CITY COUNCIL MINUTES

 

JUNE 28, 2007

 

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

 

MEMBERS PRESENT:  Mr. Fogt, Mr. Pleasant, Mr. Burke, Mr. Reams, Mr. Marshall (arrived at 7:30 p.m. Attended Executive Session)

Excused:  Mr. Gore, Ms. Sellers  

 

OTHERS PRESENT:  Mayor Kruse, Finance Director Morehart, City Planner DeLong, Law Director Aslaner, Clerk Patterson

 

REPORTERS PRESENT:  Ryan Horns – Journal Tribune

 

CITIZENS PRESENT:  N. Vollwrath, Chris Davis, Don Bergwall

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on June 14, 2007 were approved as written.

 

ADMINISTRATIVE REPORT:  No report.

 

Mr. Fogt mentioned an editorial in the Dispatch about the use of Code Red.  He hopes that Code Red will be used for emergencies only.  He does not want to find out non-essential information via a phone call to his home. 

 

Mr. Fogt noted there have been at least two used cars setting at the old Country Skillet location.  He does not want that to turn into a used car lot.  Mayor Kruse will check into it and if that’s what’s happening, they will stop it.

 

Mr. Fogt asked if the City had any water restrictions planned since one well was down.  Mayor Kruse said not at this point.  The four wells that are in service are more than adequate to do what is necessary.  City is not drawing anything as far as surface water at all, which isn’t unusual.  If City has trouble with an additional well, then may have to restrict water usage.

 

REPORT OF CLERK OF COUNCIL:  Clerk Patterson reported that she received two requests for transfer of liquor permits.  One is the transfer from Castaways Bar & Grill LLC., 1107 London Avenue, SR 38 to Timberview Golf Club, Inc, same address.  The second request is from Pizza Hut of America, dba Pizza Hut, 901 W. Fifth St. to Americas Pizza Co., LLC, dba Pizza Hut, same address.  The Police Department had no objections.  Council had no objections.

 

REPORT OF PLANNING COMMISSION:  On behalf of the Planning Commission, Mr. Don Bergwall thanked City Council for a good meeting on June 21st.  Felt they got a better understanding of a lot of good topics, which will pave the way for future planning.June 4th Planning Commission meeting – Approval of Final Plat for Galbury Meadows.  This was tabled for an additional three months to allow the investors more time to review their business case situation in light of current building conditions.

 

Revision to the Preliminary Plat for Scott Farms – Section 4. -  They split Section 4 into an A & B proposal to allow a smaller distribution at one time for additional lots to be exposed.  This was tabled due to some discussion pertaining to the detention pond on that site that was going to be in property owners’ yards, and the access to that pond was awkward.  That is being reviewed with engineering.  He also pointed out that the detention pond will drain onto Gary Lee’s property, and there are some issues regarding the drainage and how that was engineered that needs further clarification.

 

Proposal for acceptance for Final Plat for Section 4 was accepted.

 

HEARING OF CITIZENS:  Mr. Chris Davis, Brookridge Development Corporation, addressed Council.  He is a construction contractor operating in Union County.  He has a problem with the construction standards for Historic Uptown Marysville.  He has worked on numerous projects in other cities and is currently working on a project in Marysville.  In reviewing, Chapter 1136, the General Statement of Uptown and looking at the Purpose being the public health, safety and welfare of the residents and visitors of the community, there are certain things that do occur during the course of construction that require immediate attention.  He cited “Projects, work and maintenance not requiring a Certificate of Appropriateness”.  It states that “an environmental change, which in the view of the zoning inspector and/or the fire chief is required for the public safety because of an unsafe, insecure or dangerous condition.”  That means that if a building has got a problem once you’ve started working on it, if something is coming down, you need a zoning inspector or fire chief to come and inspect the property.  The Fire Chief came and inspected his project.  There are certain things during the course of construction that you run into, which need attention as quickly as possible and that is mainly for the cost consciousness of the consumer, without actually affecting the appropriateness of the building, i.e., if you have wood structure on the building that needs attention, such as filling in with wood putty in order to preserve the structure.  Putting primer on that does not adversely affect the structure nor the historic value.   That has become a problem.  In trying to live by all the regulations, which are very good, there has got to be some leeway until the next board meeting occurs.   If the City is going to shut down construction until the next Appropriateness Committee Meeting, which is only once a month, there are going to be cost overruns, which then scares away the owners/investors.

 

ORDINANCES

 

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

 

Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Burke  YES  Mr. Reams  YES

 

Ordinance 36-07 passed.

 

The ordinance “TO AMEND SECTION 1139.05, TEMPORARY BUILDINGS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  City Planner, Greg Delong, addressed Council.  Since some amendments have been proposed for this legislation, he recommended that Council deny this legislation so it could go back to Planning Commission.  The purpose is just as a courtesy to the Planning Commission members since they were the ones who initiated it.  Mr. Seymour, Planning Commission Chairman, is in agreement with the recommendation to deny the legislation and start the process over again. 

 

Mr. Reams asked if the new proposal puts the responsibility for notification on the businesses or does it rely on residents waiting until they’ve had enough and calling to complain about it.  Mr. Delong stated the rules being proposed now will require a certificate being issued to the companies.  If this legislation is approved, he will do a press release, contacting all the companies.  PODS has informed him of deliveries in the community within the last two weeks.  He will receive a monthly report on the units.  The language is primarily the same, but it removes the fee and the zoning certificate requirement.  Mr. Fogt agreed with the recommendation to deny the legislation.   Council must act within 45 days and this is the cleaner way to do it.

 

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

 

Mr. Pleasant  NO  Mr. Burke  NO  Mr. Reams  NO   Mr. Fogt  NO

 

Ordinance was defeated.

 

The ordinance “TO AMEND SECTION 1123.01, DEFINITIONS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Same recommendation applies to this legislation since they go together. Mr. Reams moved to pass the legislation and the question put, stood:

 

Mr. Burke  NO  Mr. Reams  NO  Mr. Fogt  NO  Mr. Pleasant  NO

 

Ordinance was defeated.

 

“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 AND MODIFYING THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ACTION” was presented for second reading, public hearing.  Mr. Reams moved to waive reading in full; affirmative voice vote was unanimous.

 

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

 

The ordinance “TO APPROPRIATE $2,000 FROM UNAPPROPRIATED GENERAL FUNDS FOR CIVIL SERVICE TESTING EXPENSES FOR JOB RECRUITMENTS, 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 due to increased hiring activities, the expenses in the 2007 budget were exhausted.  These additional dollars should take care of projected expenditures for the remainder of 2007.  City receives dollars for fees for the application and Civil Service testing and have accumulated about $4,000 in the General Fund to help offset some of these expenditures.

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative – No report.

 

Mr. Fogt reminded everyone of the parade on the Fourth of July.

 

Mr. Reams attended the URT meeting yesterday.  It was a good meeting.  He hopes we can continue on with that and promote the Uptown.

 

Mr. Burke reminded everyone of the HEAP Program through Community Action and the Department of Aging.  These organizations not only help with heating bills, but also cooling bills and air conditioning for seniors and those in need.  The program still has dollars and is willing to assist.

 

Mr. Burke said Glacier Ridge has approached the City again with some ideas to move the project forward.  They’ve been working with Forest City.  This may be one of the last times we have to formally put something together this year on this project.  He and the Mayor have had discussions with the developers and would like to bring those concepts to Council.  A meeting is scheduled for July 12, 2007.   This will be part of the City Council agenda and will follow directly after all Council business has been taken care of.  Purpose is to present those ideas in a public forum.  Invite government officials from the County, Jerome Township and Millcreek Township to give them an idea of the thought process. 

 

Mayor Kruse does not feel it’s time for public input into this issue.  It should be a work session of Council and the Administration, with the public observing.  At some point, legislation will be required if the decision is made to go forward.  The public will have ample opportunity for comment at that time. 

 

Mr. Pleasant announced Day In the Park on Saturday, July 14 from 12:00 to 3:00 p.m.  Volunteers are needed to pass out ice cream and cook hot dogs.  Get in touch with him if interested. 

 

Mr. Burke moved to go into Executive Session at 7: 25 p.m. to discuss sale of property, seconded by Mr. Fogt and the question put, stood:

 

Mr. Reams  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Burke  YES

 

Motion passed.

 

Executive Session adjourned at 7:55 p.m.

 

Reconvened regular session at 7:55 p.m.

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 7:55 p.m.