CITY COUNCIL MINUTES

FEBRUARY 9, 2006

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

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

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

REPORTERS PRESENT: Ryan Horns – Journal Tribune, Lois Gruenbaum –WUCO, Holly Zachariah – Columbus Dispatch

CITIZENS PRESENT: Dennis Schulze, Ken Kraus, Tim Hites, Roger McIntyre, Tim Messer, Dick Noland, John Cunningham, Don Bergwall, Peter Boissiere

REORGANIZATION: Ms. Sellers reported that Public Affairs Committee met to discuss Council Rules of Procedure. The Committee recommended the following amendments:

Rule 2.C.3. Delete: Law Director Report

Rule 2.C Add: Planning Commission Report (2^nd meeting of month)

Council Voting Procedure Sheet Amendments

Legislation (Condolence/Congratulations)- - Change Rule #22 to #23

Waive Readings – Change Rule #22 to #23

Waive Reading in Full – Change Rule #22 to #23

Amendments – Change Rule #23 to #24

Add: Eminent Domain Legislation – ¾ vote of all members elected to Council. Add note in “Miscellaneous” column – “Reference Ordinance 81-05.”

Motion was made to accept the amendments, affirmative voice vote was unanimous.

APPROVAL OF MINUTES: There being no additions or corrections, the minutes for the meeting on January 26, 2006 were approved as written.

ADMINISTRATIVE REPORT: Mayor Kruse referred to the list of streets to be paved in 2006 which was distributed at the meeting. Will put the project out for bid soon.Mayor Kruse reported on the issues regarding the wastewater treatment plant and interceptor trunk sewer to facilitate the operation of that. He noted difficulty in the attempts to find a suitable route to suit everyone. The City started with nine options, which have been narrowed down to four, then finalized the issue to the current proposal. The route down Adelsberger Rd. is the chosen route. City asked Millcreek Township to pass a resolution giving the City permission to work in the road right of way. The township had a meeting on Monday night and permission was not granted. Mayor Kruse noted there are four houses on Adelsberger Road. The City has come to terms with three of those residents. Of the 40-50 people at the meeting, only one of those was a resident of Adelsberger Road. The City has no more compromises left or no options left to be negotiated. City has the option of going to court and litigate their right to do this. City does not want to do that because they want to do this in a friendly fashion, and also, the time involved does not meet the timeframe agreed to with EPA. Another option is for the City to start an annexation petition to bring that area into the City, then the City can do whatever is appropriate. City has hired outside counsel to look at these options.

Mayor Kruse noted the wastewater treatment plant has the ability to handle 4 million gallons of wastewater a day. We’re presently processing 4.1 million gallons per day, or 100,000 gallons per day over what the City’s permit with EPA allows. EPA has been willing to work with the City and not restrict us because of the plan the City has put together to build a new wastewater treatment plant and to build the appropriate interceptor sewer and to do it in a very aggressive fashion.

Because of the events happening at this point, the City is one month behind on their schedule to build the plant and interceptor trunk sewer. Mayor Kruse does not feel he can let this situation continue without having an idea when there will be a resolution to this problem as far as capacity in the plant.

In an effort to protect the health, welfare and safety of the people in Marysville and Union County and to preserve the City’s relationship with the Ohio EPA, effective immediately the City will institute temporary restrictions on any further issuance of further sewer tap permits for Marysville’s sanitary sewer system. This includes taps within the City and in areas outside the city, county and townships currently served. These restrictions will continue until the City has an understanding that they have the ability to remediate the problems that exist in an appropriate timeframe. Until the City is able to schedule engineering and construction of that sewer line, there will be no further sewer taps within or outside the City of Marysville into our sewer system.

Mayor Kruse regrets having to do this and the hardship it involves. He noted he is a very pro development Mayor. Economic development is a very important part of the plan for the City.

If the City doesn’t do this, OEPA will do it for us.

Mayor Kruse feels Millcreek Township is taking a very unwise approach to their opposition to the City of Marysville.

The Mayor asked City Council to support him on this issue.

Mayor Kruse added that the City is currently paying interest on the $55M borrowed for this project. Another $55M will be borrowed at some point.

Mr. Gore proposed City Council support Administration’s position on this temporary restriction by taking a voice vote. He feels this is something that needs to be done as a City. He expressed concern for the direction we’re headed with this. Mr. Marshall made the motion to support Administration’s position on this temporary restriction; affirmative voice vote was unanimous. City Council does support the Mayor’s position.

Mr. Reams stated he resents this issue being portrayed as a rural Union County versus the City, having grown up in the country and having worked on a farm. He is not anti-agricultural or anti-farm. This is not what this is about. He noted consequences of this delay. A gravity flow system was engineered for improved reliability and reduced operating costs into the future. City is now looking at other routes that eliminate this option. A larger pump will be required and will have to be located in a site that is not staffed, which will reduce response time. Will have annual maintenance costs on that pump. That alone will increase the cost every year to everyone who uses this system in the future, whether they live in the city or the county. Additional costs consist of running additional sewer line; re-engineering the route, plus additional costs on top of that. He noted another problem with the water line that was going to be installed and reimbursed through future development. It may not be a big deal that the water line is not installed right now, but what it means to the people who own property along that corridor, at some point, is we’ll be digging up their yards and their property, because a water line will have to be installed at a higher cost because we cannot run it at the same time. Whether the City is paying for it or future development is paying for it doesn’t matter at this point; it will be an inconvenience for our neighbors, and that is a consequence of what we’re having to look at. This delay is costing everyone because of the interest being paid on the $55M that’s been borrowed. He does not feel the City should be bullied into making a decision that’s not the best for the people of Union County.

Mr. Gore seconded Mr. Ream’s comments. He’s tired of reading quotes that Marysville doesn’t care. That is not the case. “I think some of these folks need to look in the mirror and determine who doesn’t care.”

Mr. Fogt stated he sees both sides if the issue. Feels we need to respect the property owners’ rights, “especially when the property has been in their family for 150 years.”

Mr. Gore feels the City has made a number of attempts to deal with the property owner and when we weren’t successful, the City chose another route after reviewing about six or eight different routes. The decision has already been made to go around that property.

Mayor Kruse stated he has nothing but contempt in his evaluation of the Union County Farm Bureau at this point. They are not a stakeholder in this issue any way shape or form. They are creating a disturbance at the meetings, which he finds objectionable. The route is going down a road and has nothing to do with a farmer’s land or ground and yet the Farm Bureau objects and creates obstacles, it’s irresponsible. They have done nothing to try and help resolve this issue.

Mr. Reams noted although other options have been discussed, there is still the original option on the table until a decision is made.

REPORT OF CLERK OF COUNCIL: No report.

REPORT OF LAW DIRECTOR: Mr. Aslaner reported that two jury trials had been held since the last meeting; one for OVI and one for telephone harassment.

REPORT OF ECONOMIC DEVELOPMENT DIRECTOR: Mr. Phillips was excused from the meeting due to another commitment.

HEARING OF CITIZENS: Mr. Dennis Schulze addressed Council. He represents a lot of developers in the area. They believe this plant needs to be built for the good of the County. He reflected back on the Mayor’s State of the City address. “We have had some issues as far as the route to be taken by the interceptor sewer but those issues are very close to being resolved at this point and will be resolved without causing any inconvenience or disruption of anyone’s way of life. It has been our goal all along to be sure that we are in a position where we work as cooperatively as possible with those even remotely affected by installation of this sewer plant and sewer line.

As I am sure everyone is aware from reading the media recently, we have a great deal of interest in projects proposed in the commercial and industrial sector of our economy. We are very optimistic and very encouraged with this coming together because, as I have stated for a number of years, a very important part of the City’s financial viability is economic development.

I also want to thank the City Council, the County Commissioners, the various Township Trustees, the business community, the Chamber of Commerce and the many groups and individuals that have worked with us over the past year and helped us to reach the point that we are at tonight. I hope to continue the relationships that we have developed over the past couple of years and together I think we are going to be able to work together as a team for the benefit of the people of Marysville and Union County.”

Mr. Schulze also read a Letter to the Editor to the Marysville Journal Tribune, that he wrote:

“Dear Editor:

Recent articles in this paper have praised the efforts of county and city officials in forging joint agreements with respect to sewer and water service and most recently the 911 system. These agreements will increase the efficiency in providing these services and will save taxpayers significant money. It is not easy to change past practices. It means being willing to honestly look at how you are doing things and being willing to compromise when it makes sense. This does not mean that we should change for the sake of change.

In the past couple of years there has been a dramatic increase in cooperative effort in Union County. The Union County Chamber of Commerce through its economic development section has brokered a partnership of governmental bodies, industries and school systems to examine factors affecting the local economy. This group transcends geographic and political boundaries.

For the first time in my memory, when addressing a problem, Union County leaders are not just doing what is best for them in the short term. They are asking what makes sense for all Union County citizens in the long term. As the leaders of county agencies; school districts; industry; civic organizations and other groups of citizens gain a sense of trust in each other they can accomplish far greater good than by engaging in provincial thinking.

This does not mean that we will not have honest disagreements. Interests can and do differ. Leaders are chosen to protect and advance the interests of their particular entity. However, leaders are also expected to make difficult decisions, which are based on open dialog and critical assessment of all facts regarding that decision. We should appreciate the efforts of forward thinking leaders and should encourage all persons in positions of responsibility to be open to “looking at the big picture” and then making the right decisions based on the best interests of all of us. Maybe then we can be an example to the entire state of Ohio and we can truly be proud to be called Union County.”

RESOLUTIONS

The resolution “TO AUTHORIZE THE MAYOR TO ENTER INTO A REAL ESTATE PURCHASE CONTRACT TO SELL LAND ON NORTH WALNUT STREET” was presented for second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous.

ORDINANCES

The ordinance “TO AMEND CHAPTER 1145, PLANNED UNIT DEVELOPMENT, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing. Ms. Sellers stated the amendments being proposed tonight represent cooperative effort between Planning Commission and City Council. These amendments represent a greater interest in City Council in having oversight of new development, particularly in Planned Unit Development. Ms. Sellers thanked Planning Commission members, Mr. Aslaner and Ms. Patterson for their input and assistance with these amendments. Ms. Sellers proposed the following amendments:

CROSS REFERENCES: Add: Ohio Constitution. Art. XVIII. Sec. 3

1145.01 OBJECTIVES FOR A PLANNED UNIT DEVELOPMENT (PUD)

(b)

ADD:

(9) To develop land in an orderly, coordinated and comprehensive manner that is consistent with accepted land planning, landscape architecture practices and engineer principles.

(10) To pursue the housing and economic development goals of the city.

1145.14 CRITERIA FOR RECOMMENDATIONS BY PLANNING COMMISSION

(a)

ADD: “and affected”

(3) The streets and thoroughfares proposed AND AFFECTED are suitable …….

“ADD:

(11) The proposed development meets the objectives set forth in Section 1145.01

1145.15 ACTION BY COUNCIL

DELETE: If disapproved the reasons for disapproval shall be stated by City Council for the record.

1145.18 VARIATION FROM THE APPROVED PRELIMINARY DEVELOPMENT

DELETE: (a) Non-substantial variations from the approved preliminary development plan shall require approval of the Planning Commission

REPLACE WITH: (a) Planning Commission will report all variations from the approved Preliminary Development Plan to the City Council Clerk prior to the next regularly scheduled City Council meeting, but not to exceed 10 working days, following the Planning Commission meeting in which any changes were requested by the applicant. The Council Clerk will report these variations to Council at the aforementioned next regularly scheduled meeting. Council may, by ordinance, disapprove the variations and require the applicant to submit a revised preliminary development plan consistent with the provisions of this Chapter. If no legislation to review the reported variations is placed on the agenda for the next regularly scheduled City Council meeting following the meeting in which the Clerk reported the variations, then the variations previously approved by Planning Commission are deemed approved by City Council.

ADD: (b) “that relate to any of the criteria set forth in Section 1145.14”

(b) All variations from the approved Preliminary Development Plan that relate to any of the criteria set forth in Section 1145.14, and including…….

1145.19 FINAL DEVELOPMENT PLAN/FINAL PLAT

ADD: (b) “identical to” and “and City Council”

DELETE: “in conformance with

(b) The final development plan and the final plat shall be identical to in conformance with the preliminary plat with any changes as approved by Planning Commission and City Council under Section 1145.18. The ……

1145.21 CRITERIA FOR APPROVAL BY PLANNING COMMISSION

(a)

(3) ADD: “and affected”

(3) The streets and thoroughfares proposed and affected are suitable…..

ADD:

(11) The proposed development meets the objectives set forth in Section 1145.01.

Mr. Cunningham confirmed that the Planning Commission had reviewed the amendments and fully supports the changes as proposed.

Motion was made to accept the amendments and the question put, stood:

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

Motion passed.

Mr. Gore felt the joint meeting with Planning Commission was one of the better work sessions in the six years he’s been on City Council. It was an education for both Council members and Planning Commission members.

Mr. Marshall noted there was 100% attendance by both City Council and Planning Commission. It was a very productive meeting with a lot of cooperative effort.

The ordinance “TO AMEND CHAPTER 1137, DISTRICT REGULATIONS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing. Motion was made to pass the legislation and the question put, stood:

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

Ordinance 2-06 passed.

The ordinance “TO AMEND SECTION 1105.02, COORDINATION OF PLANNED UNIT DEVELOPMENT APPLICATION WITH SUBDIVISION APPROVAL, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing. Motion was made to pass the legislation and the question put, stood:

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

Ordinance 3-06 passed.

“AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE 2005 REPLACEMENT PAGES TO THE CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER AND DECLARING AN EMERGENCY” was presented for third reading, title only. Motion was made to pass the legislation and the question put, stood:

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

Ordinance 4-06 passed.

The ordinance “TO AMEND ORDINANCE 22-04, AMENDING FEES FOR VARIOUS SERVICES PROVIDED BY THE CITY OF MARYSVILLE” was presented for second reading, public hearing. Motion was made to waive the reading in full; affirmative voice vote was unanimous.

Mr. Tim Hites addressed Council. Mr. Hites coaches Little League baseball, Jr. Football and is a parent of a soccer player. He stated current services provided to the ball fields are mowing the grass, fertilizing the grass and raking and dragging the fields. All other field preparation is done by volunteers and coaches, i.e. field lining and painting, repairing fences, etc. Last year Marysville Mitts and Jr. Baseball donated $5,000 in material and donated all the labor to build four dugouts at Eljer field. He does not think it’s right to have to pay to use the field.

He noted the impact these fees would have on the sports organizations. They are 100% volunteer. Kids pay to play and they do fundraising. Goal is to finish in the black every year. To have to pay additional fees will be a huge burden on each of these organizations. The Jr. Baseball organization will play approximately 500 games on the city field. At $5.00 each, that’s about $2500 that is not currently budgeted for. For the soccer teams that use the fields, there are 19 teams that use the fields. They play about 100 games per year at $20 per game; it’s another $2000 a year they have to come up with. Also, spring soccer has already begun. They have already budgeted and paid, so if these fees are passed, they will have to go back to those parents and ask them to donate more money. Regarding football, an estimated 10 games a weekend, which includes flag football. They play about 10 weeks at $20 per game, which is $2000 that the organization will have to come up with. If these fees are passed, the organizations will have to charge more and will have to do additional fundraising. It’s a big impact on these organizations.

He feels like these organizations are an easy target. Where else are they going to go? They are citizens of this community; they volunteer their time for their kids.

He asked Council’s consideration when voting on this legislation to consider the impact on the kids.

Mr. Marshall noted that he had received a call from Jim Combs who is a member of the Jr. Baseball Association. He is concerned about the increase in fees and similar budgetary issues previously mentioned.

Mr. Marshall is the Council representative on the Parks & Recreation Commission. He pointed out some comments that were made at prior meetings regarding this issue. He recalled Mr. Conley had talked to some of the organizations about the possibility of implementing user fees. He was uncertain what organizations had been contacted. When the Commission was discussing the fee issue, a concern was brought up that where there is a concession stand, Mr. Conley would staff it when games are scheduled. The employee would call to say no one showed to play. The City still has to pay that individual. Also, more importantly, if there is a no show, there is someone else who could have been using the field that had to be turned away.

Proposed fees are aligned with those at the Union County Joint Recreation District so that the City is not competing with Joint Recreation District.

Mr. Gore suggested a way of handling “no shows” would be to not let them reserve the field anymore. He did point out that the City is run on citizens’ taxes; however, he feels some responsibility to our City residents. He was unaware of how many kids participate who live outside the City limits.

Mr. Burke suggested a refundable deposit. It was noted that there would be issues with administrative costs and administrative upkeep with this procedure.

Mr. Hites pointed out that the concession stand was never open once when they were playing their games at Eljer Park. Also, they were never a “no-show.”

Mark Hursh, Director of the Elite FC Soccer Club in Marysville addressed Council. His organization has about 80% Marysville kids. The downfall of the 80% is a high school rule that they are only allowed 5 Marysville kids on a high school age team. As a travel club, they have 100 games in the spring, approximately 200 games every year. 100 games, bringing in 15 kids from other teams, 3000 kids are coming in along with parents, so economic issues come with that. Mr. Hursh said he did not have knowledge of this until last week. His organization does a lot of maintenance to the fields, seeding, painting and a lot of the goals were donated by the club. He stated, “The Parks & Rec., and I’m not putting anyone down, they just feel like the fields just have to be so perfect and I don’t know if that has something to do with them wanting to charge more. The kids just want to play.” Regarding the concession stand, part of the time it’s open, sometimes it’s not. His organization is real good about getting with Mr. Conley and letting him know when a game is cancelled. In conclusion, the fees are already out, some have already paid. Throwing this on us now will cause a real issue for their club.

Mayor Kruse feels the City has the responsibility to provide the facilities and the organizations should provide the programming.

Mr. Marshall requested Mr. Conley attend the next Council meeting in order to be able to discuss this issue.

Mr. Reams stated fees were discussed a few years back. It was proposed that Joint Rec and the City both charge a fee for field use. Fees are a primary source of how the Joint Rec operates that facility. Joint Rec is being hurt because teams are coming to use Marysville City fields because they don’t have to pay anything.

Mr. Marshall commented that public meetings have been held and no one has shown up. Mr. Marshall requested that Usage Fees be added to the Parks & Recreation Commission February meeting agenda. He asked the Clerk to personally invite all sports organization to this meeting for open discussion.

The ordinance “AUTHORIZATION FOR THE CITY OF MARYSVILLE TO PICK UP THE STATUTORILY REQUIRED CONTRIBUTION TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM OF OHIO FOR THE EMPLOYEES OF THE CITY PURSUANT TO I.R.C. SECTION 414(H)(2) was presented for second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous.

The ordinance “AUTHORIZING THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $1,000,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING COSTS ASSOCIATED WITH CONSTRUCTING, RESURFACING AND IMPROVING CITY STREETS, WITH RELATED EQUIPMENT AND ALL NECESSARY APPURTENANCES, AND APPROVING THE FORM OF OFFICIAL STATEMENT RELATING TO THE NOTES, IF NECESSARY” was presented for second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous.

The ordinance “TO APPROPRIATE $2,700.51 FROM UNAPPROPRIATED GENERAL FUNDS FOR A REFUND EXPENSE ASSOCIATED WITH THE MUNICIPAL COURT PROBATION GRANT AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THIS GRANT EXPENSE” was presented for second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. Motion was made to waive third reading, title only and the question put, stood:

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

Motion passed.

Motion was made to pass the legislation and the question put, stood:

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

Ordinance 5-06 passed.

The ordinance “TO APPROPRIATE $1,500 FROM UNAPPROPRIATED GENERAL FUNDS FOR MEMBERSHIP FEE FOR THE U.S. 33 CORRIDOR EXECUTIVE COMMITTEE AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THIS EXPENDITURE” was presented for first reading, title only. Mr. Reams explained this fee is for membership in the Rt. 33 Corridor Group. Last year Council paid a pro-rated fee of $750.00 for 6 months. This fee was overlooked when putting the budget together.

The ordinance “TO APPROPRIATE $4,000 FROM UNAPPROPRIATED GENERAL FUNDS FOR MAINTENANCE AND FUEL FOR THE MUNICIPAL COURT VEHICLE, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THESE EXPENDITURES” was presented for first reading, title only. Mayor Kruse explained the court has an obligation and needs to monitor through home visits, people with ankle bracelets. The Union County Sheriff’s Department donated a vehicle to Municipal Court for this purpose. This money will allow them to make these visits.

COMMENTS OF COUNCIL PERSONS AND GENERAL DISCUSSION

1. Parks & Recreation Representative. -- Mr. Marshall reiterated there will be a Parks & Recreation Commission meeting on February 21, 2006 at 7:00 p.m. to discuss user fees.

Mr. Gore commented that he is disappointed with some of the community reaction to the City’s attempt to not only upgrade the City of Marysville, but also upgrade Union County. We need to go forward with this. It’s just not the future of Marysville, but Union County.

Ms. Sellers moved to go into Executive Session to discuss acquisition of property for public purposes at 8:10 p.m., seconded by Mr. Reams and the question put, stood;

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

Motion passed.

Executive Session adjourned at 8:40 p.m.

Regular session reconvened at 8:40 p.m.

ADJOURNMENT: There being no further business to come before Council, the meeting adjourned at 8:40 p.m.