CITY COUNCIL MINUTES

 

SEPTEMBER 13, 2007

 

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

 

MEMBERS PRESENT:  Mr. Marshall (arrived 7:10 pm), Ms. Sellers, Mr. Fogt, Mr. Pleasant, Mr. Burke, Mr. Gore       Excused:  Mr. Reams

 

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

 

REPORTERS PRESENT:  Ryan Horns (Journal Tribune)

 

CITIZENS PRESENT:  Kathy Young, Bill Kelley, Deborah Groat

 

APPROVAL OF MINUTES:  Mr. Burke asked that the minutes be amended to reflect his arrival at 7:15 be an “excused” tardy.  There being no further additions or corrections, the minutes for the meeting on August 23, 2007 were approved as amended.

 

Mr. Burke withdrew the Resolution on which he was a sole sponsor.

 

ADMINISTRATIVE REPORT:  Ms. House has reported that the City has received a conditional award for another CHIP Grant for years 2008-2010.  The grant is for $500,000 to assist with housing issues.

 

A new Assistant Fire Chief will be joining the City on October 1, 2007.  His name is James (Jay) Riley.  He currently serves in the City of Green where he has been a Lieutenant for seven years.  Prior to that, he served as a Captain of the Holmes County Fire District as a volunteer. 

 

Wastewater progress.  Work is being done along Industrial Parkway by Super Excavators.  Sewer will cross diagonally across the road, Industrial Parkway on the other side and that section will be mainly open cut up to the railroad just on the south side, then tunneled from the south side of Coleman’s Crossing.  The piping running between where the sewer will go and Industrial Parkway is the dewatering system to keep the ground underneath dry while they are digging the tunnel.

 

Mr. Gore asked for an update on the railroad crossing.  Ms. House has heard nothing.

 

Mr. Burke thanked Ms. House for her work on Adelsberger Road.  There was an issue, which Ms. House worked through.

 

Mr. Fogt reported there had been progress on the Shepherd’s Landing issues.  He asked for an update on the next step.  Ms. House said that Planning Commission will act on the plat at their October 1st meeting.  It will then come to City Council for approval on the easements. 

 

Mr. Aslaner requested an Executive Session to discuss pending litigation. 

 

REPORT OF CLERK OF COUNCIL:  No report.

 

REPORT OF ECONOMIC DEVELOPMENT DIRECTOR:  Mr. Phillips reported that the Retention Program is going very well.  They have visited 19 different businesses throughout the community.  These are major corporations.  There about 20 people in the community that are involved in these visits.  These people include community and business leaders, as well as Chamber personnel.  There have been 150 visits in Uptown Marysville.  That means nearly 250 visits county wide.  He’s pleased with the results and that the City has a great CIC committee that’s very active in doing these visits.  This committee is led by Joe Clase at the Chamber.

 

The Port Authority legislation is being drafted.

 

The Tax Incentive Review Council met last month.  They recommended continuance of most.  There is a modification, a reduction, to one of the abatements.  That will be coming before Council at the next Council meeting.  There is a requirement that it be approved within 60 days of TIRC meeting, so it must be completed by November 1, 2007.

 

There have been recent meetings about the Town Run with City staff and the business owners in the area to discuss the revitalization of the Town Run between 5th and 4th Streets.  Potential grants are being identified that are available for this project.  Messers. Gore and Marshall have agreed to serve on a committee for further discussion on September 24th. 

 

Mr. Fogt asked who owns that property?  Mr. Phillips said there are multiple property owners.  The City owns 16-1/2’, an alleyway.  National City owns where their bank is and they also own a small piece on the northwest side and a piece on the northeast side.  Then it is owned by PP, which is Englefield Oil Company on the east side, then another small piece owned by the James family where Huffman Automotive is.  Mr. Phillips said they are looking to go all the way up to the confluence point, because there may be some issues with the banks and so forth all the way up to Mill Creek.

 

HEARING OF CITIZENS:  No comments.

 

RESOLUTIONS

 

“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 DESIGNATING SEPTEMBER 28, 2007 AS MAJOR GENERAL ROBERT S. BEIGHTLER DAY IN THE CITY OF MARYSVILLE” was presented for third reading, title only.  Mr. Fogt moved to pass the legislation and the question put, stood:

 

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

 

Resolution 14-07 passed.

 

The resolution “TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT TO APPLY FOR OHIO PUBLIC WORKS COMMISSION FUNDING” was presented for second reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

“A RESOLUTION OF ACCEPTANCE OF THE STRATEGIC PLAN FOR THE CITY OF MARYSVILLE” was presented for second reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

“A RESOLUTION SUPPORTING THE REVITALIZATION OF UPTOWN MARYSVILLE AND SUPPORTING THE SUBMITTAL OF A MAINSTREET APPLICATION WITH HERITAGE OHIO WITH THE GOAL OF BECOMING AN OHIO MAINSTREET COMMUNITY” was presented for first reading, title only.  Ms. House explained this is the next step in the Uptown Revitalization Plan.  The first step was putting the plan together.  The goal is to be able to become a Mainstreet Community then follow that up with an application for CDBG funding, $400,000 grant.  Mr. Fogt stated that would require $400,000 out of the City’s budget.  Ms. House said no, however, it would require some matching money, it’s not 100%.  In-kind donations and cash can be used, as well as private sector match.  So if someone invests in a building in uptown Marysville, that can be counted towards the $400,000 match.  We do need a cash contribution of $40,000, which formula monies received can be used towards that match. 

 

The “RESOLUTION OF THE MARYSVILLE CITY COUNCIL REQUESTING THAT THE OHIO GENERAL ASSEMBLY AND THE OHIO CONGRESSIONAL DELEGATION CONTINUE TO SUPPORT THE FAMILIES OF OHIO, TO SUPPORT STRONG TRADE POLICY REGARDING INDUSTRY SUBSIDIZATION AND CURRENCY MANIPULATION BY FOREIGN GOVERNMENTS, AND TO TAKE SWIFT AND RESPONSIVE ACTIONS TO HALT OTHER UNLAWFUL BARRIERS TO FAIR AND FREE TRADE”.  This resolution was withdrawn by Mr. Burke.

 

ORDINANCES

 

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. Fogt moved to waive the reading in full; affirmative voice vote was unanimous.  A Public Hearing will be held on October 11, 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 second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  A Public hearing will be held on October 11, 2007 at 7:00 p.m. in Council Chambers.

 

“AN ORDINANCE INCREASING COURT SPECIAL PROJECTS APPROPRIATIONS TO PERMIT A PAYMENT TO THE GENERAL FUND OF THE CITY OF MARYSVILLE AS REIMBURSEMENT FOR UNANTICIPATED COURT PERSONNEL SERVICE EXPENSES, AND AUTHORIZING INCREASED GENERAL FUND APPROPRIATIONS TO ENABLE PAYMENT OF THESE EXPENSES, AND MODIFYING THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ACTION” was presented for first reading, title only.   Mr. Morehart explained that Municipal Court has a salary line item that needs to be funded.  The Judge is recommending to appropriate $12,000 out of one of his Special Projects Funds and transfer that amount into the General Fund to supplement that appropriation.

 

The ordinance “AUTHORIZING THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $2,100,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING COSTS ASSOCIATED WITH THE DESIGNING AND ENGINEERING OF THE SOUTHWEST TRUNK SEWER AND JOB READY SITE LOCATION, WITH RELATED SITE IMPROVEMENTS AND APPURTENANCES THERETO; APPROVING THE USE OF AN OFFICIAL STATEMENT RELATING TO THE NOTES, IF NECESSARY” was presented for first reading, title only.  Mr. Morehart said this is part of the JRS Grant, the preliminary phase as far as the design of the southwest trunk sewer.  City probably will not borrow that much; it will be more in the area of $1.8/1.9M range.  He requested Council’s consideration to waive a reading and passing it on an emergency basis primarily for the City to be able to meet the schedule deadlines of the JRS Grant application.  It has to be completed by May 2009.  Would like to do some of the preliminary survey work as early as next month.  Mr. Gore questioned why the emergency and waiving of reading is being requested now.  Mr. Morehart explained the process started in May or June, then signed actual application for the JRS Grant.  Went out for RFP’s and that process just concluded about a month ago.  It wasn’t until recently that they knew how much was needed to borrow. 

 

Mr. Burke asked about the matching fund portion and asked if any of this applies to those matching funds.  Mr. Morehart said City received an advance of about $350,000 and used some of that.  Most of the matching funds will be directed toward construction.

 

Mr. Fogt asked where this money comes from?  Response was the Sewer Fund.  This is new money and has not been budgeted.  Mr. Fogt noted he is still skeptical of a deep sewer.  A deep sewer is much more expensive than a sewer using lift stations and force mains.  He realizes advantages come over the years, but it’s a huge capital expense to begin with.  Mr. Pleasant stated from the information he has received and the number of cities that are using that, he would support for it for long range benefits. 

 

Mr. Marshall moved to accept the amendment, the amendment being the addition of the emergency clause and the question put, stood:

 

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

 

Motion passed.

 

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

 

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

 

Emergency passed.

 

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

 

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

 

Motion failed.

 

The ordinance “AUTHORIZING THE ISSUANCE OF TAX INCREMENT FINANCING REVENUE NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS IN THE AMOUNT OF NOT TO EXCEED $5,225,000 FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS; AUTHORIZING THE EXECUTION OF A NOTE PURCHASE AGREEMENT IN CONNECTION WITH THE SALE OF SAID NOTES; APPROVING THE USE OF AN OFFICIAL STATEMENT RELATING TO THE NOTES” was presented for first reading, title only.  Mr. Morehart explained that the City Gate TIF notes mature in December. 

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation  - No report.

 

Mr. Fogt reported that he attended the meeting regarding bike paths through a 12-county area.  It’s not a done deal; it’s just a plan that may or may not be fulfilled.  Other cities have done well.  His pet peeve is along Milford Avenue.  New school buildings are being built with no sidewalks, no bike paths, no nothing to get to them.  He feels we’ve been short-sighted in the past by not installing bike paths, and we need to get in gear within the City, as well as connecting to other areas outside the city.

 

Mr. Burke reported on the JEDD meeting.  The core item is the sewer development, trunk line, force main, combination therein – how much.  Need that dollar amount to figure out where we’re going to go. 

 

Mr. Burke will not be at the September 27th City Council Meeting; he’ll be attending the Nucor Meeting in Marion, Ohio. 

 

Mr. Pleasant congratulated Ms. Sellers on the birth of her baby. 

 

Mr. Pleasant appreciated Mrs. Groat attending the meeting and encouraged her to continue, as well as everyone else.

 

Mr. Burke moved to go into Executive Session at 7:28 p.m. to discuss pending litigation, seconded by Mr. Fogt and the question put, stood:

 

Mr. Pleasant  YES  Mr. Burke  YES  Mr. Gore  YES  Mr. Marshall YES  Ms. Sellers  YES

Mr. Fogt was inadvertently left off the roll call.

 

Motion passed.

 

Executive Session adjourned at 7:56 p.m.

 

Regular Session reconvened at 7:56 p.m.

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 7:56 p.m.