CITY COUNCIL MINUTES
DECEMBER 16, 2004
The meeting was called to
order by President Taylor at 7:00 p.m.
MEMBERS PRESENT: Mr. Marshall, Mr. Fogt,
Mr. Taylor, Mr. Burke, Mr. Reams, Mr. Pleasant Excused: Mr. Gore
OTHERS PRESENT: Mayor Kruse, Director of Administration
House, Finance Director Morehart, City Engineer Roush, Law Director Aslaner, Clerk Patterson
REPORTERS PRESENT: Ryan Horns – Journal Tribune, Lois Gruenbaum – WUCO
CITIZENS PRESENT: Neil Vollrath, Rick
Shortell, Larry Young, Mark McGinley, Steve Gilmore,
Joe Elk, Alan Seymour, Gary Lee, Bill Schrader, Adrea
Comer, Jeff Comer, Peter Griffin, Larry Zimmerman, Dave McCarty, John MacIvor, Nancy Cowgill, David
Allen, Dennis Schulze, Mike Witzky
APPROVAL OF MINUTES: There being no additions or corrections, the
minutes for the Joint Council/County Commissioner
Meeting of December 2, 2004 were approved as written.
There being no additions or
corrections, the minutes for the Council meeting of December
2, 2004 were approved as written.
ADMINISTRATIVE REPORT: Mayor Kruse reported the following:
Ø
City negotiated
action with ODOT regarding a light and turn lanes on Rt. 4 Bypass and
Ø
Signs and
flashing lights have been posted on
Ø
Speed limit on
Rt. 38/Boerger Road area has been reduced to 35 MPH.
Ø
Storm sewer
project starting on
Ø
Five City trucks
with plows are out of commission. Only
two trucks are functional.
Ø
Requested an
Executive Session to discuss acquisition of land for public purposes. May be a press release following the
Executive Session.
REPORT OF CLERK OF
COUNCIL: No report.
REPORT OF LAW DIRECTOR: No report.
HEARING OF CITIZENS: Mr. Seymour, Planning Commission Chairman,
addressed Council. He corrected a
statement he made at a previous meeting.
U-1 Township Zoning is single-family housing, low density, not
multi-family as previously reported. He
noted zoning is about defining the best use for the land, and considerations
for that kind of definition includes land characteristics, surrounding conditions,
as they exist today, and if the land should be developed in the future. This parcel should conform to City laws
rather than Township laws. Two most
likely options for rezoning of this property are A-R or R-2 because those
districts flank this property. The
purpose for this rezoning application is to pave the way for the Adena Pointe development.
Adena Pointe has not been presented to
Planning Commission. R-2 zoning is more
likely to provide new and beneficial infrastructure than A-R. R-2 zoning would position the Links
development to have access to
Mr. Reams asked why R-1 or
S-R were not discussed as an option. Response was because of spot zoning
issues. It would be in the heart of R-2
and A-R.
Mr. Dennis Schulze is the
attorney representing the owner of the land in question. He added this is part of a parcel which is
mostly R-2.
The resolution “TO APPROVE
THE CONTINUANCE OF ENTERPRISE ZONE TAX INCENTIVE AGREEMENTS WITH VARIOUS
COMPANIES AND TO REPORT SUCH FINDINGS TO THE OHIO DEPARTMENT OF DEVELOPMENT”
was presented for third reading, title only.
Motion was made to pass the legislation and the question put, stood:
Mr. Fogt ABSTAIN Mr. Taylor
YES Mr. Burke YES Mr.
Reams YES Mr. Pleasant
YES Mr. Marshall ABSTAIN
Resolution 27-04 passed.
The “RESOLUTION AUTHORIZING
THE CITY ADMINISTRATION TO SELL .1500 ACRES OF VACANT LAND DESCRIBED AS LOT #98
LOCATED AT THE END OF NORTH WALNUT STREET” was presented for second reading,
public hearing. Motion was made to waive
reading in full; affirmative voice vote was unanimous.
“A RESOLUTION STATING THE
SERVICES TO BE PROVIDED TO 4.1020 ACRES PROPOSED TO BE ANNEXED FROM PARIS
TOWNSHIP,
Mr. Aslaner
proposed an amendment by adding an emergency clause in order to meet the
timeframe dictated by the Ohio Revised Code for annexations. He also
recommended putting this legislation on the December 30th agenda. Motion was made to accept the amendment and
the question put, stood:
Mr. Taylor YES
Mr. Burke YES Mr. Reams
YES Mr. Pleasant YES
Mr. Marshall YES Mr. Fogt YES
Motion passed.
The ordinance “ADOPTING AN
ANNUAL OPERATING BUDGET FOR 2005” was presented for third reading, title
only. Motion was made to pass the
legislation and the question put, stood:
Mr. Burke YES
Mr. Reams YES Mr. Pleasant
YES Mr. Marshall YES
Mr. Fogt
NO Mr. Taylor YES
Ordinance 60-04 passed.
The ordinance “ADOPTING A
CAPITAL BUDGET FOR 2005” was presented for third reading, title only. Motion was made to pass the legislation and
the question put, stood:
Mr. Reams YES
Mr. Pleasant YES Mr. Marshall
YES Mr. Fogt YES
Mr. Taylor YES Mr. Burke
YES
Ordinance 61-04 passed.
The ordinance “ANNUAL
APPROPRIATION ORDINANCE” was presented for third reading, title only. Motion was made to pass the legislation and
the question put, stood:
Mr. Pleasant YES
Mr. Marshall YES Mr. Fogt NO Mr.
Taylor YES Mr. Burke
YES Mr. Reams YES
Ordinance 62-04 passed.
The ordinance “SETTING
COMPENSATION FOR ALL CITY EMPLOYEES – 2005” was presented for third reading,
title only. Motion was made to pass the
legislation and the question put, stood:
Mr. Marshall YES
Mr. Fogt
NO Mr. Taylor YES
Mr. Burke YES Mr. Reams
YES Mr. Pleasant YES
Ordinance 63-04 passed.
The ordinance “AUTHORIZING
THE FINANCE DIRECTOR TO MAKE REQUIRED TRANSFERS AS APPROVED IN THE ANNUAL
APPROPRIATION ORDINANCE” was presented for third reading, title only. Motion was made to pass the legislation and
the question put, stood:
Mr. Fogt YES
Mr. Taylor YES Mr. Burke
YES Mr. Reams YES
Mr. Pleasant YES Mr. Marshall
YES
Ordinance 64-04 passed.
“AN ORDINANCE AMENDING AND
REPEALING CERTAIN SECTIONS OF CHAPTER 141 OF THE CODIFIED ORDINANCES OF THE
CITY OF MARYSVILLE TO REMOVE THE CREDIT FOR TAXES PAID TO OTHER MUNICIPALITIES
AND DECLARING AN EMERGENCY” was presented for third reading, title only. Mr. Taylor answered some questions received
from individuals. No retired individual
will be paying an income tax as part of this legislation. This is not a 3% tax increase or a 6% tax
increase for two people; it is a ½% increase.
It’s a flat 1% tax for the City of
Mr. Larry Young addressed
Council and expressed concerns. 1) Paying additional $500 per year. 2) Pits
neighbor against neighbor. 3) Wonders when truth is the truth or what’s
happening. Recall reading where there
would be no additional taxes. He asked
how many people this would affect? Response was 30% of resident taxpayers or a
little over 3100 people and would generate in excess of $400,000. 4) Questioned the fairness. Is paying taxes to two locations fair? 5)
Opposed to declaring this legislation an emergency and taking away the
right of referendum. 6) Biggest concern is he can be counted on for a
“yes” vote most of the time. Passing
this legislation will turn him into a “no” vote on other issues.
Ms. Adrea
Comer addressed Council. Property was
revaluated and increased 36%. Will now
be paying double what she was paying in 2003 and 2004. She noted expenses for commuting are
high. Tax credits are given to valued
residents, and feels Marysville does not value commuters. Feels this change will discourage people from
moving to Marysville. Does not feel this
is what’s best for Marysville. She asked
Council’s consideration to not pass this legislation.
In answer to a question
whether Mr. Taylor had contacted any of the cities in question, such as
Columbus and Bellefontaine, about repealing part of their taxes, he did call
and the response was “no, we need it.”
Ms. Nancy Cowgill
addressed Council and agreed with Ms. Comer.
Feels it’s unfair for Council to make commuters pay the ½% tax. Also feels residents should be able to vote
on tax.
Mr. Dave McCarty noted sewer
lines tore up his driveway. There are no
sidewalks, streetlights don’t work all the time,
etc. Would go for a
tax if he had City services. City
should tax people who are moving into town, not the ones who have lived in
Marysville for years.
Mr. Pleasant read a statement
from Mr. Gore, who was unable to attend the meeting. Mr. Gore expressed his support for the
elimination of the 1/2 % income tax and also wanted to make everyone aware that
it impacts him; he lives in Marysville and works in
Mr. Pleasant asked the rest
of Council to consider, if this ordinance passes, a subcommittee to explore
possibilities of, if and when the unencumbered balances achieve a certain
point, looking at reinstating the credit and setting up some guidelines. Also look at the possibility of decreasing
overall income tax from a 1% to a .9 if the unencumbered balance exceeds a
number. Would like to
look at any and all possibilities to offset across the board, such as a license
plate tax.
Mr. Fogt
stated he understood the comments made by the residents. City is spending more
on City services than they have revenues for people moving into the
community. He noted approximately 2,000
more homes will be built here in the near future and many of those people would
come in paying only ½% income tax. It
is unfortunate that this includes some long-time residents. Streets need fixed and fire and police
services are in need.
Mr. Marshall commented on the
issue of fairness. He stated 30% have
been paying only ½%, while 70% are paying a full 1%. Marysville residents are using City services,
Fire and Police, etc. People are moving
to Marysville because land is cheap, houses are cheap and taxes are low. It’s more economical to live here than other
areas. He noted plows are not operable
and Fire Department equipment is needed.
More money is needed for capital improvements.
Motion was made to pass the
legislation and the question put, stood
Mr. Taylor YES
Mr. Burke YES Mr. Reams
YES Mr. Pleasant YES
Mr. Marshall YES Mr. Fogt YES
Ordinance 65-04 passed.
“AN
ORDINANCE APPROVING AN ECONOMIC DEVELOPMENT PLAN AS CERTIFIED BY THE CITY
ENGINEER IN CONNECTION WITH THE ESTABLISHMENT OF AN INCENTIVE DISTRICT IN THE
CITY; AUTHORIZING THE CREATION OF THE GALBURY
MEADOWS INCENTIVE DISTRICT WITHIN THE CITY OF MARYSVILLE; DECLARING
IMPROVEMENTS TO CERTAIN REAL PROPERTY WITHIN SUCH INCENTIVE DISTRICT TO BE A
PUBLIC PURPOSE; DESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO
BENEFIT SUCH INCENTIVE DISTRICT; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES;
CREATING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE
DEPOSIT OF THE BALANCE OF SUCH SERVICE PAYMENTS; AUTHORIZING THE EXECUTION OF A
SERVICE PAYMENT AGREEMENT WITH THE PROPERTY OWNER OF SUCH INCENTIVE DISTRICT;
AUTHORIZING THE EXECUTION OF A SCHOOL COMPENSATION AGREEMENT WITH THE
MARYSVILLE EXEMPTED VILLAGE SCHOOL DISTRICT; AND DECLARING AN EMERGENCY” was
presented for second reading, public hearing.
Motion was made to waive reading in full; affirmative voice vote was
unanimous.
Mayor Kruse introduced Mr.
Price Finley of Bricker & Eckler, LLP. He explained how a TIF district works. Property taxes are assessed based on current
value of the land. It exempts the
increased value in real property from real property taxes, and uses service
payments in lieu of taxes made with respect to that increased property value to
pay for infrastructure improvements that serve the properties in that incentive
district. He noted existing property
taxes would continue to be paid and distributed as before. Property owner will not receive a reduction
in property taxes that they pay. The
difference between these residential TIFs and the
Coleman’s Crossing TIF is by creating these incentive districts, Ohio law
permits a city to capture the value of not only commercial property, such as
Coleman’s Crossing, but also to capture the value of residential value in the
incentive district. A TIF can run for no
longer than 30 years. Once the
infrastructure improvements that are being funded by that TIF have been paid
for or bonds have been paid off,
Proposed Residential
Incentive Districts:
1)
The Woods at
2)
Keystone Crossing
3)
4)
Adena Pointe
5)
The Links
6)
Walkers Meadow
7)
Galbury Meadows
Mr. Larry Zimmerman explained
how the school district benefits from a TIF.
Ø
A residential TIF
allows growth help pay for itself.
Current residents will see fewer tax increases, therefore pay less
tax. Without a TIF, for every $1 million
dollars of residential construction, the district loses $8,050 in state school
formula dollars. A TIF would allow those
funds to not be lost.
Ø
A residential TIF
creates a stable “funding stream” of dollars.
The “stream” of dollars from a residential TIF can be used to create
bond issue “like” dollars that the district could borrow against and therefore,
use to build new school buildings… without taxing current residents.
Ø
A TIF helps
schools better “absorb” the “double whammy” as the Marysville community
grows. Both operating funds and
additional construction funds are necessary as the Marysville community grows.
Ø
A TIF can help
construct new school buildings.
Ø
A TIF slows down
the need for as many school tax issues.
Ø
An Agreement can
be established for the other tax entities to share in the TIF arrangement.
In summary, bottom line is
“Current residents will pay less tax…perhaps none at all… of the future school
construction costs if a Residential TIF is used, because the growth of dollars
to the school district will pay for construction.”
Mayor Kruse stated the
increased revenue would be used for wastewater.
That is the City’s most urgent need.
Without alternate funding sources, sewer rates would increase a total of
85.8% in the first three years. By
establishing these seven (7) TIFs, the rate increases
necessary to implement the wastewater upgrades and/or replacements convert to a
33.5% increase in the first three years. City is pursuing grants as well as direct
appropriations from Congress by working through our elected leaders in
In closing, Mayor Kruse
stated without using this funding tool, the EPA mandated wastewater system
upgrades/construction will have to be funded with rate increases (over 93% in
total). If the City is unable to fund
the mandated upgrades/construction within the EPA’s timeframe, all development
will stop.
Mr. Eric Phillips addressed
Council. He noted an average of $662 per
person is collected annually by the state in sales tax. Of that amount, 1% comes back to
Income tax dollars to the
city will also be generated by each household in these residential areas. Using census data with cost of living
increases added, the median household income in the
City of
Mr. Mike Witzky
of the Mental Health Recovery Board addressed Council. The TIF does affect Mental Health
Recovery. The Board is having trouble
keeping up with their ½ mill levy and the State funds they receive. The last two years they have had to spend
some of their reserves to fund their needs.
He appreciates the school wanting to cooperate and share with the other
entities. The Board will most likely
have to go to the electors to increase their levy tax. He asked for City Council’s support when he
has to go back to the electors for funding.
Mr. Gary Lee,
Mayor Kruse stated he does
not intend to use TIFs over a long period of
time. Without a wastewater treatment
plant, there will be no growth.
Ms. Kim Wilson,
Motion was made to pass the
emergency and the question put, stood:
Mr. Burke YES
Mr. Reams YES Mr. Pleasant
YES Mr. Marshall YES
Mr. Fogt
YES Mr. Taylor YES
Motion passed.
Motion was made to waive
third reading and the question put, stood:
Mr. Reams YES
Mr. Pleasant YES Mr. Marshall
YES Mr. Fogt YES
Mr. Taylor NO Mr. Burke
NO
Motion failed.
Mr. Taylor and Mr. Burke
commented that their “no” vote in no way meant they did not support this
legislation. There were some questions
they needed answers to prior to passage of the legislation.
Mr. Reams commented that in
relation to the other entities involved, MRDD, etc., he’s not insensitive to
those needs. As the father of an
autistic child, they use those services.
It concerns him. He knows what
these entities are going through and knows their services are needed, however, he supports this legislation.
“AN ORDINANCE APPROVING AN
ECONOMIC DEVELOPMENT PLAN AS CERTIFIED BY THE CITY ENGINEER IN CONNECTION WITH
THE ESTABLISHMENT OF AN INCENTIVE DISTRICT IN THE CITY; AUTHORIZING THE CREATION OF THE LINKS INCENTIVE DISTRICT WITHIN
THE CITY OF MARYSVILLE; DECLARING IMPROVEMENTS TO CERTAIN REAL PROPERTY WITHIN
SUCH INCENTIVE DISTRICT TO BE A PUBLIC PURPOSE; DESCRIBING THE PUBLIC
INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT SUCH INCENTIVE DISTRICT;
REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES; CREATING A MUNICIPAL PUBLIC
IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE DEPOSIT OF THE BALANCE OF
SUCH SERVICE PAYMENTS; AUTHORIZING THE EXECUTION OF A SERVICE PAYMENT AGREEMENT
WITH THE PROPERTY OWNER OF SUCH INCENTIVE DISTRICT; AUTHORIZING THE EXECUTION
OF A SCHOOL COMPENSATION AGREEMENT WITH THE MARYSVILLE EXEMPTED VILLAGE SCHOOL
DISTRICT; AND DECLARING AN EMERGENCY” was presented for second reading, public
hearing. Motion was made to waive
reading in full; affirmative voice vote was unanimous. Motion was made to pass the emergency and the
question put, stood:
Mr.
Pleasant YES Mr. Marshall
YES Mr. Fogt YES
Mr. Taylor YES Mr. Burke
YES Mr. Reams YES
Motion
passed.
“AN ORDINANCE APPROVING AN
ECONOMIC DEVELOPMENT PLAN AS CERTIFIED BY THE CITY ENGINEER IN CONNECTION WITH
THE ESTABLISHMENT OF AN INCENTIVE DISTRICT IN THE CITY; AUTHORIZING THE CREATION OF THE KEYSTONE CROSSING INCENTIVE
DISTRICT WITHIN THE CITY OF MARYSVILLE; DECLARING IMPROVEMENTS TO CERTAIN REAL
PROPERTY WITHIN SUCH INCENTIVE DISTRICT TO BE A PUBLIC PURPOSE; DESCRIBING THE
PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT SUCH INCENTIVE
DISTRICT; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES; CREATING A
MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE DEPOSIT OF
THE BALANCE OF SUCH SERVICE PAYMENTS; AUTHORIZING THE EXECUTION OF A SERVICE
PAYMENT AGREEMENT WITH THE PROPERTY OWNER OF SUCH INCENTIVE DISTRICT;
AUTHORIZING THE EXECUTION OF A SCHOOL COMPENSATION AGREEMENT WITH THE
MARYSVILLE EXEMPTED VILLAGE SCHOOL DISTRICT; AND DECLARING AN EMERGENCY” was
presented for second reading, public hearing.
Motion was made to waive reading in full; affirmative voice vote was
unanimous. Motion was made to pass the
emergency and the question put, stood:
Mr. Marshall YES Mr. Fogt YES
Mr. Taylor YES Mr. Burke
YES Mr. Reams YES
Mr. Pleasant YES
Motion passed.
“AN
ORDINANCE APPROVING AN ECONOMIC DEVELOPMENT PLAN AS CERTIFIED BY THE CITY
ENGINEER IN CONNECTION WITH THE ESTABLISHMENT OF AN INCENTIVE DISTRICT IN THE
CITY; AUTHORIZING THE CREATION OF THE CHESTNUT
PARK INCENTIVE DISTRICT WITHIN THE CITY OF MARYSVILLE; DECLARING
IMPROVEMENTS TO CERTAIN REAL PROPERTY WITHIN SUCH INCENTIVE DISTRICT TO BE A
PUBLIC PURPOSE; DESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO
BENEFIT SUCH INCENTIVE DISTRICT; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF
TAXES; CREATING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND
FOR THE DEPOSIT OF THE BALANCE OF SUCH SERVICE PAYMENTS; AUTHORIZING THE
EXECUTION OF A SERVICE PAYMENT AGREEMENT WITH THE PROPERTY OWNER OF SUCH
INCENTIVE DISTRICT; AUTHORIZING THE EXECUTION OF A SCHOOL COMPENSATION
AGREEMENT WITH THE MARYSVILLE EXEMPTED VILLAGE SCHOOL DISTRICT; AND DECLARING
AN EMERGENCY” was presented for second reading, public hearing. Motion was made to waive reading in full;
affirmative voice vote was unanimous.
Motion was made to pass the emergency and the question put, stood:
Mr. Fogt YES
Mr. Taylor YES Mr. Burke
YES Mr. Reams YES
Mr. Pleasant YES Mr. Marshall
YES
Motion passed.
“AN
ORDINANCE APPROVING AN ECONOMIC DEVELOPMENT PLAN AS CERTIFIED BY THE CITY
ENGINEER IN CONNECTION WITH THE ESTABLISHMENT OF AN INCENTIVE DISTRICT IN THE
CITY; AUTHORIZING THE CREATION OF THE ADENA
POINTE INCENTIVE DISTRICT WITHIN THE CITY OF MARYSVILLE; DECLARING
IMPROVEMENTS TO CERTAIN REAL PROPERTY WITHIN SUCH INCENTIVE DISTRICT TO BE A
PUBLIC PURPOSE; DESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO
BENEFIT SUCH INCENTIVE DISTRICT; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF
TAXES; CREATING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND
FOR THE DEPOSIT OF THE BALANCE OF SUCH SERVICE PAYMENTS; AUTHORIZING THE
EXECUTION OF A SERVICE PAYMENT AGREEMENT WITH THE PROPERTY OWNER OF SUCH
INCENTIVE DISTRICT; AUTHORIZING THE EXECUTION OF A SCHOOL COMPENSATION
AGREEMENT WITH THE MARYSVILLE EXEMPTED VILLAGE SCHOOL DISTRICT; AND DECLARING
AN EMERGENCY” was presented for second reading, public hearing. Motion was made to waive reading in full;
affirmative voice vote was unanimous.
Motion was made to pass the emergency and the question put, stood:
Mr. Taylor YES
Mr. Burke YES Mr. Reams
YES Mr. Pleasant YES
Mr. Marshall YES Mr. Fogt YES
Motion passed.
An amendment was proposed
changing the acreage from 86 to 135.
Motion was made to accept the amendment and the question put, stood:
Mr. Burke YES
Mr. Reams YES Mr. Pleasant
YES Mr. Marshall YES Mr.
Fogt YES Mr. Taylor
YES
Legislation re-read as second
reading, public hearing. Motion was made
to waive reading in full; affirmative voice vote was unanimous.
“AN ORDINANCE APPROVING AN
ECONOMIC DEVELOPMENT PLAN AS CERTIFIED BY THE CITY ENGINEER IN CONNECTION WITH
THE ESTABLISHMENT OF AN INCENTIVE DISTRICT IN THE
CITY; AUTHORIZING THE CREATION OF THE WALKER MEADOWS INCENTIVE DISTRICT
WITHIN THE CITY OF MARYSVILLE; DECLARING IMPROVEMENTS TO CERTAIN REAL PROPERTY
WITHIN SUCH INCENTIVE DISTRICT TO BE A PUBLIC PURPOSE; DESCRIBING THE PUBLIC
INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT SUCH INCENTIVE DISTRICT;
REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES; CREATING A MUNICIPAL PUBLIC
IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE DEPOSIT OF THE BALANCE OF
SUCH SERVICE PAYMENTS; AUTHORIZING THE EXECUTION OF A SERVICE PAYMENT AGREEMENT
WITH THE PROPERTY OWNER OF SUCH INCENTIVE DISTRICT; AUTHORIZING THE EXECUTION
OF A SCHOOL COMPENSATION AGREEMENT WITH THE MARYSVILLE EXEMPTED VILLAGE SCHOOL
DISTRICT; AND DECLARING AN EMERGENCY” was presented for second reading, public
hearing. Motion was made to waive
reading in full; affirmative voice vote was unanimous. Motion was made to pass the emergency and the
question put, stood:
Mr.
Reams YES Mr. Pleasant
YES Mr. Marshall YES
Mr. Fogt
YES Mr. Taylor YES
Mr. Burke YES
“AN
ORDINANCE APPROVING AN ECONOMIC DEVELOPMENT PLAN AS CERTIFIED BY THE CITY
ENGINEER IN CONNECTION WITH THE ESTABLISHMENT OF AN INCENTIVE DISTRICT IN THE
CITY; AUTHORIZING THE CREATION OF THE MILL
VALLEY INCENTIVE DISTRICT WITHIN THE CITY OF MARYSVILLE; DECLARING
IMPROVEMENTS TO CERTAIN REAL PROPERTY WITHIN SUCH INCENTIVE DISTRICT TO BE A
PUBLIC PURPOSE; DESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO
BENEFIT SUCH INCENTIVE DISTRICT; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF
TAXES; CREATING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND
FOR THE DEPOSIT OF THE BALANCE OF SUCH SERVICE PAYMENTS; AUTHORIZING THE
EXECUTION OF A SERVICE PAYMENT AGREEMENT WITH THE PROPERTY OWNER OF SUCH
INCENTIVE DISTRICT; AUTHORIZING THE EXECUTION OF A SCHOOL COMPENSATION
AGREEMENT WITH THE MARYSVILLE EXEMPTED VILLAGE SCHOOL DISTRICT; AND DECLARING
AN EMERGENCY” was presented for second reading, public hearing. Motion was made to waive reading in full;
affirmative voice vote was unanimous.
Motion was made to pass the emergency and the question put, stood:
Mr. Pleasant YES
Mr. Marshall YES Mr. Fogt YES
Mr. Taylor YES Mr. Burke
YES Mr. Reams YES
Motion passed.
The ordinance “AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,720,000 OF NOTES IN ANTICIPATION OF THE
ISSUANCE OF BONDS FOR THE PURPOSE OF (I) PURCHASING MOTOR VEHICLES AND RELATED
EQUIPMENT THEREFOR, AND (II) ACQUIRING A PUMPER TRUCK FOR THE CITY OF
MARYSVILLE, AND ALL NECESSARY APPURTENANCES RELATING THERETO, AND (III) PAYING
COSTS ASSOCIATED WITH CONSTRUCTING, RESURFACING AND IMPROVING CITY STREETS, WITH RELATED EQUIPMENT AND ALL NECESSARY
APPURENTENANCES, AND RETIRING NOTES PREVIOUSLY ISSUED FOR SUCH PURPOSE;
AND APPROVING THE FORM OF OFFICIAL STATEMENT
RELATING TO THE NOTES” was presented for first reading, title only. Mr. Morehart stated two notes mature in March
2005. Intent is to combine two notes into
one to combine issuance costs. This is a
one-year note. Mr. Fogt expressed
concern that the street repaving note was to be paid back in five years using
gas tax revenues. Mr. Morehart stated
that was correct and the first amortization would be in March of 2005. It will be rolled for $315,000 less, $115,000
represents the paydown on the vehicle notes and $200,000 will represent the
paydown on the street repaving note.
The ordinance “ACCEPTING A GIFT OF REAL
ESTATE” was presented for first reading, title only. The MacIvor family wishes to give to the City
a wildlife easement and property currently owned by the MacIvor family, heirs
of Dr. Malcolm and Virginia MacIvor.
Mr. Taylor thanked the MacIvor’s on
behalf of Council. “It’s a great
opportunity to say thank you to a family
who has served the community for a long time.” The Mayor requested Council’s consideration
to pass this legislation tonight in order to finalize this by the end of this
year. Motion was made to waive second
reading and the question put, stood:
Mr. Marshall YES
Mr. Fogt YES Mr. Taylor
YES Mr. Burke YES
Mr. Reams YES Mr. Pleasant
YES
Motion passed.
Motion was made to waive reading in
full; affirmative voice vote was unanimous.
Mr. Taylor noted the property would be named “MacIvor Woods.”
Mr. John MacIvor stated, on behalf of
his brother, Dr. Duncan MacIvor, and his sister, Peggy Hendricks, and himself,
that they are pleased to make this donation to the City and believe the City
will do a good job coordinating with the Humane Society and creating something
that will be beneficial for the people in Marysville and profitable for
educational purposes.
Mr. Reams questioned why this
legislation must be passed this evening.
Mr. David Allen, attorney for the MacIvor family, stated that it’s a
matter of tax timing for the family. All
deeds are prepared and everything is ready to go. It makes a very substantial difference to be
able to time this gift this year as opposed to waiting until next year.
Mr. Reams questioned the additional .06
acres and what it’s purpose was, parking or access? Mr. Allen explained that the easement area is
heavily restricted against things like parking areas, so the family agreed to
make an additional gift of other land which is not subject to the easement area
to provide for parking or public access.
Mr. Reams questioned the .06 figure.
Mr. Allen stated it should have been .7, but final description received
today shows .736 acres. Mr. Reams moved
to amend the acreage to read .736 and the question put, stood:
Mr. Fogt
YES Mr. Taylor YES
Mr. Burke YES Mr. Reams
YES Mr. Pleasant YES
Mr. Marshall YES
Legislation re-reread as second reading,
public hearing. Motion was made to waive
reading in full; affirmative voice vote was unanimous.
Mr. Fogt expressed concern that
restrooms would be built in this area.
Feels it would detract from the area.
Public restrooms should be located across the street. Ms. House stated the restrooms would not be
in the preserve itself, but on the .736 acres.
Ms. House assured Mr. Fogt that any improvements would be first discussed with Parks &
Recreation Commission and followed through with Administration.
Motion was made to waive third reading
and the question put, stood:
Mr. Taylor YES
Mr. Burke YES Mr. Reams
YES Mr. Pleasant YES
Mr. Marshall YES Mr. Fogt
YES
Motion passed.
Motion was made to accept the donation
of the real estate gift from the MacIvor family and the question put, stood:
Mr. Burke YES
Mr. Reams YES Mr. Pleasant
YES Mr. Marshall YES
Mr. Fogt YES Mr. Taylor
YES
Ordinance 66-04 passed.
Mr. Taylor stated that a lot of hard
decisions were faced tonight and a lot of citizens were heard from. We are concerned as a Council about what’s
best for Marysville and for all of its citizens. Good neighbors are important.
Mr.
Reams commented that he was happy to see that ODOT has agreed to improve
Collins and Route 4. Appreciated
Administration’s work on that.
The
Frozen Nose 4-Miler will be held on January 15, 2004.
Mr.
Burke stated cases of whooping cough have doubled in Marysville, from 7 to
14. Children’s Hospital tests for pertussis every day.
Wanted to make the public aware of this and asked that the Journal
Tribune help with this public awareness.
Mr.
Marshall commented that it was nice to see the community turn out tonight. He thanked Administration for their
presentation. Felt it was very
educational.
Mr.
Fogt thanked Administration for the TIF
presentation. He noted
Mr.
Aslaner brought to Council’s attention that the
legislation accepting the MacIvor property was not
passed as an emergency, and in order to finalize this issue this year, it needs
an emergency. Motion was made to
reconsider the ordinance “Accepting the Gift of Real Estate” and the question
put, stood:
Mr.
Pleasant YES Mr. Marshall
YES Mr. Fogt YES
Mr. Taylor YES Mr. Burke
YES Mr. Reams YES
Motion
passed.
Motion
was made to accept the amendment by adding the emergency clause and the
question put, stood:
Mr.
Marshall YES Mr. Fogt YES
Mr. Taylor YES Mr. Burke
YES Mr. Reams YES
Mr. Pleasant YES
Re-read legislation as second reading, public hearing. Motion was
made to waive reading in full; affirmative voice vote was unanimous.
Motion
was made to waive third reading and the question put, stood:
Mr. Fogt YES Mr. Taylor
YES Mr. Burke YES
Mr. Reams YES Mr. Pleasant
YES Mr. Marshall YES
Motion was made to pass
the legislation, as amended, and the question put, stood:
Mr. Taylor YES Mr. Burke
YES Mr. Reams YES
Mr. Pleasant YES Mr. Marshall
YES Mr. Fogt YES
Motion
was made to go into Executive Session at 9:50 p.m. to discuss the purchase of
land for public purposes, seconded by Mr. Burke and the question put, stood:
Mr.
Burke YES Mr. Reams
YES Mr. Pleasant YES
Mr. Marshall YES Mr. Fogt YES
Mr. Taylor YES
Motion
passed.
Motion to adjourn Executive Session at 9:58 p.m.
Reconvene
regular session at 9:58 p.m.
Mr.
Taylor announced a site had been selected for the new wastewater treatment
plant, 100 acres, cost is $2.7M. More
details will follow after the first of the year.
ADJOURNMENT: There being no further business to come
before Council, the meeting adjourned at 10:00 p.m.