CITY COUNCIL MINUTES

 

JANUARY 25, 2007

 

The meeting was called to order by President Pleasant at 7:00 p.m.

 

MEMBERS PRESENT:  Ms. Sellers, Mr. Fogt, Mr. Pleasant, Mr. Burke, Mr. Reams, Mr. Gore  EXCUSED:  Mr. Marshall

 

OTHERS PRESENT:  Mayor Kruse, Finance Director Morehart, Law Director Aslaner, Clerk Patterson

 

REPORTERS PRESENT:  Ryan Horns (Journal Tribune)

 

CITIZENS PRESENT:  Donna Nicol, Craig Nicol, Lisa Bowers, Steve Rausch, Lt. Mark Ropp, Lucca Blengio, Mike Montgomery, David Althouse, John Price, Chad Jolliff, Myron and Priscilla Gallogly, Floyd Golden, Freeman May, Jesse Dickinson, Clay Cochran, Beth Cochran, Alex Rozanski, John Cunningham, Ken Kraus, Kathy Werkmeister, Lloyd Baker, Don Bergwall, Larry George, George McVey

 

REORGANIZATION:

 

1.     Review Rules of Procedure (AMEND)

 

Mr. Pleasant proposed an amendment to Rule 2, Section G. Mr. Fogt moved to add comments “from the Mayor” prior to Council Persons…..; affirmative voice vote was unanimous.  Rule 2, Section G. should read as follows:  Comments from the Mayor and Council Persons and General Discussion

 

2.     Appoint Council Committees

 

The following Committee appointments were made:

          Finance Committee – Leah Sellers, Dan Fogt, Ed Pleasant

          Public Safety Committee – John Marshall, Mark Reams, Leah Sellers

          Public Services Committee – Dan Fogt, John Gore, Mark Reams

          Public Affairs Committee – David Burke, John Marshall, John Gore

 

All committees were asked to meet as soon as possible to elect a chairman and establish monthly meetings.

 

An AD HOC Committee was created to discuss Water Treatment Options.  Those members are:  David Burke, Chairman, Dan Fogt and John Gore. He asked that this be an aggressive committee and target it for 60 days or less.  Residents are encouraged to attend.  Mr. Burke announced that the first meeting is scheduled for February 7, 2007 at 7:30 p.m. in Council Chambers.  He encouraged the presence of Malcolm Pirnie and the City’s bond underwriters at this meeting. 

 

Councilmen were assigned to the following Committees to represent City Council:

 

          Enterprise Zone Negotiating Team – John Gore

          Tax Incentive Review Council – John Gore

          Ohio Reformatory for Women Committee – David Burke

          CIC Board – David Burke (for a 2-year term expiring December 31, 2008)

          Marysville School District Facilities Planning Committee – John Gore

          Parks & Recreation Representative – John Marshall

 

Mr. Pleasant recommended the following appointments:

 

          Utility Claims Board of Appeals

 

Reappoint Deborah Groat, term to expire March 31, 2008. 

 

Appoint Alex Rozanski to fill the unexpired term of Alice Gordon.  Term to expire March 31, 2007.  Request to reappoint Mr. Rozanski for a 2-year term to expire March 31, 2009.

 

Cemetery Advisory Board

 

         Reappoint Barbara Daniels and Scott Underwood, terms expiring March 31, 2010.

 

Mr. Gore moved to confirm the aforementioned appointments; affirmative voice vote was unanimous.

 

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on January 11, 2007 were approved as written.

 

ADMINISTRATIVE REPORT:  Mayor Kruse, with the assistance of Mr. Pleasant, awarded the Employee of the Quarter to two individuals this quarter due to a tie, Firefighter Steve Rausch and Officer Dennis Flanagan. 

 

Officer Dennis Flanagan has been a member of the Police Division since 2002.  His primary assignment is that of the Marysville Middle School Resource Officer.  He is also assigned as the DARE Officer at the Creekview Intermediate School.  These duties were previously assigned to two separate officers.  Some projects he accomplished this past quarter include revising the Emergency Procedures manual for both schools, assisting the school nurse in updating the First Aid guidelines for both schools, helping the Marysville Middle School staff in preparing a presentation on Internet safety for students, parents, staff and residents of the community, and coordinating random K-9 searches at the Middle School to now include classrooms, as well as buildings and lockers.

 

Firefighter Steve Rausch is an outstanding firefighter and has professionally functioned as the maintenance coordinator for the Fire Division for a number of years. His maintenance program is summed up in one word- quality. This program encompasses preventative, emergency, and routine maintenance duties for the entire fleet.  Steve’s efforts saved the City countless dollars and an untold amount of vehicle down time. His other projects for this past quarter include serving on the Ladder 271 specification development committee, Grass Fighter configuration team leader, as well as the Division radio/communications liaison.

 

REPORT OF CLERK OF COUNCIL:  No report.

 

REPORT OF PLANNING COMMISSION:  Mr. John Cunningham addressed Council.  He thanked former City Council President John Gore for an outstanding year of cooperative working with Planning Commission.   Several issues came up before both Planning Commission and City Council and those issues were resolved in a very collegial fashion. 

 

Planning Commission held a special meeting to discuss their “to-do” list.  A number of items will be brought to City Council.  The Planning Commission wants to continue to work cooperatively with City Council. 

 

One key item the Planning Commission will be looking at in the future is the myriad of comprehensive plans and plans for the City that’s out there, with the hopes of bringing those together.  Would like to have something that is a little more handy as a tool for City Planning, as well as for City Council, to be able to reference as the City continues to grow and create a vibrant community.  Hope to create a new comprehensive and strategic plan that will provide better guidance so they can definitively make some direction changes on some issues that come before Planning Commission and City Council.  Mr. Cunningham said that Planning Commission would like to be informed of any discussions revolving around city planning and the future development within the City.  Mr. Pleasant made the commitment that Planning Commission will be included in those discussions.

 

HEARING OF CITIZENS:

 

·        Public Hearing – FY2007 CHIP and Formula Funding for City of Marysville

 

Ms. Kathy Werkmeister from the Mid-Ohio Regional Planning Commission (MORPC) addressed Council.  MORPC administers housing programs on behalf of the City.  These programs are funded by the State of Ohio.  This is the first public hearing for the year 2007, which is required in order to apply for housing programs.  The City wants to apply for the CHIP Program in April.  Two public hearings are required, this one tonight and one in March.  The City will be preparing a Formula application for funds in July, so this hearing serves as the first hearing for that application as well.  These Programs are funded by HUD funds, which mean they must meet certain requirements.  They have to serve low to moderate income persons; must aid in prevention of slum or blight or must meet an urgent need in the community.  This is a requirement of the CDBG (Community Development Block Grant) funds.  The City has benefited from these funds the past three years.  CDBG funds are used to administer housing programs.  HOME funds are also used which require bringing the house up to meet local code standards and state requirements.  The City has participated in the CHIP Program for the past four years.  The goal is to complete everything by the end of August and by that point, they will have provided home repairs for 19 households, total housing rehab top to bottom for six households and down payment assistance and rehabilitation services for three households.  Those three families also receive home-ownership counseling.  There are other activities that are eligible under these programs, however, the City has developed a five-year housing strategy called the CHIS, and the CHIS sets these three projects as the main priorities for the next five years for the City. 

 

In order to apply for funding, two public hearings must be held for this program and two hearings for the Formula Program.  Citizen participation is appreciated.  Citizen complaint procedures are in place.  There is a CHIP office on the 2nd floor of City Hall. 

 

Fair Housing is encouraged and education is provided.  Fair Housing flyers were made available at the meeting.  Fair Housing encompasses a whole range of activities from tenants being treated fairly by their landlord in one unit or in a whole project.  There is a local Fair Housing contact at City Hall. 

 

The second public hearing will be March 8th as a part of the City Council meeting.  Details for the CHIP application will be provided at the March 8th Public Hearing.  The application will be ready to submit on April 5, 2007. 

 

Ms. Kathy House, Director of Administration for the City of Marysville, administers the Formula Program.  The City has taken advantage of this program in order to apply for funds to do street improvements for Maple Street and other streets close to the downtown area.  The City will be putting that application together in July.

 

Marysville is an equal housing opportunity lender.

 

Mr. Fogt asked if all the available money from the last grant was used.  Ms. Werkmeister stated with the round of funds the City is in right now, they can do one more home repair than planned because a couple of the projects came in under budget.  All the dollars will be spent.  They’re in the process of identifying one or two more families for the housing rehab program.  Four to five families have been identified.  One house is finished, two are under construction and another job is going out to bid this week.  Definitely need one more family for this program.  Under down payment assistance, two are closed and a third family is needed.  Up to $32,000 can be lent to the family for the purchase and repair of the home. 

 

·        ODNR Presentation on Emerald Ash Borer

 

City Planner Greg DeLong addressed Council.  He gave a preview of the Emerald Ash Borer presentation.  The Emerald Ash Borer (EAB) is spreading throughout the State of Ohio, and the City wants to be proactive.  ODNR will inform the City on some things it can do to be proactive in combating this, should and when it happens. 

 

Ms. Lisa Bowers of ODNR addressed Council.  She presented the economic and ecological impacts of the Emerald Ash Borer in Ohio.

 

·        There are 3.8 billion ash trees and about 1 out of every 10 trees in Ohio are ash.

·        Ash is one of the most common tree species in urban forests.  It is a replacement for the American elms.

·        Ash is approximately 7.5% of sawmill sales.  Potential loss of this with the ash would be $200M year.

·        As of May 2002, there was $20M of standing ash trees in our nursery industry.

·        Emerald Ash Borer is currently found in five states, Illinois, Indiana, Michigan, Maryland and Ohio.  It was brought in on crates in the Detroit area and believed to have been there at least 10-12 years before the infestation was discovered in 2002.

·        There are infestations in Marion, Delaware and Logan Counties.  It’s probably here already, but just hasn’t been found.

·        Life Cycle

o       One generation per year

o       Beetles emerge from late May to early August, mate and lay eggs on ash trees

o       Larvae hatch, bore into the tree and develop in mid-to-late summer.

o       Over winter as mature larvae

o       In mid-to-late spring, goes back into the adult stage.

Photos were shown of the damage it does to trees.

·        Emerald Ash Borer was discovered in 2003 in the Easton area in Franklin County.  It was infested nursery stock from Michigan. 

·        Eradication efforts were cutting down and removing all the trees in a ½ mile radius from the infested site.  This was funded by the USDA, but these funds are no longer available for this expensive effort.

·        Emerald Ash Borer was discovered in 2006 in Franklin County, even after the eradication efforts. 

 

How will Marysville be impacted?

 

·        Several plans as recent as 2006 have been approved with ash trees.  The Division of Forestry is recommending not planting ash trees at this time. 

·        Street trees - There are approximately 550 ash trees that can be removed by Staff and approximately 65 ash trees that would need to be removed by a contractor.

·        This does not have to be done in the near future, but it’s good to have the inventory done. 

·        Park trees – Still to be determined.

·        Estimated street tree removal timeframe can be determined by a Management Plan.  Need to prioritize the removals depending on the condition of the trees.

·        Reforestation – Still to be determined.

·        Impact on local budgets.  Ms. Bowers presented the situation in Ann Arbor. They had 10,800 public ash trees.  Taking down these dead and dying trees and reforestation would cost about $4.5M. 

·        Unlike an oak tree, the ash tree will break up and fall apart when they start to die and decline.  This would be a public safety issue. 

·        Ann Arbor reallocated $2.1M to remove 10,500 municipal trees as follows:

o       $664,000 from self-insurance risk fund

o       $500,000 from parks’ repair and restoration millage

o       $270,000 from forestry operations

o       $700,000 from bonds to pay for new township maintenance facility

·        ODNR is encouraging communities to create an EAB Management Plan.

·        Elements of this Plan

o       Purpose

·        Declare the purpose and intent of the Plan and how it affects public health, safety and welfare

o       Ash Removal

·        Inventory all publicly-owned ash trees and prioritize a removal plan

o       Monitoring

·        Identify possible sources of EAB importation into the community

·        Detection trees

·        Inspect all ash wood when pruning and removing trees

o       Communication

·        Develop a Communication Plan by outlining and prioritizing target groups, your intended messages and possible media delivery including:  Marysville Journal Tribune and the About Town Newsletter, Master Gardeners, etc.

o       Canopy Replacement & Care

·        Replacement strategy

·        Future care

·        Diversify

o       Postponed Work

·        Identify normal urban forest management activities that will be affected:  pruning cycles, leaf pick-up, planting projects, brush collection, shifting of staff

o       Private ash Trees

o       Budget

·        Identify a budget and timeframe for dealing with an EAB infestation

 

Ohio Communities with EAB Management Plans can be found on the ODNR website, www.ohiodnr.com/forestry.

 

The Ohio Department of Agriculture and the Division of Forestry is holding an EAB Workshop in Marysville on Wednesday, January 31st, 2:00-4:00 p.m. and 7:00–9:00 p.m. at the Agricultural Center on State Route 4. 

 

Mr. Reams asked when the ash trees are gone, what will the EAB move on to?  Ms. Bowers said in Asia, the EAB’s have been known to lay eggs on walnut trees, but they didn’t kill the  trees.  There were also some elm trees.  To date, they have not gone on to anything but the ash trees. 

 

Mr. Fogt confirmed that the ash trees can be used by sawmills.  Ms. Bowers agreed.  He asked if the City would be able to sell trees to a local sawmill instead of having to pay $600 per tree for removal or just let the sawmill cut them.  Ms. Bowers said some communities are doing a wood utilization program.  The Division of Forestry is holding a workshop in Sandusky for wood utilization. 

 

The Emerald Ash Borer has not been found in Union County yet, but the County is surrounded with them. 

 

RESOLUTIONS 

 

“A RESOLUTION ADOPTING THE UPTOWN MARYSVILLE REVITALIZATION PLAN” was presented for second reading, public hearing.  Mr. Burke moved to waive reading in full; affirmative voice vote was unanimous.   Mr. Phillips distributed an Implementation Schedule for the Uptown Improvement Plan.  This schedule covers 15 areas:

1.     Oversee Annual Work Plan

2.     Organize a Special Improvement District (SID)

3.     Pursue Funding Sources, Partnerships and Assistance

4.     Work with City, County & Civic Organizations as Partners

5.     Organize volunteer program

6.     Develop Member Dues & Benefits

7.     Continue local training opportunities and utilize other organizations’

8.     Produce regular press coverage.

9.     Improve parking in Uptown

10. Develop regular maintenance program and increase pedestrian safety

11. Streetscaping

12. Implement the recommendations of the Market Analysis

13. Continue Uptown event programming.

14. Work on Uptown image to travelers.

15. Promote entrepreneurships

 

Mr. Pleasant commented that last week’s meeting on this Plan was very informative and well attended.

 

“TO AUTHORIZE THE MAYOR TO ENTER INTO A PURCHASE CONTRACT FOR THE PROPERTY LOCATED AT 669 MILFORD AVENUE FOR THE PURPOSE OF TRAFFIC ENGINEERING” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.

 

“A RESOLUTION NAMING PARKLAND” was presented for first reading, title only.  Mr. Pleasant explained that at the January 16th Parks & Recreation Meeting, the Commission discussed naming “South Park”.  South Park was not the official name for that part.  Several suggestions were provided by Mr. Rowland Seymour, all having to do with the area where the park is located – in Greenwood Colony.  The name “Greenwood Park” was selected and is being recommended to City Council by the Parks & Recreation Commission.  Any questions should be directed to Steve Conley or John Marshall.

 

Mr. Fogt felt that was a good name for the park. 

 

ORDINANCES

 

“AN ORDINANCE TO PERMIT THE ANNUAL INDEXING OF THE SEWER TAP CONNECTION FEES” was presented for third reading, title only.  Mr. Burke moved to pass the legislation and the question put, stood:

 

Ms. Sellers  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Burke  YES  Mr. Reams  YES  Mr. Gore  YES

 

Ordinance 3-07 passed.

 

“AN ORDINANCE TO PERMIT THE ANNUAL INDEXING OF THE WATER SYSTEM CAPACITY CHARGES” was presented for third reading, title only.  Mr. Burke moved to pass the legislation and the question put, stood:

 

Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Burke  YES  Mr. Reams  YES  Mr. Gore  YES  Ms. Sellers  YES

 

Ordinance 4-07 passed.

 

The ordinance “TO AMEND SECTION 1143.18, SIGNS IN B-1, TOC AND SD-1 ZONING DISTRICTS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for second reading, public hearing.    Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  Mr. John Cunningham clarified that the signs in this code are not intended for shopping centers, but for commercial developments such as Coleman’s Crossing and City Gate.  A Public Hearing will be held on February 22, 2007 at 7:00 p.m.

 

The ordinance “TO AMEND CHAPTER 1135, DISTRICT ESTABLISHMENT AND PURPOSE, BY ADDING SECTION 1135.19, GOVERNMENT USE DISTRICT (GOV) AND CHAPTER 1137, DISTRICT REGULATIONS, BY ADDING SECTION 1137.23, GOVERNMENT USE DISTRICT (GOV) OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Cunningham explained that this district is being established to protect the citizenry and allow for government usage of property and to allow for deliberations should that usage ever change.  A Public Hearing will be held on February 22, 2007 at 7:00 p.m.

 

The ordinance “TO AMEND SECTION 1109.16, DRIVEWAYS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Cunningham explained this change is being made to correct a typo in the code.  Mr. Reams asked if it was possible that the word “minimum” was to have been “maximum?”  Mr. Cunningham said it could have been maximum.  A Public Hearing will be held on February 22, 2007 at 7:00 p.m.

 

The ordinance “TO APPROVE THE FINAL DEVELOPMENT PLAN FOR THE OAKS PLANNED UNIT DEVELOPMENT” was presented for second reading, public hearing. Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Myron Gallogly said this development is proposed for 64 acres between Rt. 38 and 736.  Plan is to develop this land into 50 residential lots, which will have a street entrance off of 38 and go clear through to 736.  There are 20 acres as a single lot for condo development.  Under the PUD SR, that is single detached condos.  Residential lots are ½ acre to over an acre in size.  Most of the lots slope to the rear, which will allow for a rear walk-out with light in the basement.  The first phase is intended to be 21 lots off of Rt. 38.  Construction plans have been approved.  After Council takes action, the final plat will be presented for approval.  Plans are to proceed with construction this spring.

 

The ordinance “TO APPROPRIATE $189,400 FROM UNAPPROPRIATED GENERAL FUNDS FOR THE PURCHASE AND DEMOLITION OF THE PROPERTY LOCATED AT 669 MILFORD AVENUE, MARYSVILLE, OHIO, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THESE EXPENDITURES” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Don Bergwall stated the purchase of this property and the demolition of this building is going to go along ways toward improving things in the City.  He applauded the City for taking this action.

 

The ordinance “TO APPROPRIATE $13,800 FROM UNAPPRORIATED GENERAL FUNDS FOR THE COSTS OF DEMOLISHING THE CITY-OWNED PROPERTY AT 410 S. MAIN STREET, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THE DEMOLISHING EXPENSES” was presented for first reading, title only.  Mr. Morehart explained that Council approved demolition costs for this property late last year.  Unfortunately, a purchase order was not submitted prior to December 31, 2006.  The books are closed and we can’t go back.  The purpose of this legislation to appropriate those dollars so the City can proceed with payment.

 

Since the funds were approved once, Mr. Reams moved to waive second reading, public hearing and the question put, stood:

 

Mr. Pleasant  YES  Mr. Burke  YES  Mr. Reams  YES  Mr. Gore  YES  Ms. Sellers  YES  Mr. Fogt

 

Motion passed.

 

Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous. 

 

Mr. Cunningham expressed a concern of this type of processing. As Chief Fiscal Officer for 32 agencies with the State of Ohio, he would hold this as to be unintenable action, not what Council is doing, but the failure to create a purchase order at the end of the year.  He hopes action would be taken within the budget office to make sure that something like this does not happen again. 

 

Mr. Reams moved to waive third reading, title only and the question put, stood: 

 

Mr. Burke  YES  Mr. Reams  YES  Mr. Gore  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Pleasant  YES

 

Motion passed.

 

Mr. Reams moved to pass the legislation and the question put, stood:

 

Mr. Reams  YES  Mr. Gore  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Burke  YES

 

Ordinance 5-07 passed.

 

COMMENTS OF THE MAYOR AND CITY COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative.

 

·        Mr. Marshall submitted a report via a memo to Mr. Pleasant.   The Commission met on January 16, 2007 to discuss naming of South Park.  Recommendation is Greenwood Park.

 

·        The recent “Frozen Nose 4-Mile Run” was held January 20th.  More than 80 people participated.  Thanks to all those who volunteered their time to make this event successful. 

 

Mr. Pleasant proposed changing the meeting dates for November and December 2007 to the first and third Thursday to avoid conflict with the holidays.  Dates would be November 1 and 15 and December 6 and 20.  Mr. Reams moved to accept the amended dates; affirmative voice vote was unanimous. 

 

Mr. Burke reminded everyone of the Ad Hoc Committee meeting scheduled for February 7, 2007 at 7:30 p.m. in Council Chambers.  Water rates and their duration will be discussed.  He encouraged public comment, along with participation of Malcolm Pirnie and bond underwriters. 

 

Mr. Fogt committed that the Ad Hoc Committee would do everything possible to investigate the water issues fully.

 

Mr. Pleasant asked Council Members if they had any ideas for articles for About Town, to please let him know.

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 8:00 p.m.