CITY COUNCIL MINUTES

 

June 14, 2007

 

 

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

 

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

 

OTHERS PRESENT:  Director of Administration House, Finance Director Morehart, Law Director Aslaner, City Planner Greg DeLong, Acting Clerk Moder

 

REPORTERS PRESENT:  Ryan Horns – Journal Tribune

 

CITIZENS PRESENT:  Lois Gruenbaum, David Gilman, Bill Kelley, Stacy Urch, Carrie Montgomery, Alan Seymour

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on May 24, 2007 were approved as written.

 

ADMINISTRATIVE REPORT:  Director of Administration House reported that the Kokosing Construction is only one week behind schedule on the construction at the Water Reclamation Facility due to cold and wet weather.  Forty four percent of the concrete has been poured or 13,000 yards of concrete.  Last Monday, a high pressure gas line near Taylor Avenue and Route 31 was mismarked and hit by one of the City’s stormwater crews.  There were no incidents but the gas service to that area was turned off.  The residents in that area were notified by our new Code Red System that it would be necessary to call to make an appointment to have their gas turned back on.  Last Saturday at the City’s annual auction, the City netted about $40,000.  The Street paving project should start within the next three weeks.  The oldest of our water wells located at the Water plant has gone down.  The EPA will mandate where we can drill a new well.

 

REPORT OF CLERK OF COUNCIL:  No report.

 

REPORT OF THE ECONOMIC DEVELOPMENT DIRECTOR:  Economic Development Director Eric Phillips asked that everyone come out and support the first Friday Night Uptown event on June 15th from 5-9 pm.  He thanked Councilman Burke for his suggestion that the Chamber, along with the BIA and the Realtors Association, put together welcome baskets and brochures for the 80 families that are relocating to the area for new positions at Cardinal Health in Dublin.  Mr. Phillips hopes that some of the families will relocate to Marysville or Union County.  He added that they in the process of updating the Economic

Development website to make it more professional to promote the community.  They are also working on testimonial postcards to mail to prospective companies that were identified in the Economic Development Action Plan.  The testimonials received from Scotts, The Phoenix Bat Company, Nestle and Doc Henderson’s all speak highly of our community.

 

HEARING OF CITIZENS:   Lois Gruenbaum explained that her concern is a retention pond that is very close to a lone house on the east side of Chestnut Street.  Mrs. Gruenbaum is worried that teens will take midnight swims, or toddler’s will fall in, endangering their lives.  She encouraged the City safeguard the retention pond.

 

Mr. Gore recognized members of the Boy Scouts in the audience that were working on one of their merit badges.

 

RESOLUTIONS

 

The resolution “TO APPROVE THE ASSIGNMENT OF THE GOODYEAR TIRE AND RUBBER COMPANY ENTERPRISE ZONE TAX INCENTIVE AGREEMENT TO EPD, INC., AN AFFILIATE OF THE CARLYLE GROUP, AND TO REPORT SUCH ASSIGNMENT TO THE OHIO DEPARTMENT OF DEVELOPMENT AND DECLARING AN EMERGENCY” was presented for first reading, title only.  Mr. Eric Phillips explained that the Carlisle Group or EPD is purchasing the Engineered Products Division from Goodyear.  Because of the change in ownership, the Enterprise Agreement requires that both the Marysville City Council and the County Commissioners approve the transfer.  The company will still be required to maintain its thresholds, including retention of 285 jobs, payroll of 14.5 million dollars and the required investment level.  EPD is planning on investing 12 to 17 million dollars to make the plant more efficient.  Although that will result in some downsizing from the current 360 employees, their employment is likely to stay at 300 or above.  EPD will retain the Goodyear name for at least 7 years.   If EPD fails to maintain the threshold requirements in the original agreement, the Tax Incentive Review Council can make recommendations to City Council and the County Commissioners to either reduce or terminate the Enterprise Zone Agreement.   Because they hope to close the deal by the end of the month, Mr. Phillips asked if Council could expedite their approval process.  Mr. Marshall stated that he is pleased that this company is remaining within the community, and he agreed to move the legislation along.  Dave Wheeland, Assistant Controller, Goodyear Engineered Products, stated that EPD has every intention in partnering with the City of Marysville as Goodyear has in the past.  Mr. Gore stated that Goodyear has always been a good partner in our community and agreed that we need to expedite the process.  Mr. Reams moved to pass the emergency and the question put stood:

 

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

 

Mr. Reams moved to waive second reading and the question put stood:

 

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

 

Mr. Gore moved to waive the reading in full and the affirmative voice vote was unanimous.

 

No Citizen comments.

 

Mr. Reams moved to waive third reading and the question put stood:

 

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

 

Mr. Gore moved to pass the resolution and the question put stood:

 

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

 

Resolution 11-07 passed.

 

ORDINANCES

 

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, OHIO” was presented for third reading, title only.  Mr. Burke explained that this legislation was tabled at the May 24th Council meeting.  Mr. Aslaner recommended that it be sent to the Public Safety Committee due to inconsistencies in our code.

 

Mr. Marshall moved to refer this issue to the Public Safety Committee and the question put, stood:

 

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

 

Mr. Marshall added that the Public Safety Committee is scheduled to meet on July 10th.

 

“AN ORDINANCE TO ACCEPT THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 114.007 ACRES IN PARIS TOWNSHIP, UNION COUNTY TO THE CITY OF MARYSVILLE, OHIO” was presented for second reading, public hearing.  Mr. Gore moved to waive the reading in full and the affirmative voice vote was unanimous.  Mr. Burke reported that Mr. Zimmerman sent a letter to Council requesting that Council waive third reading so the district can proceed forward with the construction process.  Ms. Sellers moved to waive third reading and the question put, stood:

 

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

 

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

 

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

 

Ordinance 35-07 passed.

 

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 second reading, public hearing.  Mr. Gore moved to waive the reading in full and the affirmative voice vote was unanimous.

 

The ordinance “TO AMEND SECTION 1139.05, TEMPORARY BUILDINGS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for second reading, public hearing.  Mr. Gore moved to waive the reading in full and the affirmative voice vote was unanimous.  Mr. David Gilman stated that he and his associate Adina Pelletier, are representing POD’s, Inc.  He reported that he became aware of the ordinance amendment through a recent newspaper article that reported citizens were not happy with the portable storage units because some were used for extended periods of time.  He stated that he has worked with other City’s in drafting language for legislation that prevents property owners from keeping the units on their property for extended periods of time.  He suggested a 14 day limit after which time the City could send a warning letter to the resident.  He suggested that we not require a permit because most of the units are used by people moving into the community, and they would be unaware of the permit requirement.  He feels it would be a bad first impression to require them to pay for a permit at that time.  He said that 95 percent of his customers use the POD’s in a responsible manner.  He asked that paragraphs one and two be omitted and the last sentence in paragraph three be omitted.  Adina Pelletier stated that the POD’s are mainly used for people moving, but they are also used for construction to move furniture and belongings out but still have access to those items.  That is when the units are used for longer periods of time.  She suggested a solution would be to store the filled units in their 98,000 square foot climate controlled warehouse for no additional charge.  Mr. Reams stated his concern was we would be putting the burden back on the City to enforce removal.  He suggested that the rental companies let renters know upfront that in 14 days, the unit will be picked up.  Greg Delong, City Planner, stated that we are dealing with all portable storage units, not just POD’s.  Specifically, we are writing language to give us the authority to deal with complaints about a portable storage unit that has been on South Plum for at least 5 months.  He stated there was nothing in the Code prior for temporary storage so the Zoning Inspector has no authority to deal with such issues.  Mr. Gore stated we should consider issuing the penalty to both the homeowner and the company that supplied the storage unit.  Mr. Marshall stated that he doesn’t like to see legislation proposed to regulate the exception as opposed to the general rule.  He agreed that it would be wrong to mandate permits because it would automatically make new residents utilizing portable storage units, zoning code violators.  Mr. Marshall volunteered to be the liaison between the City and the portable storage unit renters, along with Mr. DeLong to work out the language for the next Council meeting.  Mr. Fogt volunteered to work with them.  Mr. Seymour stated that the purpose of this legislation is not to create additional bureaucracy, and he wouldn’t expect the City to police the City for the units, it would only be used to deal with the abusive cases.

 

The ordinance “TO AMEND SECTION 1123.01, DEFINITIONS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for second reading, public hearing.  Mr. Gore moved to waive the reading in full and the affirmative voice vote was unanimous.  Mr. DeLong suggested that this piece of legislation be discussed with the previous one because this deals with the definition of portable storage units.  Mr. Seymour stated that we must make sure that any definitions remain broad enough to deal with all portable storage units.  Mr. Gore suggested we utilize POD’s, Inc. as an expert in the industry, and we should deal with all aspects of portable storage units.

 

An ordinance “AN ORDINANCE AMENDING 2007 APPROPRIATIONS DUE TO A CHANGE IN GRANT SPECIFICATIONS FOR THE MUNICIPAL COURT PROBATION GRANT RECEIVED ANNUALLY FROM THE STATE OF OHIO IN MODIFYING THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ACTION” was presented for first reading, title only.  Mr. Morehart explained that due to the change in grant specifications, one of the two positions funded through the grant will not be covered.  The legislation transfers money to fund that position.  It also will allow unspent funds from the grant to be used to increase the salary of the Program Director and Chief Probation Officer and to make funding available for the treatment of offenders placed in jail diversion programs.

 

An ordinance “TO APPROPRIATE $19,000 FROM UNAPPROPRIATED DUI ALCOHOL &  ENFORCEMENT FUNDS FOR THE PAYMENT OF ALCOHOL AND DRUG ANALYSIS EXPENSES, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THESE EXPENDITURES” was presented for first reading, title only.  Mr. Morehart stated that Chief Golden has identified some expenditures that can be expended from the DUI Alcohol and Enforcement fund.  This appropriation would permit Chief Golden to make those expenditures.

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

         

1.     Parks & Recreation Representative – Mr. Marshall asked that everyone support the “Concerts in the Park” this year.  The next event is Sunday, June 24th, “Trombones Plus”.

 

Mr. Reams stated that “Ten Days of Hoops” is on day four.  He feels it is a great new basketball program this year for kids.

 

Mr. Fogt stated that because his neighborhood has experienced some crime in the recent past, they are in the initial stages of establishing a “Neighborhood Watch” with the assistance of Chief Golden and Assistant Chief Nicol.  He expressed his thanks to them for all their help.  The burglar has been arrested but they want to prevent any future problems.

 

Mr. Burke invited everyone to attend the Friday Night Uptown Rib Cook Off on June 15th.

 

Mr. Burke stated they received a request to adjourn into Executive Session for discussion only to discuss Imminent litigation from City Law Director Aslaner.  Mr. Reams moved to go into Executive Session to discuss Imminent Litigation and the question put, stood:

 

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

 

Adjourned Executive Session at 7:55 p.m.

 

Reconvened regular session at 8:14 p.m.

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 8:14 p.m.