly seconded. Any discussion?

1:51:24Speaker 25

Madam Chair, Madam President, this is just that we would provide services if it is annexed, correct?

1:51:31Speaker 25

Understood. Well, then I would be in favor of providing services.

1:51:34 – 1:51:46Speaker 10

Thank you. I lost my train of thought. I'm sorry. It was moved and properly seconded. Question. Question. All those in favor say aye. Aye. Opposed? Motion carried.

1:51:52 – 1:52:03Speaker 7

Please sign the committee report. Now do we need a motion to go back into council? We do. I'll make a motion to go back into full council. Second.

1:52:03Speaker 10

We're moved and properly second that we go back into council.

1:52:08 – 1:52:34Speaker 10

Meeting's been called. All those in favor say aye. Aye. Opposed? Motion carried. Don't forget to sign the committee report. So law director, so now we have to vote on all of this stuff again.

1:52:34Speaker 26

Yes, three, Madam President, 16, 17, 18, and 19 on the agenda. Thank you. Mr.

1:52:40 – 1:52:55Speaker 15

Okay. Sponsored by Strategic Planning, a resolution adopting cybersecurity program for the city of Elyria in accordance with the Ohio Revised Code Section 9.64 and declaring an emergency.

1:53:01Speaker 9

Madam Chair, I ask that this resolution be passed under suspension of rules and declared emergency.

1:53:07 – 1:53:26Speaker 10

Second. Any discussion? Pardon me. It was moved and properly seconded. Any discussion? Question. Question's been called. All those in favor on the suspension say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed?

1:53:27Speaker 15

Motion to- Point of order, point of order. Put, Council President, you have an emergency.

1:53:31Speaker 10

Emergency clause as well, thank you.

1:53:33Speaker 15

Emergency, it's emergency clause.

1:53:35Speaker 10

Oh, pardon, I thought she said it.

1:53:37Speaker 15

Okay, well, you had to vote on the emergency.

1:53:40 – 1:53:51Speaker 10

Oh, excuse me. Okay, so we voted on the suspension. On the emergency, all in favor say aye. Aye. Opposed? Motion carried. We good, Mr. Clerk? Yes. Thank you. Ordinance 2026-23. Resolution 2026-23. 23? 23.

1:53:51 – 1:54:43Speaker 15

Thank you. That's all resolutions. Now the ordinance. Okay. Okay, this is in regards coming out of strategic planning. An ordinance pursuant to the High Revised Code Section 709.023c, requiring a buffer between the territory proposed for the annexation and surrounding township land if Elyria determines that the use districts in the townships are incompatible with those in the city of Elyria.

1:54:44Speaker 9

Madam Chair, I ask that this order be passed under suspension of rules. Second.

1:54:50Speaker 10

Second. Second by Mrs. Roth, Gary. Excuse me, law director, do we need to do a roll call vote on this?

1:54:58Speaker 26

Is it being requested? Roll call vote. And yes.

1:55:01Speaker 10

Mr. Libyan has requested a roll call vote. Let's do roll call, please.

1:55:10Speaker 15

On the suspension, Mr. Serra.

1:55:18 – 1:55:40Speaker 15

Mr. Van Warmer. Aye. Mr. Armstrong. Nay. Ms. Rothgering. Aye. Ms. Davis. Aye. Mr. Tillett. Aye. Mr. Lippian. Nay. Mr. Oswald. Aye. Mr. Doney. Nay. Mr. Schneider.

1:55:45Speaker 15

Suspension passes. On the passage, Mr. Cera.

1:55:57Speaker 15

Mr. Van Warmer.

1:56:00Speaker 15

Mr. Armstrong.

1:56:03Speaker 15

Ms. Rothkerry. Aye. Ms. Davis.

1:56:08Speaker 15

Mr. Tillett. Aye. Mr. Lippian.

1:56:13Speaker 15

Mr. Oswald. Aye. Mr. Doney. Nay. Mr. Schneider.

1:56:23Speaker 10

Aye. Motion carried.

1:56:29Speaker 15

Motion carried on the passage.

1:56:31Speaker 18

It's 8-3. No, I'm sorry.

1:56:36 – 1:57:08Speaker 15

So, Ordinance 2026-103. Sponsored by Strategic Plan and Ordinance Pursuant to the Higher Revised Code Section 709.023E, providing that the Elyria will maintain any segmented road caused by the annexation to the City of Elyria, territory owned by the Builders and Developers Company Incorporated.

1:57:09Speaker 9

Mrs. Davis. Madam President, I ask that this order be passed under suspension of rules. Second.

1:57:17Speaker 10

Second by Mr. Tollett. Any discussion?

1:57:22Speaker 10

On the suspension, all those in favor say aye. Aye. Opposed?

1:57:30Speaker 15

We have three nays?

1:57:31Speaker 10

We have three nays.

1:57:33Speaker 15

Mr. Armstrong, Mr. Lippian, and Mr. Doney?

1:57:39 – 1:58:00Speaker 10

Concurrent. On the passage. All in favor say aye. Aye. Opposed? Nay. We have three nays. Motion carried.

1:58:00 – 1:58:28Speaker 15

Ordinance 2026-104. Sponsored by Strategic Planning. An ordinance pursuant to the higher revised code section 709.023C, and indicating what services the City of Elyria provide upon annexation to the territory owned by Builders and Developers Company Incorporated.

1:58:29Speaker 9

Madam President, I ask that this order be passed under suspension of rules.

1:58:36Speaker 10

Second by Mr. Schneider. Any discussion?

1:58:39 – 1:58:51Speaker 10

Question's been called on the suspension. All those in favor say aye. Aye. Opposed? On the passage, all in favor say aye. Aye. Opposed?

1:58:52Speaker 15

Motion carried. Ordinance 2026-105. That's all the ordinances.

1:59:02Speaker 10

Thank you. Committee calls.

1:59:08 – 2:00:44Speaker 15

Give me one minute, Madam President, to get organized here. Community development request. Committee members, the mayor, the law director, finance director, safety service director, and the engineer to meet on August the 10th, 2026, beginning at 6 p.m. joint community development finance effort as asks all committee members, the mayor, law director, finance director, safety service director, and engineering to meet on Monday, August 10th, 2026, immediately following the community development meeting. Finance and utilities requests all committee members, THE MAYOR, THE LAW DIRECTOR, THE FINANCE DIRECTOR, THE SAFETY SERVICE DIRECTOR, THE ENGINEER TO MEET ON MONDAY, AUGUST 10, 2026, IMMEDIATELY FILE THE COMMUNITY DEVELOPMENT AND FINANCE MEETING. FINANCE REQUESTS ALL COMMITTEE MEMBERS, THE MAYOR, THE LAW DIRECTOR, THE FINANCE DIRECTOR, THE SAFETY SERVICE DIRECTOR, THE ENGINEER TO MEET ON MONDAY, AUGUST 10, 2026, IMMEDIATELY FILE THE FINANCE AND UTILITIES MEETING. Utilities, request all committee members, the mayor, the law director, finance director, or safety service director, to meet on Monday, August the 10th, 2026, immediately after the finance meeting. Strategic planning, request all council members, the mayor, safety service director, law director, finance director, and council chambers on Tuesday, September the 8th, 2026, immediately after the full council meeting.

2:00:45Speaker 10

Thank you. All committee calls. Miscellaneous and unfinished business?

2:00:51Speaker 25

Madam President?

2:00:53 – 2:01:19Speaker 25

Thank you. Through you, Madam President, I just want to thank Andrea Barlow, Cam Roadhamel, Stephanie Edwards, Amanda Thank you. And Karen Johnson and Sarah Noonan and Kim Poland for speaking eloquently and respectfully. And I'd like also to thank Madam President and Council for conducting the debate on this very long meeting respectfully.

2:01:21Speaker 10

Thank you. Anyone else? Mrs. Davis.

2:01:26Speaker 9

Madam President, seeing no other business before this Council, motion to adjourn.

2:01:32Speaker 10

Second. It's been moved and properly seconded. All those in favor say aye. Aye. Opposed? Good night, everyone. Thank you for coming.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.