CITY COUNCIL MINUTES

 

NOVEMBER 15, 2007

 

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

 

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

 

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

 

REPORTERS PRESENT:  Ryan Horns – Journal Tribune

 

CITIZENS PRESENT:  Alan Seymour, Justin Hogan, Deborah Groat, John Wirchanski, Kathy Young, David E. Cook, Ron Rhodes, Eric Phillips

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the 2008 Appropriation Budget Public Hearing were approved as written.

 

There being no additions or corrections, the minutes for the meeting on November 1, 2007 were approved as written.

 

ADMINISTRATIVE REPORT:  Ms. House reported that the Annual Christmas Walk in Uptown Marysville is scheduled for Monday, November 26th from 5:00 to 8:00 p.m.  The lighting of the City Christmas tree will take place at 6:00 p.m.

 

REPORT OF CLERK OF COUNCIL: 

The Clerk received notice from the Liquor Control Board that all permits to sell alcoholic beverages will expire on February 1, 2008.  In order to maintain permit privileges, every permit holder must file a renewal application.   The legislative authority has the right to object to the renewal of a permit and request a hearing.  I checked with Chief Golden and he has no objections to the renewal of permits for any of the existing Marysville establishments.  Council had no objections.

 

The Clerk handed out documents to Council regarding variations from the approved preliminary development plan for the Oaks Subdivision.  Per Section 1145.18 of the Planning and Zoning Code, I am to report to Council any variations that come from Planning Commission.  After review of the information detailing the variations, Council may, by ordinance, disapprove the variations and require the applicant to submit a revised preliminary development plan consistent with the provisions of Chapter 1145.  If no legislation to review the reported variations is placed on the agenda for the next regularly scheduled City Council meeting following the meeting in which the Clerk reported the variations, then the variations previously approved by Planning Commission are deemed approved by City Council.

 

Information distributed to Council for their review is as follows:

 

·        Copy of Section 1145.18; a letter from Page Engineering, along with a sketch, indicating requested changes.  The variations consist of street lighting changes: 1)  Entrance street light at the corner of SR 38 and Royal Oak Drive.  Remove the first light on the north side.  Mr. Gallogly is going to have lighting on his two stone entrances.  2)  Intersection at Shadow Oak Bend and Royal Oak Drive.  They want to move the light at the southwest corner across the street and eliminate the light at the end of Royal Oak Drive stations 10 & 20.  They feel there is too much lighting at this intersection.  3)  They want to eliminate the light at stations 4 & 11 Shadow Oak Bend. They feel the lighting is excessive at the cul-de-sac.

 

·        Minutes of the Planning Commission where this issue was discussed on November 5th.

 

·        Letter to Mr. Gallogly from City Engineer Roush.  Mr. Roush explained that his letter addresses sidewalk locations, etc.  It was a letter of clarification to Mr. Gallogly that as he chose to develop the subdivision, there would be some trees that would probably have to be removed as part of the normal course of constructing the subdivision, in that the jurisdiction at this point, since the plans have already been approved, is with the Engineering Division for inspection to make sure they are built according to the plans, and also to point out to him that his entrance signs have to be located adjacent to the right-of-way and not inside the right-of-way.  He will have to move his stone entrance signs.  Mr. Roush said he didn’t have any objection to the street lighting relocation.

 

If Council wishes to disapprove the variations, the Clerk needs the legislation no later than Thursday, November 29th.

 

REPORT OF ECONOMIC DEVELOPMENT DIRECTOR:  Mr. Eric Phillips reported that the Enterprise Zone reports have been approved by the County Commissioners, and they will be reported to the State of Ohio by March 31, 2008.

 

This past year, 1,000 post cards were mailed out for business attraction to various companies within a 500 mile radius for the interest of locating here.  Another 1600 cards will be mailed out by the end of the year to different site selection companies throughout America.  Random phone calls are being made as well. 

 

Port Authority legislation has been received.  After Mr. Phillips reviews it, it will be coming to City Council.

 

$9,100 has been raised to leverage with the City’s funds for the revitalization of the Town Run; $3,000 from URT, $3,100 from Honda Marysville, $1,000 from Wal-mart, $1,000 from National City and $1,000 from Economic Development.  That will start the grant process and come up with a conceptual drawing of how the Town Run may look once it’s revitalized.

 

Mr. Reams asked for the status of the boulevard landscape project on Delaware Avenue. Ms. House stated that project is being handled by Brian Palmer, Asst. City Engineer.

 

REPORT OF PLANNING COMMISSION:  Mr. Alan Seymour reported on the November 5th Planning Commission meeting.  The Commission discussed the Property Owners Association guidelines, which is on Council agenda this evening.  Also discussed the street light issue for the Oaks Subdivision. 

 

Two projects came before Design Review Board.  The Board previously approved a twin office complex on 4th Street, at which time the Board requested some enhancements to the project.  The owner not only made those enhancements, but brought back a nicer project yet.  The Board is pleased with the project. 

 

Also, the Delaware County Bank came before the Design Review Board with a project linking their parking lot with Burger King parking lot.  Discussion took place regarding Frontage Road and what the outcome might eventually be on that.  This project was tabled until further information could be obtained.

 

The Cook development came before the Planning Commission as a sketch plan.  There was lengthy discussion on the plan.  The plan was tabled due to uncertainty of some items. 

 

Mr. Fogt noted the elevation of the sidewalk in front of the Delaware County Bank.  The sidewalk seems much higher than the Burger King property.  Mr. Roush said the sidewalk was put in according to normal standards.  The developer should have requested an adjustment.  It will have to be adapted to the Burger King lot.   Mr. Fogt commented that he has a concern with the new people on the block building higher than the existing neighbors. 

 

Mr. Marshall commented that as the City acquires responsibility for streets, etc, they also acquire the responsibility of paying the electric bill, which is well over $300,000 per year.  He suggested as the City continues to get development, City either doesn’t put street lights in or someone else needs to pay the bill, which is probably the homeowners associations.  That is money the City can use for other city services.   If legislation is needed to mandate that, let him know and he’ll do it.  Mr. Seymour said City Administration would have to address that as far as the City’s responsibility to the citizens and the infrastructure they provide; where do street lights fit into that. 

 

HEARING OF CITIZENS: Ms. Dorothy Liggett-Pelanda addressed Council as a candidate for Judge of Common Pleas Court.  This court presides over the entire county and is comprised of two separate divisions, criminal and civil.  She’s been a lawyer in Union County for over 26 years and has worked exclusively in the Common Pleas Courtroom in both the civil and criminal arena.  For two years, she handled the felony court for the indigent.

 

Ms. Sellers commented that she has heard great things about Ms. Pelanda’s representation of public defender work.  As far as the money spent on this compared to other counties, she said Ms. Pelanda has done it efficiently.

 

RESOLUTIONS

 

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

 

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

 

Resolution 21-07 passed.

 

“RESOLUTION DECLARING INTENT TO APPROPRIATE PERMANENT EASEMENTS FOR A WATER RESERVOIR PROJECT” was presented for third reading, title only.  Ms. House asked that this legislation be withdrawn because a settlement had been reached with the property owner.

 

“A RESOLUTION OF SUPPORT, ENDORSEMENT AND ADOPTION OF THE CITY OF MARYSVILLE WASTEWATER MASTER PLAN” was presented for first reading, title only.  Ms. House stated the Wastewater, Wastewater Master Plan Update and Water Master Plan have all been completed and presented.  In order to acknowledge that Administration should proceed ahead with implementation, they would like Council’s authorization to do so.

 

“A RESOLUTION OF SUPPORT, ENDORSEMENT AND ADOPTION OF THE CITY OF MARYSVILLE WASTEWATER MASTER PLAN UPDATE” was presented for first reading, title only.  Mr. Fogt said he was disappointed to learn that the City is not building a place to compost the sewage sludge and are still going to haul sludge to the landfill.  He thought there was a location reserved for that activity.  He would like to use the $300,000 that is proposed to be spent on trucks to haul the sludge, to do the composting and get the product so it can be land-applied at area farmers, at landscaping businesses, etc.  Columbus and Lima do it.   Mr. Reams said it was his understanding it would be more expensive to treat that as a class A residual than a Class B that we’re hauling out.  He would like a comparison of the cost prior to the next meeting.   Mr. Fogt said that Plain City has been cut off from their current landfill and are going to have to haul their trash very far away to Piqua.  They are looking for a huge increase in their cost of trash collection.  If City of Marysville keeps dumping semi-loads of sewage sludge in the landfill, that could be land-applied, he feels we’re going to pay for it in the future. 

 

“A RESOLUTION OF SUPPORT, ENDORSEMENT AND ADOPTION OF THE CITY OF MARYSVILLE WATER MASTER PLAN” was presented for first reading, title only.  Mr. Fogt said it was his understanding that the County Commissioners have had a review of this by URS Engineering.  He would like to see what they come up with before taking action on this.  Mr. Roush said he is not aware of this. 

 

ORDINANCES

 

The ordinance “TO AMEND SECTION 1146.16, SIGNS IN ER, SR, R-1, R-2, R-4 AND R-5, 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:

 

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

 

Ordinance 63-07 passed.

 

The ordinance “TO AMEND SECTION 1137.23(m), GOVERNMENT USE DISTRICT, SIGNS PERMITTED, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, title only.  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  Ms. Sellers  YES

 

Ordinance 64-07 passed.

 

The ordinance “TO AMEND PART FIVE, GENERAL OFFENSES, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE” was presented for third reading, title only.  Mr. Burke 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  Ms. Sellers  YES  Mr. Fogt  YES

 

Ordinance 65-07 passed.

 

The ordinance “AUTHORIZING APPROPRIATION TRANSFERS AND ADDITIONAL APPROPRIATIONS AND MODIFYING THE ANNUAL BUDGET IN ACCORDANCE WITH THESE APPROPRIATIONS” was presented for third reading, title only.  Mr. Marshall moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 66-07 passed.

 

The ordinance “TO AMEND SECTION 1319.05, EXTERIOR APPEARANCES OF PREMISES AND STRUCTURES, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE” was presented for third reading, title only. Mr. Reams moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 67-07 passed. 

 

The ordinance “2008 ANNUAL APPROPRIATION ORDINANCE” was presented for second reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “ADOPTING AN ANNUAL OPERATING BUDGET FOR 2008” was presented for second reading, public hearing.  Ms. Sellers moved to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “ADOPTING A CAPITAL BUDGET FOR 2008” was presented for second reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.  Ms. Sellers commented that she would like to find a way to fund police laptops this year.  One area that is subject to further scrutiny is the GIS.

 

The ordinance “SETTING COMPENSATION FOR ALL CITY EMPLOYEES – 2008” was presented for second reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “AUTHORIZING THE FINANCE DIRECTOR TO MAKE REQUIRED TRANSFERS AS APPROVED IN THE ANNUAL APPROPRIATION ORDINANCE” was presented for second reading, public hearing.  Mr. Reams moved to waive reading in full; affirmative voice vote was unanimous.

 

“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 second reading, public hearing.  Ms. House requested this legislation be withdrawn because a settlement was reached with the property owner.

 

 

The ordinance “TO AMEND ORDINANCE 32-07 “AN ORDINANCE TO IMPLEMENT A SIDEWALK REPLACEMENT PROGRAM” was presented for second reading, public hearing.  Mr. Marshall 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 $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 second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “TO CREATE CHAPTER 1110, PROPERTY OWNERS ASSOCIATIONS, TO BE PART OF THE CITY OF MARYSVILLE’S PLANNING AND ZONING CODE” was presented for first reading, title only.  Mr. Seymour explained that this legislation requires developments that chose to have property owners associations to provide information to the City so they are on record as having a property owners association.  It requires them to identify annually, April 15th, the members of the board for the associations.  As a development comes to Planning Commission and they chose to do that, this outlines the requirements of a homeowners association.  It recognizes it, establishes it, provides a process that needs to be formally set up by City Administration to receive the information and files it.  It also communicates to the property owners association what actions the City would take if they don’t conform to the maintenance requirements that they have established for themselves. 

 

Mr. Fogt asked since its called property owners association, does it include businesses also?  Mr. Seymour said it includes any development that has space that needs to be maintained, and they are identifying that that space will be maintained by a property owners association. 

 

Mr. Gore confirmed that it is a requirement that any new development will have to have a property owners association.  Mr. Seymour said it is not a requirement.  If they have common space that needs to be maintained, it is the recommendation to have a property owners association. 

 

Mr. Roush said Administration supports this because as subdivisions develop and they put in detention facilities and some common areas, there has been some question about enforceability of how to make them monitor those basins right and maintain and clean them, etc.  It is the City’s hope that as future subdivisions come in and have those kinds of common areas, that this will give City some teeth to make sure they do have the ability to maintain those facilities. 

 

Mr. Gore feels it should be required if enforcement is a concern.  Mr. Aslaner said there should be language added requiring a property owners association.  Mr. Seymour said

there was debate among Planning Commission members about this issue.  There was a mix view whether it should be a requirement or not.  The net outcome was that it would not be a requirement. 

 

Mr. Roush said he met earlier this year with the EPA regarding future stormwater rules that the City will be under.  They are going to mandate that the City makes sure that they have ability to have rules regarding the maintenance of detention facilities, in particular and that the City may have to bond homeowner associations to enforce that maintenance issue. 

 

As Mr. Aslaner was reviewing draft language, he was of the understanding that a property owners association would be a requirement. 

 

Mr. Marshall suggested that Planning Commission clarify the legislation among themselves and get back to Council at the second reading. 

 

Mr. Reams said if you don’t have restricted open space, common areas or reserves, it would not be a requirement.  Only if you have those things, would you require a property owners association.  Mr. Seymour said when you think about the zoning areas, all of them require a certain amount of green space.  Most all of them require some sort of detention or retention pond.   This was drafted with new development in mind.

 

The intent of the Planning Commission was to not make a property owners association mandatory. 

 

Mr. Gore said he would support legislation stating it’s required, rather than something that’s questionable whether it’s enforceable or not. 

 

A Public Hearing was scheduled for Thursday, December 20, 2007 at 7:00 p.m.

 

The ordinance “AUTHORIZING APPROPRIATION TRANSFER IN THE SEWER FUND AND MODIFYING THE ANNUAL BUDGET IN ACCORDANCE WITH THIS APPROPRIATION” was presented for first reading, title only.  Ms. Davies wants to transfer funds from the sludge removal line item to operational chemicals line item in wastewater.  These funds are needed to purchase odor control chemicals for the remainder of the year.  She asked for Council’s consideration to waive all readings.  Mr. Reams moved to waive second reading, public hearing and the question put, stood:

 

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

 

Motion passed.

 

Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

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

 

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

 

Motion passed.

 

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

 

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

 

Ordinance 68-07 passed.

 

The ordinance “AUTHORIZING APPROPRIATION TRANSFERS IN FIRE AND IN THE SEWER FUND AND MODIFYING THE ANNUAL BUDGET IN ACCORDANCE WITH THESE APPROPRIATIONS” was presented for first reading, title only.

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative

 

Mr. Pleasant commended Administration for flying the POW flag over Veteran’s Day.

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 7:47 p.m.