CITY COUNCIL MINUTES

 

JUNE 22, 2006

 

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

 

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

 

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

 

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

 

CITIZENS PRESENT:  John Cunningham, Eric Phillips

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on June 8, 2006 were approved as written.

 

ADMINISTRATIVE REPORT:  Mayor Kruse noted due to the bridge replacement on Rt. 4 there is a significant increase in traffic downtown.  The detour is Rt. 161 to Rt. 38 through downtown.  This project is expected to take 90 days.  He would have preferred Rt. 161 to Rt. 42 at Plain City to Rt. 33.  He was not able to get it changed.  He expressed concern with the detour route during Honda Homecoming and during the urban paving project.  He will have to route all the truck traffic through residential neighborhoods for those two events.  He is trying to get other accommodations for at least those periods. 

 

July 8th is Day in the Park at Legion Park. 

 

The bid openings on the wastewater treatment plant will be held on July 12th.  It was pushed back two weeks because there are a number of big state jobs out there that potential bidders are working on and several of them said they would not be able to get bids to us by the original date.  City wants as many bidders as possible. 

 

City is in the processing of hiring a Planning Director as well as an Assistant City Engineer.  

 

Mayor Kruse appointed John Cunningham, Ken Kraus and Alan Seymour to the newly created Design Review Board. 

 

Mr. Pleasant stated the City is looking for volunteers to cook hot dogs, serve ice cream, etc. at the Day in the Park.   Hours are 12:00 noon to 4:00 p.m.

 

REPORT OF CLERK OF COUNCIL:  A request was received from the Liquor Control Board for a D5 liquor permit transfer for Infinity Bar & Grill, 1180 Columbus Avenue to their new location at 1230 Columbus Avenue.  Police had no objections.  Council had no objections. 

 

Clerk Patterson followed up on a request from Council at the last meeting about the cost for putting an issue on the ballot.  The Board of Elections said it was hard to estimate the cost until they knew how many issues would be on the ballot and that would not be known until August 24th.  Costs are shared by the City, County, Townships and State.  They did say though that it’s probably more beneficial to have more issues on the ballot than less as far as costs are concerned. 

 

At the last Council meeting, it was decided to set up a Joint Planning Commission/City Council meeting to discuss drainage issues.  After reviewing everyone’s schedule, the three best dates were June 26, July 10 and July 11.  June 26th , 7:00 p.m. was set for this meeting.

 

REPORT OF PLANNING COMMISSION:  Mr. John Cunningham, Planning Commission Chairman, gave a report from their June 5th Planning Commission meeting.

·        The Final Plat for City Gate was discussed.  Due to a recusal, there were not enough members for a valid vote, so the plat was approved.  Mr. Cunningham noted there was a key issue with bonding being tied up, but Mr. Connolly did not want to table it.  The lack of bonding is tied to the discussions with Administration on the TIF.  Initial vote almost went against him because the pieces were not in place, but Mr. Connolly refused to table it, so the vote would have been invalid.  Mr. Cunningham said if he were in Mr. Connolly’s shoes, he would have preferred to have waited and gotten approval from Planning Commission. 

·        Discussed 7.7 acres on Rt. 4 which the Isaacs are developing.  Planning Commission is looking at rezoning that because the proximity in retrospect to their initial recommendation to make it all B-R and the closeness to Scott Farms. Planning Commission has identified a segment of that area that they will potentially be looking at to recommend to be zoned residential to ensure houses are developed in that area, and the rest being zoned with the Business Residential.  Mr. Reams asked if that would be necessary if developed as a PUD.  Mr. Cunningham said no, but the developer is not going in that direction.  Rezoning it to residential would guarantee it would be residential in case developer should pull out.

·        Approved Scott Farms, Section 5, which is the road development that was recently annexed into the City next to the school.  They have worked very closely, not only with M/I Homes but also the schools, to make sure everyone was happy with the way it was platted.  Developer made a lot of concessions to the school to make sure that they had buffered it appropriately and treated the street as was appropriate.  Mr. Zimmerman was appreciative of the way they worked with him.  It will be a relief on traffic on County Home Road. 

·        Several zoning issues were recommended and are on Council agenda this evening.  Will be discussed at that time.

·        Since there were no Design Review applications, Planning Commission took the opportunity to meet that night to discuss projects on their “TO DO” list. 

o       Worked on cleaning up language in the code as a result of the new Design Review Code, i.e. removing references to Architectural Review Board, Shade Tree Commission, etc.

o       Worked on PODS (Portable On Demand Storage) sitting in peoples’ driveways for too long.  May even look to consider timeframe for large dumpsters sitting on people’s property. 

o       Commercial signage.  Looked at the code and realized the language in the signs chapter is ancient, considering how Marysville is growing commercially. 

o       Will continue to work on code for mobile homes, which are now considered manufactured homes.

 

Mayor Kruse clarified an issue as reported in the Journal Tribune about the City Gate issue.  There are no differences between the City and Mr. Connolly with regard to his project.  The issue that Mr. Cunningham referred to is simply when Coleman’s Crossing was done and the TIF was enacted, Mr. Connolly’s property was included in that TIF.  What has happened is the language in the TIF Agreement at this point says that no more money can be borrowed on that TIF until certain conditions are met with the existing project.  City is working with Mr. Connolly to try and find a way to resolve the issue so that he can have the benefits of being part of the TIF. 

 

Mr. Gore recommended Scot Draughn for a position on the Design Review Board.  Mr. Draughn served on the Architectural Review Board.

 

Mr. Marshall moved to confirm the appointments of John Cunningham, Ken Kraus, Alan Seymour and Scot Draughn to the Design Review Board, affirmative voice vote was unanimous. 

 

The remaining three members will be appointed at the next meeting.

 

HEARING OF CITIZENS:  No comments.

 

RESOLUTIONS

 

“RESOLUTION AUTHORIZING THE MAYOR TO COOPERATE WITH AND ALLOW THE OHIO DEPARTMENT OF TRANSPORTATION TO PERFORM SLOPE REPAIRS ALONG US33 AND DECLARING AN EMERGENCY” was presented for third reading, title only.  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 16-06 passed.

 

“A RESOLUTION AUTHORIZING THE MAYOR TO FILE AN APPLICATION TO THE STATE OF OHIO, DEPARTMENT OF DEVELOPMENT, TO SUPPORT AN APPLICATION FOR ASSISTANCE UNDER THE OHIO JOB READY SITES PROGRAM” was presented for second reading, public hearing.  Mr. Reams moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Eric Phillips asked Council to consider amending this legislation by adding an emergency clause.  The application is due on July 19, 2006.  Mr. Burke moved to accept the amendment 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

 

Legislation returned to 2nd reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

Mr. Marshall 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

 

Emergency passed.

 

Ms. Sellers moved to waive third reading, title only 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. Pleasant moved to pass the legislation and the question put, stood:

 

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

 

Resolution 17-06 passed.

 

ORDINANCES

The ordinance “TO REZONE PARCELS 1010716003000, 101071600301, 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 third reading, public hearing.  Mr. Marshall moved to pass 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

 

Ordinance 32-06 passed.

 

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 third reading, title only.  Mr. Marshall 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 33-06 passed.

 

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 third reading, title only.  Mr. Pleasant 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

 

Ordinance 34-06 passed.

 

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

 

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

 

Ordinance 35-06 passed.

 

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 third reading, title only.  Mr. Reams 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 36-06 passed.

 

The ordinance “TO AMEND CHAPTER 127, FIRE DIVISION, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for third reading, title only.  Mr. Marshall 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 37-06 passed.

 

The ordinance “TO AMEND CHAPTER 110, FACILITY COSTS AND CITY FEES, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for third reading, title only.  Mr. Marshall moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 38-06 passed.

 

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 third reading, title only.  Mr. Pleasant 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

 

Ordinance 39-06 passed.

 

The ordinance “TO AMEND PART FIFTEEN, CHAPTER 1503, FIRE HYDRANTS, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO” was presented for third reading, title only.  Mr. Burke 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 40-06 passed.

 

The ordinance “TO SUBMIT TO THE ELECTORS OF THE CITY OF MARYSVILLE AN AMENDMENT TO ARTICLE IX, DIVISIONS AND COMMISSIONS, OF THE CHARTER FOR THE MUNICIPALITY OF MARYSVILLE, OHIO” was presented for second reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Gore asked Councils’ thoughts on going forward with only one ballot issue or wait until the Charter is thoroughly reviewed when there could possibly be more issues.  Mr. Burke, sponsor of this legislation, is fine with delaying this legislation until the Charter is reviewed in detail.  The City can continue to function without this legislation as it’s more clerical in nature.  Mr. Burke added that if this issue is not on the ballot this November, we’d be looking at next May.  If during that timeframe the City should enter into a JED or CEDA with a township, the way our current language reads, the Mayor would be encumbered on a fire or police issue because the Charter would not allow him to do that because of the permanent nature of those divisions.  Whereas, with this document in place, he could have a department within the Police or Fire Division that would allow him to enter into a joint fire district.  According to the current Charter, he would not be able to do that. 

 

Mayor Kruse stated the City has been talking about looking at a number of different ways of providing services.  We have to look at the possibility of fire districts and look at possibly doing police somewhat different than today.  As the language reads now, the Fire Division is a permanent division, and in the event the City would like to cooperate with some of the other government entities on a fire district in Union County, there is some question as to whether we could do that, because we’re mandated by Charter to have a permanent division.  Could we theoretically contract the service to the fire district – possibly,  The intent of the permanent division was to ensure that we continue providing that service by the City of Marysville.  He believes it would be open to challenge if we did something, such as try to enter into a fire district by contract, as opposed to giving up the Division of Fire in the City of Marysville and the City by vote of the people to enter that Fire District.

 

Mr. Aslaner agreed with the Mayor, but he does not understand how this particular amendment to 9.01 corrects the problem.  Section 9.01 does not necessarily allow the City to create a joint fire district. 

 

Mr. Burke stated you could still have a permanent Division of Fire.  Under that Division you could have a department that could serve in the capacity to which the Mayor is speaking and still maintain a permanent division. 

 

Mr. Aslaner feels a department is a broader category.  Mr. Aslaner will research.  He clarified the specific issue, does our current Charter preclude the City from being able to enter into a joint type district and whether this amendment to 9.01 solves the issue which would allow the City to bypass the current divisions in 9.02 to enter into a joint district.  He does not think it does.   If we want to amend the Charter so the Mayor and City has the ability to enter into a joint fire district, this is not the answer. 

 

Mr. Gore is looking at the issue of what’s more cost effective.  You get more for your money with multiple issues, but there is no assurance that once the Charter is reviewed that there will be multiple issues.  He also noted the urgency of the issue has to be considered.

 

Mr. Reams would like to address both issues at one time. One, the issue of trying to clean up how the city manages its day-to-day business and two, how do we also craft this to go forward in the future and address some new innovative joint, cooperative agreements with other entities. 

 

Mayor Kruse feels you shouldn’t put anything in the Charter that isn’t necessary, but give the authority for Council to be able to take the actions necessary so that you can respond to issues in a timelier basis.  When it gets in the Charter, it’s very difficult to be responsive with any changes.  A framework that allows Council to make some of these decisions is a much better approach. 

 

Ms. Sellers agreed with Mr. Gore about the economics.  It doesn’t make sense to send this out for vote with a single item on the ballot.  She does not think this affects the City’s ability to enter into a JED or CEDA.  Preliminary analysis is that this doesn’t have anything to do with the creation of a joint district. 

 

Need to answer the question whether we have to eliminate the Division of Fire if we enter into a joint district.

 

Mr. Gore stated he would feel much more comfortable going to the voters with something that has definite impact on the future than just basically cleaning up some language. 

 

Mr. Gore gave Mr. Aslaner two weeks to research and report back at the next Council meeting.  He will see what sort of amendment is needed to give the city discretion to enter into a joint agreement with other entities. 

 

Mr. Burke clarified that the primary focus is that some of the operations that the City does by department don’t exist.  The Charter doesn’t recognize them.  This will clean it up so the Charter better reflects a current model that the City and most divisions or departments utilize in their daily activity. The Fire District is just an example.

 

Mr. Burke proposed the following amendment:  Section 9.01 – First sentence to read:  Except for the Permanent Departments of Administration, Finance and Law and except for the Permanent Divisions of Police and Fire, (as stipulated in Section 9.02) Council may……

 

This would eliminate the linking of this section to another section should section numbers change. 

 

Mr. Burke moved to accept the amendment 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.

 

Return to 2nd reading, public hearing.

 

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

 

It will be decided at the July 13th Council meeting whether or not to go forward with this legislation.

 

The ordinance “TO APPROPRIATE $88,360 FROM UNAPPROPRIATED GENERAL FUNDS FOR THE PURCHASE OF SOFTWARE UPGRADES TO THE EXISTING FINANCIAL SYSTEM, CHECK SIGNING SOFTWARE AND HARDWARE, NETWORK STORAGE UPGRADE, THE PURCHASE OF POLICE SPEED MONITORING RADAR EQUIPMENT AND MOBILE POLICE RADAR UNITS, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THESE EXPENDITURES” was presented for first reading, title only.  Mr. Morehart explained this legislation represents the items discussed at Finance Committee meeting.  These items were original requests from the departments at budget time, but it was felt we couldn’t afford to fund them at that time, so they were cut.  Because of the ½% credit and some additional revenue increases as far as taxes and reductions in anticipated expenses in some areas, City is able to purchase these items.  Finance Committee supported funding these expenditures.  

 

Mayor Kruse clarified an article in the Journal Tribune that stated the City fell into a windfall of money.  He explained that the money came from a little bit of luck.  Our income tax collections were up.  Part of it came as a result of eliminating the ½% credit in the income tax.  A good deal of it came from excellent management from division and department heads and their efforts to save money.  When the budget was put together, we didn’t have a full accounting as to what our surplus was, so it was a combination of those things.  Once the accounting was in, Administration looked at the items that were cut from the budget to make the budget balance and went through them on a priority basis, and we’re using that money to fund those things.  City has no assurance whatsoever that this same kind of surplus will be available again next year.  The City by no means has a windfall of money or is extraordinarily flush.  It is solvent; it is functioning well. 

 

Ms. Sellers stated there has been a lot of discussion recently about the 5th Street railroad crossing.  She expressed concern that money should be appropriated for that.  Mr. Gore stated $6,800 is appropriated in the next piece of legislation. 

 

Mr. Burke commented that the City Administrator and Finance Director spend two hours a week signing checks, and the City Administrator spends even more time signing purchase orders.  This equipment will send information in electronic format so people can better spend their time running the City instead of signing their signatures to paper documents.  This would also allow a department head to see what’s remaining in their budget.  The process now when a department head wants to see what’s remaining in their budget for the year, Mr. Morehart must print a document of that budget, expenditures and purchase orders up to that time period to determine what remains, which is a complete waste of time. 

 

The ordinance “TO APPROPRIATE $444,800 FROM UNAPPROPRIATED GENERAL FUNDS, AUTHORIZING THE TRANSFER OF $444,800 FROM THE GENERAL FUND TO THE STREET MAINTENANCE AND REPAIR FUND, AUTHORIZING ADDITIONAL APPROPRIATIONS OF $444,800 IN THE STREET MAINTENANCE AND REPAIR FUND FOR THE CONSTRUCTION OF A SALT BARN, PAVING OF CITY PARKING LOTS AND CONCRETE PANEL INSTALLATIONS FOR RAILROAD CROSSINGS, AND MODIFYING THE ANNUAL OPERATING BUDGET AS A RESULT OF THESE ACTIONS” was presented for first reading, title only.  Mr. Gore stated this was discussed in Finance Committee.  The salt barn is in very poor shape and is a priority for replacement. 

 

Ms. Sellers asked for an explanation of what’s going to be done for the 5th Street railroad crossing, as well as for each item.  Mr. Fogt commented on this item because it was discussed at the Public Services Committee meeting.  Mr. Fogt received applications for the repairs and forwarded them on to Ms. House to process.  City is applying for available funding for the crossing gates and lights.  City is waiting on the results of the traffic study, then a decision will be made from there.  CSX is going to replace some rails, ties and asphalt along the majority of the crossings in town.  This money funds a concrete base for the asphalt to go on top to strengthen the surface. 

 

Mr. Reams asked about if the County still had their old salt barn.  The Mayor didn’t think so.  Mr. Reams said several years ago, the County had offered the City that salt barn.   Mr. Reams thought we ought to consider the County salt barn for the foundation.  Mr. Fogt stated that was falling down.

 

The ordinance ”TO REZONE THE NORTHWOODS SUBDIVISION FROM O-R, OFFICE RESIDENTIAL TO R-2, MEDIUM DENSITY SINGLE FAMILY ZONING DISTRICT” was presented for first reading, title only.   Mr. John Cunningham stated this is currently residential area and they want to make sure it stays residential.  The way it’s zoned now, anyone could come in, knock down some of those houses and put in a business with signage in the middle of this neighborhood.  This will correct the zoning around the current usage.  Mr. Reams commented that he agreed with this zoning and hopes that we learn as we go forward in terms of future B-R and O-R zonings.  A Public Hearing was scheduled for August 10, 2006 at 7:00 p.m.

 

The ordinance “TO REZONE THE SOUTHWEST PORTION OF PARCEL NUMBER 290019062000, LOCATED ALONG MILL ROAD, FROM O-R, OFFICE RESIDENTIAL TO B-R, BUSINESS RESIDENTIAL ZONING DISTRICT” was presented for first reading, title only.  Mr. Cunningham commented this parcel is on the other side of the road, which Planning Commission believes the better usage to be B-R as opposed to O-R, because of its proximity to the residential usage.  A Public Hearing was scheduled for August 10, 2006 at 7:00 p.m.

 

The ordinance “TO REZONE THE 87.692 ACRES LOCATED ON BOERGER/

SOUTHARD ROAD, FROM TOWNSHIP ZONING TO A-R, AGRICULTURAL RESIDENTIAL ZONING DISTRICT” was presented for first reading, title only.  Mr. Cunningham explained this will clean up recently annexed land.  Want to make sure this is brought under City zoning, and A-R is standard operating procedure to bring something in and look at the usage in the area and make a determination in the future.  Mr. Dennis Schulze represents the property owners, and they are looking at a PUD.  A Public Hearing was scheduled for August 10, 2006 at 7:00 p.m.

 

The ordinance “TO AMEND CHAPTER 1100, SUBDIVISION AND ZONING FEES, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading, title only.  Mr. Cunningham explained this legislation was recommended by City Engineer Roush and is clean-up in zoning fees.  Other changes are being made in terms of fee structure, and this recommendation was made to make sure there was an equitable fee structure in place.  There is a one-acre minimum on the types of inspection that needs to be done and that’s because anything smaller than that would be charged as a residential use.  A Public Hearing is scheduled for August 10, 2006 at 7:00 p.m.

 

“AN ORDINANCE APPROPRIATING A 0.0991 ACRE, MORE OR LESS, PERMANENT UTILITY EASEMENT IN PROPERTY LOCATED IN THE CITY OF MARYSVILLE, UNION COUNTY, OHIO FOR THE TRUNK INTERCEPTOR PROJECT FROM EXISTING WWTF TO MWRF AND DECLARING AN EMERGENCY” was presented for first reading, title only.  Mr. Aslaner stated the next eight ordinances represent ordinances to appropriate easements on eight separate parcels.  He asked Council’s consideration to waive third reading.  The resolution of necessity was done a few meetings ago and went out by statute as notice to all property owners, and this is the next step.  He also asked for an emergency on all this legislation.

 

Mr. Fogt moved to pass the emergency 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

 

Emergency passed.

 

Mr. Fogt 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.

 

“AN ORDINANCE APPROPRIATING A 0.868+ ACRE, PERMANENT UTILITY EASEMENT AND A 3.071+ ACRE TEMPORARY CONSTRUCTION EASEMENT IN PROPERTY LOCATED IN THE CITY OF MARYSVILLE, UNION COUNTY, OHIO FOR THE TRUNK INTERCEPTOR PROJECT FROM EXISTING WWTF TO MWRF AND DECLARING AN EMERGENCY” was presented for first reading, title only.  Mr. Marshall moved to pass the emergency 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

 

Emergency passed.

 

Mr. Burke 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.

 

“AN ORDINANCE APPROPRIATING A 0.949+ ACRE, PERMANENT UTILITY EASEMENT AND A 3.394+ ACRE TEMPORARY CONSTRUCTION EASEMENT IN PROPERTY LOCATED IN THE CITY OF MARYSVILLE, UNION COUNTY, OHIO FOR THE TRUNK INTERCEPTOR PROJECT FROM EXISTING WWTF TO MWRF AND DECLARING AN EMERGENCY” was presented for first reading, title only.   Mr. Marshall moved to pass the emergency and the question put, stood:

 

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

 

Emergency passed.

 

Mr. Marshall moved to waive third reading, title only 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.

 

“AN ORDINANCE APPROPRIATING A 0.135+ ACRE, PERMANENT UTILITY EASEMENT, A 0.037+ ACRE TEMPORARY CONSTRUCTION EASEMENT AND A 0.315+ ACRE PERMANENT SUBTERRANEAN EASEMENT IN PROPERTY LOCATED IN THE CITY OF MARYSVILLE, UNION COUNTY, OHIO FOR THE TRUNK INTERCEPTOR PROJECT FROM EXISTING WWTF TO MWRF AND DECLARING AN EMERGENCY” was presented for first reading, title only.  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  Mr. Fogt  YES

 

Emergency passed.

 

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

 

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

 

Motion passed.

 

“AN ORDINANCE APPROPRIATING A 0.708+ ACRE, PERMANENT UTILITY EASEMENT AND A 1.772+ ACRE TEMPORARY CONSTRUCTION EASEMENT IN PROPERTY LOCATED IN THE CITY OF MARYSVILLE, UNION COUNTY, OHIO FOR THE TRUNK INTERCEPTOR PROJECT FROM EXISTING WWTF TO MWRF AND DECLARING AN EMERGENCY” was presented for first reading, title only.  Mr. Marshall 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

 

Emergency passed.

 

Mr. Marshall moved to waive third reading, title only 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.

 

“AN ORDINANCE APPROPRIATING A 0.019+ ACRE, PERMANENT UTILITY EASEMENT IN PROPERTY LOCATED IN THE CITY OF MARYSVILLE, UNION COUNTY, OHIO FOR THE TRUNK INTERCEPTOR PROJECT FROM EXISTING WWTF TO MWRF AND DECLARING AN EMERGENCY” was presented for first reading, title only.  Mr. Fogt moved to pass the emergency 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

 

Emergency passed.

 

Mr. Fogt 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.

 

“AN ORDINANCE APPROPRIATING A 0.025+ ACRE, PERMANENT UTILITY EASEMENT AND A 0.418+ ACRE TEMPORARY CONSTRUCTION EASEMENT IN PROPERTY LOCATED IN THE CITY OF MARYSVILLE, UNION COUNTY, OHIO FOR THE TRUNK INTERCEPTOR PROJECT FROM EXISTING WWTF TO MWRF AND DECLARING AN EMERGENCY” was presented for first reading, title only.  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  Mr. Fogt  YES

 

Emergency passed.

 

Mr. Fogt moved to waive third reading, title only 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.

 

“AN ORDINANCE APPROPRIATING A 0.091+ ACRE, PERMANENT UTILITY EASEMENT IN PROPERTY LOCATED IN THE CITY OF MARYSVILLE, UNION COUNTY, OHIO FOR THE TRUNK INTERCEPTOR PROJECT FROM EXISTING WWTF TO MWRF AND DECLARING AN EMERGENCY” was presented for first reading, title only.  Mr. Burke moved to pass the emergency 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

 

Emergency passed.

 

Mr. Burke 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.

 

The ordinance “AUTHORIZING THE ISSUANCE OF TAX INCREMENT FINANCING REVENUE NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS IN THE AMOUNT OF NOT TO EXCEED $7,230,000 FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS; AUTHORIZING THE EXECUTION OF A NOTE PURCHASE AGREEMENT IN CONNECTION WITH THE SALE OF SAID NOTES; APPROVING THE FORM OF OFFICIAL STATEMENT RELATING TO THE NOTES, AND RETIRING NOTES PREVIOUSLY ISSUED FOR SUCH PURPOSE” was presented for first reading, title only. Mr. Matt Stout of Bricker and Eckler explained that this legislation is in connection with the Coleman’s Crossing TIF.  This note was originally issued back in 2004.  It was refunded last year.  Note came due and was paid off with another note.  This is the second renewal.  The amount represents the principal amount from last year plus capitalized interest on the note that is coming due.  This is not a general obligation note of the City.  This note is secured by future TIF revenues from that project, as well as letter of credit that is currently in place by the developer, Marysville Land Development.  The City is not on the hook for this debt; they are merely issuing it and will ultimately be paid off with TIF revenues.  In the event the TIF revenues aren’t enough down the road, then the letter of credit is in place where the developer would have to step in. 

 

The ordinance “AMENDING ORDINANCE NO. 25-06 PASSED MAY 11, 2006 AUTHORIZING THE ISSUANCE OF WASTEWATER TREATMENT SYSTEM REVENUE BONDS, SERIES 2006 OF THE CITY OF MARYSVILLE, OHIO IN THE AMOUNT OF NOT TO EXEED $75,000,000 TO INCREASE THE AUTHORIZED AMOUNT OF SUCH BONDS NOT TO EXCEED $95,000,000 AND TO AUTHORIZE A CERTAIN PORTION OF THE PROCEEDS OF SUCH BONDS TO BE USED FOR THE PURPOSE OF PAYING ADDITIONAL COSTS ASSOCIATED WITH THE ACQUISITION, CONSTRUCTION, EXPANSION, REHABILITATION AND IMPROVEMENT OF THE CITY’S MUNICIPAL WASTEWATER COLLECTION AND TREATMENT SYSTEM; AND DECLARING AN EMERGENCY” was presented for first reading, title only.  Mr. Matt Stout explained this is an amending ordinance.  Reason for amending the ordinance is the ordinance that was passed six weeks ago was to issue bonds in the amount of not to exceed $75,000,000.  The purpose of those bonds were twofold; one was to refund the notes that were issued in December in the amount of $55,000,000 which were part of the whole financing plan of $110,000,000 that the City will be issuing to pay for the new wastewater treatment plant and system.  They are also refunding a bond issue that was issued last August, which was paying off several note issues that had been refunded over a several year period.  The $55,000,000 that was issued in December was originally anticipated being used to purchase and to construct the trunk sewer.  The schedule has changed on the wastewater treatment plant. Since that $55,000,000 was issued for the first time, about $3,000,000 has been spent of that $55,000,000 for land purchases and various other equipment and various things connected with the new wastewater treatment plant.  We are now looking at rather than using that money for the trunk sewer line, using it instead to award the bid for the wastewater treatment plant.  Early estimates on that plant to cost $60/$67,000,000.  City has $52,000,000 “available” to award the contract on that plant.  The bids for that plant open on July 12th.  There is a 60 day window to award those bids.  Unfortunately under Ohio law, to award the contract, you have to have the amount of the contract either in the treasury or in the process of collection.  In order to do this, this ordinance has been amended to up the amount of the bonds of not to exceed $95,000,000.  That amount will allow for that money to be in the process of collection.  The other part of the amendment has to do with when the ordinance was passed in May; it made reference only to two refunding issues, refunding the $55,000,000 in notes and the bond issue that was done in August.  It did not make reference to providing new money to pay for the wastewater treatment plant.  An emergency is being requested because the bids have to be awarded in 60 days.  Three readings and 30 days takes us into September.  If the bonds can be sold in August, we can meet that window of getting the bids awarded in 60 days.  The bonds will be sold in August.  The City won’t actually have the funds until September.  Ohio Law provides that once the bonds are sold and the Finance Director signs the bond purchase agreement with the investment banker, technically those monies are in the process of collection and at that point in time, which will be mid August assuming the bids are all in, the City can award the contract to the successful bidder and the project can move forward.  This will not affect the rate increases.  The rate increases are in place for the plan of finance that has been contemplated since last summer.  This does not change the wastewater treatment plant financing and the structure and things to be built.   Originally there was discussion that $55,000,000 would be issued of new money in December, which was done with the notes, and thought another $55,000,000 would need to be issued on June 1 of this year.  Delays in the project, etc. have pushed that back.  The plan of finance is being changed at this point in time.

 

Mr. Burke added that the City was pushing for 8 million gallons on this addition.  If we started at 6, we would end up designing this plant all over again as soon the concrete hardened.  Eight million gallon is believed to last us approximately seven years of usage before we have to add on to that plant.  This current structure of rate increase would not occur hopefully the next go ‘round, because we’d be able to collect additional taps and additional revenues for new users so that the plant would be in that pay-for-growth mode.  He fears if we don’t go to an 8MG plant and had to be satisfied with 6, that we’d be in a catch 22 where our revenues and taps would not have caught up with this additional expansion.  These additional years are money in the bank.  We’re better off building what we can afford with every dollar we have currently so that those future expansions are truly growth paying for growth.  By reshuffling these funds, that allows that to occur.  He fully supports this legislation.  It’s a good use of taxpayer dollars. 

 

Mr. Burke moved to pass the emergency 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

 

Emergency passed.

 

COMMENTS OF COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative – Mr. Marshall reported that a meeting was held on Tuesday, June 13th.  South Park was discussed at length.  Mr. Conley offered to pay for fixing the tile, which Mr. Marshall disagrees with until he gets more information.  He said it would be silly to fix the tile when we don’t know what we’re going to do with that area yet.  The 5-year Parks Capital Plan was put in place.

 

Mr. Fogt reported on the Public Services Committee meeting. 

·                   Ms. Christine Hitchcock attended and presented good information and possibly we can make some headway on cleaning up Mill Creek. 

·                   Briefly discussed the E. 5th railroad crossing.  Will try to get the paperwork done soon and get an application for funding in the works.

·                   Mr. Reams has been talking with Mr. Wardell Wilcox regarding impact fees for streets.  Mr. Wilcox recommended waiting until school starts in the fall to get some traffic counts and go from there. 

 

Mr. Reams announced a Route 33 Corridor Executive Committee is scheduled for next Tuesday.

 

Mr. Burke reported on the Finance Committee meeting.

·        Additional appropriations for 2006 going through Council are the City’s most urgent needs.

·        Held initial discussion on commercial/industrial meter rates and the potential discounting of those rates to potential large employers.  It’s still very much in the discussion phase and not even near the legislation phase. 

 

Concert in the Park will be held this Sunday with Trombones Plus playing.

 

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