CITY COUNCIL MINUTES
JULY 13, 2006
The
meeting was called to order by President Gore at 7:00 p.m.
MEMBERS
PRESENT: Mr. Marshall, Ms. Sellers, Mr.
Fogt, Mr. Gore, Mr. Burke, Mr. Reams, Mr. Pleasant
OTHERS
PRESENT: Mayor Kruse, Director of
Finance Morehart, Law Director Aslaner, Clerk Patterson
REPORTERS
PRESENT: Ryan Horns – Journal Tribune,
Lois Gruenbaum – WUCO
CITIZENS
PRESENT: Ken Kraus, Pete Griffin, Bill
Kelley, Dennis Schulze
APPROVAL
OF MINUTES: There being no additions or
corrections, the minutes for the meeting on May 12/13, 2006 were approved as
written.
There
being no additions or corrections, the minutes for the meeting
on June 22, 2006 were approved as written.
ADMINISTRATIVE
REPORT: Mayor Kruse reported that the
Swim Meet/Invitational would be held this Saturday at the City Pool. This will create traffic and parking issues
in that area. Arrangements for
additional parking have been made with WECU, Connolly Construction and the
Catholic Church. He encouraged local
people to use these parking lots since they are more familiar with them and
save the other available parking for the visitors.
REPORT
OF CLERK OF COUNCIL: No report.
REPORT
OF ECONOMIC DEVELOPMENT DIRECTOR: Mr.
Eric Phillips reported that URT has raised over $5,000
in donations from the private sector to help offset some of the cost for 3rd
Fridays Uptown events and other activities.
Also URT applied for and received a $2,370 grant from the Ohio Arts
Council to assist with other activities.
URT continues to move forward and receive other funds to leverage those
funds the City put into the organization.
URT truly appreciates the City’s support.
The
Job Ready Sites grant application for the Metro Equity site is 85% complete.
The grant is due on July 19, 2006.
The
Chamber of Commerce, on behalf of the City, applied through Ohio Magazine for
Marysville to be named
HEARING
OF CITIZENS: No comments.
RESOLUTIONS
ORDINANCES
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,
Mr.
Marshall YES Ms. Sellers
YES Mr. Fogt YES
Mr. Gore YES Mr. Burke
YES Mr. Reams YES
Mr. Pleasant YES
Ordinance
41-06 passed.
The
ordinance “TO APPROPRIATE $88,360 FROM UNAPPROPRIATED GENERAL FUNDS FOR THE
PURCHASE OF SOFTWARE UPGRADES TO THE EXISTING FINANCIAL SYSTEMS, 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 second
reading, public hearing. Mr. Marshall
moved to waive reading in full; affirmative voice vote was unanimous.
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 second reading, public hearing.
Mr. Burke moved to waive reading in full; affirmative voice vote was
unanimous. Mr. Fogt commented that the
major expense in this is the salt barn.
It is in dire need of being replaced.
It will save the City quite a bit of money with salt and labor.
The
ordinance “TO REZONE THE NORTHWOODS SUBDIVISION FROM O-R, OFFICE RESIDENTIAL TO
R-2, MEDIUM DENSITY SINGLE FAMILY ZONING DISTRICT” was presented for second
reading, public hearing. Mr. Burke moved
to waive reading in full; affirmative voice vote was unanimous. Mr. Ken Kraus commented that this is an
existing neighborhood. This rezoning
will make it consistent with neighboring area and will also prevent someone
from coming in, tearing down houses and putting in an office building right in
the middle of the residential area. Public Hearing will be held August 10, 2006.
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 second reading, public
hearing. Mr. Fogt moved to waive reading
in full; affirmative voice vote was unanimous.
Mr. Kraus commented this is a portion of the Twigg property, the rest of
which is zoned B-R. This rezoning will
make it consistent with rest of area. Public Hearing will be held August 10, 2006.
The
ordinance “TO REZONE THE 87.692 ACRES LOCATED ON BOERGER/
The
ordinance “TO AMEND CHAPTER 1100, SUBDIVISION AND ZONING FEES, OF THE CITY OF
MARYSVILLE PLANNING AND ZONING CODE” was presented for second reading, public
hearing. Ms. Sellers moved to waive
reading in full; affirmative voice vote was unanimous. Public Hearing will be held August 10, 2006.
“AN
ORDINANCE APPROPRIATING A 0.0991 ACRE, MORE OR LESS,
PERMANENT UTILITY EASEMENT IN PROPERTY LOCATED IN THE CITY OF MARYSVILLE,
Ms.
Sellers YES Mr. Fogt
YES Mr. Gore YES
Mr. Burke YES Mr. Reams
YES Mr. Pleasant YES
Mr. Marshall YES
Ordinance
42-06 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 AND EMERGENCY” was presented for second
reading, public hearing. Mr. Marshall moved to waive reading in full;
affirmative voice vote was unanimous.
Mr. Reams 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
43-06 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 second
reading, public hearing. Mr. Fogt moved
to waive reading in full; affirmative voice vote was unanimous. 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
Ordinance
44-06 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 second reading, public
hearing. Mr. Fogt moved to waive reading
in full; affirmative voice vote was unanimous.
Mr. Burke moved to pass the legislation and the question put, stood:
Mr.
Burke YES Mr. Reams
YES Mr. Pleasant YES
Mr. Marshall YES Ms. Sellers
YES Mr. Fogt YES
Mr. Gore YES
Ordinance
45-06 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 second
reading, public hearing. Mr. Marshall
moved to waive reading in full; affirmative voice vote was unanimous. Mr. Marshall 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
46-06 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 second reading, public hearing.
Mr. Marshall moved to waive reading in full; affirmative voice vote was
unanimous. 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
47-06 passed.
“AN
ORDINANCE APPROPRIATING A 0.025+ ACRE, PERMANENT UTILITY EASEMENT AND A
0.481+ 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 second
reading, public hearing. Mr. Marshall
moved to waive reading in full; affirmative voice vote was unanimous. 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
48-06 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 second reading, public hearing. Mr.
Fogt moved to waive reading, affirmative voice vote was unanimous. Mr. Burke
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
49-06 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 second
reading, public hearing. Mr. Marshall
moved to waive reading in full; affirmative voice vote was unanimous.
The ordinance “AMENDING ORDINANCE NO. 25-06 PASSED MAY 11, 2006
AUTHORIZING THE ISSUANCE OF WASTE WATER TREATMENT SYSTEM REVENUE BONDS, SERIES
2006 OF THE CITY OF MARYSVILLE, OHIO IN THE AMOUNT OF NOT TO EXCEED $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 second reading, public hearing. Mr. Marshall moved to waive reading in full;
affirmative voice vote was unanimous.
“AN
ORDINANCE TO ACCEPT THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 2.830 ACRES
IN PARIS TOWNSHIP, UNION COUNTY TO THE CITY OF MARYSVILLE,
The
ordinance “TO AMEND PART ONE, ADMINISTRATIVE CODE, CHAPTER 105, PUBLIC MEETINGS
AND CHAPTER 111, COUNCIL, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE,
OHIO” was presented for first reading, title only. Mr. Gore commented that this legislation is
clean-up as a result of the elimination of the Shade Tree Commission.
The
ordinance “TO APPROPRIATE $1,900.00 FROM UNAPPROPRIATED GENERAL FUNDS FOR LEGAL
AND TECHNICAL SERVICES FOR MUNICIPAL COURT AND MODIFY THE ANNUAL OPERATING
BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THESE
EXPENDITURES” was presented for first reading, title only. Mr. Morehart explained Municipal Court is
requesting these appropriations for legal and technical services, $400.00 for
Legal Services and $1,500.00 for Technical Services.
The
ordinance “TO APPROPRIATE $31,800 FROM UNAPPROPRIATED GENERAL FUNDS FOR THE
PAYMENT OF THE 2006 SALARY EXPENSES FOR THE CITY PLANNER 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. Mr. Morehart explained that these
are estimated payroll expenses for the City Planner.
The
ordinance “TO AMEND SECTION 1105.09, SUPPLEMENTARY INFORMATION FOR PRELIMINARY
PLATS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for
first reading, title only. Mr. Ken Kraus
explained that this ordinance and the next nine ordinances are all clean-up to
the Code due to the establishment of the Design Review Board and the
elimination of the Architectural Review Board and Shade Tree Commission. A Public Hearing was scheduled for August 24,
2006 at 7:00 p.m.
The
ordinance “TO AMEND SECTION 1109.18, TREES, OF THE CITY OF MARYSVILLE PLANNING
AND ZONING CODE” was presented for first reading, title only. A Public Hearing was scheduled for August 24,
2006 at 7:00 p.m.
The
ordinance “TO AMEND SECTION 1139.23, SPECIAL PROVISIONS FOR CERTAIN PUBLIC USES
AND PUBLIC SERVICE FACILITIES, OF THE CITY OF MARYSVILLE PLANNING AND ZONING
CODE” was presented for first reading, title only. A Public Hearing was scheduled for August 24,
2006 at 7:00 p.m.
The
ordinance “TO AMEND SECTION 1142.04, GENERAL REQUIREMENTS APPLICABLE TO ALL WIRELESS
TELECOMMUNICATIONS FACILITIES, OF THE CITY OF MARYSVILLE PLANNING AND ZONING
CODE” was presented for first reading, title only. A Public Hearing was scheduled for August 24,
2006 at 7:00 p.m.
The
ordinance “TO AMEND SECTION 1143.15, VARIANCES, OF THE CITY OF MARYSVILLE
PLANNING AND ZONING CODE” was presented for first reading, title only. A Public Hearing was scheduled for August 24,
2006 at 7:00 p.m.
The
ordinance “TO AMEND SECTION 1137.25, CENTRAL BUSINESS DISTRICT (B-3), OF THE
CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading,
title only. A Public Hearing was
scheduled for August 24, 2006 at 7:00 p.m.
The
ordinance “TO AMEND THE CHAPTER 1123, DEFINITIONS, CROSS REFERENCES, OF THE
CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading,
title only. A Public Hearing was
scheduled for August 24, 2006 at 7:00 p.m.
The
ordinance “TO AMEND SECTION 1143.17, SIGNS IN A-R, B-R, O-R AND HMD ZONING
DISTRICTS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented
for first reading, title only. A Public
Hearing was scheduled for August 24, 2006 at 7:00 p.m.
The
ordinance “TO AMEND SECTION 1143.20, SIGNS IN M-1 AND M-2 ZONING DISTRICTS, OF
THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first
reading, title only. A Public Hearing
was scheduled for August 24, 2006 at 7:00 p.m.
The
ordinance “TO AMEND SECTION 1143.19, SIGNS IN B-3 ZONING DISTRICT, OF THE CITY
OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading, title
only. A Public Hearing was scheduled for
August 24, 2006 at 7:00 p.m.
The
ordinance “TO REZONE 6.4 ACRES, MORE OR LESS, OF PARCEL NUMBER 2900130113001
LOCATED ON STATE ROUTE 4 FROM OFFICE RESIDENTIAL (O-R) DISTRICT TO SUBURBAN
RESIDENTIAL (S-R) DISTRICT” was presented for first reading, title only. Mr. Ken Kraus explained as things progressed,
there was some expansion of office area. Planning Commission began to question what is the best use of that property between the offices on Rt. 4
and the homes in the Navin addition.
After much discussion, it was determined to give them the lot sizes and
property uses east, property uses to the west with office. In all probability, across
Rt. 4 will be commercial. There
are homes to the south. Planning
Commission agreed that the best use was Residential, not Office Residential,
not apartments, but single-family residential to go along with what’s south in
Scott Farms, what’s east in the Navin addition, and looking at lot sizes, etc.
Planning Commission is recommending S-R.
S-R zoning is single-family homes, 20,000 sq. ft. lots, or if single
unit condos under a condo association, you would be limited to ~ 14/15 units
total on the 6.4 acres.
Mr.
Reams asked how many homes were planned originally. Mr. Kraus stated 9/10 homes with the existing
home and pond staying.
Ms.
Sellers asked if there were any natural features on the land that we might want
to preserve that might make it a good candidate for a PUD? Mr. Kraus stated the pond is there. He commented there may be a buyer for the
single-family home in the back. The
intent is keep that pond and the existing home. If the developer or owner wants to do
something different than S-R, then a PUD is definitely an option where Planning
Commission could mandate retention of the existing pond.
Mr.
Reams expressed concern that this property went through the rezoning; it went
through Planning Commission; it came to Council. Everyone was convinced that this was the best
use. Council told the developers that
they were going to develop this as presented, no cutting corners or changing
plans. Now we’re looking at a change
already.
Mr.
Kraus stated this change was not initiated by the owner or the developer. It was initiated by the Planning Commission
to lock in exactly what Mr. Reams said.
Mr.
Reams stated the PUD locks in nine to ten homes in that area. That’s what was approved. Mr. Kraus stated it was not a PUD, it was an
O-R zoning, which left the developer open to build offices all the way to the
back, or apartments if somebody would choose to at some point. Mr. Reams asked if we are going to see the
developers come forward and try to squeeze every little inch out of that
property that they can when they stood before Council and presented a quality
plan and told Council what they were going to do. He asked if the developer was still committed
to the same concept of 9/10 homes. Mr.
Kraus responded “yes.”
Mr.
Gore asked if anyone else attended the Planning Commission when this was discussed. Mr. Kraus stated Mr. Coutts attended and was
concerned about the property behind him.
Mr. Rinehart was concerned. He
will be happy if this rezoning goes through.
He doesn’t have a problem with residential, he has a problem apartments,
etc.
Mr.
Gore asked the Clerk to go back and review the minutes of the Council meeting
when this was originally rezoned. Check
and see what opposition was heard and from whom. Mr. Kraus stated he knew that Mr. Coutts and
Mr. Rinehart are satisfied with this proposal.
Mr.
Marshall stated this seems to be the appropriate steps, probably what should
have been done the first time around rather than have the developer come in
here with pretty pictures. Given the
history, he wouldn’t be surprised if the property gets sold and they don’t
actually be the ones to develop it. He
commended Planning Commission for stepping in and addressing this in the proper
way and getting it lined up the way it ought to be and what fits with that
area.
Mr.
Fogt commented that he felt the developers came in here with a plan they
thought would work. He feels this is a
good plan to rezone it and he supports it.
A
Public Hearing was scheduled for August 24, 2006 at 7:00 p.m.
COMMENTS
OF COUNCIL PERSONS AND GENERAL DISCUSSION
1.
Parks & Recreation Representative - There will be no meeting in July due
to lack of agenda items.
Mr. Marshall commended Administration for
addressing the issues with the pool on Saturday. Feels it’s a great opportunity for Marysville
to hold such an event.
Mr.
Gore commented about the Day in the Park last Saturday. It was well attended, weather was beautiful
and it was a very nice event. He
commended Steve Conley and staff for an excellent job.
Mr.
Marshall said that he received an anonymous letter within the past ten
days. He stated he does not like
receiving anonymous letters. He would
prefer they come in and talk about the issue rather than write a letter and
scathe someone about how they’re doing their job and not bother to put a name
on the letter.
Mr.
Fogt asked about the status of the easements.
Would there be any more coming to Council? Mr. Aslaner stated there is one more that has
not been filed. It has multiple owners.
Mr.
Fogt stated a Public Services Committee meeting is scheduled for Tuesday at
7:00 p.m. at the Public Service Center.
ADJOURNMENT: There being no further business to come
before Council, the meeting adjourned at 7:50 p.m.