CITY COUNCIL MINUTES

 

MAY 25, 2006

 

The meeting was called to order by President Gore at 7:10 p.m.

 

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

 

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

 

CITIZENS PRESENT:  Rowland Seymour, Wade Branstiter, Randy Lewis, Shawn Lanning, Jason Coffee, Alan Seymour, Bill Keethler, John Cunningham, Bill Kelley, Jim Morrisey, Vic Steinfels, Bob Bachtel, Bruce Clevenger, Dennis Schulze

 

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

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting of May 11, 2006 were approved as written.

 

ADMINISTRATIVE REPORT:  No report.

 

REPORT OF CLERK OF COUNCIL:  No report.

 

REPORT OF PLANNING COMMISSION:  Mr. John Cunningham gave a Planning Commission report from their May meeting as follows:

·        Chestnut Park final plat was approved.

·        Request for an extension was granted for the preliminary plat for Scott Farms subdivision.

·        Accepted two final plats to be reviewed at the next meeting: Adena Pointe and City Gate.  Planning Commission has some concerns about some of the engineering issues with Adena Pointe.  They will be looking at those issues very closely and working with the City Engineer.

·        Passed a resolution for Morey Drive rezoning.

·        Reviewed a Planning Commission initiated zoning request which involves 7.693 acres on SR4. 

·        There were no items for the Design Review Board, so the Board met and held a strategic planning discussion on items on their “TO DO” list.

·        The Commission is working on some of the issues that revolve around the Historic District that involves legislation that is currently before Council.

·        The Commission will be reviewing the chapter in the code entitled Mobile Homes, which is now called Manufactured Homes. 

 

Mr. Reams asked about the zoning change on SR4.  Mr. Cunningham explained that the property was recently rezoned to B-1 to be developed as a combination of residential housing and some commercial development.  The Commission is concerned that they possibly should have reconsidered that and look at locking that off to make sure there is commercial development and a residential zoning. 

 

HEARING OF CITIZENS:  Mr. Randy Lewis, owner of Infinity Restaurant, addressed Council.  He is building a new restaurant on Industrial Parkway.  When he went to tap into the sewer system, he found that the former owner, Gary Peake, Marysville Tool Rental, didn’t carry the sewer line over to his property.  It stopped in the middle of his property.  He talked to City Engineer Roush, who said he had talked to Mayor Kruse about his situation.  He was told he had to do it according to his site plan, which is fine; he’ll run it across his property on the site plan, but where is he going to tie into at?  Mr. Lewis offered to tie into it and pay the cost, but he can’t afford the additional expense, which is another $10,000.  He would stop it in the middle of his property and give the next person on the next lot permission to tie into it with no problems whatsoever.  Mr. Roush responded, “Two rights don’t make a wrong.”  Mr. Lewis presented a letter from the City Engineer that admits the City never inspected it and that this is not the only problem with that property.  In addition to it, their rain water runs onto Mr. Lewis’s property and his detention pond.  The detention pond was never put in properly.  Mr. Lewis asked why the City deems that he has to pay for it, when nothing has been done in all these years?  His loan is due to close in August, so he’s under pressure to resolve this issue.

 

Mr. Gore said that he heard about this issue from the Mayor on Tuesday.  The Mayor stated at that point, it had been hear say, and that he had received a certified letter from Mr. Lewis today.  Mr. Lewis stated he had talked to the Administrator and she said the City Engineer had talked to the Mayor about the issue. 

 

Mr. Gore stated that Mr. Lewis has an issue, the City has an issue and the present landowner has an issue.  He promised Mr. Lewis that someone would review the problem right away with Administration to see what can be done. 

 

Mr. Lewis stated he cannot emphasize the timeframe that he’s under.  Everything that he has worked for is riding on this. 

 

Mayor Kruse stated he’s convinced Mr. Lewis has a legitimate issue, and they’re trying to figure out how to resolve it. 

 

RESOLUTIONS

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

 

Ms. House stated there are requirements for this public hearing because these are federal funds.  Requirements as part of the application process are as follows:

·        Funds must be used to meet national and state objectives:

o       Activities using Formula Funds must meet one of 3 possible objectives – benefit low to moderate income persons, prevent or eliminate slum or blighted areas or areas of urgent need that are a threat to health, safety or welfare of the community.

o       City is targeting low to moderate income neighborhoods.

o       City anticipates funds to be used in one of the census tract areas that qualify and 50% or greater of those residents being low to moderate income.  Census data will be used to determine that. 

 

·        There is $60,000 for this year, which is $7,000 less (10%) than last year because of a reduction in the overall budget from the federal government.

 

·        Eligible activities include:

o       51% of all of our funds received must be allocated to benefit low to moderate income households.

o       Activities can include projects providing public services, planning, administration and public improvements.

o       City administration is recommending that public improvement projects target either street or alleyway repaving or sidewalk restoration.

 

·        Marysville became a direct city for the first time in recent history in 2004, so this will be our third round of monies that we can administer ourselves.

 

·        In 2004 we repaved parts of 8th and Maple Streets, as well as funding the application for our 2005-2007 CHIP Grant.

 

·        Applications are due July 14, 2006 no later than 5:00 p.m. to the Ohio Department of Development’s Office of Housing and Community Partnerships.

 

·        A second public hearing on this funding application will be held at the next City Council meeting on June 8th.  At that time, specific project recommendations will be made.  Anyone desiring to suggest projects for consideration should contact the Mayor’s office.

 

Mr. Burke stated there is an area on Milford Avenue behind Community Market where the sidewalk ends then continues on the other side of a culvert.  There is a portion of the road where people have to get on, go around the guardrail, then come back onto the sidewalk. That route allows people in the apartment complex behind Community Market, as well as residents of Windsor Manor, to access Community Market without having to go in a roundabout way.  That area is considered a low to moderate income area.  There are people with handicaps, wheelchairs, etc. that do risk injury going that route.  If this qualifies for this type of money, it would be appreciated.  In a previous discussion, Mr. Roush informed Mr. Burke that the bridge repair is on the long-term list.  Mr. Burke stated even if a wood-type decking material could be used so that the residents would not to have to access Milford to get to Community Market, it would be appreciated.  Ms. House will check into his suggestion. 

 

The RESOLUTION ACCEPTING THE TERMS AND CONDITIONS OF RESOLUTION #307, “TO AUTHORIZE THE CITY OF MARYSVILLE TO CONSTRUCT, MAINTAIN AND OPERATE SANITARY SEWER SERVICE LINES WITHIN THE RIGHT OF WAY OF ADELSBERGER ROAD (TOWNSHIP ROAD #30)” PASSED BY MILLCREEK TOWNSHIP BOARD OF TRUSTEES AND DECLARING AN EMERGENCY” was presented for first reading, title only.  This is the agreement that was negotiated with Millcreek Township and landowner, Mr. Renner.  The Resolution and Addendum was passed by Millcreek Township.  In that Resolution, it states that the City of Marysville also has to pass the resolution accepting the terms and conditions.  Mr. Marshall moved to pass the emergency and the question put, stood:

 

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

 

Emergency passed.

 

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

 

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

 

Motion passed.

 

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

 

Motion passed.

 

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

 

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

 

Resolution 14-06 passed.

 

The RESOLUTION AUTHORIZING THE MAYOR TO COOPERATE WITH AND ALLOW THE OHIO DEPARTMENT OF TRANSPORATION TO PERFORM SLOPE REPAIRS ALONG US33 AND DECLARING AN EMERGENCY” was presented for first reading, title only.  This legislation is required so that ODOT can repair the slippage at three locations along US 33.  ODOT will be paying for these repairs.  Mr. Burke moved to pass the emergency and the question put, stood:

 

Mr. Burke thanked Administration for working with ODOT on this issue.  This would have cost the City tens of thousands of dollars in testing and repair.  Ms. House stated Mr. Joe Tracey worked with ODOT so he deserves the credit for this.

 

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

 

Emergency passed. 

 

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 third reading, public hearing.  Mr. Jason Coffee of Weaver Road LLC addressed Council and displayed a map of proposed plans.  Council made a request at the last meeting for more details as pertains to engineering issues and some development issues.  Water is the main issue with Council.  Mr. Coffee noted a drainage problem with Mill Creek already exists, so they took this opportunity to be part of a regional solution.  The plans include a regional retention basin which is part of Adena Pointe’s first phase.  Once you develop and get an overall stormwater system, you have the ability to control it and help the downstream situation versus letting it all go. 

 

Ms. Sellers asked Mr. Coffee where the water is going to flow and what is he going to do with it.  Mr. Jim Morrisey, engineer, explained that they are picking up close to 370 acres total.  The major drainage area that’s in question is about 12-1/2 acres that naturally flows through Dale’s farm currently.  They are being proactive with the EPA restrictions by collecting about 11.9 acres and routing it and centralizing that flow into the regional pond and will release that at an EPA required release rate.  He was unsure of the release rate, but stated it is way under what it should be.  There is 0.6 acres that will remain a sheet flow, and that basically it’s the rear yards of the 14 lots along the south line.  That’s the only affect that will be on Dale’s land.  That is an improvement for Dale.  It will decrease the 12-1/2 acres that naturally flow right now.  They will eliminate about 11.9 acres and use water quality issues to treat the water.  In layman’s terms, the EPA is very stringent upon how the water should be handled.  There is an exact release rate.  What the developer has to do is take a 100 year storm and be able to hold that storm for a set amount of time, and the water has to be able to be held but released at a really small rate.  They have accounted for all the existing drainage on that site in the predevelopment.  Everything that is naturally falling will flow north into Mill Creek, and only about 12-1/2 acres is flowing south to Big Walnut.  Developer is being proactive by taking the streets that are designed in this 11.9 acres and collecting that water and putting it into the retention pond.  There is a 24” field tile that runs through Chestnut Park and eventually will get to Mill Creek.  That water will be treated to EPA standards.  This plan is an improvement; it will decrease erosion. 

 

Ms. Sellers asked if they would be diverting the flow at all?  Mr. Morrisey said it’s tough to call it diversion. 

 

Mr. Gore said that someone stated at the last meeting that the developer was going to reverse the flow of the water.

 

Mr. Morrisey said a diversion could be putting in a stream and rerouting the water in one particular area.  In the purple area is everything that naturally flows south through Dale’s property.  The developer in this area (?) is developing roads which are going to have catch basins and storm drainage, etc.  So, any rain that falls in this area (?) is going to collect into the storm system, and they will route the storm system into the pond.  He noted the orange area, 0.6 acres, which is basically the rear yard of your house, and that’s going to be grassland, and all of that is going out into Dale now.

 

Mr. Gore asked what kind of guarantee could be given that this plan will work?   Mr. Morrisey responded, “By all means, my job.  If we design this, the EPA is going to back check us, the City Engineer, basically there is a protocol that we’ll have to go through.” 

 

Mr. Gore said that the City Engineer should have checked the gentleman’s property (meaning Mr. Lewis who spoke earlier).  Mr. Morrisey said it’s not our position to come in here and build something half till.  Mr. Gore told Mr. Morrisey that is doesn’t matter who made the decision, right here is where all the concerns and complaining comes, so Council has to do their due diligence to find out exactly what the future holds. 

 

Mr. Schulze, Legal Counsel for the project, said that if you get an opportunity to talk to some of the planning and zoning folks, they really put a lot of time in this, and even though it’s just in the zoning stage, they also are concerned and want to move to the subdivision stage so that we don’t get it zoned,then have problems getting the subdivision approval. 

 

Mr. Alan Seymour stated this amount of detail has not come to Planning Commission yet as a subdivision.  As far as the water details go, that will be discussed when the plat comes to them for review.  Neighbors will be present.  The Commission will look to Mr. Roush to be sure they have dealt with all the water issues and the way it flows.  They want to make sure it goes in the proper direction with the proper guidance and control. 

 

Mr. Gore stated with the process in place now, if Council approves this rezoning tonight, Council will never see it again.  Mr. Seymour responded that the rezoning would define the lot locations where it shows R-1 on one side and R-2 on the other side.  That’s the subdivision layout that will come to Planning Commission.  All the water details will come to them at the same time so it all works together. 

 

Mr. Coffee stated the drainage was mentioned at the very beginning so they’ve been very aware in working through this to work out the details, and also the drainage plans that have gone to the City Engineer at this point have all included this property, which is why we have an oversizing, and he knows the retention basin is 2/3 to 1/3. 

 

Ms. Sellers said the last time she talked to Mr. Roush, he said that he was not comfortable with the plans for the water.  Mr. Coffee said Mr. Roush has not taken the opportunity to completely review this site in particular; it was too early in the process. 

 

Mr. Gore suggested tabling this for two weeks to give Mr. Roush a chance to look at the plans, even though it’s early in the process, and tell us he’s comfortable with it then vote in two weeks. 

 

Mr. Schulze stated the reason why it wouldn’t come back to Council is because it’s not Council’s job.  It is the City Planning and Zoning and Engineer’s responsibility.  Mr. Marshall stated that it will be our responsibility if this screws up big time.  People will be back in here complaining it’s on us.  This system needs to be updated a little.

 

Mayor Kruse said he could have Mr. Roush look at the plans, but from a longer range perspective, we’re going to have the City Engineer and the City staff dealing with issues on projects that may never become viable projects if we continue going along this path.  Without zoning, it can’t become a viable project.  Ms. Sellers feels it’s a legitimate concern, but thinks we have structural problems in our current system that we need to address.  Mayor Kruse said the code needs to be changed in order to address those problems.  The issue tonight is an issue whether this is a good use of the land.

 

Mr. Marshall asked what the densities are for R-1 and R-2.  Response was R-1, 11,000 sq.ft/lot and R-2, 9,200 sq. ft/lot.  Also, what was Planning Commission’s recommendation for this type of zoning for this area.

 

Mr. Cunningham stated that AR is still developable.  Planning Commission would never approve something that the City Engineer would not approve and say it’s a viable and beneficial thing for the City of Marysville. 

 

Mr. Burke asked if a performance bond was required on stormwater drainage systems.  Response was yes, a performance bond is required on all developments.

 

Mayor asked if the Comprehensive Development Plan was reviewed and if this plan was consistent with that plan.  Mr. Cunningham responded yes it was reviewed and is consistent.

 

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

 

Ms. Sellers  NO  Mr. Gore  NO  Mr. Burke  YES   Mr. Reams  YES  Mr. Pleasant  YES  Mr. Marshall  YES

 

Ordinance 17-06 passed.

 

The ordinance “TO AMEND CHAPTER 1129, ADMINISTRATION, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Mr. Burke 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

 

Ordinance 18-06 passed.

 

The ordinance “TO AMEND CHAPTER 1136, ARCHITECTURAL REVIEW DISTRICT, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  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. Gore  YES

 

Ordinance 19-06 passed.

 

The ordinance “TO AMEND CHAPTER 1140, LANDSCAPE REQUIREMENTS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  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. Gore  YES  Mr. Burke  YES

 

Ordinance 20-06 passed.

 

The ordinance “TO AMEND CHAPTER 1144, DESIGN REVIEW, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Mr. Marshall moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 21-06 passed.

 

The ordinance “TO AMEND CHAPTER 1100, SUBDIVISION AND ZONING FEES, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Mr. Marshall moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 22-06 passed.

 

The ordinance “TO AMEND CHAPTER 1105, SUBDIVISION APPROVAL PROCEDURE, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Mr. Marshall moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 23-06 passed.

 

The ordinance “TO APPROVE THE FINAL DEVELOPMENT PLAN FOR THE GALBURY MEADOWS PLANNED UNIT DEVELOPMENT” was presented for third reading, public hearing.  Mr. Vic Steinfels, representative for Galbury Meadows, displayed a rendering.  Galbury Meadows is located at the junction of 736 and 38.  Plans are for 76  - 20,000 sq. ft. estate lots.  Key to this plan is the developer has redesigned the road to make it safe coming on to Rt. 38 from Boerger Road.  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

 

Ordinance 24-06 passed.

 

“AN 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 third reading, title only.  Mr. Marshall 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. Gore  YES

 

Ordinance 25-06 passed.

 

The ordinance “TO REPEAL CHAPTER 133, SHADE TREE COMMISSION, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE” 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. Gore  YES  Mr. Burke  YES

 

Ordinance 26-06 passed.

 

“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 third reading, title only.  Mr. Pleasant moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 27-06 passed.

 

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 second reading, public hearing. Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “CREATING THE POSITION OF ASSISTANT CITY ENGINEER AND ESTABLISHING THE SALARY RANGE” was presented for second reading, public hearing.  Motion was made to waive reading in full; affirmative voice vote was unanimous.

 

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 second reading, public hearing.  Motion was made to waive reading in full; affirmative voice vote was unanimous.  Mr. Reams asked about the history of this land.  Mr. Cunningham explained that it happened when these four lots were laid out; they ended up a portion of it being zoned as the HMD District and part was B-1.  Making it all B-1 allows both for a unified zoning area and also allows for the types of uses the hospital would have in mind for this property.  There are a couple of buildings on this lot, but they are allowable in either zone.  It’s really more clean-up than anything else. 

 

The ordinance “TO APPROPRIATE $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 second reading, public hearing.  Motion was made to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “TO AMEND SECTION 925.01, SEWER RENTAL RATES, AND SECTION 925.02, NEW SEWER TAP CONNECTIONS, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for first reading, title only.  Mayor Kruse explained this legislation bring fees for the areas that were brought into the City under the Sewer Agreement with the County into compliance with fees inside the City.

 

The ordinance “TO AMEND SECTION 925.02(a), NEW SEWER TAP CONNECTIONS, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for first reading, title only.  Mr. Burke explained that this legislation coincides with the previous second reading of 931.06 amendment on multi-family dwellings.  This will bring the sewer taps to .7 meter equivalents, same as the water tap rates.

 

The ordinance “TO AMEND SECTION 931.06, SYSTEM CAPACITY CHARGES, INSPECTION CHARGES AND OTHER FEES, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for first reading, title only.  Mayor Kruse explained this legislation is a result of the Sewer Agreement and will bring rates in areas outside the city limits in compliance with rates inside the City.

 

The ordinance “TO APPROPRIATE $223,807 FROM UNAPPROPRIATED STREET FUNDS FOR STREET PAVING, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THIS EXPENDITURE" was presented for first reading, title only.  Mr. Morehart explained that the City already identified $141,000 of unused dollars for the 2006 paving project.  City potentially has $80,000 to add to this number.  This appropriation takes it from the previous year’s budgets through purchase orders and moves it into 2006 budget so it can be tracked more efficiently.  Chemcote was awarded the contract and will begin paving late July or August.  Mr. Gore asked if there was a concern with them starting so late that they may not finish the project this summer.  Administration has no concern.  There is a completion date in their contract.

 

The ordinance “AUTHORIZING APPROPRIATION TRANSFERS AND MODIFYING THE ANNUAL BUDGET IN ACCORDANCE WITH THE APPROPRIATION TRANSFERS” was presented for first reading, title only.  This legislation identifies a shortage.  Work on the streets preparing them for ODOT paving has used the money in the budget.  City wants all prep work done before ODOT begins paving. 

 

The ordinance “TO AMEND CHAPTER 127, FIRE DIVISION, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for first reading, title only.  Fire Chief Johnson explained Section 127.03 deletes a section regarding a separate contract with Honda facilities, which they haven’t had for quite some time.  Section 127.04 changes the language from fire investigator to investigators.  The City has three fire investigators.  This amendment changes singular to plural.  Mr. Reams will sponsor.

 

The ordinance “TO AMEND CHAPTER 110, FACILITY COSTS AND CITY FEES, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for first reading, title only.  Fire Chief Johnson explained this legislation brings the EMS fees to a flat rate billing fee structure from a tiered structure.  It takes the ALS level and sets it at $450 plus a loaded mile.  Mrs. Gruenbaum stated Jerome Township does not charge anything.  What happens if you are on reciprocal calls?   Chief Johnson said the City would not bill.  Mr. Marshall will sponsor.

 

The ordinance “TO AMEND PART FIFTEEN, CHAPTER 1501, BOCA BASIC FIRE PREVENTION CODE, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for first reading, title only.  Fire Chief Johnson explained that in September, the State passed a new fire code based on the International Fire Code.  Current ordinances base the City of Marysville Fire Codes under the BOCA Code.  This is the first time that the Building Dept. has a companion code with the fire service. This allows the City Fire Department to enforce this a the local level.  Mr. Reams will sponsor.

 

The ordinance “TO AMEND PART FIFTEEN, CHAPTER 1503, FIRE HYDRANTS, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for first reading, title only.  Change language from Fire Prevention Code to Ohio Fire Code.  Mr. Marshall will sponsor.

 

COMMENTS OF COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative  - The June meeting has been changed from the regularly scheduled date of June 20th to June 13th.

 

Mr. Reams reported that the Rt. 33 Corridor Large Group will meet on Wednesday, May 31, 2006 at 7:00 p.m.  He encouraged everyone to attend.  The main topic of discussion at the meeting is the development of accords.

 

Mr. Gore asked if the traffic study had been started.  Administration said the contract has been signed and they should start any time.  The study will take a couple of months.  Mr. Fogt received a couple of letters this week.  Once he gets back in town, he’ll schedule a committee meeting which will be advertised.

 

Mr. Cunningham requested that Planning Commission be kept in the loop when meetings are held regarding the Comprehensive Plan.

 

Mayor Kruse stated it is imperative that Council attends the Rt. 33 Corridor meeting if at all possible.  This agreement will give a clear vision of how that area will develop.

 

Mr. Rowland Seymour thanked Council for supporting the kiosk for the Veteran’s Service Memorial and distributed information on the kiosk. 

 

Mr. Gore participated in the Marysville Historic Walk on Saturday.  There were around 30/40 participants.  He thought it was enjoyable.

 

Mrs. Gruenbaum reminded everyone of the Memorial Day events.  9:00 a.m. Bridge Service, 9:30 parade begins at the Victory Center and ceremony follows at the cemetery.

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 8:30 p.m.