CITY COUNCIL MINUTES

SEPTEMBER 27, 2007

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

MEMBERS PRESENT: Ms. Sellers, Mr. Fogt, Mr. Pleasant, Mr. Reams

Excused: Mr. Burke, Mr. Gore, Mr. Marshall

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

REPORTERS PRESENT: Ryan Horns – Journal Tribune

CITIZENS PRESENT: Deborah Groat, Alan Seymour, Phillip Gill, Nevin Taylor, Eric Phillips

APPROVAL OF MINUTES: There being no additions or corrections, the minutes for the Joint City Council/County Commissioner Meeting on September 6, 2007 were approved as written.

There being no additions or corrections, the minutes for the meeting on September 13, 2007 were approved as written.

ADMINISTRATIVE REPORT: Mayor Kruse reported the traffic signal is up and working at Rt. 31 and Amrine Mill Road. Timing needs to be adjusted yet. Chemcote is back in town to do some repair work on Maple Street near the bridge.

REPORT OF CLERK OF COUNCIL: No report.

REPORT OF PLANNING COMMISSION: Mr. Seymour reported on the Planning Commission Meeting held on September 4, 2007. Galbury Meadows tabled their project until February, 2008. Homeowner Association language is being reviewed. Also being reviewed is the Government District Signage and a new zoning district, Government District, which is earmarked for public parks and city/county buildings. The Commission is working on identifying what places in Marysville fits within that district.

Design Review Board met on September 11, 2007. Plans for Que Stick Café were reviewed. This is an upscale billiard facility and is a very nice looking project.

HEARING OF CITIZENS: Mr. Phillip Gill of Creekview Drive addressed Council. He discussed issues in Mill Valley Park. He was told that the project of paving the trail had been put on hold because of the reservoir project due to start next year. The road back to the park was all dust, all summer long, which was a mess. He talked to Mr. Marshall about the problem. Mr. Marshall got in touch with Ms. Davies, who ordered some dust free gravel. That has really made a difference. There have been a lot of incidents in the park lately. There used to be a gate or chain across the road when the park was closed. There is none now. Things are going on in the park late at night that shouldn’t be allowed. Also, there are no speed signs in the park. Mr. Gill feels some sort of protection is needed for the safety of the kids. He also noted dumping of animals and trash is bad along the wooded area, along side the road. Need some “no dumping” signs in the park. Mr. Pleasant will get with Administration and Mr. Marshall to see if they can address some of these issues.

RESOLUTIONS

The resolution “AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT TO APPLY FOR OHIO PUBLIC WORKS COMMISSION FUNDING” was presented for third reading, title only. Ms. Sellers moved to pass the legislation and the question put, stood:

Ms. Sellers YES Mr. Fogt YES Mr. Pleasant YES Mr. Reams YES

Resolution 15-07 passed.

“A RESOLUTION OF ACCEPTANCE OF THE STRATEGIC PLAN FOR THE CITY OF MARYSVILLE” was presented for third reading, title only. Mr. Reams moved to pass the legislation and the question put, stood:

Mr. Fogt NO Mr. Pleasant YES Mr. Reams YES Ms. Sellers YES

Resolution defeated.

“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 second reading, public hearing. Mr. Reams moved to waive reading in full; affirmative voice vote was unanimous. Mr. Fogt asked if this included the hiring of a full-time person to oversee the downtown functions. Mr. Phillips said there is a requirement that staffing is part of the application. In some communities, you can count staff time that you currently have towards that application. That is what Marysville will be doing. There are no plans to hire a downtown manager at this time.

“A RESOLUTION TO APPROVE THE CONTINUANCE OF ENTERPRISE ZONE TAX INCENTIVE AGREEMENTS WITH VARIOUS COMPANIES AND TO REPORT SUCH FINDINGS TO THE OHIO DEPARTMENT OF DEVELOPMENT” was presented as first reading, title only. Mr. Phillips explained that this resolution is a process we go through every year. A Tax Incentive Review Council reviews all the tax abatements in existence. These agreements are brought back every year for continuance, termination or modification to City Council, then on to the County Commissioners. It is then reported to the Ohio Department of Development. The Tax Incentive Review Council met on August 24, 2007, made a recommendation for continuance of Big Blue Ltd., Frankie’s Wood Products, Goodyear 1, Goodyear 2, ICP (Industrial Ceramics Products), Scotts Company and HLA. They found that these companies had satisfied the agreements that were originally approved by the City of Marysville and Union County. Mr. Phillips noted three abatements will be ending next year.

“A RESOLUTION TO APPROVE AN AMENDMENT TO THE ENTERPRISE ZONE AGREEMENT BETWEEN THE CITY OF MARYSVILLE, UNION COUNTY, AND BDKM, LTD. AND PREMIER PRINTING OF CENTRAL OHIO, LTD. AND AUTHORIZING THE MAYOR TO ENTER INTO SAID AGREEMENT” was presented for first reading, title only. Mr. Phillips said this Agreement was reviewed and it was determined by the Tax Incentive Review Council that since the company had not satisfied the job creation and the payroll for the last few years, it was recommended that it be reduced. TIRC suggested going back to the EDIP, Economic Development Incentive Policy, and review thresholds for that. The EDIP states that a company of this size, with the jobs and the payroll, 45% level would be acceptable, and that’s what TIRC based their decision on. The recommendation is for this Agreement to be modified by reducing it 10 percentage points, from 55 to 45. This has to be approved by City Council and the County Commissioners. Mr. Phillips, Mr. Morehart and Mary Snyder, County Auditor, met with Mr. Behrens, owner of Premier Printing, to notify him of the modification. This reduction will be effective for the entirety of the agreement, which goes through 2010.

Mr. Reams asked how long is this 45% for? Mr. Phillips said the original abatement was 65% for the first five years, 55% for the last five years. The Economic Development Incentive Policy recommends for a company of this size, 45% with the investment level for seven years. Mr. Reams asked why it wasn’t decided to go forward with two more years. Mr. Phillips said the general feeling of TIRC was the company had made an effort to create new jobs and investment in the community. He noted in the first few years of the Agreement, they actually satisfied some of the requirements. There is a three-year grace period. After that grace period, they had satisfied the annual payroll for two years. It’s only the last three years they haven’t satisfied it. It was discussed that the company had made its best effort for the employees, payroll and investment those first years, and to not penalize them for what they haven’t satisfied; instead just reduce it to 45% instead of reducing the term. Mr. Reams asked if new targets were set with the amendment. Mr. Phillips said thresholds were not changed. It will be reviewed next year based on the original thresholds.

Ms. Sellers asked if the company has plans for creating new jobs. Mr. Phillips said they have lost a large portion of their business due to a sell of a local newspaper, Delaware, which has reduced their amount of work. There is a possibility that they could either be staying the same, or potentially have a reduction in workforce.

ORDINANCES

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

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 AND DECLARING AN EMERGENCY” was presented for second reading, public hearing. Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.

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

The ordinance “TO APPROPRIATE $152,526 FROM UNAPPROPRIATED GENERAL FUNDS FOR A TRAFFIC STUDY FOR THE CITY OF MARYSVILLE, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THIS EXPENDITURE” was presented for first reading, title only. Public Service Committee met to discuss this issue. Mr. Gore and Mr. Reams agreed to sponsor this legislation to appropriate the necessary dollars for the traffic study. Mr. Reams said this is a proposal for a detailed traffic study in a lot of the areas. This study is needed for looking at impact fees and also to deal with specific traffic problems.

The ordinance “TO APPROPRIATE $5,000.00 FROM THE UNAPPROPRIATED DUI INDIGENT DRIVERS’ TREATMENT FUND FOR TREATMENT SERVICES FOR INDIGENT DRIVERS 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 said that Judge Grigsby has requested this appropriation for treatment programs.

The ordinance “AUTHORIZING APPROPRIATION TRANSFERS IN STREETS, SANITATION AND STORMWATER FUNDS AND MODIFYING THE ANNUAL BUDGET IN ACCORDANCE WITH THESE APPROPRIATIONS” was presented for first reading, title only. Mr. Morehart said he recognized some shortages in three funds that need to be addressed now versus later in the fall. The proposed transfers will take care of these shortages.

The ordinance “TO APPROPRIATE $220,000 FROM UNAPPROPRIATED WATER 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 first reading, title only. Water Bonds will be issued next month to begin the process for the water reservoir, so there will be some additional debt service that will need to be paid in November and December. When the 2007 budget was put together, the initial plan was to go with notes, and then there wouldn’t have been any debt service this year. Mr. Fogt asked if the full $22M was needed. Mr. Morehart didn’t think so. He felt it may be closer to $20M. Some dollars may be appropriated from the Water Fund, which will reduce the borrowing amount.

The ordinance “TO ACCEPT DEDICATION OF PARK LAND IN SCOTT FARMS FROM M/I HOMES OF CENTRAL OHIO” was presented for first reading, title only. Mayor Kruse said this legislation and the next piece of legislation officially accepts park land that has been set aside some time back.

Mr. Reams asked if these were actually parks or just green space. He said several years ago Parks & Recreation made a decision in terms of not accepting very small parcels unless they are actually usable. Some of these detention/retention basins have not been accepted and have been left as the responsibility of the Homeowner’s Association. He asked if these would be better left to the homeowners as opposed to the City taking them. Mayor Kruse didn’t think so, but couldn’t definitively answer the question. He’ll check and get back to Mr. Reams at the next meeting. Mr. Fogt agreed with Mr. Reams. One area is just a strip along the entry road and is a buffer against the older homes. He feels it’s a burden to the City to have to mow it. Mr. Fogt questioned an existing playground in the subdivision and asked if that was going to be dedicated? Mayor Kruse will find out and get back to Council.

The ordinance “TO ACCEPT DEDICATION OF PARK LAND IN THE WOODS AT MILL VALLEY” was presented for first reading, title only. Mr. Reams asked if this is the section that will connect just north of Mill Valley Park, north of the gravel parking lot mentioned earlier? Mr. Gill responded that he thought it was.

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

1. Parks & Recreation Representative. Clerk Patterson reported on the latest meeting. 5-year Capital Plan was amended to include expenses for a new baby pool in 2008. Also, dollars were moved from the trail and parking lot project in Mill Valley Park Central to Central Park to build soccer fields.

Mr. Fogt said walking trails have been constructed in Greenwood Park. The tiling has taken care of the water issues. He has seen some vehicles driving on the trails. He will talk to Mr. Conley about that. Also, he feels there needs to be a street light in the parking area.

Mr. Reams received a question from a neighbor about his water bill. He signed up to have his bill debited from his checking account each month. He asked why he still receives a bill in an envelope with a return envelope. He would be happy just receiving an email statement. Mr. Morehart said they are looking into that. A third party does the billing and it would be hard and more costly to separate the 400 electronically billed customers from the other customers and remove the return envelopes. Mr. Morehart also said most residents want to know what their usage is.

Mr. Pleasant said that he received the proposed 2008 budget for Union County Joint Recreation.

Also, the Finance Committee met with the auditors on Monday. Audit findings are as follows: There was no material non-compliance. There were no material weaknesses. There were no reportable conditions. There were no instances of federal non-compliance. There were no federal reportable conditions. There were no management comments regarding internal control. The only non-compliance was under Ohio Revised Code. It appeared to be very minor.

Mr. Pleasant said the Auditors did a nice job of explaining the audit findings. It looks as if the City’s finances are being well kept, which is appreciated.

Mr. Fogt said it’s a very clean audit; the cleanest one he’s seen since he’s been on the Committee.

Mayor Kruse said the audit is much in line with the kind of response received from the rating agency in Chicago. They were very impressed with the way the City is managed. Because of that, City received favorable recommendations on bond rating.

ADJOURNMENT: There being no further business to come before Council, the meeting adjourned at 7:42 p.m.