CITY COUNCIL MINUTES

CITY COUNCIL MINUTES

JULY 27, 2006

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

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

Excused: Mr. Burke, Mr. Reams

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

REPORTERS PRESENT: Ryan Horns – Journal Tribune

CITIZENS PRESENT: Pamela Garlinghouse, Rick Coutts, Bill Kelley, Phillip & Sarah Connolly, Rick Shortell, John Hill, Jr., Jason Isaacs

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

ADMINISTRATIVE REPORT: Ms. House reported that the 2006 paving program began on Monday.

Honda Homecoming is going on this week.

BWC has chosen the City of Marysville to receive the Governor’s Award for safety and efforts in reducing our compensation costs. There will be a ceremony on August 8^th at 11:00 a.m. in the Courtroom to receive this award.

REPORT OF CLERK OF COUNCIL: No report.

REPORT OF PLANNING COMMISSION: No report.

HEARING OF CITIZENS: None

RESOLUTIONS

ORDINANCES

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

Mr. Fogt YES Mr. Pleasant YES Mr. Marshall YES Ms. Sellers NO Mr. Gore YES

Ordinance 50-06 passed.

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

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

Ordinance 51-06 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 third reading, title only. Mr. Pleasant moved to pass the legislation and the question put, stood:

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

Ordinance 52-06 passed.

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 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 third reading, title only. Mr. Morehart said the date of May 11, 2006 in the title and the first “Whereas” clause should read May 25, 2006. No amendment is necessary since it does not change the substance of the legislation. Mr. Marshall moved to pass the legislation and the question put, stood:

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

Ordinance 53-06 passed.

“AN ORDINANCE TO ACCEPT THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 2.830 ACRES IN PARIS TOWNSHIP, UNION COUNTY TO THE CITY OF MARYSVILLE, OHIO” was presented for second reading, public hearing. Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous. Mr. Fogt noted this is the area located immediately behind Applebee’s.

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

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

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

The ordinance “TO AMEND SECTION 1105.09, SUPPLEMENTARY INFORMATION FOR PRELIMINARY PLATS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for second reading, public hearing. Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Ms. Sellers moved to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on 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 second reading, public hearing. Mr. Pleasant moved to waive reading in full; affirmative voice vote was unanimous. A Public Hearing will be held on August 24, 2006 at 7:00 p.m. Mr. Fogt explained the reason for the above Planning and Zoning Code changes was due to the elimination of the Shade Tree Commission, Architectural Review Board and the creation of the Design Review Board. Language was changed in the Code to reflect these changes.

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 second reading, public hearing. Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous. Mr. Rick Coutts addressed Council. He lives at 17780 St. Rt. 4, immediately west of the subject property. He would like to see R-2 zoning. Mr. Fogt stated that S-R is better because it would lock it into 20,000 sq. ft. lots. Mr. Coutts said the developer originally planned one office on the property immediately north of his property. He has since found out there will be four office buildings on that property. Mr. Gore stated as it is currently zoned, apartments and condominiums would be permitted, as well as offices. This zoning would allow only single family homes.

Mr. Coutts addressed another issue with the lot next door. The house was demolished and the only notice that he received was from Dayton, Power and Light saying that they were going to cut off his electric to take trees down. One of his grandchildren has asthma. The developer took the trees down and then brought in a concrete grinder and ground the concrete on site. The dust came over onto his property. He now has a gray house instead of a yellow house. He wished they would have left the trees up while grinding the concrete. He did receive notice after the fact from Mr. Isaacs.

Mr. Coutts also expressed concern for buffering between the offices and his property. Ms. House said the plans had been through Design Review and invited him to come in and look at the plans. A Public Hearing will be held on August 24, 2006 at 7:00 p.m.

The ordinance “AMENDING ORDINANCE 28-04 TO DESCRIBE ADDITIONAL PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE TO BENEFIT CERTAIN PARCELS UNDER A TAX INCREMENT FINANCING PROGRAM, AND TO PERMIT THE CREATION OF CERTAIN SUB-ACCOUNTS WITHIN A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND BY THE CITY, IF DESIRED; AUTHORIZING THE EXECUTION OF ONE OR MORE INFRASTRUCTURE AGREEMENTS WITH PROPERTY OWNERS; AUTHORIZING THE AMENDMENT OF A SCHOOL COMPENSATION AGREEMENT BETWEEN THE CITY AND THE MARYSVILLE EXEMPTED VILLAGE SCHOOL DISTRICT; AND DECLARING AN EMERGENCY” was presented for first reading, title only. Mr. Morehart stated this ordinance amends the previous ordinance passed by Council in 2004 to permit the TIF tied to the City Gate property. Mr. Price Finley of Bricker and Eckler addressed Council. He explained this is an amendment of the 2004 ordinance that originally created this TIF area. The original TIF did include all of the property that’s going to be developed as part of the City Gate development, however, there was no development contemplated at that time on that property, so it did not describe any of the infrastructure improvements that would be necessary in connection with that development, nor did it make reference to the Delaware Avenue improvements that are going to be made down the road from this TIF as well. This ordinance does amend the description of the public infrastructure improvements that the original TIF ordinance permitted. The district does not change; the area of land covered is not changing, just an addition to the public infrastructure improvements that can be done. As part of that, there would be an authorization of an infrastructure agreement and a service payment agreement in connection with the TIF and in connection with the public infrastructure improvements to be made. That would be between the City and Connolly Construction as the developer of the property. In connection with that also, it is necessary to make an amendment to the original school compensation agreement. The School Board will have to approve that as well. That will be the same compensation formula as was initially used. Nothing is changed in terms of the formula; it just makes it clear that we are adding this development to the TIF and that we treat them in the same manner.

Mr. Fogt asked if the TIF funds that are generated from City Gate will be used exclusively for City Gate projects? Mr. Price said not exclusively. Right now any development that happens on any of the parcels that were included in the original 2004 ordinance, any development goes into the TIF and then the school compensation portion is carved out. The remainder is available to pay for infrastructure improvements. To date, the only infrastructure improvements that have been authorized by Council are the ones in connection with the Coleman’s Crossing development. This would also allow for the use of TIF funds in connection with the City Gate development and the Delaware Avenue improvements. It’s an expansion of the public infrastructure improvements that can be made using the TIF funds, but it’s still one big pot of money that can be used to fund improvements. There are other issues relating to the outstanding notes that were issued for the Coleman’s Crossing infrastructure improvements and how those will interface with these, but presently it’s contemplated that there’s one pot of money. Will then figure out how, between the two notes, those will be handled. The notes would be authorized, both the ones that are up for renewal and new notes; they are both revenue obligations and not general obligations of the City. They are backed by letter of credit. There is no risk to the City in connection with those obligations.

Mr. Gore asked Mr. Connolly about an agreement that basically stated that development on City Gate will be towards the City Gate infrastructure improvements and anything that continues in Coleman’s Crossing will be used in that area. Mr. Phillip Connolly explained that both are right. It ends up being a master agreement that’s over the whole area. He is ultimately responsible for the funds that come out of City Gate, and Coleman’s Crossing is ultimately responsible for the funds that come out of Coleman’s Crossing. There is some work being done with the letters of credit and how those two are guaranteed, and it may end up with Mr. Connolly taking more of a portion of the obligation. That is still in negotiation. It’s not a cut and dry situation. Clearly, the revenues from City Gate will go to City Gate; the revenues from Coleman’s Crossing will go to Coleman’s Crossing. If an arrangement can be reached where those two can be put together, then it would cover each other.

Mr. Gore asked about a letter from the school. Mr. Morehart said he and Mr. Connolly received an email from Mr. Larry Zimmerman indicating that he would be interested in sitting down with the four primary agencies to work something out similar to the arrangements that he made previously. Mr. Connolly will call a meeting with appropriate parties.

Ms. Sellers questioned Section 4 of the ordinance and how the Mayor and Director of Finance are authorized to execute the infrastructure agreements. She asked if that was something new and if so, why was it being added? Mr. Finley stated the Infrastructure Agreement is the same form as the Coleman’s Crossing Infrastructure Agreement. This one relates to the City Gate improvements. Ms. Sellers questioned Owners not being defined. Mr. Finley stated it is defined in the original ordinance. Ms. Sellers pointed out that we now have more than one owner. Mr. Finley stated the original definition in the 2004 ordinance refers to all owners of property. Ms. Sellers stated a new ordinance will have to be passed every time we’re dealing with a new owner. Mr. Finley stated if there is another development that comes along where there will be specific infrastructure improvements like the kinds being contemplated here, there would have to be a new ordinance in connection with that. A new ordinance would not be necessary in connection with a sale because it runs with the land. The reference to owners is with respect to the capturing of the TIF revenues.

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 $5,500,000 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 DECLARING AN EMERGENCY” was presented for first reading, title only. Mr. Morehart explained this permits the borrowing tied to this TIF. Mr. Fogt confirmed this is authorized for City Gate. Mr. Finley stated there is no additional debt for Coleman’s Crossing being authorized here, only City Gate.

The ordinance “AMENDING ORDINANCE 78-05 ‘SETTING COMPENSATION FOR ALL CITY EMPLOYEES – 2006’ TO FILL THE CITY PLANNER POSITION” was presented for first reading, title only. Ms. House said this is companion legislation to the previous legislation for City Planner position. In addition to amending the pay ordinance, it also changes the salary range of this position from Executive 3 to Executive 4, which is lower. Recruiting will begin August 1^st.

COMMENTS OF COUNCIL PERSONS AND GENERAL DISCUSSION

1. Parks & Recreation Representative – Mr. Marshall reported there was no meeting in July due to lack of agenda items. The next Concert in the Park is scheduled for August 13^th. McGuffy Lane will perform.

Mr. Fogt reported on the Public Services Committee Meeting held recently. Shepherd’s Landing was discussed at length. Resolution to the issue involves the residents and Paul Isaacs obtaining a survey and easements. City will remove fire hydrants on the 8” water line, and a mechanism will be added to each line so that they can be flushed. Mr. Fogt asked Administration for clarification of steps involved in resolving this issue. Ms. House stated surveys would be completed first. Easements need to be acquired and filed. Once those are filed, the residents will ask the City for the water and sewer lines to be dedicated and accepted by the City, then the City can get on those properties to do the work. Mr. Gore asked that those steps be communicated to the residents.

The E. 5^th Street railroad crossing has been repaired. The crossing is 18’ wide at the widest portion. Mr. Fogt noted a drop-off at that point. That is the length prior to the repair. Mr. Fogt would like to have seen it extended another foot or two on each side. He is anxious to get this crossing open as soon as possible. The traffic study results should be available by August 10^th meeting.

Mr. Gore commented about the recent storms. He received a call from a resident about a power outage in his/her area. Mr. Gore called Mr. Bill Kelley of Dayton, Power and Light and talked to him about it. Within minutes, Mr. Kelley was in contact with the resident. Mr. Gore thanked Mr. Kelley for his prompt customer service. The City has not received good customer service from DP&L in the past.

ADJOURNMENT: There being no further business to come before Council, the meeting adjourned at 7:43 p.m.