CITY COUNCIL MINUTES

APRIL 13, 2006

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

MEMBERS PRESENT: Ms. Sellers, Mr. Gore, Mr. Burke, Mr. Reams, Mr. Pleasant, Mr. Fogt (arrived 7:25 p.m.) Excused: Mr. Marshall

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

REPORTERS PRESENT: Ryan Horns – Journal Tribune

CITIZENS PRESENT: Bill Kelly, Eric Phillips, Jason Coffee, Ken Kraus, Barb Miller, Crista Miller, Harold Green, J. Wallace, Alan Seymour, Patricia Severn, Faye Cox, Scott Martin, Meg Michel, Liz and Bob Meeder

APPROVAL OF MINUTES: There being no additions or corrections, the minutes for the meeting of March 23, 2006 were approved as written.

ADMINISTRATIVE REPORT: Mayor Kruse reported that the paving contract had been awarded to Chemcote. No start date has been set.

Mayor Kruse explained his position on closing the railroad crossing on 5^th Street. While the ultimate control of streets is under the jurisdiction of Council, Mayor has the emergency powers to protect the health, welfare and safety of the people in Marysville. He went through an exhaustive thought process before making the decision to close the crossing. He noted poor visibility coming from the North. City made an attempt to clear the brush from the railroad some time ago, but was chastised by CSX who said the City had no authority to be doing any work within railroad right-of-way. City was also chastised for putting up signs saying it was a dangerous crossing. Were told City has no authority to put up signs.

The situation with this crossing was not a major concern until the Coleman’s Crossing Development came into play. Rather than a dead-end road with two houses and two specific businesses on it, there was a situation where there would be a lot of thru traffic. Traffic in both directions has increased dramatically. The road is not capable of handling two-way traffic without bringing into consideration the railroad crossing. The Mayor sat out there and monitored MRDD busses plus a considerable amount of cars going across the railroad crossing, some of them not even stopping at all.

The crossing has deteriorated considerably. The ties are popping up when cars drive over them. He offered photos. He fears a car could possibly get hung up on one of those loose ties. There is in excess of one train an hour going through the crossing over a 24 hour period.

The Mayor received a letter from the Ohio Rail Development Commission dated April 26, 2005, indicating they have 6100 rail crossings in Ohio that need attention. This crossing is 5,075 on the priority list. The cost of putting gates and signals at that crossing at that time was about $160,000, which is $160,000 the City does not have. In order to be able to pay for this, the City would have to divert money from some other functions of the City, possibly 3 police officers or firemen or snowplow people or trucks to plow the snow.

CSX is not going to do anything. He noted the Scottslawn crossing was done because the City committed some money along with Scotts and CSX.

He noted other repairs around the city were not made until a carload of teenagers were struck by a train at Cherry Street. He feels this is the criteria used to get up on the priority list.

Mayor Kruse has worked with this issue, has looked at solutions to it and feels he’d be remiss if he lets this crossing stay open at this point in time and allows for the possibility of some Marysville citizen to be killed because he didn’t pay the attention that should have been paid to that crossing.

The Mayor gave notice that this crossing would be closed. He stated the City would continue to look at the long-term issue of traffic on the east side of town. He did not think 5^th Street would be part of the long-term solution, which is another good reason not to put $180,000 into a crossing temporarily.

Mayor Kruse finds it difficult to take the chance with some citizen’s life in order that another citizen can get from point A to point B a little more quickly. He will not do that. His job is to protect the people in the City of Marysville.

Mr. Gore asked if there were any citizens at the meeting tonight to discuss this issue.

Ms. Barbara Miller, owner of Natural Accents, addressed Council. Her business is located on a private drive between Delaware Avenue and 5^th Street. She has many elderly customers who come in to their off-street parking lot, visit their store then walk across the parking lot to Kentucky Fried Chicken. She noted this afternoon people proceeded on up 5^th Street, not believing the posted signage, got down to her little street and found they couldn’t go any further, so they turned onto her street and didn’t slow down. These people are angry because they had to change their direction. She expressed concern that someone walking across her parking lot is going to get hit. She asked if signage could be posted to tell people to slow down. She also noted this is a private drive.

Mr. Harold Green addressed Council. He owns a piece of property past the railroad track. He asked if this closure was permanent or temporary. He opposes the closing. He doesn’t want to see anyone get hurt. He pointed out there is a stop sign at the crossing. He also noted that if people chose not to stop and pull out in front of a train, they can do that on Rt. 36 or on Main Street. There isn’t much we can do to stop them.

Mayor Kruse gave a worst-case scenario. A lot of young parents are crossing the 5^th Street tracks after picking up kids from the two daycare centers in the area. Parents are thinking about what they’re having for dinner; thinking about taking another child to soccer practice; the kids are acting up in the car and parents are possibly on the cell phone. They have so much on their mind that they are not paying attention when crossing the tracks. This could cause a major disaster.

Another issue is that nearby facilities are or will be serving alcohol. This street would give a less patrolled way of getting back to town and crossing these tracks without due diligence.

Mr. Scott Martin, owner of Blue Jacket Taxi Service, addressed Council. He travels a lot of miles within the City. He suggested rebuilding E. 5^th and building a bridge over the railroad tracks. He had no idea of the cost for this project. A bridge over E. 5^th Street would alleviate a lot of the traffic on Delaware Avenue. He noted seven roads are blocked every time a train comes through town. He expressed concern for emergency equipment trying to get around town if something would happen to stop the train.

Mayor Kruse stated the City is trying to address that by strategically relocating the Fire Service. $180,000 would go along way to help do this. Mr. Martin noted Delaware Avenue crossing could use some work. Mayor Kruse stated work would be done to that crossing this year, as well as Cherry Street and possibly Main Street.

Mr. Bob Meeder addressed Council. He has driven across these railroad tracks several times. He noted some individuals in the Social Security age group have a difficult time being able to see both sides of the railroad track. The reason for this is the angle of the railroad track to the road is much sharper on one side than it is on Delaware. From his own experience, he does not have the flexibility and mobility in his neck. The biggest potential problem is for the older people who cannot turn all the way around while driving to look down there, not here, to see if a train is coming.

Mr. Gore stated it requires legislative action to close the crossing permanently. The Mayor has the authority to exercise his right for the health and safety of the community. No one is arguing that. Mr. Gore referred this issue to Public Services Committee because they deal with street issues. He asked that the community support this closing for the period of time it takes the Public Services Committee to address the concerns, look at it, and if it is determined and recommended by the Committee to become a permanent closure, legislation will be introduced. If it’s determined that progress can be made to put a plan together with appropriate partners, we will proceed accordingly. He asked that the Committee come back within 30 days with a recommendation and an actual plan that explains exactly why we cannot proceed with upgrading the crossing or how we are going to proceed with upgrading the crossing.

REPORT OF CLERK OF COUNCIL: No report.

REPORT OF ECONOMIC DEVELOPMENT DIRECTOR: Mr. Eric Phillips reported that the Community Reinvestment Area Housing Council met. They recommended the continuation of three abatements in the historic area. It has gone on to the State of Ohio.

On April 20^th, Honda Lock of America (HLA) will have an open house. They are located behind the Holiday Inn Express. They currently have 11 jobs, but anticipate 19 jobs in a couple of years. All are research and development jobs.

On April 26, 2006, at 11:00 a.m., there will be an unveiling of an O. M. Scotts plaque on the original hardware building in Uptown Marysville on Main Street. The public is welcome.

Incentives are currently being reviewed. He reported that Goodyear is now up to 357 employees. A year and half ago, they were at 233. They are very successful.

HEARING OF CITIZENS: Patricia Severn addressed Council. She is a resident of Marysville and a member of the Leadership Program sponsored by the Chamber. Her group is putting together a research project which will consist of designing a walking path through the heart of Marysville. It will start in the City parking lot, make its way up to the center of Marysville, go west on 5^th, then come back east on 6^th. It will be a two-mile walk. There will also be a one-mile version. The purpose of this is for aerobic and fitness and to promote the downtown area. Brochures will be distributed to downtown businesses. They are partnering with the Health Department, County Engineer’s office, the Uptown Renewal Team, and the Hospital, to name a few. They will partner with the historic walk on May 20^th, at 9:30 a.m. She invited everyone in the community to join in on the walk.

Mr. Fogt requested an item for the consent calendar as follows: “TO GRANT A RIGHT-OF-WAY TO DAYTON POWER AND LIGHT COMPANY IN MILL VALLEY PARK SOUTH AND DECLARING AN EMERGENCY”. Mr. Bill Kelly of Dayton Power and Light addressed Council. A map showing proposed line and existing line was attached to the legislation. He explained there are two primary circuits for electric power in Marysville. Through an analysis, a third circuit and upgrade is needed in order to prevent brownouts, especially in the Mill Valley area. The project was started only to find out that Dayton Power and Light does not have the right-of-way in place for installing this underground line. He contacted City Administration and was able to get a surveyor, who worked with Mr. Roush on the details. The intention is to run the underground line right up close to the fence, so they are asking for a 5’ easement. With this third circuit, it will allow quite a bit of balancing of loads to be done, but will also increase capacity. He pointed out the green portion of the drawing is existing facilities that are there. There is a box where he’s requesting a 10’ easement. The junction box, called a PMH, already exists. From that box, there is an underground line that goes up to the residences. Although that’s been in place for over eight years, DPL cannot find a right-of-way for that. Therefore, he is requesting this easement along with the 5’ easement. The reason he is requesting this legislation to be on an emergency basis and also requesting Council to consider waiving third reading is to get ahead of the season. This time of year storms hit and repair crews are busy with repairs, plus construction takes off this time of year.

Mr. Fogt moved to put this legislation on the consent calendar and the question put, stood:

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

Motion passed.

RESOLUTIONS

The resolution “TO GRANT A RIGHT-OF-WAY TO DAYTON POWER AND LIGHT COMPANY IN MILL VALLEY PARK SOUTH AND DECLARING AN EMERGENCY” was presented for first reading, title only. Mr. Reams stated there are some areas where the existing trail appears to be within 5’ of that fence. He asked how that would be handled. Mr. Kelly stated DPL will go as close to the fence as possible. In the event there should ever be any need to do any repair work there, 5’ either side of that, DPL would repair any damage they cause. Mr. Reams stated there may be a drainage issue in that area and asked how deep the lines would be buried. Response was at least 4’. Mr. Burke moved to pass the emergency and the question put, stood:

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

Emergency passed.

“RESOLUTION SUPPORTING D.A.R.E PROGRAM FOR THE 2006/2007 SCHOOL YEAR” was presented for third reading, title only. Mr. Fogt moved to pass the legislation and the question put, stood:

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

Resolution 6-06 passed.

The resolution “AUTHORIZING THE MAYOR TO ENTER INTO CONTRACTS WITH THE DIRECTOR OF TRANSPORTATION NECESSARY FOR 2006 URBAN PAVING PROJECT AND DECLARING AN EMERGENCY” was presented for first reading, title only. Mayor Kruse stated this is a requirement that the Ohio Department of Transportation has if the City is to participate in the Urban Paving Project this year. As for the cost of the project, that’s an 80/20 split, they pay 80 and City pays 20. Mr. Fogt moved to pass the emergency and the question put, stood:

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

Emergency passed.

The resolution “TO AUTHORIZE THE DIRECTOR OF FINANCE TO EXECUTE A FISCAL OFFICER’S CERTIFICATE FOR THE OHIO DEPARTMENT OF TRANSPORTATION 2006 PAVING PROJECT AND DECLARING AN EMERGENCY” was presented for first reading, title only. This certificate needs to be signed by the Finance Director to pay the 20%. Mr. Fogt moved to pass the emergency and the question put, stood:

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

Emergency passed.

The resolution “TO AUTHORIZE THE MAYOR TO ENTER INTO AN ESCROW AGREEMENT FOR HIGHWAY IMPROVEMENT FOR FUNDING THE OHIO DEPARTMENT OF TRANSPORTATION PAVING PROJECT AND DECLARING AN EMERGENCY” was presented for first reading, title only. Once dollars have been appropriated, State indicates the dollars have to be put in an escrow account. Mr. Fogt moved to pass the emergency and the question put, stood:

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

Emergency passed.

“RESOLUTION OF INTENT TO APPROPRIATE EASEMENTS” was presented for first reading, title only. Mr. Aslaner stated the City needs to acquire easements to construct sewer lines for the new wastewater treatment plant. City has been able to obtain some easements, some they have not. Contracted with a company to have appraisals done. Have negotiated with property owners and offers have been made to them. Based on the independent appraisals to buy the easements and have not yet been able to settle with various property owners, this legislation will allow the City to file appropriation actions to obtain these easements. Negotiations are ongoing and hopefully will be able to settle before filing formal actions. The Statute requires that Council passes a resolution of intent to solve these appropriation matters. Some of the permanent easements required also have temporary construction easements.

Mayor Kruse stated the other aspect of this as far as the bidding of the contract for that sewer line, City has to have the easements in hand or we have to have the appropriation actions filed before we’re authorized to go to bid on the project.

ORDINANCES

The ordinance “TO APPROPRIATE $9,000 FROM UNAPPROPRIATED GENERAL FUNDS FOR THE PAYMENT OF A STRATEGIC PLANNING EVENT, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THIS EXPENDITURE” was presented for second reading, public hearing. Mr. Burke moved to waive reading in full; affirmative voice vote was unanimous.

The ordinance “TO AMEND SECTION 931.06, SYSTEM CAPACITY CHARGES, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for second reading, public hearing. Mr. Burke moved to waive reading in full; affirmative voice vote was unanimous.

The ordinance “TO APPROPRIATE $500 FROM UNAPPROPRIATED STREET FUNDS FOR EXPENSES ASSOCIATED WITH A DONATION FROM MAINSTREET MARYSVILLE, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THE DONATION EXPENSES” was presented for first reading, title only. Mr. Morehart stated this recognizes a donation from Mainstreet Marysville and authorizes the Finance Director to spend these dollars. Mr. Reams moved to waive second reading, public hearing, and the question put, stood:

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

Motion passed.

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

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

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

Motion passed.

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

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

Ordinance 11-06 passed.

The ordinance “TO APPROPRIATE $43,354 FROM UNAPPROPRIATED STREET MAINTENANCE FUNDS FOR THE 2006 OHIO DEPARTMENT OF TRANSPORTATION PAVING PROJECT, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THESE EXPENDITURES” was presented for first reading, title only. Mr. Morehart explained this is an additional appropriation to fund the City’s share of the Urban Paving Project this year. $120,000 was budgeted this year, but final number for ODOT was $163,000. Mayor Kruse stated that $160,000 is 20% of the project, which is a deal.

The ordinance “TO AMEND CHAPTER 1129, ADMINISTRATION, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading, title only. Mr. Gore stated these changes to the code were necessary due to recent Charter changes. Mr. John Cunningham, Planning Commission Chairman, stated the Commission worked with the Board of Zoning Appeals in their proposal to change their rules in order to function with seven members as opposed to the previous five. These changes will accommodate that. A public hearing required by Section 1131.08 of the Planning and Zoning Code was scheduled for May 25, 2006 at 7:00 p.m.

The ordinance “TO AMEND CHAPTER 1136, ARCHITECTURAL REVIEW DISTRICT, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading, title only. Mr. Eric Phillips addressed Council. Planning Commission looked at streamlining the development review process with two goals: 1) To improve the development review process by streamlining multiple processes and updating standards in order to promote quality development in the City of Marysville and 2) To promote business-friendly practices while maintaining effective design guidelines for quality development.

Partners in the Process

q Marysville Uptown Renewal Team

q Marysville Planning Commission

q City of Marysville Administration

q Marysville City Council

q Union County-Marysville Economic Development Partnership

q Union County Chamber of Commerce

Highlights of Code Revision

q Rename ARD to Historic Uptown Marysville Design Review District.

q Expand district to include other significant structures.

q Realign duties making City’s Design Review Board as the body to review all commercial, manufacturing and multi-family developments. This removes the need for an Architectural Review Board.

q Create basic design guidelines that are currently not specified in the code.

q Require new design and color guidelines that will be used in evaluation applications.

q Allow fast track approvals for certain projects.

q Place higher standard before a building can be demolished.

q Add Secretary of Interior’s guidelines for Rehabilitation.

q Include specific submittal requirements for applications.

A public hearing required by Section 1131.08 of the Planning and Zoning Code was scheduled for May 25, 2006 at 7:00 p.m.

The ordinance “TO AMEND CHAPTER 1140, LANDSCAPE REQUIREMENTS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading, title only. Mr. Phillips explained this legislation.

q Realign duties making Design Review Board as the body to review all landscape plans. This will eliminate the Shade Tree Commission.

q Define new structure versus substantial expansion.

q Reduce repetitive language.

q Allow negotiation if topographic or special circumstances do not permit certain landscape installations.

q Require landscaping prior to occupancy.

q If applicant fails to meet guidelines, allow City to deny future applications.

A public hearing required by Section 1131.08 of the Planning and Zoning Code was scheduled for May 25, 2006 at 7:00 p.m.

The ordinance “TO AMEND CHAPTER 1144, DESIGN REVIEW, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading, title only. Mr. Phillips explained this legislation, which sets up the Design Review Board.

q Encourage commercial business people and professionals to be on Design Review Board.

q Update certain sections for clarity.

q Refer developers back to Chapters 1136 and 1140 for standards.

q Allow for requirements to be applicable to any created zoning districts.

A public hearing required by Section 1131.08 of the Planning and Zoning Code was scheduled for May 25, 2006 at 7:00 p.m.

The ordinance “TO AMEND CHAPTER 1100, SUBDIVISION AND ZONING FEES, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading, title only. Mr. Phillips explained this legislation.

q Increased Exterior Plan review from $150 to $250 to cover expenses.

q Increased fees for Certificate of Appropriateness applications to cover expenses.

q Reduced fees for sign review for Certificate of Appropriateness.

A public hearing required by Section 1131.08 of the Planning and Zoning Code was scheduled for May 25, 2006 at 7:00 p.m.

The ordinance “TO AMEND CHAPTER 1105, SUBDIVISION APPROVAL PROCEDURE, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading, title only. Mr. Phillips explained that this legislation makes the Planning Commission as the body that still reviews street tree plans for subdivisions.

A public hearing required by Section 1131.08 of the Planning and Zoning Code was scheduled for May 25, 2006 at 7:00 p.m.

The ordinance repealing the Shade Tree Commission was inadvertently missed so will be introduced at the next meeting.

In summary, Mr. Phillips stated the Planning Commission has worked hard to make a number of the changes that were recommended at the joint Council/Planning Commission meeting. Those changes are as follows:

q Demolition of structures in Historic Uptown Marysville Design Review District

o Historical significance standard had to be met first then economic use and deterioration.

o Single family structures are included only in demolition reviews.

o Creates fee of $100 for single family demolitions.

q Creates a Design Review Board separate from the Planning Commission.

o Council has four appointments.

o Mayor has three appointments from the Planning Commission.

o Allows compensation for Board members approved by Council.

q Reduces fee from $250 to $150 for historic area reviews and from $75 to $25 for signage.

q Deletes Chapter 133 since Shade Tree Review will be part of the Design Review Board procedures.

q Expanded the map to include properties along East Fifth Street from Oak Street to Five Points.

Mr. Phillips commended the Planning Commission for their hard work on this project, as well as the Uptown Renewal Team. It was a partnership of everyone working together, including City Council.

The ordinance “TO APPROVE THE FINAL DEVELOPMENT PLAN FOR THE GALBURY MEADOWS PLANNED UNIT DEVELOPMENT” was presented for first reading, title only. Mr. Cunningham explained this is one of two PUD’s before Planning Commission moving forward to Council that are not covered under the new legislation recently passed by Council.

A public hearing required by Section 1131.08 of the Planning and Zoning Code was scheduled for May 25, 2006 at 7:00 p.m.

The ordinance “TO REZONE 49.3 ACRES, MORE OR LESS, LOCATED ON WEAVER ROAD, FROM A-R, AGRICULTURAL RESIDENTIAL ZONING, TO R-1, LOW DENSITY SINGLE FAMILY, AND R-2 MEDIUM DENSITY SINGLE FAMILY ZONING” was presented for first reading, title only. Mr. Cunningham explained this is the Weinlein track. Planning Commission reviewed and is recommending the changes in zoning to allow for some transition from the surrounding zoning in this area to allow for this development to occur.

Mr. Fogt asked if R-2 is required for a transitional area. Mr. Cunningham stated it’s touching on another R-2 area. Mr. Fogt stated he was disappointed to see R-2 being recommended.

Ms. Faye Cox addressed Council and requested to postpone the second reading, public hearing until May 11, 2006, due to the fact that no representatives from Attorney Schulze’s office would be able to attend the regularly scheduled public hearing on April 27^th. Mr. Reams moved to postpone to a date certain, May 11, 2006 and the question put, stood:

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

Motion passed.

A public hearing required by Section 1131.08 of the Planning and Zoning Code was scheduled for May 25, 2006 at 7:00 p.m.

The ordinance “TO APPROPRIATE $5,000 FROM UNAPPROPRIATED STREET FUNDS FOR EXPENSES ASSOCIATED WITH DONATIONS FROM SCOTTS MIRACLE-GRO COMPANY AND WAL-MART, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THE DONATION EXPENSES” was presented for first reading, title only. The City received $2,500 each from Scotts Miracle-Gro and Wal-mart and this legislation gives the Finance Director authorization to spend those dollars. The dollars will be used by the Uptown Renewal Team for beautification of downtown.

Mr. Fogt moved to waive second reading, public hearing and the question put, stood:

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

Motion passed.

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

Mr. Reams moved 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

Motion passed.

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

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

Ordinance 12-06 passed.

COMMENTS OF COUNCIL PERSONS AND GENERAL DISCUSSION

1. Parks & Recreation Representative – No report.

Ms. Sellers commented on the railroad crossing. Her classmates were involved in the Cherry Street accident back in the early 90’s so she’s very sensitive to the public safety concerns relating to the crossing. Feels we need to move on this very quickly in committee and was pleased to hear that a 30-day timeframe was set. We need to be respectful to the businesses and the people who are in this congested area. This causes her concern as well that additional congestion on other streets could cause accidents.

Mr. Fogt asked for the dates for City Cleanup. Cleanup is scheduled for the week of April 24^th and certain hours on Saturday.

Mr. Fogt reported that the Public Services Committee met to discuss impact fees. He requested help from Administration to get this going. It may require hiring an assistant engineer. He understands Administration has many projects going on, but “we’ve only got one chance to do this stuff right, and we want to do it right. If we need another staff person to do it right, then I’d appreciate that.”

Mr. Fogt commented that he was very pleased with the skateboard park for the first couple of weeks, but recently has received complaints. Some adults using the walking track have been harassed. They have witnessed obscene language, fights, trash, and graffiti. We need to keep a handle on this and keep it under control.

Mayor Kruse shared Mr. Fogt’s concern, but is in favor of the skate park. Feels it’s an important asset. He sent the Assistant Police Chief to the skate park to meet with the kids and explain to them that we’re all in favor of that park for them, but if we have difficulty with the language and the intimidation of other people, that we can take it away just as easily. If this does not work, he will go up and meet with them. If that doesn’t work, “it’s goodbye skate park.” He noted a problem there with the loud noise from boom boxes. The City is going to enforce the ordinance on using boom boxes in City parks rather strictly. Signs will be posted. He also shared a concern for what’s being smoked at the park. He is looking at making the park a no-smoking park.

Mr. Gore stated that one thing learned as being part of the work group for the skate park, is that if they don’t police themselves, you can’t police them. You actually have to have the skateboarders police themselves. You have to have respect for others as they have as much right in the park as the skateboarders. He agrees and supports Mayor Kruse’s actions for the park.

Mr. Fogt noted half of the problems have been from young people who are not even skateboarding.

Mr. David Burke reported that Finance Committee met and discussed ERU rates for multi-family dwellings. He thanked Mr. Morehart for his time and research in verifying the calculations. He clarified that the legislation currently on Council’s agenda will not raise water rates. This is for anyone who is going to build a new house, condo, etc. That’s the fee to hook into the system with the ultimate goal that it will actually decrease any rate increases that we will need as the plant expands. We will build our capital fund on this growth-paying-for-growth philosophy.

Mr. Reams commented on the skateboard park. Weekly reports from Lane Stillings, Supt. of Buildings and Grounds, indicate vandalism at Eljer Park. It was noted that it is a new problem at that park. We need to address that because that is one of the City’s nicest parks.

Mayor Kruse stated these young people need to be somewhere and he can at least see them up there.

Mr. Gore thanked the Planning Commission for all their hard work on not only the legislation before Council, but everything that comes before the Commission. He also thanked Council for working with Planning Commission. The joint meetings have been very productive. It has not only given Council a better understanding of what Planning Commission goes through, but also has given Planning Commission a better understanding of what Council faces when they come forward with issues when Council is not aware of what they have been discussing. This is not meant as a criticism, but a compliment. This will help us all to continue to work together and address the growth of this community and do it the right way.

Mr. Gore wished everyone a Happy Easter.

ADJOURNMENT: There being no further business to come before Council, the meeting adjourned at 8:25 p.m.