CITY COUNCIL MINUTES

MAY 11, 2006

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

MEMBERS PRESENT: Ms. Sellers, Mr. Fogt, Mr. Gore, Mr. Burke, Mr. Reams, Mr. Marshall (arrived at 7:30) Excused: Mr. Pleasant

OTHERS PRESENT: Director of Administration House, Finance Director Morehart, Asst. Law Director Eufinger, Clerk Patterson

REPORTERS PRESENT: Ryan Horns – Journal Tribune, Lois Gruenbaum – WUCO

CITIZENS PRESENT: Jason Coffee, Bill Keethler, Alan Seymour, Bob Widder, Rowland Seymour, Ken Kraus, Ron Miller, Shawn Lanning, Michelle O’Connors, Barb Miller, Crista Miller, Joe Clase, Grant ____________, Dennis Schulze

APPROVAL OF MINUTES: There being no additions or corrections, the minutes for the meeting on April 27, 2006 were approved as written.

ADMINISTRATIVE REPORT: Ms. House reported that the Uptown Renewal Team will be sponsoring Third Fridays on June 16, July 28 (moved to 4^th Friday for Honda Homecoming) and August 18. She encouraged everyone to attend.

Union Rural Electric’s Roundup Program donated $5,000 to offset expenses for the City’s new canine officer. She thanked URE for that donation.

In Milford Center, ODOT will be replacing the bridge deck across the Darby. City is working with ODOT on the detour route. There are a lot of things happening this summer on Rt. 38, which becomes Rt. 4 North, and that is the intended detour route for truck traffic. An acceptable route has not been settled on by the City and ODOT. She said if anyone had any suggestions on an alternate route, please let her know. This will be a 90-day closing/detour.

REPORT OF CLERK OF COUNCIL: Clerk Patterson read a letter to City Council from the Memorial Day Committee informing them of the planned events for Memorial Day. The committee invited Council to participate and thanked them for past support.

She reported on two requests for liquor permits. ELZA, Inc. (Sunoco), 567 E. 5^th Street applied for a C1 permit (beer only in original sealed containers for carry out only until 1:00 a.m.) Wal-mart applied for a C1 and C2 permit (wine and certain prepackaged mixed drinks in sealed containers for carry out only until 1:00 a.m.) Chief Golden had no objections. Voice vote was unanimous in support of these requests.

REPORT OF ECONOMIC DEVELOPMENT DIRECTOR: Mr. Phillips introduced the new Director of Business Development, Joe Clase. He will be responsible for URT and helping and supporting URT’s efforts, as well as business recruitment and retention. He will be working on updating the database for building sites and properties that are currently available for commercial/industrial use.

The Chamber unveiled a historic marker plaque that recognized the O.M. Scott original hardware store building in Uptown Marysville on April 26^th. Scotts is doing some investigation on potential purchase of this building. Mr. Hagedorn was in attendance at this event.

The Uptown Improvement Plan is moving forward, and a draft should be ready in July or August of this year. The Plan will come back to City Council for formal approval late summer/early fall.

Wal-mart is allowing U.S. Properties to potentially lease out their vacated building.

HEARING OF CITIZENS: Ms. Lois Gruenbaum stated Naval Captain Neil Parrott of Marysville will be the speaker at the Memorial Day event.

Mr. Ron Miller, owner of a business on a private drive between Delaware Avenue and E. 5^th Street, located west of the closed railroad crossing addressed Council. He expressed concerns about the traffic congestion on Delaware Avenue and drivers choosing to use his private drive to travel around the closed crossing. He questioned why the crossing was closed. He mentioned a letter from the Ohio Rail Development Commission dated April 27, 2005 (was told that it should have been 2006). He’s not certain of that fact. Two options were discussed to resolve the alleged safety issue of the 5^th Street crossing. It appears the City Administration selected the first option, to close the crossing in order to receive $150,000 in incentive funds to improve other crossings in the community. The second option to resolve the alleged safety issue, involved pursuing the installation of flashing lights and gates. This second option requires a current 24 hour traffic count for the crossing. With the crossing closed, the traffic count is impossible. If the City provided ORDC with a traffic count, ORDC would assist the community in funding the installation based on the hazard ranking of the crossing. Why wasn’t this option pursued? In an April 28^th letter from Mr. Johnson, of the PUCO, it was stated that although the crossing is in need of repairs, it is still a suitable and functional crossing for passage and was not in a condition that required closure. Why did the City Administration choose to close the crossing? New traffic studies can’t be completed and give valid results with the crossing closed. Mr. Roush’s parameters for the proposed traffic study that were discussed at the committee meeting on May 9^th did not explore the potential of using E. 5^th Street as a third east/west thoroughfare. This additional thoroughfare would relieve some traffic congestion on Delaware Avenue. This crossing should not have been closed until decisions were made on what was best for the City and its citizens.

Mr. Gore stated that the Public Services Committee has requested legislation for a traffic study to be put on the consent calendar this evening. Mr. Roush informed the committee that even though E. 5^th Street was closed, there is some type of formula used to determine what the actual traffic flow is in that area. The legislation states that the traffic study will include E. 5^th Street, Delaware Avenue, Cherry Street and Industrial Parkway areas.

Mr. Bob Widder, KFC, addressed Council regarding the railroad closing. He applauded the subcommittee and Council for the work they’ve done so far. He reiterated issues that came up in Tuesday’s meeting to make sure that people who were not in attendance then, would understand what was discussed. He noted the contract with City Gate does not close until June, and asked if there is a way to re-do the City Gate contract to look at it from the traffic standpoint on whether or not any of those businesses could help the City pay for all the repairs that need to be made, either to the tracks or 5^th Street. Wants to make sure the traffic count takes into consideration the Wal-mart traffic count, as well as future traffic counts. Asked them to keep in mind that we’re presently at 6% capacity on building lots that are there. One year, two years, three years and five years from now, when everything is leased out or sold out, is that being taken into consideration with the thoughts on the widening of the roads and 5^th Street. Study should also compare the cost of widening Delaware Avenue vs. widening 5^th Street. Why would we want to close 5^th Street and then pay money to widen Delaware Avenue when it might be more economical to the citizens of Marysville to widen 5^th Street first. He feels it would make more sense for the crossing to be open in order to get a much better study.

An unidentified person stated that the Ohio Rail Development Commission states that a current 24 hour traffic count is needed to help with funding. She is confused how the study can be done with the railroad closed.

Mr. Fogt talked to Bonnie at the PUCO today and asked her about doing the traffic count with the railroad closed. He stated she was comfortable with DLZ estimating the traffic flow. Resident asked if City Council was satisfied with that answer. Mr. Reams stated he thought so, because we’re not at a point yet where a decision has been made. When that time comes, we’ll be able to take that step. The study has to be done first. If that shows the solution is to reopen that street and make some enhancements in that area, then we can get a current count at that time. Resident fears that if we were to reopen it for a traffic study at this point, a lot of citizens would not take that road, because the City has taken issue to close it, which will make people second guess taking that route, so it wouldn’t be an accurate traffic count.

Mr. Gore stated based on the ability to do an estimate because of whatever formula is used, for those that are in favor of reopening it, it’s an advantage to estimate it because he agrees that people are now getting away from using it and probably wouldn’t use it or be concerned about using it, so probably better off in the long run using the formula they use for the estimate. He stated he’s a long way from deciding to close it permanently. He, as well as Council Committees, will explore all options before making a final decision. It can not be closed permanently unless Council votes to close it.

Mr. Reams and Mr. Fogt requested Council’s consideration to put legislation on the consent calendar for the traffic study. The request is “TO APPROPRIATE $24,900 FROM UNAPPROPRIATED GENERAL FUNDS FOR A TRAFFIC STUDY OF THE EAST FIFTH STREET/DELAWARE AVE/CHERRY ST/INDUSTRIAL PKWY AREA, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS EXPENDITURE.” 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 Ms. Sellers YES

Motion passed.

RESOLUTIONS

“RESOLUTION OF INTENT TO APPROPRIATE EASEMENTS” was inadvertently put on the agenda. It was passed at the last meeting.

The resolution “TO APPROVE THE AMENDED 9-1-1 FINAL PLAN FOR UNION COUNTY” was presented for second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. This resolution will be addressed later in the meeting.

“RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION ON BEHALF OF THE CITY OF MARYSVILLE TO THE OHIO CDBG SMALL CITIES PROGRAM FOR $60,000 OF FY2006 FORMULA GRANT FUNDS” was presented for first reading, title only. Ms. House explained this is for the direct city federal formula monies that the City is entitled to. Amount is $60,000, which is a 10% decrease from this year’s current monies. Two public hearings will be held at the second and third readings of this legislation. City will be looking at several different opportunities for projects on which to spend this money. Legislation states specifically streets and sidewalks. Will be looking at low to moderate income areas for these improvements.

ORDINANCES

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 second reading, public hearing. This legislation was postponed at the April 13^th meeting. Motion was made to waive reading in full; affirmative voice vote was unanimous. Mr. Jason Coffee of Weaver LLC addressed Council. He displayed the overall map of this area. Shawn Lanning of Watcon Planning and Engineering and Dennis Schulze, Attorney for the applicant, were in attendance. Mr. Coffee has worked closely with Planning Commission and the neighbors on this project. He explained where the project started and where it’s at now. First plan showed the majority being R2 with some R1 buffering over along the residents. Feedback from Planning Commission indicated changes were needed. The next plan submitted in March showed 127 lots. Mr. Coffee met with some of the neighbors and they expressed some concern about the number of lots behind them. Planning Commission expressed concern for making some larger lots and more considerations for the existing residents along Weaver Road. After that meeting, met again with the neighbors which led to the next plan that has been submitted as a part of the rezoning. In this plan, three additional lots were dropped to give more buffering and consideration to the neighbors. Commitments were made to the neighbors and submitted to Council in writing as follows: 1) For the Basch’s property, only one lot would be placed along their side lot line. 2) The lots that abutted the rear property would have a minimum 20,000 sq. ft., which is the SR standard as far as lot size. Lot 1 was not made that size because if it was made that size, it would push the house farther to the front. Mr. Coffee felt it would be better to have a nice size lot to keep it pushed clear back. 3) Made a commitment for all lots, including this one, to abut those four lots and commit to a large house size above the SR, 1600 sq. ft. for ranch, 2000 sq. ft. for a two-story. 4) Commit to work with the neighbors as far as a uniform buffering that doesn’t just go along the back of the lots, but would extend out to set back on Weaver to give general protection to that area.

Mr. Fogt commended the developer for talking with the neighbors and working out the details. He asked where the water would be directed? Mr. Coffee stated Watcon did the plans for Adena Pointe, which are now going through the process, and basically all the water from here is going out into the retention ponds on Adena Pointe, as well as a shared detention pond with Beazer and Adena Pointe, to take care of the stormwater in the area. Mr. Fogt did not think the direction of the water was the original direction. Mr. Coffee stated there is a general location that is basically flat along the general region, both on Adena Pointe and his development. From the standpoint of what’s being taken into consideration, because the stormwater being taken care of to the west and the additional improvements from the west through Adena Pointe to here, this would accommodate the runoff from here as well as Adena Pointe, because of the improvements that are taking place farther to the west. Mr. Fogt stated, “If you’re changing the way the stormwater goes, I can’t go along with that at all. We’ve already been in a problem with that.”

Mr. Dennis Schulze explained that this land is going to be part of the solution for the whole area, including South Park and the golf course. The whole thing works together. At the request of the Planning Commission, they combined some of these ponds and things, and they are working as a group on these issues. There may be some redirection, but it’s a good thing because according to Mr. Roush, this is going to solve a lot of problems in the area.

Mr. Fogt stated it’s going to add more water to the Town Run.

Mr. Alan Seymour stated Planning Commission spent a lot of time discussing every project that’s going through there, Chestnut Park, Keystone, Adena Pointe. Knowing that the Bishop ditch and the Timberview water flows all in that direction and all goes to the Town Run and eventually Mill Creek and the concerns the citizens had, they spent a lot of time making sure this was properly engineered. It is a totally engineered drainage system. It has a series of ponds that contain the water so it’s a controlled flow into Mill Creek, so it’s not greater than the flow that happens right now. It appears that the engineered process is definitely to the advantage of controlling the flow in the entire area.

Mr. Fogt can’t agree with changing the flow of water. Mr. Seymour stated it doesn’t change the direction of it, it just controls the flow. It better directs the flow. It all goes in that same direction, although it’s going through pipes and pond structures.

Ms. Sellers stated she would like to know more about that process. Mr. Lanning stated all of these issues were taken into consideration.

Mr. Gore asked about the issues that have been raised about Adena Pointe and the water.

Mr. John Cunningham stated the Planning Commission worked on that. It’s a holistic effort in terms of engineering, and they are working very closely with Mr. Roush to make sure issues are addressed. Not everything is totally mitigated, but it is well on the way to being mitigated far better than it is currently. Planning Commission is very satisfied with it. He noted they are not into platting of this issue yet; this is only zoning this evening. Mr. Gore said he understood that, but there is no sense in zoning something if you anticipate issues with the development. He asked the engineer for the development to attend the next meeting to explain these water issues. Ms. House offered that if anyone had questions/concerns, feel free to talk to Mr. Roush.

Ms. Sellers asked who would take care of the ponds. Ms. House said the City would not be taking care of the ponds. Mr. Coffee stated typically the homeowners association would take care of them.

Mr. Fogt asked if there are any road improvements included in this plan. Mr. Coffee stated there will be a traffic study done for the area and would anticipate something for the main entrance, but details have not been worked out.

Mr. Schulze stated Planning Commission has consistently and aggressively insisted that the developer go beyond that and look at what’s going to happen in the platting process. Stub roads and traffic out on Weaver Road have been discussed.

Mr. Gore again stated that he feels you should not rezone something if you anticipate there could be some problems with the development. Those questions need to be answered before you rezone.

Mr. Fogt commented that this pushes the number of proposed houses in that area to well over 600. He commented on the condition of Chestnut Street and stated it’s not going to handle 600 new houses. He’s not ready to approve more residential on that street.

“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 second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous.

The ordinance “TO REPEAL CHAPTER 133, SHADE TREE COMMISSION, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE” was presented for second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous.

“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 second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. Mr. Marshall commented that he received a call from Mr. Baker with concerns/questions on the kiosk and how the computer equipment would be housed in that kiosk. Mr. Rowland Seymour stated the committee is researching this in depth. The information received thus far is that it is impervious to all types of weather conditions. He confirmed this unit would be housed to further protect it from the weather. Mr. Baker also asked what the educational aspect of this kiosk would be. Mr. Marshall asked if there would be any historical information available besides the names of the veterans, dates and places served, etc. Mr. Seymour stated names, dates of service, where served and photos would be in the database. Ms. Sellers asked the committee to report back at various times on this issue in question as well as the progress of this project. Mr. Seymour agreed.

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-2 LOW DENSITY MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS” was presented for second reading, public hearing. Motion was made to waive reading in full; affirmative voice vote was unanimous. Mr. Cunningham stated that Planning Commission voted unanimously to not recommend this rezoning at this point. The applicant submitted this quite a while back. Pending the passage of the new PUD process, they had been tabling it. When applicant did not show up at the last meeting, Planning Commission denied it. Mr. Marshall moved to waive third reading. Clerk Patterson stated a public hearing scheduled for June 8^th must be held, and Council must take action on the legislation. Mr. Marshall withdrew his motion.

The ordinance “TO AMEND SECTION 931.06(a), SYSTEM CAPACITY CHARGES, INSPECTION CHARGES AND OTHER FEES, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE” was presented for first reading, title only. Mr. Burke explained that some time ago, Mr. Fogt noted there was an inconsistency of meter sizes and fees for multi-family dwellings, mainly apartments and condominiums. Malcolm Pirnie recommended a new meter equivalent rate, which is moving forward at this time to pay for the reservoir and water treatment plant (not wastewater). Public Finance Committee researched this issue by looking at 100 single family residences around town, as well as 100 apartment units, and determined the water usage between those worked out on a gallonage rate to be 70%, where a single family home would be one, and an apartment uses approximately 70% of that water. Using that same train of thought that it would take an equivalent amount of infrastructure to deliver that water, it was determined that it would be appropriate to charge a meter equivalent rate or cost of infrastructure rate to each one of those units so as to not pass that burden on to the single family home. This would make them pay their fair share. This is one of the ways to get growth to pay for growth. As additional units come on to the system, the City won’t find themselves in increased water usage and decreased funds. These units will pay per dwelling, regardless of bedroom size, .7 meter equivalent per unit whether they build duplexes or 100 units.

Mr. Fogt asked if the sewer tap-in fee is figured off of this. Ms. House stated it still needs to be addressed. The sewer rate fee is based upon the meter size and these would be metered facilities that are charged an individual capacity fee. Similar legislation is needed to address the sewer tap-in fees.

Mr. Burke clarified that each meter size is assigned to many residential units. One residential unit would be a single family home and would be assigned one meter in a certain diameter for that house. In a multi-family dwelling such as an apartment complex, a developer would determine what his meter size would be. If he was going to build 100 units, he may decide, in conjunction with the City, on a 2” line. He may pick a 2” meter and that may only be equal to 60 meter equivalents. The developer is getting water service for 100 residents for the cost of 60. This creates an imbalance over time. The goal here is when meter size is eliminated as a charge to these multi-family dwellings, it encourages a larger meter and increases hydrostatic pressure throughout the whole system, because there is not this constraint going into 100 units. This should improve the system, and where there is potential development outside the city, it theoretically could decrease the need for a water tower in the long run.

The ordinance “CREATING THE POSITION OF ASSISTANT CITY ENGINEER AND ESTABLISHING THE SALARY RANGE” was presented for first reading, title only. Mr. Gore confirmed that this position is being created to replace an existing position where an employee is retiring. Ms. House confirmed, but stated not being replaced apple for apple. Mr. Gore explained there is an existing engineer position that is being reclassified. Once the existing position becomes vacant, it will not be refilled.

The ordinance “TO REZONE PARCELS 1010716003000, 1010716003001, 1010716003002, 1010805023000, LOCATED ON THE SOUTH SIDE OF MOREY DRIVE FROM SPLIT ZONING OF HMD HOSPITAL MEDICAL DISTRICT AND B-1 SERVICE BUSINESS DISTRICT TO B-1 SERVICE BUSINESS DISTRICT ZONING DISTRICT” was presented for first reading, title only. Mr. Cunningham stated this is a cleanup in zoning and brings consistency in the area. He noted Memorial Hospital is in concurrence of the rezoning of the HMD in that area. A public hearing was scheduled for June 22, 2006 at 7:00 p.m.

The ordinance “TO APPROPROATE $44,958 FROM UNAPPROPRIATED GENERAL FUNDS FOR THE PAYMENT OF THE 2006 SALARY EXPENSES FOR THE ASSISTANT CITY ENGINEER POSITION, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THESE SALARY EXPENSES” was presented for first reading, title only.

The resolution “TO APPROVE THE AMENDED 9-1-1- FINAL PLAN FOR UNION COUNTY” was presented for second reading, public hearing. Mr. Eufinger explained that the adoption of this proposal requires the approval or disapproval within 60 days of the various political subdivisions that are involved in the 911 area. The 60 day period ends on June 12, 2006. If third reading is waived tonight and passed tonight, there is still a referendum period which will expire on June 12^th. If there is no final approval before the 12^th, it is considered a rejection or disapproval. Motion was made to waive reading in full; affirmative voice vote was unanimous. Ms. Sellers stated the plan does not consider the issue of whether the city’s dispatch will go the County. Is that understood among the participants (the city’s police dispatch)? Ms. House stated yes. This is for 911 incoming calls. Ms. Sellers stated the plan contemplates that Fire dispatch will be consolidated with the county’s system, so it does cover more than just incoming 911 calls, but she understands that the City does not believe that city police dispatching should go to the county. She asked, “Are we certain by the terms of the plan that all the parties understand that so we don’t have a future dispute on that issue?” Ms. House stated, “I believe that we do but I guess I can’t answer that because I wasn’t a part of those meetings and conversations. The Police Chief or Mayor could answer that.”

Mr. Gore stated the 911 calls will go to the 911 operator, which will be a county employee who will dispatch that to the Marysville Police Department. Ms. House agreed. The Police Dispatch will be maintained in house. Ms. Sellers stated the county may potentially have a dispute over that in the future because of funding issues. Ms. House stated they will transfer the call to our Police dispatch when they realize it is a police call. Ms. Sellers understands that is how it will work in affect, but her concern is over future disputes over the implementation of the plan.

Mr. Marshall attended the public meetings on this issue. Given the number of jurisdictions that are working with this, he can’t imagine that this is a secret to anyone. He said this is definitely a team effort.

Ms. Sellers is very impressed with this plan, but based on her experience, implementation can be a problem.

Mr. Gore said that future discussions or negotiations do not have to be ruled out. At this time, however, it will continue to operate as described.

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

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

Motion passed.

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

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

Resolution 13-06 passed.

The ordinance “TO APPROPRIATE $24,900 FROM THE UNAPPROPRIATED GENERAL FUNDS FOR A TRAFFIC STUDY OF THE EAST FIFTH STREET / DELAWARE AVE / CHERRY ST / INDUSTRIAL PKWY AREA, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS EXPENDITURE” was presented for first reading, title only. Ms. House explained that the proposal calls for a two-month time frame for the study to be completed from the time the City contracts with them. Since dialogue has begun with the PUCO and CSX, the Committee will continue to discuss this issue and try to explore all options.

The Committee would like to get this traffic study moving as quickly as possible, therefore, asked Council’s consideration to waive readings. Mr. Reams moved to waive second reading, public hearing and the question put, stood:

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

Motion passed.

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

Mr. Miller stated at the Committee meeting the other night, Mr. Roush said that he had, in his conversations with CSX, indicated that the City was in favor of closing or had given them the idea that the City was in favor of closing the railroad. He asked if that statement had been corrected. Mr. Gore recalled that Mr. Roush had said that he could see where his conversations gave them the indication…… Mr. Gore said the dialogue has been opened and we need to continue that. The Committee will continue the dialogue plus work with Administration.

Mr. Fogt stated he was aware there are some objections to the traffic study. It’s too bad the City has to spend this money when it should have been all encompassed with everything that’s been going on out there. Also, we need a comprehensive plan for the whole City and a traffic study for the whole City and this will be just one part of that. In his discussion with Bonnie at the PUCO, he feels this is necessary to continue on, as well as to help other problems.

Ms. Sellers asked if the City could get an agreement from the Railroad Commission that we will still be eligible for grants, notwithstanding keeping the crossing closed during the traffic study. Mr. Reams stated the Ohio Rail Commission made it very clear not to close it permanently until we explore our options. Ms. Sellers asked if we are putting these grants at risk by doing the study. Mr. Reams stated no, because if we found that was still an issue when we were ready to make the improvements to the road and open that up, we could then get that count if they’ve determined the study in insufficient.

Mr. John Cunningham noted as a citizen, there is a traffic diversion that occurs going up 31 because of that area. You go to 31 to get on 33 to go out of town instead of going out in that direction because of the railroad tracks. He wanted this noted for the people doing the study.

Mr. Fogt 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

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. Marshall YES

Ordinance 16-06 passed.

COMMENTS OF COUNCIL PERSONS AND GENERAL DISCUSSION

1. Parks & Recreation Representative

Mr. Fogt reported on the Public Services Committee meeting. Committee agreed with the hiring of a city planner.

Traffic study was discussed and action was taken at tonight’s meeting.

Had lengthy discussion of railroad crossing at E. 5^th Street.

Committee discussed impact fees, which is one way to address street improvements. TIF money won’t be available to use for improvements for several years.

Discussed ODOT preliminary legislation for slippage repair on the Rt. 33 embankments. ODOT will take care of this repair and City will not have to spend money on them.

Mr. Roush has been working on changing inspection fees for water and sanitary sewer.

Mr. Gore told everyone to please be patient. We want to do this thing right and we all understand what we’re facing in the future. Feels the City Planner position is a step in the right direction because of all the growth the City is experiencing.

Mr. Gore commented that he was glad to see everyone at tonight’s meeting. This is your meeting and it’s nice to see everyone come out and take an interest in the community, whether you agree with us or disagree with us.

ADJOURNMENT: There being no further business to come before City Council, the meeting adjourned at 8:28 p.m.