CITY COUNCIL MINUTES

 

AUGUST 23, 2007

 

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

 

MEMBER PRESENT:  Mr. Marshall, Mr. Fogt, Mr. Pleasant, Mr. Burke (arrived 7:15 p.m.), Mr. Reams, Mr. Gore     Excused:  Ms. Sellers

 

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

 

REPORTERS PRESENT:  Ryan Horns (Journal Tribune)

 

CITIZENS PRESENT:  Kelly & Sharon Dearwester, Patsy Charters, Bob Muth, Donald & Nina Noblet, Myrtle Conrad, Linda Farnlacher, Alan Seymour, Chuck & Sam Day, Dave Cook, Bill Schrader, Kathy Young, Jeff & Deb Groat

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on August 9, 2007 were approved as written.

 

Minutes should reflect Ms. Sellers as excused from the meeting on August 14, 2007, not absent.  There being no further additions or corrections, the minutes for the meeting on August 14, 2007 were approved as amended.

 

ADMINISTRATIVE REPORT:  Ms. House reported that the paving is almost complete with the exception of Grand Avenue, Park and Parkway.  Extensive work was done on those streets.

 

City anticipates bids for the reservoir in mid-September.

 

Mr. Marshall asked if the meeting on the Glacier West JEDD had been scheduled yet.  Clerk Patterson said she is in the process of scheduling the meeting for possibly September 11th or 12th.

 

Mr. Fogt asked about Scottslawn Road.  Ms. House said it will stay as is.  There is work to be done over there, so don’t want to pave it prior to the work being completed. 

 

REPORT OF CLERK OF COUNCIL:  Clerk Patterson reported that Leah Sellers had a baby girl on Sunday evening.  Her name is Lillian Elizabeth Bornino.  She weighed 7#-10 oz. and was 19” long.

 

Clerk Patterson received a request from the Liquor Control Board for a transfer of the following liquor permits, D1, D2, D3 and D3A from Lee Dog Inc., dba Lee Dogs Lockerroom to Rosemary Alderson, dba Lee Dogs Lockerroom.  Due to pending charges, the Police Department objects to the transfer.  Mr. Marshall stated he had received a call from someone who was trying to purchase the bar and asked if this transfer would interfere with the sale.  Response was no.  Mr. Gore moved to support the police recommendation to not support the transfer of the liquor license and the question put, stood:

 

Mr. Reams  YES  Mr. Gore  YES  Mr. Marshall  YES  Mr. Fogt  YES  Mr. Pleasant  YES

 

Motion passed.

 

REPORT OF PLANNING COMMISSION:  Mr. Alan Seymour reported on the Planning Commission Meeting held on August 6th.  The Commission continues to move ahead with the Homeowner’s Associations.  More material has been received, which will be reviewed by the Commission. 

 

Commission is making progress on Chapter 1135, reassessing the definitions of districts.

 

Portable storage unit legislation is on Council agenda this evening.

 

Design Review Board approved plans for Smart Oil to put a canopy over for their pumps.

 

Plans for Mill Valley Medical Center, Urgent Care, were approved. 

 

Mr. Reams asked if the medical center fit within the zoning in the area.  Mr. Seymour said that area is zoned B-1 and the medical center fits in that category.

 

HEARING OF CITIZENS:  Ms. Patsy Charters, 117 S. Maple Street, addressed Council.  She asked for clarification of an easement that she has adjoining Dave’s Pharmacy.   Due to an incident the other night, there have been some people at City Hall also expressing concern as to how Mr. Burke got permits to put his drive-thru in a 12 x 87’ perpetual easement that was let by Standard Oil in 1958, without her knowledge.  It has become a safety hazard and is very frustrating.  She asked City Council for their help in knowing which way she should go at this point.  Ms. Charters talked to Ms. Barb McCoy and was told to come to City Council.  Ms. House will investigate and get back to Ms. Charters. 

 

RESOLUTIONS

 

The resolution “TO AUTHORIZE THE CITY TO ADVERTISE AND SELL A 2000 CORVETTE” was presented for third reading, title only.  Mr. Gore moved to pass the legislation and the question put, stood: 

 

Mr. Gore  YES  Mr. Marshall  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Reams  YES

 

Resolution 13-07 passed.

 

“A RESOLUTION RECOGNIZING ACCOMPLISHMENTS OF MAJOR GENERAL ROBERT S. BEIGHTLER, NAMING FIFTH STREET IN THE CITY OF MARYSVILLE AS THE HONORARY “GENERAL BEIGHTLER WAY,” AND DESIGNING SEPTEMBER 28, 2007 AS MAJOR GENERAL ROBERT S. BEIGHTLER DAY IN THE CITY OF MARYSVILLE” was presented for second reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

The resolution “TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT TO APPLY FOR OHIO PUBLIC WORKS COMMISSION FUNDING” was presented for first reading, title only.  City would like to apply for OPWC funding for three projects.

 

“A RESOLUTION OF ACCEPTANCE OF THE STRATEGIC PLAN FOR THE CITY OF MARYSVILLE” was presented for first reading, title only.  Mr. Pleasant explained that City Council held a work session to discuss the Strategic Plan.  This resolution is in front of Council for acceptance of the Plan.  Mr. Fogt is supportive of the Vision Statement and the Strategic Objectives, but not supportive of all of the Action Steps.  By passing this legislation would imply that he is in favor of all of the Action Steps.  Mr. Gore said that Council discussed at the special meeting that everything in the Strategic Plan is tied to the Vision Statement because it is for the betterment of the community.  Also discussed was that anything in the Action Steps, if it is to become law, or if there are any changes, has to come through City Council anyway.  Mr. Gore supports the Strategic Plan as presented.  It is a living document and will continue to be reviewed and updated as we go along. 

 

ORDINANCES

 

The ordinance “TO AMEND CHAPTER 1136, HISTORIC UPTOWN MARYSVILLE DESIGN REVIEW DISTRICT, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Mr. Marshall moved to pass the legislation and the question put, stood:

 

Mr. Marshall  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Burke  YES  Mr. Reams  YES  Mr. Gore  YES

 

Ordinance 44-07 passed.

 

The ordinance “TO AMEND CHAPTER 1144, DESIGN REVIEW, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing.   Mr. Marshall 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

 

Ordinance 45-07 passed.

 

The ordinance “TO AMEND THE CROSS REFERENCES IN CHAPTER 1123, DEFINITIONS, 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:

 

Mr. Pleasant  YES  Mr. Burke  YES  Mr. Reams  YES  Mr. Gore  YES  Mr. Marshall  YES  Mr. Fogt  YES

 

Ordinance 46-07 passed.

 

“AN ORDINANCE TO ACCEPT THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 171.531 ACRES IN PARIS TOWNSHIP, UNION COUNTY TO THE CITY OF MARYSVILLE, OHIO” was presented for third reading, title only.  Mr. Bob Muth addressed Council.  After the last meeting, two meetings were held.  Administration and some of Council were in attendance at the first meeting, along with Mr. Cook and the residents of the Clark Addition.  The second meeting was attended by the Clark Addition residents and Mr. Cook.  Mr. Muth reported not much progress was made.  Mr. Cook is not willing to bear any of the costs for sewer and water.  Clark Addition residents would like to see the land used for office buildings, which appeared in the original plans, but that is subject to change.  Mr. Cook is not willing to restrict the development to only office use.  Regarding easements into the surrounding land, request that they be used only for utilities or emergency vehicles.  There was no willingness to put restrictions on that.  Residents do not want a thoroughfare through their neighborhood.  Mr. Muth requested Council to deny the annexation and redo it and come back to Council with the appropriate territory, which would include the Clark Addition.  That would mitigate their subdivision as an island issue; or alternatively, delay the annexation, draw up some development agreements as described in the letter from the attorney.

 

Mr. Marshall stated a meeting was held on August 15th.  Information was shared and the annexation process was explained.  Discussion was held as to whether it would be practical for the Clark Addition to come in with this current annexation.  It was discovered that there is no consensus or organized effort at this point for annexation within that group.  Resident concerns were discussed.  Some of these concerns will be addressed at the Planning Commission and Design Review Board.  Mr. Marshall referred to a sheet showing an estimate for utility service improvements.  He noted these numbers were based off of some numbers from several years back when the water and sewer lines would have been run in from the stub near Route 4 and would have had quite a distance to get to the Clark Addition. These numbers would no longer be accurate once the Cook property develops, because they would be bridging part of that gap. The number would be decreased.  Not all of the engineering has been done yet, so it makes it difficult to come up with an accurate cost. 

 

Mr. Fogt said that the three legal opinions from the County, City and Township all say it’s legal.  Mr. Cook’s attorney says it’s legal.  The cost of sewer and water to the Clark Addition is not near the original $700,000 that was noted a couple of weeks ago.  He would like to see the Cook’s oversize the sewer and water enough to allow the residents to tap in at a future date.  All the issues can be addressed through Planning Commission and Design Review.  He does not want to see multi-family residential in the area. He hopes the easements turn out similar to the City Gate easement that’s connected to Surrey Lane. 

 

Mr. Reams commented that the original estimate for the utilities was about $675,000.  We don’t know what the sewer would be, depending on how the Cook property develops, but the estimate for the water and the storm would be approximately the same.  If we were to assume that the sewer estimate was a third of what it was, we’re still talking around $350,000/$400,000, which is still a pretty big issue for a small neighborhood.  He would like to have seen a resolution come from the meetings. 

 

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

 

Mr. Burke  YES  Mr. Reams  NO   Mr. Gore  YES  Mr. Marshall  YES  Mr. Fogt  YES  Mr. Pleasant  YES

 

Ordinance 47-07 passed.

 

The ordinance “TO APPROPRIATE $1,062,250 FROM UNAPPROPRIATED SEWER FUNDS FOR DEBT SERVICE EXPENDITURES, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THESE EXPENSES” was presented for third reading, title only.  Mr. Marshall moved to pass the legislation and the question put, stood:

 

Mr. Reams  YES  Mr. Gore  YES  Mr. Marshall  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Burke  YES

 

Ordinance 48-07 passed.

 

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. DeLong stated this and the next piece of legislation pertain to the temporary storage containers that were previously before Council.  Mr. Marshall, Mr. Fogt, Mr. Gilman of PODS and Mr. DeLong met and reworked some of the language, which is before Council this evening.  Mr. Gilman and the Planning Commission unanimously support this legislation.  A Public Hearing was scheduled for October 11, 2007 at 7:00 p.m.

 

The ordinance “TO AMEND SECTION 1123.01, DEFINITIONS, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for first reading, title only.  A Public Hearing was scheduled for October 11, 2007 at 7:00 p.m.

 

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

          1.  Parks & Recreation Representative -   Mr. Marshall reported that Parks & Recreation met.  Parks & Recreation Commission has a vacancy to fill.  Member must reside in Ward 3.  That ward covers an area from Rt. 38 to Rt. 4 and Collins Avenue South (includes Timberview, Timber Trails, Windsor, Hickory, VanKirk).

 

Parks & Rec Commission also discussed the possible addition of soccer fields in Central Park.  Central Park is the area of land behind the Public Service Center off of Maple, along the creek.  With some cooperation from the soccer boosters, City may look into developing that land into soccer fields.

 

There is a Concert in the Park on Sunday.  Muleskinners will perform.

 

ADJOURNMENT:  There being no further business to come before City Council, the meeting adjourned at 7:32 p.m.