CITY COUNCIL MINUTES

 

AUGUST 24, 2006

 

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

 

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

 

OTHERS PRESENT: Mayor Kruse, Finance Director Morehart, Law Director Aslaner, Acting Clerk Moder

 

REPORTERS PRESENT:  Ryan Horns – Journal Tribune

 

CITIZENS PRESENT:  Bob Widder, Ron Miller, Barb Miller, Ken Kraus, Rick Coutts, Arlene Coutts, Rick Shortell, Sharon Montgomery, Troy Groehl, Tyler Groehl, David Kent, Joshua Kent, Bill Kelley, Chuck White, Daniel White, Andy Wood, Kevin Cowgill, Crista Miller, Jason Isaacs, M. J. Richardson, Bob Rinehart, Nevin Taylor

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on August 10, 2006 were approved as written.

 

ADMINISTRATIVE REPORT:  Mayor Kruse reported there was a conference call yesterday with Mr. Fogt, Mr. Burke, Mr. Roush, Mr. Aslaner and himself with the Ohio Rail Development Authority with reference to the railroad crossing in question.  He felt there was progress made.  It was because of the Law Director that this call took place.

 

Mr. Aslaner was asked by Council and the Mayor to look into any legal issues that may exist with respect to keeping the crossing closed or opening it up.  He contacted PUCO looking for alternate resolutions.  Statewide, PUCO has ultimate authority on whether a railroad crossing in the state should be closed for safety reasons.  In order to get PUCO involved, either the railroad or the City files a petition to close a particular crossing.  The PUCO referred him to the Ohio Rail Development Commission, which is governed by ODOT.  There is State grant money available with PUCO.  The Ohio Rail Development Commission has Federal grant money.  He estimated the cost to be $180,000 to $200,000 to put up crossing gates and lights.  Prospects of getting a fairly substantial amount of that paid for through grant monies appears very good.  At this point, the City is working toward trying to open up that crossing with substantially improved warning signals, particularly lights and crossing gates.  The crossing does not have to be open in order to apply.  It was recommended by Susan Kirkland of the ORDC that the crossing be kept closed in the interim because of the increased traffic.  She will expedite the process.  Hope to have an answer within a few weeks.  If City is granted Federal aid, a meeting would be set up between ODOT, the City, CSX and the PUCO to survey the railroad crossing.  At that time it would be determined by all those parties exactly what kind of warning signals would be needed, as well as the cost for those signals. 

 

Mr. Gore thanked Mr. Aslaner for picking up the ball and running with it.  He stayed on top of it and was very persistent in contacting all the appropriate people and came through for the City and the residents of this community.  Mr. Aslaner did an outstanding job. 

 

Mr. Aslaner stated Ms. Kirkland said that the timetable for being able to install permanent warning signals is next spring or early summer. Mr. Fogt said it’s important to note that it may be as early as next spring or as late as next October before the signals are installed.  City cannot force CSX to do the project on the City’s schedule.  They must follow their own schedule.   Ms. Kirkland will expedite the process. 

 

Mr. Fogt thanked Mayor Kruse, Mr. Aslaner and Mr. Roush.  He feels there has been a lot of good progress made.

 

Mayor Kruse reported on a related issue, the east/west traffic congestion.  The traffic study indicated some ongoing problems and indicated problems will clearly increase as time goes on as we add more retail development.  He pointed out that part of this goes along with having big box stores.  He feels we should move to the next step in this whole process and authorize a second phase of study on trying to determine some alternative routes on moving traffic east and west through this town.  Administration is coming back to Council with a recommendation and a request for appropriation to pursue that.  City is looking for a consulting firm to look at this and say we have three or four alternatives to remedy this problem.  At that point, we ought to have public meetings, present alternatives to the public for their input and take it all into consideration and make a decision on which one we want to do, then find the money to do it. 

 

Mr. Gore agreed with the Mayor.  We can’t wait much longer to improve the infrastructure and the traffic flow, and he supports moving forward to the next phase. 

 

Mr. Fogt also supported moving forward to the next phase.  He asked if TIF funds could be used to pay for the study.  Mr. Morehart stated probably not for a while.  He’s hoping next year will be the first year that the City will realize TIF funds.  Excess dollars that would be available for some sort of infrastructure improvements would have to be capital in nature. 

 

Mayor Kruse stated in TIF discussions, in later years it was felt that there would be monies available to do things within the TIF area, and some of the things we knew we were going to have to do is to upgrade some of the ramps, bypass and work on the entire area around Delaware Avenue and US33. 

 

REPORT OF CLERK OF COUNCIL:  No report.

 

REPORT OF PLANNING COMMISSION:  Mr. John Cunningham reported on the August Planning Commission meeting.    Two items were tabled.  Due to the light agenda, the Commission took the opportunity to have a discussion with a local realtor who is interested in looking at zoning standards for old Marysville; older homes that are established when there were no zoning codes, issues and concerns that homeowners in those areas are confronted with such as setbacks and those types of issues that might impact their ability to improve their homes.  Discussion on this topic will be ongoing. 

 

In the forthcoming meetings, Galbury Meadows Final Plat will be presented.  Will also be looking at Woods at Mill Valley North, Phase 1, Part 11.  Will also review a zoning request for 2.86 acres near Coleman’s Crossing from Township Zoning to TOC. 

 

The August Design Review Board meeting focused on the Design Standards.  Significant progress was made and they are looking at the potential to approve those standards at the next meeting.  Those standards are critical to the operation of Design Review. 

 

Mr. Reams asked about Woods at Mill Valley North, Phase 1, Part 11 and the commitment from Dominion Homes to finish their section of the park with the multi-use trail, etc.  He would like for them to set a completion date for that project.    Mr. Cunningham will talk to Dominion about that issue.

 

HEARING OF CITIZENS:  Ms. Sharon Montgomery of Gahanna, Ohio addressed Council.  She asked for Council’s help on an issue dealing with talking on cell phones while driving.  She is a victim of a three-car crash caused by a driver using his phone.  The driver of one victim car is now partially disabled.  The driver of the other victim car, her husband John, died of his injuries, and she had life-threatening complications from her injuries.   She noted SB317 doesn’t even say you can’t use your phone while driving; it only says if you do use it and cause a crash, it will be a felony if you cause serious injury or death.  She asked for support of public input for SB317.  It was introduced in April and had sponsor testimony at the end of May, right before the General Assembly recessed for the summer.  She has asked Senator Jordan if more hearings were planned on this issue.  He said he didn’t plan to hold any.   Ms. Montgomery asked Council’s consideration to pass a resolution or write to Senator Jordan individually.    She would like Council to support the content of the bill, but is asking for support of the right of the public to be heard. 

 

Mr. Gore stated he was the Council member who requested the clerk to do research on this issue.  No legislation was found to exist banning the use of cell phones while driving in the city limits.  Ms. Montgomery stated Brooklyn, suburb of Cleveland, was the first in the nation.  Mr. Gore expressed concern because he was almost hit by a man driving while talking on a cell phone. 

 

Ms. Montgomery stated restrictions on the behavior itself are what we ultimately need.  However, that’s been ignored for nine years.  Feels this is an opportunity to start somewhere.  It’s similar to DUI laws.

 

Mr. Reams stated that it’s interesting to note contrary to what has been heard through the media, that the risk of using a hands-free phone is pretty much the same as using a hand-held phone.  It’s not what you’re holding, but the distraction.

 

Ms. Montgomery distributed a packet of information to all Council Members.  Mr. Gore referred the issue to Public Safety Committee for further review and recommendation. 

 

Ms. Sellers asked what percentage of injury causing accidents is related to cell phone use?  Ms. Montgomery stated they have no idea because it’s not in the crash report.  The Governor’s Highway Safety Association has written model criteria to add to the uniform crash report.  She talked to the Department of Highway Safety several times and they have no plans to add the language to the crash report. 

 

Mr. Bob Widder of KFC addressed Council.  He thanked everyone for the good progress made on making the right decision regarding the railroad crossing.  Also supports the decision towards doing the study to ease traffic congestion.   He asked when the PUCO and ODOT meet and if they should decide that the crossing does not need lights, will the City abide by their decision?  Mr. Gore commented that our hopes are that they come back with support of our request for grant money and if they can’t, we have to sit back down and decide what the next steps are.  Mr. Widder asked if meeting participants could ask the PUCO or ODOT  what’s the possibility of opening the crossing and what they feel the safety impact would be if it was opened while waiting through the six or eight month process.  Mr. Gore stated as much as he wants to see that open, he does have concerns about the safety.  Every opportunity will be pursued to make that available and reopen that crossing but not at the cost of safety.  We’ll work very closely with the experts and follow their direction.

 

RESOLUTIONS

 

ORDINANCES

 

The ordinance “TO AMEND SECTION 1105.09, SUPPLEMENTARY INFORMATION FOR PRELIMINARY PLATS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Mr. Fogt moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 66-06 passed.

 

The ordinance “TO AMEND SECTION 1109.18, TREES, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Mr. Fogt explained that a Design Review Board was created and this and the next few zoning ordinances are cleaning up language relating to that change.  Mr. Fogt moved to pass the legislation and the question put, stood;

 

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

 

Ordinance 67-06 passed.

 

The ordinance “TO AMEND SECTION 139.23, SPECIAL PROVISIONS FOR CERTAIN PUBLIC USES AND PUBLIC SERVICE FACILITIES, 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. Pleasant  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Gore  YES  Mr. Burke  YES  Mr. Reams  YES

 

Ordinance 68-06 passed.

 

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 third reading, public hearing.  Mr. Reams 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

 

Ordinance 69-06 passed.

 

The ordinance “TO AMEND SECTION 1143.15, VARIANCES, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Mr. Fogt 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  Ms. Sellers  YES

 

Ordinance 70-06 passed.

 

The ordinance “TO AMEND SECTION 1137.25, CENTRAL BUSINESS DISTRICT (B-3), OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Mr. Fogt moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 71-06 passed.

 

The ordinance “TO AMEND THE CHAPTER 1123, DEFINITIONS, CROSS REFERENCES, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Mr. Pleasant moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 72-06 passed.

 

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 third reading, public hearing.  Mr. Burke moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 73-06 passed.

 

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

 

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

 

Ordinance 74-06 passed.

 

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 third reading, public hearing.  Mr. Fogt 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

 

Ordinance 75-06 passed.

 

The ordinance “TO REZONE 6.4 ACRES, MORE OR LESS, OF PARCEL NUMBER 290030113001 LOCATED ON STATE ROUTE 4 FROM OFFICE RESIDENTIAL (O-R) DISTRICT TO SUBURBAN RESIDENTIAL (S-R) DISTRICT” was presented for third reading, public hearing.  Mr. Jason Isaacs, Isaacs Enterprises and developer of this project, addressed Council.  This piece of property was annexed and zoned into the City not too long ago.  It was zoned Office Residential.  B-R was initially proposed.  Planning Commission encouraged the developer to zone it O-R.  Developer agreed and it was zoned O-R.  The Planning Commission has now decided to change the zoning without discussing it with Mr. Isaacs or Dr. Cowgill, property owner.  Mr. Isaacs was informed by a call from the City that he needed to show up at the next meeting; they are rezoning his property.  He feels this whole process seems inappropriate, procedure wise.  It’s not beneficial to the process.  He feels the zoning, O-R, is appropriate as is.  Nothing has changed to cause this to be rezoned to S-R.  O-R is a transitional zoning from residential to business or commercial.  The Scott Farms Subdivision all around it is R-3, which is high density, single family and the Ohio Grain Property is zoned B-1.  Feels O-R is a reasonable zoning for this new property.  Nothing has changed from the initial plans.  Potential plans are not considered when rezoning property.  This whole process is disappointing and unnecessary.  He asked Council to vote no on this rezoning. 

 

Mr. Rick Coutts, 17780 St. Rt. 4, addressed Council.  His property is just west of the 6.4 acres.  When Isaacs Enterprises first approached him and proposed developing the land just south of him and behind him, he was initially told there was going to be one office building south of his property and they were going to build condos behind him.  Shortly after that he received a phone call from Derek Isaacs who stated they were thinking about building upscale homes behind Mr. Coutts’s property.  He never mentioned that they changed their mind about building one office building south of him.  Mr. Coutts had decided he was not going to contest it, so he didn’t show up at the Planning Commission meetings, thus there are four office buildings going in south of his property.  Since they have started construction, they’ve used a compactor roller that has vibrated his house and cracked the drywall.  He urged Council to keep the Suburban Residential District in tact. 

 

Dr. Kevin Cowgill addressed Council.  He owns the 6.4 acres in question.  When he bought the land from the Isaacs, he thought it was a good investment for him.  At this time, he has showed his house twice.  His game plan is to move out to this property, so there won’t be apartments out there, as is rumored.  He will live out there and will build his office out there.  Some houses are scheduled to be built.  Nothing is scheduled to be built that anyone here would be ashamed of living in.  The condominium association (homeowners association) will be formed so that he can govern how tall the grass is and he can govern if there are buildings around the lot.  He wants to make sure it’s a good looking community and an upstanding community and will take care of it.  Mr. Cowgill noted the four office buildings proposed are for a different piece of property, not these 6.4 acres.  He would prefer the zoning stay O-R.   There will be nothing disrespectful in this area.  He noted in the area surrounding his property are abandoned pick-up trucks and vans.  There is a dump truck and bulldozer just north of his property.  The problem is he is in the City limits.  The other side of that line is the County.  Mr. Coutts lives in the County; he does not live in the City limits.  Dr. Cowgill feels like the City is catering to Mr.Coutts.  Mr. Cowgill is bringing businesses into Marysville, jobs into Marysville and money into Marysville. 

 

Mr. Reams asked Mr. Isaacs if the plans initially proposed would not be achievable with this proposed zoning?  Mr. Isaacs stated as far as he knew, it should be okay, even if it is rezoned to S-R. 

 

Mr. Rinehart, 16555 Lakewood Lane, property immediately behind the property in question.  He spoke previously to Council on behalf of himself and his neighbors and said that no one had any objection to condominiums or residential homes.  The problem he sees is that why would the owners ask for it and why would Planning Commission and Council approve zoning that was more generous than what the people were asking for.  If they wanted to build houses and there is zoning for houses, why shouldn’t that property be zoned for the intended use and not something that would allow other types of construction, which would not be acceptable to the neighbors.  At that time because of the zoning, there wouldn’t have been any further discussion.   If the developer wants to build houses, S-R allows you to do that.  It does prevent you from changing your mind later on without any further discussions, and it does prevent you from selling it to someone else who would come in with different plans.  He urged Council to pass this rezoning.  It’s what should have been done in the first place.

 

Ms. Arlene Coutts addressed Council.  She does not think Council is doing them any favors.  She wants some kind of guarantee that what’s supposed to go on there, stays there; that they can’t come later and build a factory or something.  She wants houses.  They were told originally that the developer was going to put condos, then changed to houses, now it’s medical buildings.  She asked Council to make the right decision. 

 

Mr. Cunningham explained that the initial request did come in to be B-R.  Planning Commission looked at that and the overall request and made a determination at that point in time.  The Planning Commission looked at this issue and thought it was a good use of the land and a lot of that was predicated upon the proposal before the Commission.  He said to bear in mind that Planning Commission is seven citizens appointed to a panel.  They make decisions with the information before them to the best of their ability.  There is going to be an occasion as humans that mistakes do happen.  They realized as they looked at what was being developed and what was beginning to happen that they made a mistake.  Planning Commission was counting on the housing and the breakdown of the land.  It was a good use.  Hindsight told them to tighten things up.  He clarified that Planning Commission is a public body.  They operate with advertising in the newspaper, communicate openly with the community and just as this meeting, the doors are wide open.  They offer to a certain extent due process and input from all sides of an issue.  They did that, and this is merely a recommendation at this point in time that they believe that what is before Council today is the best use for that land.  Planning Commission looked at something they thought was in error; it was in place.  They could have turned a blind eye and not be standing before Council admitting they had made an error, but they wanted to be proactive and take the action they thought was in the best interest of this community. 

 

Ms. Sellers asked Mr. Cunningham why they thought it was an error.  Mr. Cunningham responded to the north of that property and to the east of that property is single-family houses and O-R does readily allow for that, but it also offers opportunities for other pieces of development that Planning Commission felt would put it at too great a risk for the best interest of the citizens.  Traffic is a concern in that area on Rt. 4.  

 

Mr. Cunningham stated they are confident that this development, the way it is, is going to occur and believes the only con that’s been presented this evening has been the process.  The Planning Commission dotted their i’s and crossed their t’s within the process, it was allowable; they accepted community input; Mr. Isaacs and Dr. Cowgill were present; it was an open opportunity for input;  no rules were broken in the process.  Feels that’s been the only criticism of this proposal this evening. 

 

Mr. Fogt stated maybe the process wasn’t what it should have been, but he attended the Planning Commission meetings when it was discussed.  He agreed with the proposed change.  Twenty or thirty years down the road it still protects that land from being used for another purpose.  He feels this is the right way to go.

 

Mr. Cunningham pointed out that Planning Commission is just not responding to the individuals who are in the room this evening in either direction.  They did hear input from other citizens throughout the community.  Three full meetings were held before it was moved forward to City Council, so there was ample opportunity for input.

 

Mr. Gore stated he doesn’t always agree with Planning Commission recommendations, but he feels Planning Commission always makes what they feel is the best decision with the information they have.  He applauded Planning Commission for admitting they made a mistake, but also apologized to the developer/owner on behalf of the City for being inconvenienced by this process. 

 

Mr. Fogt 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  Ms. Sellers  YES

 

Ordinance 76-06 passed.

 

The ordinance “AUTHORIZING APPROPRIATION TRANSFER TO STREETS EQUIPMENT MAINTENANCE AND MODIFYING THE ANNUAL BUDGET IN ACCORDANCE WITH THE APPROPRIATION TRANSFER” was presented for second reading, public hearing.  Motion was made to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “TO APPROPRIATE $7,945 FROM UNAPPROPRIATED GENERAL FUNDS FOR THE PURCHASE AND INSTALLATION OF AN UNINTERRUPTED POWER SUPPLY (UPS) FOR THE POLICE DISPATCH, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS EXPENDITURE” was presented for second reading, public hearing.  Motion was made to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “TO APPROPRIATE $37,000 FROM UNAPPROPRIATED PARKLAND DEVELOPMENT FUNDS FOR SANDBLASTING AND PAINTING OF THE MUNICIPAL SWIMMING POOL, 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.  Motion was made to waive reading in full; affirmative voice vote was unanimous.  Mr. Fogt asked at the previous meeting about the appropriateness of paying for maintenance out of the Parkland Development Fund.  Mr. Aslaner said it is appropriate to take the money out of the Parkland Development Fund.  He cited Section 1107.16 of the Codified Ordinances, subsection C2, which basically says, “the deposits shall be placed in the Parkland Development Fund and used only for purchase, development and improvement of parks, recreation facilities and public open space.”  He noted sandblasting of the pool is not done every year, in fact, it hasn’t been done in six years.  He feels this is an improvement, not upkeep and maintenance. 

 

Mr. Fogt asked if taking this $37,000 out of Parkland Development Fund would short any proposed projects?  Response was no.

 

Mr. Reams stated the legal decision was made that it is appropriate to use Parkland Development funds for this project.  He stated Council needs to make the decision whether it’s the right thing to do.  He stated there are parks in neighborhoods that have not been finished, where people have lived there for 10 or 15 years.   Every time a house is built, monies go into the Parkland Development Fund to build the parks in these new neighborhoods.  He disagrees that this is the right thing to do, whether or not it’s the legal thing to do.  He feels we need to take this from the General Fund and use the Parkland Development Fund as it was intended, and that’s to develop new parks.

 

Mr. Gore said the pool has been operating at a loss and feels the question needs to be asked if we’re going to continue to operate at a loss, do we even want to consider to continue to operate a pool if it’s something we can’t support through Parkland funds.  Mr. Reams said over the past 3 years, the City is getting better and better at breaking even in its operation.  He does not feel Parks & Rec is expected to break even.  It’s a service we provide just like streets, fire and police.  It’s one of the reasons why we exist. 

 

Ms. Sellers said she had heard the reason for this maintenance was clarity of the water and asked for confirmation of this.  Mr. Morehart could not respond to that.  He relies on what he was told by Steve Conley and Tracie Davies. 

 

Mayor Kruse noted that since he became Mayor, he has reviewed projects and found that over the previous eight years, maintenance has been virtually nothing.  If you don’t paint the bottom of the pool, the concrete falls off and you end up with a situation where you’re going to have to replace the concrete bottom in that pool.  It’s very important that we look at our capital items, particularly this and our streets, etc.  Unless we want to replace them periodically them, we’ve got to do the appropriate maintenance on a regular basis.  Preventative maintenance is important. 

 

Mr. Gore said that Mr. Reams is not opposing maintenance to the pool as much as how to pay for it. 

 

Mr. Reams moved that we amend this ordinance and replace Parkland Development Funds with the words General Funds, amend the appropriate account number and change the amount to $55,000, because there is already $18,000 in Parkland Funds in the budget that was passed to address this issue and the question put, stood:

 

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

 

Motion failed.

 

“AN ORDINANCE APPROPRIATING A 1.463+ ACRE PERMANENT UTILITY EASEMENT AND A 4.284+ 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.  Motion was made to waive reading in full; affirmative voice vote was unanimous.  Mr. Aslaner said this is the last of the easements for the WWTF.  Mr. Pleasant moved to waive third reading, title only and the question put, stood:

 

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

 

Motion passed.

 

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

 

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

 

Ordinance 77-06 passed.

 

The ordinance “TO APPROPRIATE $220,000 FROM UNAPPROPRIATED COLEMAN CROSSING TIF PROJECT FUNDS FOR TRANSFERRING INTO THE COLEMAN’S CROSSING TIF FUND FOR PAYDOWN ON THE TIF DEBT, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THIS EXPENDITURE” was presented for second reading, public hearing.  Motion was made to waive reading in full; affirmative voice vote was unanimous.  Ms. Sellers moved to waive third reading, title only and the question put, stood:

 

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

 

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

 

Ordinance 78-06 passed.

 

The ordinance “TO APPROPRIATE $12,400 FROM UNAPPROPRIATED GENERAL FUNDS FOR THE PURCHASE OF  BATWING MOWER FROM FUNDS PROVIDED BY PARIS TOWNSHIP, 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 said the City received $12,400 from Paris Township designated for the purchase of a batwing mower.  The money needs to be appropriated so it can be spent.  Mr. Reams moved to waive second reading, public hearing and the question put, stood:

 

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

 

Motion passed.

 

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

 

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

 

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

 

Motion passed.

 

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

 

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

 

Ordinance 79-06 passed.

 

The ordinance “TO APPROPRIATE $133,385 FROM UNAPPROPRIATED GENERAL FUNDS FOR THE PURCHASE OF PUBLIC SERVICE CENTER SECURITY FENCING AND ELECTRICITY, SKID STEER LOADER, TRUCK WASH STATION/WATER LINE (MATERIALS ONLY), FIRE STAFF VEHICLE REPLACEMENT, 4-WHEEL DRIVE POLICE VEHICLE AND OFFICE FURNITURE FOR POLICE INVESTIGATORS AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THESE EXPENDITURES” was presented for first reading, title only.  These items have been identified as the remaining items as needed but not included in the 2006 Operating Budget.  These items have been reviewed by the Finance Committee, sponsored only by Mr. Fogt and Mr. Burke. 

 

COMMENTS OF COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative

 

Mr. Fogt stated that 3rd Friday last week was nice.  The band was great.  It’s unfortunate that it was the same night as the Balloon Rally because that hurt the attendance downtown.  The attendance at the Balloon Rally was great on Friday night. 

 

Mr. Fogt commended the Mayor, Mr. Aslaner, Mr. Roush and Mr. Burke for their efforts on the railroad crossing issue.  A lot of progress was made.  Everyone present is committed to getting it done as soon as possible and as safely as possible.

 

Mr. Reams attended a Rt. 33 Corridor small group meeting this week.  The draft Memorandum of Understanding was reviewed in the development of an Accord.  This will be discussed at the Large Group meeting in a week or two.  There was a lot of interest and discussion on the meeting that was held between Marysville and Jerome Township.  The group is working on a Request for Proposal to get proposals on developing this Accord from various consultants. 

 

Mr. Burke attended an Uptown Renewal Team meeting last night.  The 3rd Friday event has really taken off.  This year was the first year it actually made a profit in excess of $10,000, which will not only fund future projects related to entertainment venues, but also development of the downtown area.  He commended Mrs. House for her outstanding effort and the people who have helped her make that a real community event that raises money to help downtown. 

 

Mr. Gore announced that he received an email from Chris Schmenk of Scotts.  They are having a car wash as a fundraiser for Leukemia and Lymphoma Society tomorrow from 11:00 a.m. to 3:00 p.m. in the Scotts parking lot.  He encouraged everyone to go out, get their car washed and make a donation. 

 

Mr. Gore thanked the Boy Scouts for attending and encouraged them to come back to future meetings.

 

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