CITY COUNCIL MINUTES

 

MARCH 22, 2007

 

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

 

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

 

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

 

REPORTERS PRESENT:  Ryan Horns – Journal Tribune

 

CITIZENS PRESENT:  Lloyd Baker, Rolly Rausch, Doile Lama, Nancy Woosley, Kay Liggett, Barb Miller, Ron Miller, Ben Hale, Brian Dostanko, Aaron Underhill, Esther Carmany, Jennifer Weikart, Kenneth Cook, Flora Cook, Kristy Dearing

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on March 8, 2007 were approved as written.

 

ADMINISTRATIVE REPORT:  Ms. House reported the update from the Ohio Rail Commission regarding the 5th Street railroad crossing was sent electronically and a paper copy was put in Council’s mailbox. 

 

The Mayor has asked for Council’s approval on the reappointment of Ken Kraus to the Planning Commission, term to expire March 31, 2011. 

 

Two bid openings were held on Tuesday, one for the pump station and one for the force mains for the balance of the sewer project.  Administration was pleased with the bids.  They came in under the original estimates. 

 

Mr. Morehart asked Council’s consideration to add legislation for wastewater borrowing to the consent calendar.

 

Mr. Fogt commented that he’s extremely disappointed to hear that the PUCO has not ordered the lights and gates for the 5th Street crossing and will not do so until April.  He was of the understanding that this equipment would be ordered in November.  The railroad has one year from the date of issuance to install the lights and gates, so that means they have until April 2008 to complete the work.  Ms. House said the PUCO couldn’t issue the order until they received the paperwork from CSX, and they didn’t get that until last week. 

 

REPORT OF CLERK OF COUNCIL:  No report.

 

REPORT OF PLANNING COMMISSION:  No report.

 

HEARING OF CITIZENS:  Mr. Rolly Rausch addressed Council.  He spoke on behalf of the American Legion.  He asked for financial support for the Fourth of July fireworks.  The Fair Board is no longer involved in this event.  The American Legion is asking 50% from the business community, 25% from City Council and 25% from the County Commissioners.  They need, at the bare minimum, $1,750, but $2,000 would allow for a better show.  Mr. Morehart thought the contribution was budgeted, but will double check and let Mr. Rausch know. 

 

Mr. Fogt moved to confirm the appointment of Ken Kraus to the Planning Commission, term to expire March 31, 2011 and the question put, stood:

 

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

 

Motion passed.

 

Mr. Reams moved to add the legislation relating to the Wastewater Treatment Plant to the consent calendar and the question put, stood:

 

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

 

Motion passed.

 

Mr. Fogt moved to add the Resolution presented by Ms. Sellers to the consent calendar and the question put, stood:

 

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

 

Motion passed.

 

RESOLUTIONS

 

The “RESOLUTION SUPPORTING D.A.R.E. PROGRAM FOR THE 2007/2008 SCHOOL YEAR” was presented for first reading, title only.  Mr. Morehart explained this resolution is required for participation in the D.A.R. E. Grant Program for the 2007/2008 school year. 

 

The resolution “COMPANION RESOLUTION ORDINANCE __________ ‘TO AMEND SECTION 931 – WATER RATES OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE’” was presented for first reading, title only.  Ms. Sellers explained that she voted no on the water rate increase for three primary reasons, all related to the Malcolm Pirnie Plan’s clear statement that 85% of the infrastructure improvements were relating to new growth and only 15% were relating to the current residents.  The three reasons are: 1)  Marysville needs to update its land use planning so that we know exactly how the new growth will look and then properly plan for it.  We’ll then have a better understanding of how it’s actually going to benefit our current residents, 2) The Malcolm Pirnie Plan falls short in providing a business plan for how the current resident’s investment in this new growth will have a return and how we can reduce our rates and manage our debt load, so that ultimately current residents will benefit from any investment in new growth, and 3) we have not explored other financial opportunities. 

 

Second reading, public hearing, of this legislation will be held at a Special City Council meeting scheduled for Thursday, March 29th at 7:00 p.m. in Council Chambers.

 

ORDINANCES

 

The ordinance “TO APPROPRIATE $2,340 FROM UNAPPROPRIATED STREET FUNDS FOR EXPENSES ASSOCIATED WITH A DONATION FROM THE SCOTTS MIRACLE-GRO COMPANY, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THE DONATION EXPENSES” was presented for third reading, title only.  Mr. Fogt moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 15-07 passed.

 

The ordinance “TO REPEAL ORDINANCE 22-92, REORGANIZING THE EMERGENCY MEDICAL SERVICE ADVISORY BOARD, AN OFFICIAL COMMITTEE 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. Marshall  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Burke  YES  Mr. Reams  YES

 

Ordinance 16-07 passed.

 

The ordinance “TO AMEND ORDINANCE 99-06 “SETTING COMPENSATION FOR ALL CITY EMPLOYEES – 2007” was presented for second reading, public hearing.  Mr. Reams moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Fogt stated this only affects lifeguards at the swimming pool.

 

“AN ORDINANCE TO AUTHORIZE AND DIRECT THE MAYOR OF THE CITY OF MARYSVILLE TO EXECUTE AND SIGN A PETITION ON BEHALF OF THE CITY OF MARYSVILLE, UNION COUNTY, OHIO TO BE PRESENTED TO THE BOARD OF COUNTY COMMISSIONERS OF UNION COUNTY, OHIO BY TARTAN RIDGE, LLC TO CREATE A NEW COMMUNITY AUTHORITY UNDER OHIO REVISED CODE CHAPTER 349 FOR THE BENEFIT OF WASHINGTON TOWNSHIP IN THE CITY OF DUBLIN 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. Ben Hale of Smith and Hale addressed Council representing Tartan Ridge LLC.  He’s had a lot of experience with new community authorities.  He explained that if someone wants to come into the county and form a new town, there is a three-mile rule and you have to say yes to it.  This is a similar situation.  The proximate city has to approve it.  Once this is passed, it has to go to the County Commissioners for their approval. 

 

He noted they’ve been in front of Dublin Planning Commission and City Council and have received their approval. 

 

Mr. Hale has read the law and does not see how this can conceivably have any affect on Marysville.  This is all about fire protection.  The people in that area are going to pay the fees.  It will go on their tax bill.  There is a little money in there for public improvements. 

 

Mr. Marshall spoke hypothetically.  Say 20 years from now, Marysville has continued to grow and City Council feels it would be beneficial to annex in that direction.  Does that affect the community authority?  Mr. Hale responded that a community authority is simply a way to raise capital dollars.  The only way a community authority can grow is for the underlying property owner to first of all, agree to join it.  Mr. Hale filed a Declaration of Covenants with the court house that subjects this ground to the community authority.  In order to subject any piece of ground to the community authority, the developer has to subject his ground to the set of restrictions.  If somebody else wants to do this, they have to go through this same process.  This can’t grow unless the developer agrees to do it and it can’t grow unless it comes back to Council and the Union County Commissioners.  This has no extra-territorial jurisdiction in any way. 

 

The agreement states a cap of 6.5 mils, meaning they can’t collect more than 6.5 mills ever and specific purposes are also stated.  1)  The first money that comes out of this authority that has to be used is to pay Washington Township; 2) There is a small amount of money to do some public improvements.  It’s like a homeowner’s association except it goes on their tax duplicate and you get to sell tax-free bonds when you borrow the money to do the improvements.  Those are the two main reasons why developers want to use community authorities. 

 

Mr. Burke explained why he voted no on the emergency because he sees a lot of these things getting ready to happen.  It’s one of the few options to get Mr. Hale in front of Council to talk.  Growth in that area can become a serious problem for Marysville.  Even though it doesn’t impede Marysville in and of itself, it affects the 33 Corridor and the services that Marysville offers.  The burden needs to be relieved so that we don’t go back in 30 years and ask what happened?   The problem in 30 years is Jerome Village moves forward and you’re not subjected to the Dublin tax, you’re paying county tax in Union County; it’s a bargain to live here, you’re getting a certain percentage more of your income, roads, schools, services (utilities) come and who pays for it.  We’re not going to let that happen any more. 

 

Ms. Sellers thanked Mr. Hale and Mr. Underhill for making themselves available to attend the meeting to educate Council on this issue. 

 

At the last City Council meeting, Ms. Sellers asked Mr. Underhill where they were getting their sewer. Mr. Underhill’s response was that this is all part of the Columbus service area; it’s already been preordained through the Columbus/Dublin service agreement that Columbus will provide it.  Ms. Sellers stated that if future new community authorities come before Marysville City Council, we need to know where they’re getting sewer so that we don’t have a conflict.  She had heard some time back about a fight between the County and the new community authority because the new community authority actually had sought an EPA sewer permit.  Mr. Hale stated a new community authority, if it’s in their charter, could build a sewer.  Ms. Sellers stated so there could be some tension.   Mr. Hale stated that all those cities in Franklin County that have a contract with Columbus, all of their contracts say, for both sewer and water, they are not allowed to use anything other than Columbus services. 

 

Mr. Fogt asked if there had been any money given toward or along Rt. 33 because some of that traffic will go that direction.  Mr. Hale said most of their traffic will be going south.  He noted Dublin is getting ready to spend $40M on the Post Road interchange.  They did put some money in that.  Mr. Fogt noted there will be traffic from Scotts, Nestle’s, Goodyear, etc. 

 

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

 

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

 

Motion failed.

 

Mr. Fogt asked if he could change his vote.  Mr. Aslaner said he could do it by reconsideration.  Mr. Fogt moved to reconsider waiving third reading, title only and the question put, stood:

 

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

 

Motion passed.

 

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

 

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

 

Motion passed. 

 

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

 

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

 

Ordinance 17-07 passed.

 

The ordinance “TO AMEND SECTION 931 – WATER RATES – OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE” was presented for first reading, title only.  Mr. Burke thanked Ad Hoc Committee Members and Administration for their assistance in providing additional research on this issue, as well as the community for their input.  Legislation is for a 6% increase for two years.  Various options were discussed.  The most pressing and urgent need was the reservoir.  This increase will fund that process.  Regarding the plant project, we need to work together to make growth actually fund some of these projects. 

 

Mr. Marshall stated since this issue has been dragging on for months and costing the City money all along the way, and there is a special meeting scheduled next week when a public hearing will be held on this issue, he asked Council’s consideration to waive third reading, so that a vote could be held at the special meeting.  Mr. Marshall moved to waive third reading, title only, and the question put, stood:

 

Mr. Burke agreed with what Mr. Marshall said, but felt we’re in the eleventh hour and he doesn’t want to push what’s obviously a very important issue. 

 

Mr. Marshall stated he would not be able to attend the Council Meeting on April 12th, due to business travel, thus the reason for requesting to waive third reading, so he will have an opportunity to participate. 

 

Ms. Sellers noted that Council does allow public comment, with prior permission, at the third reading for anyone who is not able to attend the public hearing.  She wants to give the public every opportunity to voice their concerns and ideas regarding this legislation, therefore, does not support waiving a reading. 

 

Mr. Reams  YES  Mr. Marshall  YES  Mrs. Sellers  NO   Mr. Fogt  NO   Mr. Pleasant  NO  Mr. Burke  NO

 

Motion failed. 

 

A Special City Council meeting will be held Thursday, March 29, 2007 at 7:00 p.m.  Individuals from Bricker & Eckler and Fifth Third Securities will be in attendance to talk about funding, bonds versus loans and various money issues.  Water needs will be discussed and a fact sheet will be made available.  Administration will be in attendance to answer questions.  Public comment will be heard.

 

The ordinance “TO APPROPRIATE $17,370 FROM UNAPPROPRIATED GENERAL FUNDS FOR RETIREMENT EXPENSES 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 that this legislation is for retirement expenses for the Deputy Clerk in the Municipal Court. 

 

“AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOT TO EXCEED $53,000,000 OF WASTEWATER TREATMENT SYSTEM REVENUE BONDS, SERIES 2007, OF THE CITY OF MARYSVILLE, OHIO, UNDER ARTICLE XVIII OF THE CONSTITUTION OF OHIO, FOR THE PURPOSE OF PAYING COSTS ASSOCIATED WITH THE ACQUISITION, CONSTRUCTION, EXPANSION, REHABILITATION AND IMPROVEMENT OF THE CITY’S MUNICIPAL WASTEWATER COLLECTION AND TREATMENT SYSTEM; AUTHORIZING A FIRST SUPPLEMENTAL TRUST INDENTURE TO SECURE SUCH BONDS AND ADDITIONAL PARITY BONDS HEREAFTER AUTHORIZED, WHICH INDENTURE SHALL PLEDGE THE REVENUES OF SAID SYSTEM; AUTHORIZING THE PURCHASE OF MUNICIPAL BOND INSURANCE OR OTHER FORM OF CREDIT ENHANCEMENT, IF NECESSARY, IN CONNECTION THEREWITH; AND AUTHORIZING A BOND PURCHASE AGREEMENT, A FEDERAL INCOME TAX COMPLIANCE AGREEMENT, AN ESCROW AGREEMENT, AND AN OFFICIAL STATEMENT APPROPRIATE FOR THE OFFERING AND SALE OF SUCH BONDS; AND DECLARING AN EMERGENCY” was presented for first reading, title only.  Mr. Morehart explained this represents the ordinance required for the borrowing for the wastewater project.  He noted these bonds are a mathematical calculation based on revenues and anticipated debt service of this additional borrowing.  The analysis requires the City to look forward at the complete structure as far as expenditures and debt service, but it’s required on the revenue side to look back twelve months, so it makes the calculation a little bit more demanding.  When looking at the calculation today, there is an issue that needs to be worked out.  He may be bringing additional legislation for a restructuring.  The total borrowing won’t be over $53,000,000, but it may be structured as bonds and notes.

 

Second reading, public hearing will be held on Thursday, March 29, 2007 at 7:00 p.m. in Council Chambers

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative -  Mr. Marshall advised that Parks & Recreation will meet on April 17th to discuss various budget issues.

 

Mr. Pleasant re-emphasized the importance of next Thursday night, 3/29/07.  He encouraged everyone to attend.  The intent is to have a fact sheet which will be distributed.  Council and the public will be given the opportunity to comment.

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 8:00 p.m.