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City Council Meeting

2024-02-12View on CivicClerk ↗
Published Documents
Council Agenda 2/12/2024Council Agenda Packet 2/12/2024Council Minutes 2/12/2024
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CITY OF BRUNSWICK, OHIO 

                                   MINUTES OF COUNCIL 

                                  Monday, February 12, 2024 


 Prayer and Pledge of Allegiance The regular meeting of Brunswick City Council was called to order by Vice 
 Mayor Nicholas Hanek at 7:00 p.m. at the Municipal Complex. 
 Roll Call of Members Nicholas Hanek, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy 
 Piper. 

Others Present: City Manager/Safety Director Carl DeForest, Law Director Dennis Nevar, Clerk of Council 
 Laura Timura. 

Joseph Delsanter m~ved to excuse Mayor Ron Falconi for just cause, seconded by Tim Smith. Roll Call - Ayes -
 6, Nicholas Hanek, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. Nays - 0. 
 Motion Carried. 

Joseph Delsanter moved to excuse Brandon Lambert for just cause, seconded by Kristy Piper. Roll Call -Ayes 
 - 6, Nicholas Hanek, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. Nays - 0. 
 Motion Carried. 
 Correspondence There was none. 
 Approval of Regular Council Meeting Minutes dated January 22, 2024. Joseph Delsanter moved to approve 
the Regular Council Meeting Minutes dated January 22, 2024, as written, seconded by Keith Kuczma. Roll 
 Call - Ayes - 6, Nicholas Hanek, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. 
 Nays - 0. Motion Carried. 
 Mayor's Report: 
 Mayor's Court Financial Report for the month ending January 2024 will be posted on the website and added 
to the minutes for the record. 

 Mayor's recommendation to reappoint Clifford Nowak to the Juvenile Diversion Board: 

 If anyone on Council has questions regarding this recommendation, they should contact the Mayor. 

 Clerk of Council's Report There was none. 
 Council Committee Reports: 
 Economic Development Committee.....................................................  Mr. Lambert: 

 Mr. Lambert had no formal reports this evening. 
Services, Utilities, Technology & Cable Committee ................................ Mr. Smith: 

 Mr. Smith had no formal reports this evening. 
 Finance Committee ................................................................................Mr.  Hanek: 

 Mr. Hanek had no formal reports this evening. 
 Safety & Environment Committee ....................................................... Mr. Kuczma: 

 Mr. Kuczma had no formal reports this evening. 

CITY OF BRUNSWICK                                                                                1 
Bruns\\ ick City Council                                             Monday. h.:hruar:, I:?. 2024 


 Planning & Zoning Committee .............................................................. Mr. Delsanter: 

 Planning & Zoning Committee Minutes dated January 18, 2024: 

Joseph Delsanter moved to approve the Planning & Zoning Committee Minutes dated January 18, 2024, as 
 written, seconded by Keith Kuczma. Roll Call - Ayes - 6, Nicholas Hanek, Michael Abella Jr., Keith Kuczma, 
Joseph Delsanter, Tim Smith, Kristy Piper. Nays - 0. Motion Carried. 

 Porks, Recreation & Community Committee ... ....................................... Mrs. Piper: 

 Parks, Recreation & Community Committee Minutes dated January 30, 2024: 

 Kristy Piper moved to approve the Parks, Recreation & Community Committee Minutes dated January 30, 
 2024, as written, seconded by Tim Smith. Roll Call - Ayes - 6, Nicholas Hanek, Michael Abella Jr., Keith 
 Kuczma, Joseph Delsanter, Tim Smith, Kristy P ~ per. Nays - 0. Motion Carried. 

 Building & Building Code Committee ...................................................Mr.  Abella: 

 Mr. Abella had no formal reports this evening. 
 Other Committees, Boards and Commissions 
 Committee-of-the-Whole Minutes dated January 22, 2024: 

 Joseph Delsanter moved to approve the Committee-of-the-Whole Minutes dated January 22, 2024, as 
 written, seconded by Tim Smith. Roll Call - Ayes - 6, Nicholas Hanek, Michael Abella Jr., Keith Kuczma, Joseph 
 Delsanter, Tim Smith, Kristy Piper. Nays - 0. Motion Carried. 
 Petitions from the Public on Legislation There were none. 
 Reading of Legislation and Action on Legislation: 
 3rd Reading{s) 
 RES. NO. 1-2024 - A resolution authorizing the City Manager to purchase liquid asphalt emulsion for the 
 Service Department from Leader Machinery Equipment in an amount not to exceed $40,000.00. - 3rd 
 Reading (Services, Utilities, Technology & Cable Committee, Administration/Paul Magovac): 

 Tim Smith moved to adopt Resolution Number 1-2024, seconded by Michael Abella Jr. Roll Call -Ayes - 6, 
 Nicholas Hanek, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. Nays - 0. Motion 
 Carried. 
 ORD. NO. 7-2024 - An ordinance establishing Codified Ordinance Chapter 868 of the City of Brunswick 
 Codified Ordinances relative to the license of Tobacco Retail Establishments - 3rd Reading (Committee-of­
 the-Whole, Administration/Dennis Nevar): 

 Joseph Delsanter moved to table Ordinance Number 7-2024, seconded by Keith Kuczma. Roll Call - Ayes - 6, 
 Nicholas Hanek, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. Nays - 0. Motion 
 Carried. 
 2nd Reading(s) 


 CITY OF BRUNSWICK                                                                                2 
Brunswick City Council                                               Monda:, . I i: hruar;. 12. 2024 


1st Reading(s) 
ORD.  NO. 9-2024 - An emergency ordinance extending a temporary moratorium on the acceptance and 
processing of applications for zoning, occupancy and/or bui•ding permit approvals for establishments that 
intend to engage in retail sales and/or distribution of tobacco products, vapor products, alternative nicotine 
products and/or electronic smoking devices in all zoning districts of the Oty and the issuance of such 
approvals. - 1st Reading (To be brought from Committee-of-the-Whole, Administration/Grant Aungst): 

Mr. Delsanter moved this ordinance to second reading. 
RES. NO. 10-2024 - A resolution authorizing the City Manager to enter into a five (5) year agreement (with 
renewal options of up to four (4) years) with Kimble Recycling & Disposal, Inc. for the collection and disposal 
of residential solid waste and recycling. - 1st Reading (To be brought from Committee-of-the-Whole, 
Administration/Paul Magovac): 

Mr. Delsanter moved this resolution to second read;ng. 
ORD.  NO. 11-2024 - An ordinance amending Section A(18) of the Design Guidelines for the Main Street 
District of the Brunswick Town Center Special Planning District No. 2 by imposing additional restrictions for 
vape and smoke shops. -1st Reading (To be brought from Planning & Zoning Committee, 
Administration/Grant Aungst): 

Mr. Delsanter moved this ordinance to second reading and referred back to Planning Commission for review. 
ORD.  NO. 12-2024 - An ordinance amending Section A(3) of the Design Guidelines for the Southeast 
 Neighborhood of the Brunswick Town Center Speciat Planning District No. 2 by imposing additional 
 restrictions for vape and smoke shops. - 1st Reading (To be brought from Planning & Zoning Committee, 
Administration/Grant Aungst): 

 Mr. Delsanter moved this ordinance to second reading and referred it back to the Planning Commission for 
 review. 
ORD.  NO. 13-2024 - An ordinance amending Section 1256.04(m) of the Codified Ordinances of the City of 
 Brunswick by imposing additional restrictions for vape and smoke shops. -1st Reading (To be brought from 
 Planning & Zoning Committee, Administration/Grant Aungst): 

 Mr. Delsanter moved this ordinance to second reading and referred it back of Planning Commission for 
 review. 
 ORD. NO. 14-2024 - An ordinance amending Section A(9) of the Design Guidelines for the Northwest 
 Neighborhood of the Brunswick Town Center Special Planning District No. 2 by imposing additional 
 restrictions for vape and smoke shops. - 1st Reading (To be brought from Planning & Zoning Committee, 
 Administration/Grant Aungst): 

 Mr. Delsanter moved this ordinance to second reading and referred it back to the Planning Commission for 
 review. 
 RES. NO. 15-2024 - An emergency resolution authorizing the City Manager to enter into an agreement with 
 Set in Stone Contracting, LLC for the Magnolia Drive Phase 2 Improvement Project in an amount not to 
 exceed $619,000.00. - 1st Reading (To be brought from Services, Utilities, Technology & Cable Committee, 
 Administration/Matt Jones): 


CITY OF BRUNSWICK                                                                                3 
Brunswick City Council                                               Monday. Ft:bru.if\ I 2. ~02-l 


Tim Smith moved to suspend the rules, seconded by Kristy Piper. Roll Call -Ayes - 6, Nicholas Hanek, Michael 
 Abeita Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. Nays · 0. Motion Carried. 

Tim Smith moved to adopt Resolution Number 15-2024, seconded by Keith Kuczma. Roll Call ·Ayes - 6, 
 Nicholas Hanek, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. Nays - 0. Motion 
Carried. 
ORD. NO. 16-2024 - An emergency ordinance amending ordinance #98-2023 to include amendments to the 
 Appropriation Budget for the year ending December 31, 2024 as incorporated in Exhibit "A" attached hereto. 
- 1st Reading (To be brought from the Finance Committee, Administration/Todd Fischer): 

 Michael Abella Jr. moved to suspend the rules, seconded by Joseph Delsanter. Roll Call - Ayes - 6, Nicholas 
 Hanek, Michael Abella Jr., Keith Kuczma, Joseph Oelsanter, Tim Smith, Kristy Piper. Nays - 0. Motion Carried. 

 Michael Abella Jr. moved to adopt Ordinance Number 16· 2024, seconded by Keith Kuczma. Roll Call - Ayes -
 6, Nicholas Hanek, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. Nays - 0. 
 Motion Carried. 
 ORO. NO. 17-2024- An ordinance establishing Sections 12.42.02(32.1) and (84.1) of the Codified Ordinances 
 of the City of Brunswick by defining "Electronic Smoking Device" and "tobacco products". - 1st Reading (To 
 be brought from Planning & Zoning Committee, Administration/Grant Aungst): 

 Mr. Delsanter moved this ordinance to second reading and referred it back to the Planning Commission for 
 review. 
 ORD. NO. 18-2024- An ordinance establishing Section 1274.17 of the Codified Ordinances of the City of 
 Brunswick by providing additional conditional use standards for vape and smoke shops.- 1st Reading (To be 
 brought from Planning & Zoning Committee, Administration/Grant Aungst): 

 Mr. Delsanter moved this ordinance to second reading and referred it back to the Planning Commission for 
 review. 
 ORO. NO. 19-2024 - An ordinance amending Section 1242.02(94) of the Codified Ordinances of the City of 
 Brunswick by updating the definition of vape and smoke shops. - 1st Reading (To be brought from Planning & 
 Zoning Committee, Administration/Grant Aungst): 

 Mr. Delsanter moved this ordinance to second reading and referred it back to the Planning Commission for 
 review. 
 ORD. NO. 20-2024 -An ordinance repealing and replacing Section 636.19 of the City of Brunswick Codified 
 Ordinances. - 1st Reading (To be brought from Planning & Zoning Committee, Administration/Grant 
 Aungst): 

 Mr. Delsanter moved this ordinance to second reading. 
 RES. NO. 21-2024 - An emergency resolution accepting a water main easement from Industrial Parkway 
 Partners LLC. - 1st Reading (To be brought from Services, Utilities, Technology & Cable 
 Committee, Administration/Matt Jones): 

 Tim Smith moved to suspend the rules, seconded by Kristy Piper. Roll Call -Ayes - 6, Nicholas Hanek, 
 Brandon Lambert, Michael Abella Jr., Keith Kuczma, Joseph Oelsanter, Tim Smith, Kristy Piper. Nays - 0. 
 Motion Carried. 


 CITY OF BRUNSWICK 
Bruns\\ ick City Council 


 Tim Smith moved to adopt Resolution Number 21-2-24, seconded by Joseph Delsanter. Roll Call -Ayes - 6, 
 Nichofas Hanek, Michael Abella Jr., Ke ith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. Nays - 0. Motion 
 Carr fed. 
 ORD. NO. 22-2024 - An emergency ordinance to transfer and advance funds. -1st Reading (To be brought 
 from Finance Committee, Administration/Todd Fischer): 

 Michael Abella Jr. moved to suspend the rules, seconded by Keith Kuczma. Roll Call -Ayes - 6, Nicholas 
 Hanek, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. Nays - 0. Motion Carried. 

 Michael Abella Jr. moved to adopt Ordinance Number 22-2024, seconded by Keith Kuczma. Roll Call - Ayes -
 6, Nicholas Hanek, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. Nays - 0. 
 Motion Carried. 
 City Manager's Report Carl DeForest announced that Lt. Robert Safran will be promoted to Police Chief on 
 Tuesday, February 27 at 4:30 p.m. at City Hall. Chief Brian Ohlin will be retiring effective February 24. 
 Sergeant Chris Spencer will be promoted to Lieutenant on February 27. 

 Mr. Deforest then informed that City Hall would be closed on Monday, February 19 in observance of 
 President's Day. This will not affect trash pick-up. 
 Open Forum  There was none. 
 Unfinished Business There was none. 
 New Business 
 A liquor permit request from Jalisco 71 LLC at 3329 Center Road, Brunswick, Ohio 44212: 

 There were no objections from the administration. 

 Mr. Smith wished everyone a Happy Valentine's Day. 
 Adjournment  Joseph Delsanter moved to adjourn, seconded by Keith Kuczma. Roll Call - Ayes - 6, Nicholas 
 Hanek, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Sm•th, Kristy Piper. Nays - 0. Motion Carried. 

 There being no further business, the meeting adjourned at 7:18 p.m. 

 Respectfully submitted, 
                               ... 


 Laura Timura 
Clerk of Counci l 

:2~ ;;> 

 February      26,   2024 
 Adopted 


 CITY OF BRUNSWICK                                                                                5
City Council Meeting — 2024-02-12 | Urbyn