CITY COUNCIL MINUTES

 

DECEMBER 6, 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. Gore  EXCUSED:  Mr. Reams

 

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

 

REPORTERS PRESENT:  Ryan Horns – Journal Tribune

 

CITIZENS PRESENT:  Glenn Hockstetler, Bill Kelley, Steve Pagura, Deborah Groat, Alan Seymour, John Wirchanski, Eric Phillips, Nevin Taylor

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on November 15, 2007 were approved as written.

 

ADMINISTRATIVE REPORT:  Mayor Kruse shared a memo he received from the residents in the 600 block of Wedgewood Drive.  They commended the Street Department crew for doing a great job of clearing the snow from the streets and cul-de-sacs.  Mr. Marshall said he had heard compliments as well.

 

REPORT OF CLERK OF COUNCIL:  No report.

 

REPORT OF ECONOMIC DEVELOPMENT DIRECTOR:  Mr. Phillips said there will be a meeting on December 17th, 8:30 a.m. at the Chamber office to discuss the Town Run Revitalization project.  He invited Council members to attend.

 

HEARING OF CITIZENS:  No comments.

 

RESOLUTIONS

 

“A RESOLUTION OF SUPPORT, ENDORSEMENT AND ADOPTION OF THE CITY OF MARYSVILLE WASTEWATER MASTER PLAN” was presented for second reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

Mr. Glenn Hockstetler addressed Council.  He represents the business owners and the Industrial Parkway Association down along Industrial Parkway, which is a Chapter of the Union County Chamber.  He is a business owner and home owner in Union County and Jerome Township.  He presented a document to Council in which he had collected 55 business owner signatures.  Language on the petition/document read as follows:  “As business owners located along the Route 33 Corridor, we request that the City of Marysville remain as the service provider.  The City of Marysville is our current service provider and it is our desire for it to remain that way.  As property owners and business owners located along this developing corridor, we can be part of a regional solution.  Jerome Township, with Marysville’s services, will continue to be a major part of Union County’s success.  We look forward to continuing our partnership with Marysville and Union County.”

 

In 2005, the Chamber did a census in this area, and at that time, there were over 170 businesses, over 2,000 employees, that are being served by water and sewer.  Today there are well over 200 businesses that are being served.  With the vacant land, there is potential for many times that expansion.  As business owners, they feel that it’s important to let Marysville know what their stance is and appreciate what Marysville is doing for them and would like for it to continue.

 

In the past, representatives from the City of Marysville have attended meetings in order to keep the business owners updated and would like that to continue.  Mr. Hockstetler said the next meeting of IPA (Industrial Parkway Association) will be held next Thursday, 12/13, at 8:00 a.m. at Made From Scratch.

 

Mr. Steve Pagura of the IPA addressed Council.  He’s been developing along Industrial Parkway for the past 10 years and has enjoyed being serviced by Union County and Marysville with the water and sewer.  He has heard rumors that things might change.  He wants Marysville to look at all the numbers and any reasoning for that change.  He enjoys the relationship and hopes it continues. 

 

Mr. John Wirchanski addressed Council.  He owns Hall’s Corner and has since his grandfather, Lawrence Hall, passed away.  The Hall’s, Latimer’s and Gorden’s have owned Hall’s Corner since the 1830’s, and have cleared it, farmed it and improved it.  The Gorden’s and Latimer’s were among the founders of Jerome Township in Union County.  Two years ago he contracted with Duke Realty to develop a portion of Hall’s Corner for a retail center.  Three reasons for developing the property; to create a development that his family could be proud of while his mother and father are still living; to find a developer who will work in the best interest of the township, county and city; to increase the retail tax base of the area to pay for services for residents in the area.   This is a $39M project that will set the tone for future developments in the area.  Duke’s plan has passed Planning and Zoning and Trustees in the township.   They are ready to begin except for the provision of sewer and water.  Before Marysville purchased the system, Union County extended lines down to 161 so it could serve the area.  The lines are still there.  This land will bring in the biggest tax base and impact fees for the future. 

 

Mr. Wirchanski understands there are significant budget issues in Marysville.  He heard that Mayor Kruse had agreed to sell the water and sewer lines south of 42 to Dublin.  Mr. Wirchanski feels this would be a big mistake and a disservice to residents.  At a recent meeting of the IPA, the feeling was unanimous against any such sale.  No one in the area was contacted about negotiations or a possible sale.  He feels they deserve better after being here this long.  Many feel the whole idea of the sale is a personal vendetta against Jerome Township.  He understands there will be significant upgrade costs, most of which will be shouldered by the developers. 

 

He feels this is a common-sense issue.  One does not sell off thousands of acres of land for a quick buck and give up the potential for years of income.  The people of Marysville will be the beneficiaries of the income.  Duke Realty is looking forward to working out tax sharing agreements or whatever financing the City prefers, “if only someone would listen.” He noted sewer tap fees are going to be $900,000 for half of his acreage.

 

The Hall’s Corner development, the Jacquemin and Skilken properties all have zoning and are waiting for water and sewer.  Skilken is close to an agreement for service from Dublin, but would rather remain with Marysville.  Dublin realizes the profit potential.  He asked Council to delay approval in endorsement of the Wastewater Study and Update until the peer review, which was issued two weeks ago, has been reviewed by everyone.   He was told the Union County Engineer is organizing a team to develop a comprehensive solution to the issues.  Approval of the Master Study would be premature at this time.

 

Mr. Gore stated he is a co-sponsor of the legislation dealing with the Wastewater Master Plan, the Wastewater Plan Update and the Water Master Study.  He noted the Plans have been here for a while and feels it could be delayed in order to let the new Administration determine if that’s the direction they want to go.  He proposed tabling the legislation until after the first of year. 

 

Mayor Kruse made a correction to a comment made by Mr. Wirchanski.  He has not agreed to sell the water and sewer systems to anyone.  He has opened discussions in order to look at every avenue available to make sure the City is doing the right thing with Marysville’s resources.  The people of Marysville have put huge money into these systems, and the question that arises is, does it make sense and is it in the best interest of the people of Marysville to expand our participation in that area.  City needs to pursue all options that may be available and evaluate them. 

 

Mayor Kruse said he understands if Council wants to delay adopting the Plans, but added that the City spends a great deal of money for these Plans, and the parameters that are laid down to the consulting companies that do the Plans are based on what’s best for the City of Marysville.  Someone else may have different priorities, and if they were doing the study, would lay down different parameters, and their outcome would be in conflict with the outcome that the City has come to with this process.  He feels a study done by the County as to what City of Marysville does with their water and sewer system is irrelevant.  County will look at issues totally different than City would.

 

Mr. Gore stated that he is not delaying the legislation because of the County’s review.  He wants to delay it in order to let the new Mayor decide what direction she wants to go.  He added that he had heard there was a hand-shake deal with City of Dublin on water and sewer; he wasn’t there so he doesn’t know if it’s true or not, but the bottom line is that this is Union County, it’s the City of Marysville and one of the reasons why we built such a large wastewater treatment plant is to be able to accommodate growth, and if that means staying within our County, then we stay within our County. 

 

Mayor Kruse said you have to keep in mind, does it benefit the people of Marysville.

 

Mr. Gore moved to table the legislation to a date certain, June 12, 2008 and that it become one of the priorities of transition to the new administration to review and prepare to go forward and the question put, stood:

 

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

 

Motion passed.

 

“A RESOLUTION OF SUPPORT, ENDORSEMENT AND ADOPTION OF THE CITY OF MARYSVILLE WASTEWATER MASTER PLAN UPDATE” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Gore moved to table the legislation to a date certain, June 12, 2008 and the question put, stood:

 

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

 

Motion passed.

 

“A RESOLUTION OF SUPPORT, ENDORSEMENT AND ADOPTION OF THE CITY OF MARYSVILLE WATER MASTER PLAN” was presented for second reading, public hearing.  Mr. Gore moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Gore moved to table the legislation to a date certain, June 12, 2008 and the question put, stood:

 

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

 

Motion passed.

 

ORDINANCES

The ordinance “2008 ANNUAL APPROPRIATION ORDINANCE” was presented for third reading, title only.  Mr. Marshall 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

 

Ordinance 69-07 passed.

 

The ordinance “ADOPTING AN ANNUAL OPERATING BUDGET FOR 2008” was presented for third reading, title only.  Mr. Burke moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 70-07 passed.

 

The ordinance “ADOPTING A CAPITAL BUDGET FOR 2008” was presented for third reading, title only.  Mr. Burke moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 71-07 passed.

 

The ordinance “SETTING COMPENSATION FOR ALL CITY EMPLOYEES – 2008” 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. Gore  YES  Mr. Marshall  YES  Ms. Sellers  YES

 

Ordinance 72-07 passed.

 

The ordinance “AUTHORIZING THE FINANCE DIRECTOR TO MAKE REQUIRED TRANSFERS AS APPROVED IN THE ANNUAL APPROPRIATION ORDINANCE” was presented for third reading, title only.  Mr. Marshall moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 73-07 passed.

 

The ordinance “TO AMEND ORDINANCE 32-07 “AN ORDINANCE TO IMPLEMENT A SIDEWALK REPLACEMENT PROGRAM” was presented for third reading, title only.  Mr. Marshall moved to pass the legislation and the question put, stood:

 

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

 

Ordinance 74-07 passed.

 

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 third reading, title only.  Mr. Marshall 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

 

Ordinance 75-07 passed.

 

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

 

Mr. Alan Seymour said the Planning Commission discussed concerns expressed at the last meeting about making Associations mandatory, and they are in agreement with proposed language.

 

Mr. Pleasant said language was amended in order to make it mandatory for a Property Owners Association when there is open space. Section B was added which states. “A Property Owners Association is optional if no open space, common areas or reserves are created.”  Mr. Fogt moved to accept the amendment 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.

 

Legislation was re-read as 2nd Reading, Public Hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

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

 

“AN ORDINANCE REPEALING AND REPLACING CHAPTER 721 OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE “CABLE TELEVISION SYSTEMS” AND REPLACING THE CHAPTER 721 “VIDEO SERVICE AUTHORIZATIONS” IN ORDER TO COMPLY WITH THE ENACTED OHIO SENATE BILL 117” was presented for first reading, title only.

 

“AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE 2007 REPLACEMENT PAGES TO THE CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH, TO PUBLISH THE ENACTMENT OF NEW MATTER; AND DECLARING AN EMERGENCY” was presented for first reading, title only.  Mr. Fogt 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. Gore moved to waive second reading, public hearing and the question put, stood:

 

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

 

Motion passed.

 

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

 

Motion passed.

 

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

 

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

 

Ordinance 76-07 passed.

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative.  Mr. Marshall announced the Frozen Nose 4-Mile Race will be held on January 12, 2008.

 

Mr. Pleasant reappointed Russ Jones and Cathy Dwertman to the Parks & Recreation Commission for a 3-year term expiring November 30, 2010.  He also reappointed Greg Faulkner to the Board of Zoning Appeals for a 5-year term expiring December 31, 2012.

 

Mr. Marshall moved to confirm the appointments and the question put, stood:

 

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

 

Motion passed.

 

Mr. Marshall said he would not be able to attend the December 20th City Council Meeting, so he addressed Messers. Pleasant and Burke who will be leaving City Council at the end of the year. He said it had been a pleasure working with Mr. Pleasant and wished him luck, and wished Mr. Burke the best of luck with his run for the Ohio House and added it had been a pleasure working with him.  To Mayor Kruse, he said it was a privilege and an interesting journey working with him.  He said the Mayor should be complimented and judged on the things that were accomplished in the four years and wished him the best of luck.   He wished everyone a Merry Christmas. 

 

Mr. Gore complimented the City crews for doing a great job with snow removal.

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 7:35 p.m.