CITY COUNCIL MINUTES

 

NOVEMBER 1, 2007

 

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

 

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

 

OTHERS PRESENT:  Mayor Kruse, Finance Director Morehart, Law Director Aslaner, City Engineer Roush, Asst. City Engineer Palmer, Clerk Patterson

 

REPORTERS PRESENT:  Ryan Horns – Journal Tribune

 

CITIZENS PRESENT:  Kathy Young, Bill Kelly, Todd Murphy, Dot Demuth, Mary J. Frost, Deborah Groat, Chris Schmenk, Nevin Taylor

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on October 25, 2007 were approved as written.

 

ADMINISTRATIVE REPORT:  Mayor Kruse appointed Kalyn Humble as Student Member to the Parks & Recreation Commission.

 

Mayor Kruse, with the assistance of Mr. Pleasant, presented a plaque to Mr. Lane Stillings, Buildings and Grounds Superintendent, for being selected Employee of the Quarter for the City of Marysville.  Also nominated and receiving honorable mention was Police Patrol Officer Dave Miller.

 

During this last quarter (the busiest for the Buildings and Grounds Division) Lane worked 7 days a week checking the Municipal Pool each Saturday and Sunday morning, adding chemicals and making sure the pool was ready for patrons.  He came in one weekend and hand watered the uptown flowers when the watering equipment was broken, using a bucket and ladder carried to each planter.  Routinely he handles citizen complaints during and after business hours, works with community groups such as scout troops to coordinate projects in the City parks, and revises his staff's schedule of work to accommodate emergencies and special projects.  We appreciate Lane's dedication and leadership, especially during these busy summer months.

 

REPORT OF CLERK OF COUNCIL:  Clerk Patterson received a liquor permit request for Trinity Management Group Marysville LLC, dba Bostons, The Gourmet Pizza, 1099 Lydia Drive, for a D5I liquor permit, which is spirituous liquor for on premises consumption only, beer and wine for on premises and off premises in original sealed containers until 2:30 a.m.  The Police Chief had no objections.  Council had no objections.

 

REPORT OF ECONOMIC DEVELOPMENT DIRECTOR:  Mr. Phillips will give his report on November 15, 2007

 

HEARING OF CITIZENS:  No comments

 

Mr. Fogt moved to confirm the appointment of Kalyn Humble to Parks & Recreation Commission and the question put, stood:

 

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

 

Motion passed.

 

RESOLUTIONS

 

The resolution “TO ACCEPT THE CONTRACT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3032 AND DECLARING AN EMERGENCY” was presented for second reading, public hearing.  Mr. Gore moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Marshall moved to waive third reading, title only and the question put, stood: 

 

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

 

Motion passed.

 

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

 

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

 

Resolution 20-01 passed.

 

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

 

“RESOLUTION DECLARING INTENT TO APPROPRIATE PERMANENT EASEMENTS FOR A WATER RESERVOIR PROJECT” was presented for second reading, public hearing.  Mr. Reams moved to waive reading in full; affirmative voice vote was unanimous.

 

ORDINANCES

 

The ordinance “TO APPROPRIATE $575,000 FROM UNAPPROPRIATED WATER FUNDS, AUTHORIZING A TRANSFER OF $575,000 FROM THE WATER FUND TO THE WATER INCREMENTAL CAPACITY FEE FUND, TO APPROPRIATE $575,000 FROM UNAPPROPRIATED WATER INCREMENTAL CAPACITY FEE FUNDS TO PAY FOR THE RAW WATERLINE MAPLE-MAIN CONTRACT FOR THE WATER RESERVOIR, AND MODIFYING THE ANNUAL OPERATIONS BUDGET AS A RESULT OF THESE ADDITIONAL APPROPRATIONS” was presented for third reading, title only.  Mr. Reams moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 59-07 passed.

 

The ordinance “TO ACCEPT THE DEDICATION OF EASEMENTS AND PUBLIC UTILITIES FOR SHEPHERD’S LANDING AND DECLARING AN EMERGENCY” was presented for third reading, title only. Mr. Reams moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 60-07 passed.

 

The ordinance “TO APPROPRIATE $4,863.23 FROM UNAPPROPRIATED GENERAL FUNDS FOR CITY SAFETY EXPENSES FOR THE ANNUAL COUNTY HEALTH FAIR, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THESE EXPENDITURES” was presented for third reading, title only.  Mr. Marshall moved to pass the legislation and the question put, stood: 

 

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

 

Ordinance 61-07 passed.

 

The ordinance “TO APPROPRIATE $967,000 FROM UNAPPROPRIATED WATER IMPROVEMENT & REPLACEMENT FUNDS FOR THE FUNDING OF THE CONSTRUCTION ENGINEERING SERVICES CONTRACT FOR THE RESERVOIR PROJECT AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THIS CAPITAL EXPENSE” was presented for third reading, title only.  Mr. Gore moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 62-07 passed.

 

The ordinance “TO AMEND PART FIVE, GENERAL OFFENSES, OF THE CODIFIED ORDINANCES OF 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 ordinance “AUTHORIZING APPROPRIATION TRANSFERS AND ADDITIONAL APPROPRIATIONS, AND MODIFYING THE ANNUAL BUDGET IN ACCORDANCE WITH THESE APPROPRIATIONS” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice was unanimous.

 

The ordinance “TO AMEND SECTION 1319.05, EXTERIOR APPEARANCE OF PREMISES AND STRUCTURES, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE” was presented for second reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Gore asked if this legislation prohibited someone from pulling their car into their front yard to wash or wax it or for family gatherings.  Mr. Pleasant said the intent of this ordinance is so that you don’t pull into your front yard and leave the vehicle sit for a day or two or if it repeatedly sits in your front yard, you will be in violation. 

 

The ordinance “2008 ANNUAL APPROPRIATION ORDINANCE” was presented for first reading, title only.  Mr. Morehart explained this and the following four pieces of legislation are required for passage of the 2008 Budget.

 

The ordinance “ADOPTING AN ANNUAL OPERATING BUDGET FOR 2008” was presented for first reading, title only.

 

The ordinance “ADOPTING A CAPITAL BUDGET FOR 2008” was presented for first reading, title only. 

 

The ordinance “SETTING COMPENSATION FOR ALL CITY EMPLOYEES – 2008” was presented for first reading, title only.  Question was asked if all the salaries in this ordinance reflected a 3% increase across the board.  Mr. Morehart responded yes, with the exception of the Fire employees, which increase was set per the contract.

 

The ordinance “AUTHORIZING THE FINANCE DIRECTOR TO MAKE REQUIRED TRANSFERS AS APPROVED IN THE ANNUAL APPROPRIATION ORDINANCE” was presented for first reading, title only.

 

“AN ORDINANCE APPROPRIATING 2.694 ACRES OF PERMANENT UTILITY EASEMENT IN PROPERTY LOCATED IN THE TOWNSHIP OF PARIS, UNION COUNTY, OHIO, FOR A LOW-HEAD DAM AND DECLARING AN EMERGENCY” was presented for first reading, title only.  Mr. Roush commented that there had been no settlement yet, but Administration hopes to be in a position to withdraw this legislation at the next City Council meeting.  This area falls within Mr. Marshall’s ward.  He requested some detailed information in order to be able to share it with the neighbors in that area.  Mr. Roush will meet with Mr. Marshall to give him more information.  There will also be an open house held with the residents to allow them to ask questions, etc.   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. Pleasant  YES  Mr. Reams  YES

 

Emergency passed.

 

The ordinance “TO AMEND ORDINANCE 32-07 “AN ORDINANCE TO IMPLEMENT A SIDEWALK REPLACEMENT PROGRAM” was presented for first reading, title only.  Mr. Reams explained that this project began in 2007.  A handful of residents took advantage of this project.  This new pilot program for 2008 has been expanded to include all residents and businesses within the City of Marysville.  The program excludes new construction where sidewalks are required.  Mr. Pleasant asked about the process.  Mr. Reams said there is an application to be completed.  The project will be scored depending on whether or not you have a sidewalk.  If you are building a sidewalk in an area that doesn’t have one; you get more points depending on proximity to schools or if you are adjoining other properties that either have sidewalks or plan to build a sidewalk.  If you have an existing sidewalk, the score is based on the damage on the sidewalk and how bad it is.  Ms. Sellers asked if people were approved for sidewalks this year, will they be eligible for reimbursement of what they paid out during this year’s pilot program.  Mr. Reams didn’t know. 

 

The ordinance “AUTHORIZING THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $3,815,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF (I) PAYING THE COST OF ACQUIRING CERTAIN IMPROVEMENTS OF A SEWAGE COLLECTION SYSTEM, AND (II) CERTAIN IMPROVEMENTS OF A WATER SUPPLY AND DISTRIBUTION SYSTEM FROM THE COUNTY OF UNION, OHIO, AND RETIRING NOTES PREVIOUSLY ISSUED FOR SUCH PURPOSE” was presented for first reading, title only.  Mr. Morehart stated the County acquisition water and sewer notes mature in January.  This legislation renews those notes for another year.

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative – No report.

 

CONTINUATION OF UTILITY CLAIMS BOARD OF APPEAL HEARING (Todd Murphy)

 

Mr. Pleasant noted a letter was received from the Murphy’s stating a correction to a statement they had made at the previous meeting.  They found out that Stanley Steamer did use the water at their residence, but it was minimal. 

 

Ms. Sellers said this is a mystery as to what happened with this water.  There is no evidence that it was related to the City’s water meter.  She doesn’t feel the applicant’s bill should be reduced.  She commented that Mr. Murphy had talked with her and expressed that he was not pleased with the proceedings of the Utility Claims Board.  She said that “we as a City respect you as a resident, we respect all the residents, and we hope that your interactions with the City in the future will be more positive.” 

 

Mr. Pleasant said he is very sympathetic with the Murphy’s.  He feels his obligation is up to the meter.  He said if this had happened to him, he certainly would have expressed his dissatisfaction.  He said he cannot support a reduction of the bill at this time. 

 

Mr. Marshall moved to grant the appeal and the question put, stood:

 

Mr. Marshall NO   Ms. Sellers  NO  Mr. Fogt  NO  Mr. Pleasant  NO   Mr. Reams  NO   Mr. Gore  NO

 

Appeal denied.

 

Mr. Jason Isaacs withdrew his appeal just prior to the Council meeting.

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION (cont’d.)

 

Mr. Marshall reported on the Public Safety Committee meeting held on 10/29.  Purpose of the meeting was to update the Committee on current progress on the possible new fire station.  An evaluation was done by the architectural firm by meeting with the Fire Department staff, so they could get a feel for the types of needs that they have.  The Committee was provided with a detailed report of those needs, as well as size of bays, etc.  He pointed out that the architectural firm has a great deal of experience in building fire houses specifically.  They referenced some around Ohio that they have built, Mt. Vernon, Newark and Columbus.  A tour of those area firehouses will be held in the future.  Council will be notified of those dates.  Discussion centered on where to proceed from here.  Need to see what the financial model looks like and how the City goes about doing that, if it’s rearranging City budget money or possibly having to go the voters and ask for an adjustment of City income tax to support this.  There is a lot of work to be done on that.  There will be public input in this process. 

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 7:40 p.m.