CITY COUNCIL
MINUTES
MAY 24, 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, Mr. Gore
OTHERS
PRESENT: Mayor Kruse, Finance Director Morehart, Law Director Aslaner,
Clerk Patterson
REPORTERS
PRESENT: Ryan Horns – Journal Tribune
CITIZENS
PRESENT: Myron Gallogly,
Alan Seymour, Dennis Schulze, Bob Meeder, David
Gibson, Vic Steinfeld
APPROVAL
OF MINUTES: There being no additions or
corrections, the minutes for the meeting on May 10, 2007 were
approved as written.
ADMINISTRATIVE
REPORT: Mayor Kruse reported that the
contracts were let on Friday for the interceptor sewer for the wastewater
project. Also the contract was let for
the lift station for the pressure line going from the lift station to the
plant. The contract for this year’s
paving was also let.
Mr.
Morehart asked Council’s consideration to add
legislation to the consent calendar for a replacement traffic signal.
REPORT
OF CLERK OF COUNCIL: Clerk Patterson
reported that she had received a request for a liquor permit for 17795 Mill
Valley LLC. This request was brought
before Council last December for James Casto/Developer. This is a change of ownership from James Casto to Mr. Shital Patel and is
for the MVP Foodmart going in the strip mall at
Mr.
Gore noted there had been charges filed against one of the local bars in
Marysville just recently. When all the
liquor licenses came up for renewal in February, there were no objections by
the Police Department on this particular liquor license. He asked Ms. Patterson to see if there was
anything that can be done now to their liquor license or do we have to wait
until the February renewal. She will
check into it and get back to Council.
PLANNING COMMISSION REPORT: Mr.
Alan Seymour reported that Planning Commission met on May 7 and May 16.
·
The Final Plat for the Oaks was approved.
·
Portable storage container
regulations were discussed and a recommendation was forwarded to Council for
their agenda this evening. A definition
accompanies this
recommendation. He requested the legislation for the definition
be considered after the code change for the storage containers.
·
Adena Pointe preliminary plat – Developer asked for an
extension. It’s been a year since their
final plat was approved and the code requires that they continue to move
forward every year. They were not moving
forward with the next phase yet, so they requested an extension. The extension was granted.
·
Code Revisions. Planning Commission
is reviewing Section 1135. Districts, Establishment and
Purpose to make sure everything is up to date.
·
Design Review Board reviewed the Asian Restaurant. This is the second review for them. Changes were made as recommended. It is located in Coleman’s Crossing.
·
Reviewed plans for Liberty National Bank in City Gate. It will be a very attractive building.
Mr.
Reams asked about the next phase of Scott Farms and expressed concern for the
location of the retention pond. The
location of the retention pond is adjacent to Scott Farms, just south of where
the houses are built. He noted the
retention pond is being proposed on the piece of land that was promised for
parkland, 10/12 years ago, for that particular subdivision. It was then decided to develop further south
of there. Mr. Reams feels a commitment
was made for a park in the development for people who live out there. Mr. Seymour will review the preliminary plat
that was approved and take note of it when the preliminary plan comes to
Planning Commission.
HEARING
OF CITIZENS: No comments.
Mr.
Burke moved to add legislation to the consent calendar and the question put,
stood:
Mr.
Pleasant YES Mr. Burke
YES Mr. Reams YES
Mr. Gore YES Mr. Marshall
YES Ms. Sellers YES
Mr. Fogt
YES
Motion
passed.
RESOLUTIONS
ORDINANCES
The
ordinance “TO AMEND SECTION 1144.03, ESTABLISHMENT AND DUTIES AND
RESPONSIBILITIES, 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. Gore YES
Mr. Marshall YES Ms. Sellers
YES Mr. Fogt YES
Mr. Pleasant YES
Ordinance
29-07 passed.
The
ordinance “TO REDRAW THE ZONING DISTRICT BOUNDARIES, AR/SR, OF THE PROPOSED
GALBURY MEADOWS SUBDIVISION” was presented for third reading, public
hearing. Mr. Dennis Schulze explained
this falls under the old PUD regulations.
The engineer inadvertently drew the lines in the wrong place, so this is
needed to move the lines, then it can go back to
Planning Commission to finish the plat.
Mr. Burke moved to pass the legislation and the question put, stood:
Mr.
Reams YES Mr. Gore
YES Mr. Marshall YES Ms.
Sellers YES Mr. Fogt YES
Mr. Pleasant YES Mr. Burke
YES
Ordinance
30-07 passed.
The
ordinance “TO REZONE 1 ACRE, MORE OR LESS, PARCEL NUMBER 1110601001000, LOCATED
NEAR THE INTERSECTION OF STATE ROUTE 38 AND WALKER WOODS LANE FROM AR
(AGRICULTURAL RESIDENTIAL) TO R-1 (LOW DENSITY SINGLE FAMILY RESIDENTIAL) was
presented for third reading, public hearing.
Mr. Gore moved to pass the legislation and the question put, stood:
Mr.
Gore YES
Mr. Marshall YES Ms. Sellers
YES Mr. Fogt NO Mr.
Pleasant YES Mr. Burke
YES Mr. Reams NO
Ordinance
31-07 passed.
“AN
ORDINANCE TO IMPLEMENT A SIDEWALK REPLACEMENT PROGRAM” was presented for third
reading, title only. Mr. Burke 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
Mr. Gore YES
Ordinance
32-07 passed.
The
ordinance “TO AMEND CHAPTER 313, TRAFFIC CONTROL DEVICES, CHAPTER 333, OVI;
WILLFUL MISCONDUCT; SPEED, CHAPTER 337, SAFETY AND EQUIPMENT, OF THE CODIFIED
ORDINANCES OF THE CITY OF MARYSVILLE,
Mayor
Kruse explained that the City abides by the Ohio Revised Code if the City’s
code does not empower the Administration to make changes. Up to this point, the City has not been able
to make changes to speed limits, stop signs, etc. This legislation will empower Administration
to make changes. Mr. Gore stated from
the language above, Council did/does have the authority to make changes via a
resolution. Mayor Kruse said if that’s
the case, does Council want all traffic changes brought before them for action
or do they want the Administrator to do it upon the recommendation of the
Police Department, Fire Department or whoever deems there is a hazard
there. Mr. Gore said he’s not sure he’s
comfortable with the Administrator making decision for all traffic
changes. Mr. Aslaner
said there is a section of the code that gives the Director of Administration
authority to regulate traffic. He
believes this proposed amendment is meant to reconcile this language with the
existing language in the other section.
Mr. Gore proposed tabling this legislation until date certain until Mr. Aslaner has a chance to research the code. Mr. Gore moved to postpone to
date certain, June 14, 2007 and the question put, stood:
Ms.
Sellers YES Mr. Fogt YES
Mr. Pleasant YES Mr. Burke
YES Mr. Reams YES
Mr. Gore YES Mr. Marshall
YES
Motion
passed.
Mayor
Kruse said Council should consider where the powers lie to take care of what
might be an imminent danger to life, health and safety in the community.
Mr.
Fogt stated the City has to go by the Ohio Revised
Code. Mr. Aslaner
said not necessarily. The City looks to
the Ohio Revised Code for guidance. The
City does have the authority by Home Rule power to deviate from the Ohio
Revised Code guidelines.
Mr.
Fogt noted Section 313.11A, No Right Turn on
Red. He pointed out that the light at
the swimming pool has been on flashing red for six months and there is a “No
Turn on Red” sign posted. He suggested
removing the sign or covering it up once the pool season is over this
year.
An
ordinance “TO APPROPRIATE $88,300 FROM UNAPPROPRIATED STREET FUNDS FOR PAVING
OF CITY PARKING LOTS, 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. Gore moved to pass the legislation and the question put, stood:
Mr.
Fogt YES Mr. Pleasant
YES Mr. Burke YES
Mr. Reams YES Mr. Gore
YES Mr. Marshall YES Ms. Sellers
YES
Ordinance
33-07 passed.
“AN
ORDINANCE TO ACCEPT THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 114.007
ACRES IN PARIS TOWNSHIP, UNION COUNTY TO THE CITY OF MARYSVILLE,
The
ordinance “AMENDING ORDINANCE 89-06 SECTION 4 (PAY POLICIES) AND SECTION 5
(BENEFIT POLICIES) OF THE CITY OF MARYSVILLE POLICIES AND PROCEDURES MANUAL”
was presented for first reading, title only.
Mr. Morehart explained that someone has to be
on call 24/7 in Water and Wastewater Divisions.
This stand-by pay compensates that individual for being on call on
weekends and holidays for two hours.
This will allow that responsibility to be rotated within the Divisions.
The
ordinance “TO AMEND SECTION 1139.05, TEMPORARY BUILDINGS, OF THE CITY OF
MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading, title
only. Mr. Seymour explained that this
issue was brought to Planning Commission by the City Planner due to some issues
in the City. This will prevent portable storage
containers from sitting on residential property for an extended period of
time.
Mr.
Fogt questioned the need for a zoning permit to place
one of these units on residential property.
Mr. Seymour stated that is the administrative approach to formalizing
their entitlement to a PODS (Portable On Demand
Storage) on their property. The concern
is that if there isn’t some legislation that puts some ruling in there, then
they abuse the privilege. That’s been
the experience recently. This
legislation will enforce the fact that the storage unit must be temporary. He cited an example; someone’s son left and
the building was used to store all of his belongings
and he was gone for over a year. There
was no legislation in place to take correction action.
A
Public Hearing will be held on June 28, 2007 at 7:00 p.m. in Council Chambers.
The
ordinance “TO AMEND SECTION 1123.01, DEFINITIONS, OF THE CITY OF MARYSVILLE
PLANNING AND ZONING CODE” was presented for first reading, title only. Mr. Seymour explained that this clarifies the
storage containers that are referred to in the legislation above. Mr. Fogt asked if
this would apply to garbage dumpsters? Mr. Seymour stated
that’s where the definition is important.
This has to do with storage of household goods or construction
materials. He noted if there is a
demolition and there is inactivity for a period of time, it attempts to address
this as well. He said this pertains to
enclosed facilties under lock and key. An open container would not apply. Mr. Marshall asked Administration if it would
be possible for the City Planner to attend the Public Hearing on June 14th
in order to address any concerns.
A
Public Hearing will be held on June 28, 2007 at 7:00 p.m. in Council Chambers.
The
ordinance “TO APPROPRIATE $25,000 FROM UNAPPROPRIATED GENERAL FUNDS FOR THE
REMOVAL AND INSTALLATION OF A TRAFFIC SIGNAL AT NORTH MAPLE AND AMRINE MILL
ROAD, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS EXPENDITURE”
was presented for first reading, title only.
Mr. Morehart explained that the existing pole
keeps sinking, causing a safety issue.
Also, the controller is so antiquated that it cannot be programmed to
change its function for various school times and functions.
Mr.
Marshall moved to waive second reading, public hearing and the question put,
stood:
Mr.
Pleasant YES Mr. Burke
YES Mr. Reams YES
Mr. Gore YES Mr. Marshall
YES Ms. Sellers YES
Mr. Fogt
YES
Motion
passed.
Mr.
Gore moved to waive reading in full; affirmative voice vote was unanimous.
Mr.
Marshall moved to waive third reading, title only and the question put, stood:
Mr.
Burke YES Mr. Reams
YES Mr. Gore YES
Mr. Marshall YES Ms. Sellers
YES Mr. Fogt YES
Mr. Pleasant YES
Motion
passed.
Mr.
Burke moved to pass the legislation and the question put, stood:
Mr.
Reams YES Mr. Gore
YES Mr. Marshall YES
Ms. Sellers YES Mr. Fogt YES
Mr. Pleasant YES Mr. Burke
YES
Ordinance
34-07 passed.
A
Joint Planning Commission/City Council Meeting will be held on Thursday, June
21, 2007 at 7:00 p.m. in Council Chambers.
Mr. Seymour and Mr. Pleasant will work on the agenda.
COMMENTS
OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION
1. Parks & Recreation
Representative –
Mr.
Marshall reported that the 5-Year Capital Improvement Plan was approved by the
Commission.
Concerts
in the Park will begin on Sunday, June 10.
Entertainment is listed in the Parks & Recreation Newsletter.
Mr.
Pleasant complimented Steve Conley and Administration on a nice Parks &
Recreation newsletter.
Mr.
Burke reported on a recent Uptown Renewal Meeting. They are working through their goals for the
year. They are working with an Uptown
façade rendering to give business owners an idea of what they can potentially do. A follow-up survey will be done on the
businesses in the Uptown area after the Third Friday’s to get an idea of how to
improve those events. Friday Nights
Uptown begins on June 13th.
Uptown is working with the farmers to help promote the Farmer’s
Market. Also working
on the possibility of having a Santa’s house rebuilt for the holiday season. Group is working on General Beightler’s plaque and the mural uptown.
Mr.
Burke thanked fellow Council Members and Administration for their work on the
Sidewalk project.
Mr.
Reams noted with the Ward Council elections coming up this year, Council should
consider setting salaries for elected positions prior to the filing
deadline. He noted salaries had only
been adjusted once in the last 20 years.
Public Affairs should look at this issue. He noted salary surveys and comparisons had
been done and reported in Cities and Villages Magazine.
Mr.
Pleasant reminded everyone of Memorial Day Ceremonies. 9:00 a.m. at the bridge, parade starts at
9:30 and 10:00 at the Cemetery.
ADJOURNMENT: There being no further business to come
before Council, the meeting adjourned at 7:45 p.m.