CITY COUNCIL MINUTES

APRIL 27, 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, Director of Administration House, Asst. Finance Director Green, Law Director Aslaner, Acting Clerk Moder

REPORTERS PRESENT: Ryan Horns – Journal Tribune

CITIZENS PRESENT: Alan Seymour, Dick Mickley, Rowland Seymour, Russ Jones, Barb Miller, Ron Miller, Ben Karn, Bill Kelly, Pete Griffin, Dennis Schulze

APPROVAL OF MINUTES: There being no additions or corrections, the minutes for the meeting on April 13, 2006 were approved as written.

ADMINISTRATIVE REPORT: Mayor Kruse presented Fire Prevention Officer Lt. Keith Watson with the Employee of the Quarter award. Two other employees in the running were Leo Cox, Wastewater Operator, and Dennis Flannigan, Police Patrol and DARE Officer. Mayor Kruse noted Lt. Watson’s accomplishments as follows: a 99% completion rate of the district’s 544 facility annual inspections. He noted this is the first time in the history of the Division of Fire that such a percentage was achieved. Lt. Watson achieved this with the assistance of three inspector assistants on shifts in the Fire Division. He assumed the administration and implementation of the smoke detector distribution and community education program. Last quarter, Lt. Watson was charged with assessing all city division fire extinguisher suppression systems. The results of this assessment brought all divisions and departments into compliance and resulted in a significant monetary savings to the City. He proposed and took the lead in acquiring a retired school bus which will be remodeled and will be a smoke simulator and mobile fire prevention classroom. This vehicle will be used to provide additional educational opportunities to over 3,000 school age children.

City Engineer Roush reported that since last Thursday night’s Public Services meeting when the 5^th Street railroad closing was discussed, the City had committed to contact a consultant to see if we could come up with a proposal for the traffic study. Mr. Roush received that proposal which would basically study Delaware Avenue, Industrial Parkway, Coleman’s Crossing Blvd, 5^th Street out to Rt. 33 and including the 5-Points intersection. Work could start on May 1^st and be completed by the end of July. Cost of the proposal is just under $25,000. Mr. Gore requested that proposal be forwarded to Public Services Committee Chairman Fogt. An appropriation of funds will be needed before entering into a contract. The study will include traffic patterns now and in 20 years with 5^th Street both open and closed.

Mr. Fogt asked if the traffic study could include up to Watkins Road instead of just to Rt. 33. Mr. Roush said it could with more money. He said if the City spends more than $25,000 on a study, they’d have to go through the procurement process for hiring an engineering firm, which would take a couple of months just to hire the firm and then follow with the study. Mayor Kruse suggested doing this part of it and then include Watkins Road in a second phase.

REPORT OF CLERK OF COUNCIL: No report.

REPORT OF PLANNING COMMISSION: Mr. Kraus reported items discussed at their last Planning Commission meeting. Election of officers was held. Mr. Cunningham was re-elected Chairman and Mr. Seymour Vice-Chairman. He noted a good bit of Planning Commission’s agenda is on Council’s agenda, such as the BZA amendments and the Design Review legislation. He noted the zoning amendment for properties on State Route 4 was denied for changing A-R to R-2 and R-4. This has been tabled numerous times, so Planning Commission decided to clear it off the agenda, because they feel the zoning does not make sense in that area. They think the applicant will be coming back under the new PUD guidelines. Keystone Crossing final plat was approved. Chestnut Park was tabled until the next meeting. It has changed ownership. They do not anticipate any changes in the plan. The preliminary plat for Scott Farms, which would provide a second access up by Navin School, was approved. The Galbury Meadows final plat was tabled until the June meeting, because the final development plan must come to Council. By then, the Commission should know whether Council approved the final development plan, then both can be dealt with at that time. Approved the preliminary plat for City Gate. On the May agenda is acceptance of the Adena Pointe preliminary plat, acceptance of City Gate final plat, two zoning items, one of which involves a split property. Also discussed zoning on the property on State Route 4. He reminded everyone that Planning Commission minutes are posted on the website if you want further details of the meeting.

Mr. Gore asked if there had been a request to change the zoning on the SR 4 property. Mr. Kraus stated request has been made by the Planning Commission to at least re-discuss the zoning issue. Mr. Gore asked Mr. Kraus to review Council minutes and the discussion that took place on this issue.

Mr. Alan Seymour reported on the Design Review Board meeting. The Board discussed the Navin Office Park off of Rt. 4. This is building number three in a series of four buildings. Building number one, a ranch style, was previously approved. Building number 3 is a two-story and is uniquely different than number 1 and that was approved. Developer will come back with buildings 2 and 4 at the same time since they are alike.

HEARING OF CITIZENS: Mr. Russ Jones and Mr. Rowland Seymour addressed Council on behalf of the Parks & Recreation Commission. He spoke on Adena Pointe. At the last Parks & Recreation Commission meeting, there were some questions on the Adena Pointe development. He read from the minutes of the Parks & Recreation Commission meeting on August 16^th. “Mr. Jim Watkins, Mr. Morrisey and Mr. Talpert were there to address the plan on South Park. These plans are an attempt to solve some of the drainage issues in the area. They showed a map of the area and what they are proposing for the development and South Park. They are proposing a pond to be located in the center of South Park. It will be designed upstream of the development in order to catch and hold the water and release it at a slower rate, which would help the situation at the airport property. They feel it’s a win-win for the City and the Developer.”

Mr. Seymour addressed Council. At the August 16^th Parks & Recreation Meeting, he asked the developer why they were considering a pond in South Park. Their response was, “It is proposed that we cover 2 to 2-1/2 acres in the center of South Park that is a natural, low point. An engineering pipe outlet will be constructed, either 18” or 24”, that will catch in their new development, proceed forward with the new stormsewer improvement and empty into the ponds in the development. The water will drain past Eljer Park to airport park through the Town Run.

Mr. Seymour read a statement from the November 7th Planning Commission minutes. “Mr. Bergwall asked if all the ponds are going to have fountains in them. Mr. Watkins stated all the ponds will be wet and have fountains. Mr. Bergwall asked if they would be lined and Mr. Watkins said no, the soils are good in this area. Mr. Bergwall stated as a part of this development you are going to be doing work in South Park area to help make the land usable, and Mr. Watkins stated, that is correct. They have met with the Parks & Rec Commission and they are in agreement with our plan. Mr. Bergwall stated you are also participating in the $1,000 per lot parkland fee and Mr. Roush stated yes, that is the Administration’s preference.”

Mr. Seymour went on to say the only reason we are here tonight is that we have been told by Steve Conley that the developer says they are not going to do this. Mr. Jones asked Administration if that was correct. Ms. House stated no. She said it’s much more complicated than that. Ms. House said she and Mr. Conley would be happy to sit down and discuss how the plans are progressing for South Park, because they are.

Mr. Seymour said that if they are planning to develop Adena Pointe without a controlled flow from South Park, it will only complicate the water problem.

Mr. Jones stated the developers and residents of Greenwood Colony would be at the next Parks & Recreation meeting.

Mr. Seymour is questioning the integrity of this developer.

Mr. Gore agreed. He looked to Planning Commission for their explanation as to their role in this issue. Mr. Alan Seymour supported the remarks made by Mr. Rowland Seymour. Planning Commission has worked with Adena Pointe development from sketch plan on forward and has worked very hard with them for the best interest of the entire neighborhood. He noted when a development comes to Planning Commission, they take the entire surrounding area into account as well. A part of that was certainly South Park because it addresses the present Links, the present Collingwood and then the implementation of the new project. It makes South Park more important now than ever before. A part of that was the drainage condition and the watershed that comes from Timberview. Planning Commission was insistent that they look at that and see what they could do to correct that situation since it compliments their project, as well as ours. They committed to do that and the minutes show that. The Planning Commission is under the full impression that they are going to follow through with that. Mr. Seymour stated that Monday night the acceptance for the first phase of this project is ready to begin and with that, they want to make sure that the South Park project is in line as it’s been stated all along. The glitch in this though is there’s been a recent rumor the wetlands is what’s going to happen in South Park and that raises a big flag, because up to this point representing the City, we’ve been comfortable that the project they are going to follow through with is good for the community and the neighborhood. Wetlands in the middle of the neighborhood though raises a big flag, which Planning Commission will have to address on Monday with the developer. He asked for input concerning that rumor.

Mr. Gore asked for remarks from Administration. Ms. House offered to sit down and discuss the issue and stated it would take a lot more than 5 minutes to discuss. He asked if Mr. Alan Seymour is on track. Ms. House responded yes. Mr. Gore asked if this would satisfy them right now knowing that the Planning Commission has a commitment, and that Administration or Ms. House is aware of any changes. It’s still very much in line with the commitment that was made. If that’s okay with Mr. Jones and Mr. Rowland Seymour, we’ll proceed from there. If there is a need at a later date to discuss it publicly, then we can do so. Mr. Jones said okay.

Mr. Dennis Schulze addressed Council. He represents Adena Pointe. Regarding Mr. Rowland Seymour’s comment about the integrity of the developer, he stated they have been working with the Administration very closely to get this done. He does not want aspersions cast that somehow they are trying to back out of a commitment they made, because they fully intend to live up to every commitment they made.

Mr. Marshall asked Ms. House to include him in the meeting that she sets up with Mr. Seymour and/or Mr. Jones or provide him with a summary of the meeting.

(Inaudible) ….. Lil Tykes Learning Childcare Center. Regarding the railroad, has there been a date scheduled for the next meeting on this issue? Mr. Fogt responded there has not. Mr. Reams stated they would try to set up a meeting after tonight’s meeting. The meeting will be advertised. She stated that Will Johnson, the State Inspector for PUCO was out inspecting the railroad. City was not notified of his visit.

RESOLUTIONS

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 second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. Mr. Marshall moved to waive third reading, title only 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.

Mr. Burke moved to pass the legislation 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

Resolution 7-06 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 second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. Mr. Marshall moved to waive third reading, title only 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

Motion passed.

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

City Council Minutes

April 27, 2006

Page 6

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

Resolution 8-06 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 second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. Mr. Marshall moved to waive third reading, title only 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

Motion passed.

Mr. Marshall moved to pass the legislation 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

Resolution 9-06 passed.

“RESOLUTION OF INTENT TO APPROPRIATE EASEMENTS” was presented for second reading, public hearing. Motion was made to waive reading in full; affirmative voice was unanimous. Mr. Aslaner asked for Council’s consideration to waive third reading so he can move forward and take action on these easements. All property owners have been contacted. Mr. Marshall moved to waive third reading 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

Motion passed.

Mr. Marshall moved to pass the legislation 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

Resolution 12-06 passed.

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 second reading, public hearing. Motion was made 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. Bill Kelly of Dayton, Power & Light addressed Council. The reason for the request to waive third reading is that crews are available to work on this project now; they may not be available later on. If approved, they can begin the project on Saturday and complete it next week.

Mr. Reams stated the trail pavement extends into this easement area. Once the easement is granted and if DP&L were to go in there 20 years from now and dig into there and damage that surface, who would repair it? Mr. Kelly stated there is a relatively small section of the trail where the path goes about a foot into the easement. If they damage the trail while working on this project, they would definitely fix it. In terms of the future, DP&L will be coming back asking for easements and trying to get cooperation with the City both ways. They would not want to do anything that would be a detriment to the park, the City or the relationship. Mr. Gore stated that the City is pleased that Mr. Kelly is representing Dayton, Power and Light, but past experiences haven’t always been positive. He asked Mr. Aslaner if there is something that can be written in the easement agreement to cover Mr. Reams’s concern. Mr. Gore proposed moving forward with this legislation, and then if an amendment is required, it can be done at a later date. Mr. Kelly said he would agree to a future amendment if necessary.

Mr. Dennis Schulze stated that under general real estate law, an existing improvement would have to be restored unless there is something specific that says they don’t. If you went in and put something new in, then it would be subject to the terms of the easement.

Motion on the floor to waive the third reading.

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

Mr. Fogt moved to pass the legislation 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

Resolution 10-06 passed.

The resolution “TO APPROVE THE AMENDED 9-1-1 FINAL PLAN FOR UNION COUNTY” was presented for first reading, title only. Mayor Kruse stated that all the emergency jurisdictions within the County have been working together in an attempt to centralize our 911 dispatching. An agreement has been reached that will ultimately do away with the City’s 911 positions and everything will be transferred to the County, except Police dispatching. The emergency calls will come into the County. Any 911 calls that come into the County for the police dispatch will be forwarded to a police dispatcher. Only 8% of the police calls are 911 calls. The Police Chief feels it’s very important to keep a presence in the community; that the Police Department keeps an identity. We also need to have a safe haven downtown where someone can walk in to the Police Department 24 hours a day and feel that they will have a safe place to be in the event they need it. We’re not turning the actual police dispatching over to the County, but receipt of the calls for service will be turned over to the County. The complete fire and EMS situation will be turned over to the Sheriff’s Department. One of the nice things about this whole thing is all the Fire and EMS and emergency services in the County will all be talking to each other and using the same procedures. The other very important aspect in this as far as the redundancy, the City currently backs up the Sheriff’s Department and they back up the City’s 911 positions. He noted a tornado could come through and knock out both systems. Under the new plan, the Sheriff will be the primary receiver of calls and the dispatcher. The backup will become mobile. All the positions that are at the Sheriff’s department will be duplicated within a mobile trailer and all the telephone lines will be duplicated both in a location in Richwood and a location in Plain City, so that if the Sheriff’s Department is knocked down, we can move our mobile facility to either Richwood or Plain City and be back in operation in a matter of hours. Mayor feels this is a major improvement in service for the community. Public hearings were held on this plan several weeks ago to allow for input. There was no input. He recommends adoption of this plan and becoming a participant in it. This takes acceptance by all the political subdivisions that have emergency facilities within Union County. All fire chiefs, police chiefs and sheriffs are in agreement on this. He urged Council to support the recommendations of the committee on this issue.

Ms. Sellers stated she had heard about the 8% number, but heard about it in a slightly different context. She heard that 8% of the calls that come in are from land lines as opposed to cell phones for police services. She asked if that was accurate. Mayor Kruse said Ms. Sellers is probably correct because at the present time, cell phones don’t work on our 911 system. Under the new system, cell phones will work and the dispatcher will be able to pinpoint the latitude and longitude of where that call is coming from. Ms. Sellers said the key is that only 8% of total calls are land line calls that would be subject to a transfer if we keep our dispatching here at the City. All cell phone calls would be transferred regardless of where they are located. Mayor Kruse agreed.

Mr. Marshall attended the public hearing on this issue and was very impressed with the size and scope of undertaking and the detail. He commended everyone who worked on this committee. He feels it will be a huge benefit to not only the City but the County over all.

The next resolution was moved to the end of the agenda.

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 third reading, title only. Mr. Burke moved 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 13-06 passed.

The ordinance “TO AMEND SECTION 931.06, SYSTEM CAPACITY CHARGES, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for third reading, title only. Mr. Fogt moved 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 14-06 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 second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. Mr. Marshall 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 Mr. Marshall YES

Motion passed.

Ms. Sellers 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 Mr. Marshall YES Ms. Sellers YES

Ordinance 15-06 passed.

The ordinance “TO AMEND CHAPTER 1129, ADMINISTRATION, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. Mr. Dick Mickley, Chairman of Board of Zoning Appeals, addressed Council. He asked if Council had any questions on the proposed amendments from Board of Zoning Appeals. There were no questions. A Public Hearing will be held on 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 second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. Mr. Burke offered his assistance to work with Ms. Sellers to look at the pay schedule for Planning and Design Review. A Public Hearing will be held on 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 second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on May 25, 2006 at 7:00 p.m.

The ordinance “TO APPROVE THE FINAL DEVELOPMENT PLAN FOR THE GALBURY MEADOWS PLANNED UNIT DEVELOPMENT” was presented for second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. Mr. Vic Steinfeld, representative of Galbury Meadows, offered to answer questions from Council and the public.

“THE ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOT TO EXCEED $75,000,000 OF WASTEWATER TREATMENT SYSTEM REVENUE BONDS, SERIES 2006, OF THE CITY OF MARYSVILLE, OHIO, UNDER ARTICLE XVIII OF THE CONSTITUTION OF OHIO, FOR THE PURPOSE OF (I) ADVANCE REFUNDING AND DEFEASING ITS $13,345,000 WASTEWATER TREATMENT SYSTEM REVENUE BONDS, SERIES 2005, DATED AUGUST 15, 2005, AND (II) CURRENTLY REFUNDING ITS $55,000,000 WASTEWATER TREATMENT SYSTEM REVENUE BOND ANTICIPATION NOTES, SERIES 2005, DATED DECEMBER 22,2005; AUTHORIZING A TRUST INDENTURE TO SECURE SUCH BONDS AND ADDITIONAL PARITY BONDS HEREAFTER AUTHORIZED, WHICH INDENTURE SHALL PLEDGE THE REVENUES OF SAID SYSTEM; AUTHORIZING THE PURCHASE OF MUNICIPAL BOND INSURANCE IN CONNECTION THEREWITH; AND AUTHORIZING A BOND PURCHASE AGREEMENT, A FEDERAL INCOME TAX COMPLIANCE AGREEMENT, AN ESCROW AGREEMENT, AND AN OFFICIAL STATEMENT APPROPRIATE FOR THE OFFERING AND SALE OF SUCH BONDS” was presented for first reading, title only. Mr. Andy Brossart of Fifth Third Securities addressed Council. Mr. Brossart explained going back with the feasibility study that was completed late last year for the first $55,000,000 in the bonds and for the $13,000,000 that was issued in August, they’ve had some assumptions that were made for the $55,000,000 that were issued in one-year bonds. The goal at that time was to continue to renew those because it’s a cheaper form in interest rate. However, with the Fed raising interest rates and the municipal market starting to move upwards as well, part of the financial model with this financing plan was if interest rates started to increase, they could convert this into a fixed rate bond issue to protect the City from interest rate exposure. This is what this legislation is doing with the $55,000,000. They are also advance refunding the other issue that was done last year to take advantage of a revision in the trust indenture for more flexibility for the City of Marysville, in terms of future note issuances that may be coming down the road for the sewer system. In terms of interest rates, they used a 4-1/2% assumption on the notes. Right now they are at 4-1/2%. It makes a lot of sense to lock that in to protect the City. This transaction and pricing should take place mid to late July.

The ordinance “TO REPEAL CHAPTER 133, SHADE TREE COMMISSION, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE” was presented for first reading, title only. Mr. Eric Phillips explained this legislation goes with the proposed Design Review ordinance. It repeals the Shade Tree Commission requirements.

“AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS FOR PURPOSE OF DONATION TO THE UNION COUNTY VETERAN’S REMEMBRANCE COMMITTEE FOR CONSTRUCTION OF A VETERAN’S SERVICE MEMORIAL COMMEMORATING THE MEMORIES OF AND SACRIFICES MADE BY THE VETERANS OF THE ARMED FORCES RESIDING IN UNION COUNTY AND THE CITY OF MARYSVILLE AND MODIFYING THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ACTION” was presented for first reading, title only. Ms. Sellers feels this is wonderful that the City is doing this. She would like to see progress checks and reporting procedures for the project this contribution is going for. Mr. Seymour agreed to give Ms. Sellers a full report. Mr. Fogt expressed his full support of this donation. Mr. Seymour commented that this kiosk is anticipated to be a very educational provision for students, citizens and anyone wanting information.

The ordinance “TO REZONE 119.8 ACRES, MORE OR LESS, LOCATED AT 14145 SR4 FROM AGRICULTURAL (A-R) ZONING DISTRICT TO R-2 MEDIUM DENSITY SINGLE FAMILY AND R-4 LOW DENSITY MULTI-FAMILY RESIDENTIAL ZONING DISTRICT” was presented for first reading, title only. Mr. Ken Kraus explained that Planning Commission’s recommendation for this rezoning is that it be denied. A Public Hearing was scheduled for June 8, 2006, 7:00 p.m. as required by Section 1131.08 of the Planning and Zoning Code.

“RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A SETTLEMENT AGREEMENT TO RESOLVE THE CASE OF STATE ex. rel. PRISCILLA S. GALLOGLY, TRUSTEE, et. al. VS. THOMAS L. KRUSE, MAYOR, et al, AND DECLARING AN EMERGENCY” was presented for first reading, title only.

Mr. Marshall moved to go into Executive Session at 8:25 p.m. to discuss the above settlement agreement for which action will be taken this evening and to discuss the purchase of land for public purposes, seconded by Mr. Fogt 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 8:45 p.m.

Regular session reconvened at 8:45 p.m.

Mr. Reams questioned the need for the emergency. Mr. Aslaner explained the trial is set to begin on Wednesday.

Mr. Burke moved to pass the emergency 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

Motion passed.

Mr. Marshall moved to waive second reading, public hearing 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

Motion passed.

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

Mr. Marshall moved to waive third reading, title only 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

Motion passed.

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

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

Resolution 11-06 passed.

COMMENTS OF COUNCIL PERSONS AND GENERAL DISCUSSION

1. Parks & Recreation Representative

Mr. Reams attended a Rt. 33 Corridor meeting this week. Group is investigating the possibility of creating a development accord, an agreement between the different entities involved along the area to basically educate everyone and explain what that means. There will be a meeting of the entire group, City Council, Township Trustees, etc. tentatively the fourth Tuesday of May. This date yet to be confirmed. The group is making progress. The project of creating an accord and getting public input and using the consultants to help draft the agreement is about an eight month process, then an additional three to four months before agreement is finalized and ready to bring to all entities.

Mr. Fogt supports agreement mentioned by Mr. Reams above. It has worked well in a couple of other areas.

Mr. Fogt reported on the Public Services Committee meeting regarding the railroad crossing on E. 5^th Street. Received a lot of good input.

Mr. Fogt and Mr. Gore attended the meeting regarding underage alcohol consumption. It was a very good meeting. Mr. Gore commented that Chief Golden represented the City and did an outstanding job.

Mr. Fogt announced the Sensations Community Choir Concert to be held next Thursday and Friday night at 7:30 p.m. Everyone is invited.

Ms. Sellers stated she and her husband are sponsoring a concert for children at the Marysville Public Library on Sunday at 3:30 p.m. It is targeted to preschoolers.

Mr. Marshall reported that the Public Safety Committee met just prior to this Council meeting. Code Red is an opportunity for the City to participate in an early warning system. It involves being able to log on via the internet. Each resident will be advised of a warning, whether it be a tornado or tanker spill. Each resident in the county and city will receive a telephone call. Consensus of Public Safety Committee was to pursue it. Administration is working with the County to do this on a county-wide basis. Cost first year approximately $14,000 and about $7,000 thereafter, depending on minutes used. Proposed new fire station was discussed. Talked about relocating a new station at the corner of Collins Avenue and SR4, on the ORW facility property. Committee plans to meet the second Thursday of each month, just prior to the Council meeting. Chief Golden presented the committee with a Citizen Police Academy proposal, which is an opportunity for citizens to gain an awareness and knowledge offering different perspectives on what the Police Department does. It’s a ten-week course. He encouraged public participation.

ADJOURNMENT: There being no further business to come before Council, the meeting adjourned.