CITY COUNCIL MINUTES

 

JANUARY 10, 2008

 

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

 

MEMBERS PRESENT:  Mr. Taylor, Ms. Sellers, Mr. Fogt, Mr. Gore, Ms. Groat, Mr. Reams

Excused:  Mr. Marshall

 

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

 

REPORTERS PRESENT:  Ryan Horns – Journal Tribune

 

CITIZENS PRESENT:  Marvin Rudd, John Howard, Max Amrine, Andrea Milton, James Taylor, Karissa Hacker, Kathy Werkmeister, Rolly Rausch, Carmella VanZant, Alan Seymour, Helen Britt, Bill Kelley, Denise Faldowski, Charlie Fraas, Aron Madsen, Peter Griffin, Scott Martin

 

REORGANIZATION:

 

          ELECT PRESIDENT  -  Mr. Fogt nominated Mr. Gore.  Mr. Reams moved to close nominations; affirmative voice vote was unanimous.  Affirmative voice vote was unanimous for Mr. Gore as President.

 

          ELECTION OF VICE PRESIDENT – Mr. Taylor nominated Mr. Fogt.  Ms. Sellers moved to close nominations; affirmative voice was unanimous.  Affirmative voice vote was unanimous for Mr. Fogt as Vice President.

 

          APPOINT CLERK OF COUNCIL – Ms. Sellers moved to appoint Connie Patterson as Clerk of Council, affirmative voice vote was unanimous.

 

          REVIEW RULES OF PROCEDURE – Will be assigned to Committee once committees are established.

 

          APPOINT COUNCIL COMMITTEES – Appointments will be made at the next City Council Meeting.  Council Members are to get with Mr. Gore to express interest in committees. 

 

Mr. Gore welcomed Mayor Schmenk and said he was excited about the opportunity to work with her and about the partnership that the Mayor wants to form with Council, Administration and with all the government entities in Union County.  He feels there is an opportunity to get a lot done this year. 

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on December 20, 2007 were approved as written.

 

ADMINISTRATIVE REPORT:  Mayor Schmenk gave the State of the City Address as follows:

 

STATE OF THE CITY ADDRESS (2008)

By

Mayor Christiane W. Schmenk

January 10, 2008

 

          Thank you for having me here tonight.  I would like to add my welcome to our two new members of Council, Nevin Taylor and Debbie Groat.  Thank you for being willing to give your time and talents to serve our City.  And, thanks also to the other members of Council.  You keep our City’s legislative functions running smoothly and are a critical part of this City.  I look forward to working as part of your team and pledge to do my best to keep us on the same page, working together toward the same goals. 

          As most of you know, I was elected as Mayor this past November, and I was just sworn in on Monday, December 31.  Therefore, I have a grand total of a week and half of experience, which doesn’t give me a lot of credibility in delivering this State of the City Address.  However, what does give me credibility are the wonderful employees of our City.  As I speak and provide an overview of the City’s challenges and accomplishments during 2007 and provide you with our basic goals for 2008, our approximately 159 employees deserve all of the credit.  Even though Mayors may change every 4 years, these employees keep the City going, without a hitch.

          So, giving credit where credit is due, I’d like to start by thanking all of our City employees.  In business terms, employees are known as our “human resources”, and our Human Resources Department is headed by Brian Dostanko, with assistance from Donna Nicol.  Since joining us, Brian has professionalized this function and has done his best to ensure that our employees know that they are valued and appreciated.  Additionally, in heading our Information Services function, Brian has done a great job overseeing the creation of a topnotch city website.  Our site, located at www.marysvilleohio.org, is a wealth of information about who does what within the City and how our citizens can get almost any help they need.  If you have not spent time surfing our site or haven’t looked at it in a while, I’d strongly encourage you to visit it.

In 2007, our Human Resources area continued to place a major emphasis on the safety of all our employees.  They were able to complete a record high 99.1% of scheduled safety training and were able to reduce the City’s workers compensation bills significantly by participating in innovative programs.  In 2008, our Human Resources Department plans to continue proactively training our supervisors and managers in leadership training so that they will possess the necessary knowledge and skills to keep the City running smoothly.  We also plan to continue to focus on employee wellness, so that we can reduce missed work time, reduce costs to the City and ensure that our employees enjoy longer and healthier lives.

          Another very valuable “human resource” that I’d like to recognize is Kathy House, our Director of Administration.  Kathy manages all of our City Departments, and her role is full-time, versus that of the Mayor’s, which under our City Charter is only part-time.  Kathy, thank you for all of your hard work over this past year.  You have led us through many challenges and opportunities.  Along with former Mayor Tom Kruse, you put plans into place and made significant strides in major infrastructure projects that will ensure our City’s growth and stability for many years to come.  Thank you for your loyalty and dedication to our City.

          And now, I’d like to update you on the progress of our City and on our main goals for 2008.  I can tell you that in the short time I’ve been in office, I’ve been very impressed with the well-being and stability of the various functions of the City.  Our Department directors and chiefs are very well qualified, passionate about their jobs and hard working.  Your City is in good hands.

          Getting to specifics, the Public Services Department, headed by Tracie Davies, had a very busy and productive year.  Public Services is in charge of many divisions that keep our citizens happy, including: Buildings and Grounds,  headed by Lane Stillings;  Parks and Recreation, headed by Steve Conley; Streets, Sanitation and Stormwater, headed by Joe Tracy, and the Wastewater and Water Divisions, ably led by Rick Varner.  Public Services, along with our Engineering Department, has been front and center when it comes to the very major infrastructure projects occurring in Marysville.  Very rarely does a community have to tackle so many major projects at once, but during 2007, this department made major progress on the following major projects:

·        Our new wastewater treatment plant, also known as the Marysville Water Reclamation Facility

·        The Crosses Run Pump Station, Force Main and Trunk Interceptor sewer projects

·        A comprehensive update on the Wastewater Master Plan, so that we can determine how best to work with the County to provide services for areas outside our city limits, and

·        Our Upland Reservoir Project and Water Lines, so that we can ensure a plentiful water supply for our citizens for years to come.

 

Our Public Services Department also worked on many smaller projects during the year that are near and dear to our citizens, including:

·        One Million Dollars in street re-paving

·        The widening of East Fifth Street near the railroad crossing, so it can hopefully re-open this year

·        Drainage improvements and the installation of a walking trail in Greenwood Park

·        Completion of a new salt barn at the Public Service Center so that Joe Tracy and his very able crew can continue the great job they do in plowing our streets.

 

In 2008, most of the major projects of the Public Service Department will continue. The Department will bid out the remainder of the reservoir project and break ground in the next few months, begin work on the infrastructure for the site off of Scottslawn Road that received a $3.5 million Jobs Ready Site grant, possibly design a new water plant for the City, and, if all goes well, complete the new Water Reclamation Facility at the end of the year.  At the same time they are managing these major projects, they will ably handle day-to-day assignments, including paving of Collins Avenue, the installation of a new baby pool at the City pool and the possible design and development of a new soccer field at Central Park.  One thing I’ve noticed about the Public Service Department is that they’re very capable of handling extraordinary projects while ably performing their day-to-day work such as leaf and trash pickup.  Many kudos and thanks to this department.

Now, I’d like to turn to our Engineering Department, ably led by City Engineer Phil Roush with help from Assistant Engineer Brian Palmer.  This Department has primary responsibility for the planning, construction and maintenance of infrastructure throughout the City.   They also are responsible for engineering, zoning and subdivision regulations and for construction inspections for City capital improvement projects and subdivision construction.  Engineering has also been very busy working on major projects this year, including the new Water Reclamation Facility, working to obtain a re-rating of our existing Water Plant from the Ohio EPA so that we have more time before we need to build a new plant, and preparing for the construction of our new Water Reservoir off of Raymond Road.   Other major 2007 accomplishments include:

·        Planning with Jerome Township and others in the Growth Area southeast of the City limits, working with planned developments in the City including the Cook property and Twigg property and assisting the Design Review Board with review of specific projects including those in Coleman’s Crossing and City Gate

·        Beginning the design phase for a possible new fire station, and working with an architect and all current Fire staff to determine the proposed layout for a new facility

·        Working with the Public Services Committee and Council to implement a traffic study to determine needed improvements for managing traffic and relieving congested areas

·        Installing a new restroom facility and shelter house at Mill Valley South Park near the soccer fields

·        Continued work with ODOT for final plans for a Transportation Enhancement grant for planting of trees and shrubs along Delaware Avenue from US33 to Charles Lane, and

·        The completion of the East Side drainage study to determine needs.

 

In 2008, the Engineering Department will continue to stay very busy with major projects.  Our City will continue to experience growth, and the planning work that this Department does will become more and more important.   Major plans for 2008 include the following:

·        Working on redevelopment of existing areas in the City including Eastpointe Plaza

·        Continue working toward design for a possible new fire station, as well as putting plans in place for future stations

·        Completing traffic studies and determining a schedule for implementation of recommendations for the interchange area with US33 at SR31 and SR4, the eastside corridor between five-points and US33 and a traffic signal system along Fifth Street

·        Contracting for and completing the work for the Transportation Enhancement project along Delaware Avenue

·        Continue sidewalk replacement program.  This is an area near and dear to my heart, and we will be assessing all sensible ways to enact a project to connect by sidewalks all of our schools and neighborhoods

·        Complete northwest area drainage study.

·        Compile listing of all storm projects from the three studies (Town Run, East Side and Northwest) for prioritization and planning.

 

Moving on to our Police Department, this area is ably led by Chief Floyd Golden, and Glenn Nicol is our Assistant Police Chief.  It has been a joy getting to know them both, and I look forward to working with them and their officers as they protect our citizens.  Their 2007 Major Accomplishments included the following:

 

·        As the result of an undercover investigation lasting several months, a local liquor establishment that had become a nuisance was closed down.  The owner and three other people received prison sentences.

·        The hiring of two additional police officers.  This will allow us to add an additional detective to expedite criminal investigations.

·        “Neighborhood Watches” have been organized in Mill Valley, Green Pastures, Hickory Run, The Meadows, and Greenwood Colony.

·        Seventy percent of the marked police cruisers were equipped with video in-car recording systems.

·        The division placed a Honda motorcycle into regular patrol service with a primary purpose of traffic enforcement in residential neighborhoods.

·        A February robbery of McDonalds was solved resulting in the arrest and conviction of three adults.

·        Fourteen daytime residential burglaries were solved with the arrest of an adult male who received a ten-year prison sentence.

·        Fifteen north and east side business breaking and entering cases were solved with three people being indicted for related felony offenses.

·        Two adults were arrested and convicted of felony offenses stemming from over thirty thefts from motor vehicles.

 

In 2008, Major Goals include:

 

·        Obtaining funding to acquire and implement mobile reporting in all marked police cruisers by means of in-car computers.  The ultimate goal is to have GPS and L.E.A.D.S. (Law Enforcement Automated Data System) access in each car.  Due to strong fiscal management by our Finance Department this past year, I’m pleased to report that we have funding available to do this, and with Council’s help, will fund it this year.

·        Completion of the in-car video system implementation in the remaining three police cruisers.

·        Conducting a facilities needs assessment to identify current and future physical plant needs for the division.

·        Working with the City IT to enhance the website to allow public submission of reports, forms and information directly to the police division and

·        Partnering with the schools, coalitions and other entities to improve overall traffic safety in school zones directed at “Safe Routes to Schools” for students.

 

Our Police Department is currently stretched thin, and its facilities and vehicles are not exactly optimal.  As our City grows, our Police Department will be strained even further.  I know that Council is well aware of the Department’s needs, and I pledge my help and support in working with you to find creative ways to fund improvements and to keep our Department top-notch. We will look at these issues in 2008 and plan for the future.

 

Another critical department for our City is our Fire Department, ably led by Chief Gary Johnson and Assistant Chief Jay Riley.  I met with them this week and toured our fire station.  I was very impressed by their organization. If you read their department website, you get a true picture of the pride and discipline they instill in their people.  Quoting briefly from their website:

“The Marysville Division of Fire proudly protects 30,000 people living in an area of 86 square miles.  We operate out of one station that protects a diverse area including residential, business, industrial and agricultural uses.  There is a heavy emphasis on organizational excellence through both mandatory and voluntary training and education.  There is also a significant emphasis on mission readiness and personal/professional development.”

In 2007, the Department had many accomplishments, including:

 

·        Over $40,000 in grants and donations was received in 2007. This money was and will be used to upgrade or buy critical equipment that would otherwise be purchased from the general fund.

·        The AVL/mobile computing project (initial phase) came online in mid-2007, providing GPS, mapping, and resource access/acquisition.

·        Another siren was added to our Early Warning System, and our low power, AM Alert station was brought online. We are the only community in central Ohio to have a triple back-up, siren alert system that can be silently monitored, tested, and tied into an AM Alert radio system.

·        General discussion and planning meetings were held with Council to explore the need for new facilities. 

·        A “Code Red” system was implemented thru the joint efforts of City and County officials, providing a “reverse 911” notification of up to 1,000 residents per minute during an emergency.

 

The Department’s goals for 2008 are posted on their website, and the first one says it all: “Continuous Self-improvement”.  Other major Goals for 2008 include:

 

·        Continued review and planning for possible replacement facilities as well as additional manpower, with examination of feasible funding mechanisms.

 

·        Adding an additional Full-Time Inspector to the Prevention Bureau, creating 2 full-time fire inspector positions

·        Working with the city attorney and the court system to collect nearly $50,000 in outstanding false alarm fees.

·        Remodeling the downstairs offices to facilitate better public access and streamline administrative operations.

·        Complete the AVL/mobile computing project, adding 2 more vehicle laptops, finalizing 911 mobile communications interface.

 

The final two areas I’d like to report on tonight involve the glue that holds all of this together: money.  Our Division of Finance manages all of our City’s money, while our Economic Development Department focuses on attracting and retaining quality businesses that will provide us with income tax funds to help run our City. 

Finance is ably run by Director John Morehart and Assistant Finance Director John Green.   The Finance Department is responsible for the overall day-to-day financial activities of the City involving cash management, budget, debt administration, investments, income tax, accounts payable, payroll, utility billing and collection and prudent investment of the City's resources. 

Our City’s Finances have been stretched thin in recent years due to our need for major infrastructure improvements, primarily in the areas of water and sewer.  However, while I have only been on the job a short time, I have the utmost confidence in the abilities of our Finance Department.  I am pleased to report that due to their efforts, the General Fund of the City continues to remain healthy.  At December 31, 2007 the unreserved General Fund balance was $4,780,272, which is favorable to the forecast.  Most of the favorable position was due to careful monitoring of expenses.  These efforts obviously paid off, and I thank Director Morehart and Assistant Director Green.

Other major Finance accomplishments for 2007 include:

1)     Completion of financing for the Water Reclamation and Reservoir projects.  Both required efforts from Council to pass utility rates to enable the funding to be adequate for the debt service of these capital projects.

 

2)     Payoff of a $490,000 vehicle note.  This repayment was 3 years ahead of schedule, primarily due to available funding in the General Fund. 

 

3)     Continued receipt of “unqualified” audit opinions from the Independent audit group.  The unqualified opinions means the financial statements are prepared in accordance with Generally Accepted Accounting Principles (GAAP) and there are no material financial misstatements contained. 

 

4)     Income Tax revenue continuing to remain strong.  In 2007 we received $7,877,319, which is 5.54% higher than the prior year.  

 

In 2008, we will continue to monitor expenses very carefully.  Additionally, as development occurs, we will work with developers so that growth pays for itself.

As most of you know, our City’s Economic Development function is headed by Eric Phillips, a resource we share with Union County and the County Chamber of Commerce.  This arrangement is wise, as it bodes well for cooperation and teamwork among these entities.  2007 proved to be another year of growth for Marysville, and 2007 ED Projects included:

 

·        Construction began on the $9,000,000 Ohio Army National Guard Training and Community Center to be located adjacent to the Union County YMCA.  This 40,000 + square foot facility will provide a gymnasium, kitchen, and classrooms to the community.

·        City Gate saw the opening of Bob Evans while construction began on Walgreens, Boston Pizza, Delaware County Bank, and Liberty Bank.  Additionally, a White Castle will begin construction in 2008.

·        Coleman’s Crossing saw the opening of First Federal Bank, BW-3, Best Buy, Office Max, and MC Sports.

·        Uptown Marysville saw the renovation and revitalization of two properties in Uptown Marysville, which will provide more retail and residential options.  With these developments, Uptown Marysville has realized over $2,000,000 of private investment since 2005.  These investments were made possible by the City’s promotion of the Community Reinvestment Area and the granting of incentives to various businesses.

 

2008 promises to be another year for growth and economic development in our community, and I look forward to working with Eric Phillips in my new capacity as Mayor.

          My tenure as Mayor has been very brief.  My report tonight is of accomplishments earned by my predecessors: Former Mayor Tom Kruse, City Administrator Kathy House and the very able employees of your City.  They deserve much credit and thanks for the fine work they have done this past year.  They have guarded your resources well and have put plans in place that will provide for our City’s future.  My pledge to you tonight is to do my best to continue in the fine tradition they have set.  Additionally, I pledge a new spirit of cooperation and community.  We are one team, and we will work together in the best interests of our community.  We will also work together with our County and townships to make our community a strong region.  Thank you for all you do, and God Bless.

 

Ms. House reported that CSX has done some basic prep work for the crossing gates at the railroad.  CSX has until April 18, 200 8 to complete the project.

 

Ms. House asked Council’s consideration to add a piece of legislation to the consent calendar which would authorize the Mayor to apply for a Natureworks Grant.

 

Ms. House also requested an Executive Session to discuss labor negotiations for Police.

 

Ms. House spoke for the Public Hearing – FY2008 Community Development Block Grant (CDBG) Program. 

 

The CDBG Formula Program

 

<        The City of Marysville received $59,000 in FY2007 for the Formula Program.  OHCP will advise communities of the FY2008 allocation amounts in April/May 2008.

 

<        The City can fund up to three (3) projects.  The City must allocate funds for a fair housing program and administration, but these are not counted as projects.

 

<        All projects must meet a National Objective: Benefit to low and moderate income (LMI) persons (at least 51% of the project benefit area must be LMI or serve limited clientele groups); or elimination of slums and blight (ie. historic preservation or demolition of substandard buildings).

 

<        A maximum of 15% of the grant is allowed for administration.  A maximum of 5% of the grant is allowed for fair housing.  A maximum of 15% of the grant is allowed for public service activities.  A maximum of $10,000 is allowed for planning activities.

 

<        The City will be soliciting project proposals until May 2, 2008 at 4:00 p.m.  In fairness to all applicants, project proposals received after this date and time will not be considered for FY2008 Formula funding.  The City will have final say on which projects will be selected.  Proposals can be submitted in writing to the Mayor’s Office.

 

<        A second public hearing will be held in May or June announcing the proposed awards.  The City’s application for FY2008 CDBG Formula Program must be submitted to the State by July 15, 2008.  The State makes the final determination of eligibility and funding of the projects.

 

<        The following activities are eligible for CDBG funding: rehabilitation of centers for the handicapped; clearance (demolition of substandard/hazardous units); code enforcement;  curbs and sidewalks; home repair (in conjunction with existing housing programs); fire protection facilities & equipment; neighborhood facilities improvements that serve LMI areas; equipment for public facilities serving LMI populations; off-site infrastructure (waterlines, sewers, etc.); public parking facilities serving LMI populations, parks & recreation facilities; planning studies; public service activities; public utilities; removal of architectural barriers and ADA modifications; senior center improvements; public solid waste disposal facilities; street improvements; water & sewer facilities; and historic preservation.

 

<        The FY2008 Formula Program timeframe is from September 2008 (and after environmental clearance is received) through December 31, 2009.  All work must be completed by December 1, 2009.

 

<        No project can begin until the City executes a grant agreement with the State in September or October 2008 and receives written notification from the State that the environmental review process is complete.  If funded, improvements to properties over 50 years of age must be approved by the Ohio Historic Preservation Office.

 

<        All activities and projects must be bid through the City and must follow CDBG and City procurement procedures.  Non-residential projects with construction costs of $2,000 or more must pay Davis-Bacon (Federal) prevailing wage rates. 

 

<        All grantees are responsible to pay their own engineering or architectural fees and provide project plans and specifications to the City.  Any A/E fees paid by CDBG funds must be awarded as a result of a Request for Qualifications/Proposal (RFQ/RFP).

 

Anyone having questions about the CDBG program in the City may contact Kathy House at the Mayor’s Office at (937) 645-1050.

 

Ms. Kathy Werkmeister addressed Council about the Marysville CHIP Program.  The City of Marysville has contracted with the Mid Ohio Regional Planning Commission for this program since 2003.  Applications have been prepared to the State of Ohio for CDBG and Home Funding.  In 2003 and 2005, both programs were funded and the City received $500,000 through each program to provide home repair, down payment and housing rehabilitation activities.  The City applied again in 2007 and was funded for the third CHIP in a row.  City now has $500,000 for the next two years to provide those same three activities.  The program will begin soon.  Applications will be taken next week.  Information about these programs was made available at the sign-in table.  Ms. Kim Kellogg is the contact person for Marysville.  She will work out of the Marysville office on Wednesday’s and will take applications by appointment.

 

There are three major activities.  1)  Home Repair.  Under this program, they work to eliminate conditions that pose health and safety threats to the residents. Eligible activities or repairs include electrical, heating or plumbing systems, roof or structural repairs.  Properties must be owner-occupied, and the household must meet income guidelines.   She cited an example, a family of four must make $33,150 per year or less.  The income information is provided in the blue brochure.  A family can receive a grant of up to $5,000, which they don’t have to repay through this program.  They have done 38 home repairs in the past four years and will do another 19 home repairs in the next two years.  In the past two years, a total of 55 families have been helped.  Those are first-time homeowners and people that own their homes through these programs.  2) Housing Rehabilitation Program. This program is available to help low and moderate income homeowners with more extensive needs.  All major systems in the house will be inspected and brought up to the program residential rehab standards.  Eligible repairs include electrical, heating and plumbing systems, roof and foundations, windows, doors and gutters, steps and sidewalks.  Additionally, repairs may address interior surfaces and floor coverings.  Properties must be owner-occupied and the household must meet income guidelines, which are slightly higher for this program.  A family of four can make up to $53,050 per year.  This program provides a loan of up to $35,000.  A family would receive a mortgage against their property, however, the loan does not have to be repaid if they stay in their home for ten years.  After that time, the loan is forgiven.  The first program is down-payment with rehabilitation.  This program is available for first-time home buyers.  Five families have been helped to purchase their first home through this program.  They received some down-payment assistance and also received some rehabilitation funds to bring the property up to state standards.  The property value cannot exceed $144,000, and they must meet the same income guidelines. A family of four has to make less than $53,000 per year.  A family can receive a loan up to $32,000 for both combined down payment and rehabilitation services.  If the family maintains that home for ten years, the lien is forgiven after that time period. 

 

Ms. Werkmeister invited anyone interested in seeing some of the sites that have received assistance. 

 

Mr. Gore asked if all of the funding had been used.  Ms. Werkmeister said every penny of the 2005 CHIP has been used.  In the first CHIP in 2003, there was some money left.  The program was being marketed and they were having difficulty getting people to take advantage of some of the programs.  They anticipate using all of the funding in this program. 

 

REPORT OF CLERK OF COUNCIL:  Clerk Patterson reported that she received a request for a liquor license transfer for a D1 and D2 license from Herschels Inc, 465 N. Main St. to Ginny Foods, LLC, dba Hershels, 465 N. Main St.  Police Chief had no objections. 

 

Also received a request for a C2 liquor license for 567 East Fifth Street, LLC, which is the Sunoco Station. Police Chief had no objections.  Council had no objections on either permit.

 

REPORT OF ECONOMIC DEVELOPMENT DIRECTOR:  Mr. Eric Phillips reported they have three planning processes that are beginning.  One is the Town Run.  He noted there is legislation for this project.  Surveying is being done today and work is beginning.  There will be a conceptual drawing of what the Town Run will look like once restored.  Currently working on applying for a Tier II grant for Uptown, which could involve some streetscape and façade improvements if approved. 

 

Chamber is currently in the process of taking a serious look at where we are with the EDAP (Economic Development Action Plan).  It’s been five since years since it was adopted.  They hired a firm to re-evaluate the Plan; where we are, where we need to go with the Plan and hopefully come up with some new goals and objectives for years beyond.

 

Mr. Phillips said the website has been updated “whereprideresides.com or .org”.  Under Economic Development, different informational pieces have been added, such as available sites and buildings.  Also, a small business section has been added. 

 

The Chamber of Commerce has hired a New Business Development Manager, Jason Stanford, who will start work on January 21st.  He replaced Joe Clase, who resigned to accept another position. 

 

Mr. Gore asked who is actually updating the EDAP?  Mr. Phillips stated Resource Development Group, out of Dublin, has been hired for this project.  They will be conducting an assessment and also conducting 40 interviews.  Mr. Gore asked that Ms. Sellers be included in the process since she has expressed interest. 

 

HEARING OF CITIZENS:  Mr. Rolly Rausch from American Legion Post 79 addressed Council.  He thanked Council for their past financial donation to the 4th of July fireworks.  Without that and assistance from others in the community, they would not be able to have fireworks.  Half of the expenses are raised from various businesses, organizations and industry and the other half is from the City and County.  He asked for assistance again for this year’s fireworks.  Mr. Gore said Council budgeted $2,500, so that amount will be donated. 

 

Mr. Taylor moved to add the legislation to the consent calendar and the question put, stood:

 

Mr. Taylor  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Gore  YES  Ms. Groat  YES  Mr. Reams  YES

 

Motion passed.

 

RESOLUTIONS

Consent Calendar Legislation

 

“RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR FINANCIAL ASSISTANCE THROUGH THE STATE OF OHIO NATUREWORKS PROGRAM AND DECLARING AN EMERGENCY” was presented for first reading, title only.  This is one of three grants for the Town Run Revitalization project.  She asked Council’s consideration to expedite this legislation.  Mr. Taylor moved to pass the emergency and the question put, stood:

 

Ms. Sellers  YES  Mr. Fogt  YES  Mr. Gore  YES  Ms. Groat  YES  Mr. Reams  YES  Mr. Taylor  YES

 

Emergency passed.

 

Ms. Sellers moved to waive second reading, public hearing and the question put, stood:

 

Mr. Fogt  YES  Mr. Gore  YES  Ms. Groat  YES  Mr. Reams  YES  Mr. Taylor  YES  Ms. Sellers  YES

 

Motion passed.

 

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

 

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

 

Mr. Gore  YES  Ms. Groat  YES  Mr. Reams  YES  Mr. Taylor  YES  Ms. Sellers  YES  Mr. Fogt  YES

 

Motion passed.

 

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

 

Ms. Groat  YES  Mr. Reams  YES Mr. Taylor  YES   Ms. Sellers  YES  Mr. Fogt  YES  Mr. Gore  YES

 

Resolution 1-08 passed.

 

ORDINANCES

 

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 third reading, title only.  This legislation was tabled at the last meeting.  Mr. Reams had requested an opinion from the Law Director.  Mr. Aslaner said he saw no problem with the way the legislation was written.  The plat will dictate who maintains the parkland.  Mr. Aslaner said the ordinance could be amended to reflect that statement.  Mr. Reams moved to amend the ordinance by

adding the following:

1110.02    Associations

A.   With the exception of platted property dedicated to the City, restricted open space……

 

and the question put, stood:

 

Mr. Reams  YES  Mr. Taylor  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Gore  YES  Ms. Groat  YES

 

Motion passed.

 

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

 

Mr. Seymour said Planning Commission would support waiving of readings.

 

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

 

Mr. Taylor  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Gore  YES  Ms. Groat  YES  Mr. Reams  YES

 

Motion passed.

 

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

 

Ms. Sellers  YES  Mr. Fogt  YES  Mr. Gore  YES  Ms. Groat  YES  Mr. Reams  YES  Mr. Taylor  YES

 

Ordinance 1-08 passed.

 

“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 third reading, title only.  Ms. Groat moved to pass the legislation and the question put, stood:

 

Mr. Fogt  YES  Mr. Gore  YES  Ms. Groat  YES  Mr. Reams  YES  Mr. Taylor  YES  Ms. Sellers  YES

 

Ordinance 2-08 passed.

 

The ordinance “TO REZONE 18.555 ACRES, MORE OR LESS, LOCATED AT 17779 SR 31 AND 17255 MILL ROAD FROM BR (BUSINESS RESIDENTIAL) TO B-1 (SERVICE BUSINESS DISTRICT)” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.

 

Mr. James Taylor, Cinnamon Drive, addressed Council.  He had read minutes from the zoning committee and was surprised that they voted for this without doing a traffic study.  Anyone trying to get out of the subdivision between 7:00 and 8:00 a.m., cannot get out.  When you put a 90,000 s.f. footprint in an area that is possibly wetland, possibly green, which we just want to pave over, he’s concerned with pollution, water runoff and drainage, as well as the traffic hazard for that area.  He is opposed to the proposed rezoning.

 

Ms. Helen Britt, Mill Valley resident, addressed Council.  She is opposed to the proposed development of a Kroger in the area.  One thing will lead to many others in this small area.  Traffic, congestion and noise are concerns.

 

Aron Madsen, Meadowlark Lane, addressed Council.  He would like to keep the area a green area.  It makes a nice buffer from the traffic, noise and pollution that already exists on Rt. 31.  He expressed concern about lack of foresight in the planning of the traffic monitoring and flow already on Rt. 31. 

 

Scott Martin, taxi service owner in Marysville addressed Council.  He has heard from several residents in the Mill Valley area that they feel like they got screwed by having any kind of business in that area, referring to McDonald’s and the strip mall.  He suggested looking closely before a new development goes in. 

 

Mr. Donald Plank, attorney for the applicant, addressed Council.  Representatives from Casto and Kroger are also in attendance.  Mr. Plank distributed a booklet to Council. Applicant is seeking to rezone a 18.555 acre parcel, actually a number of parcels from the BR district to the B-1 zoning district.  Original plans were to rezone 15.64 acres, but Planning Commission recommended they include the additional 2.915 acres, hence the 18.555.  Property is located north of US 33, west of SR 31 and Mill Road surrounds the property.  The B-1 portion shown on the drawing is also controlled by the Casto Group.  It’s only the BR portion that is being proposed to rezone to B-1.  He noted in the booklet, there is a breakdown of the difference between the BR and B-1 zoning district in terms of their purpose.  BR is a transitional, residential.  It includes some residential so it’s a transition from residential to commercial.  The service B-1 district offers convenient-type goods and services for the immediate area and it may depend on drive-in business and, therefore, require a location along or near a major thoroughfare intersection.  Also included in the booklet are documents stating different uses permitted in the BR and B-1 zoning districts.  This property is already zoned commercial.  The standards, in both the BR and B-1 zoning districts, the maximum density in terms of lot coverage is 40%.  There are slightly higher uses permitted in the B-1 district.  The BR district and the reason he is here tonight, is that it does not permit a grocery store and the intent is to put a Kroger store on that site.  They believe that this location is appropriate for B-1 because it is at the northwest quadrant of a major interchange in Marysville, and noted the B-1 purpose is where the B-1 uses should be, at the major thoroughfares.  The Comprehensive Plan, although it’s nine years old, shows that the one location north of Rt. 33, along 31, is the location for retail commercial.  In that plan it calls for a need for more commercial as Marysville has grown and as that subdivision has grown significantly, there is no service for that area.  It is their intention to provide service to this neighborhood.

 

Even though the property is zoned BR, there are a number of ways to transition from commercial to residential.  The major difference in the uses is that the BR does permit multi-family, unrelated to commercial.  In the B-1 district, multi-family can be put above commercial.  He does not feel this would happen.  It’s not common.  In the BR district, he can put multi-family in, and this 18.555 acres could support about 161 multi-family units.  That would add significant traffic to the peak hours.  Their proposal for B-1 is separated from residential, from the Mill Road.  There will be setbacks as established in the Code.  These will be discussed during the Design Review.  He noted in the subdivision to their west, almost all the lots back up to Mill Road except for five lots.  He has scheduled a meeting next week to talk to those people about the project. 

 

At the Planning Commission meeting, there was some discussion about lighting and landscaping and the traffic study.  All of that will be addressed as part of Design Review, which is the second stage to this development.  Mr. Plank knows the City has strong opinions about traffic and what improvements would have to be done.  They have the same concerns for their site.  A major traffic study is being done in which they will be participating in some regards. 

 

Mr. Charlie Fraas, Casto Group, addressed Council.  They are a development company based in Columbus and have been in the business of developing commercial shopping centers for about 60 years.  They do their own due diligence to make sure it makes sense for all of their efforts.  With regard to the Comprehensive Plan, current zoning, abutting the freeway and the only area on the Comprehensive Plan north that is really planned for commercial retail, other than that which has already been developed on the far east side, made sense to them.  Kroger approached Casto.  Although this rezoning is not about Kroger, but a land use, they feel this does make sense for supplying goods and services to those communities north of 33.  He pointed out that not only are they rezoning a portion from BR to B-1, that there is already a fairly large segment to the north of this property that is already zoned B-1.  The request will match the zoning that is already there on the property to allow for continuous type of uses on the property.  They are meeting with the residents next week.  They hope to work with the residents and be able to satisfy some of their concerns. 

 

Mr. Gore asked the Mayor if there had been some meetings with Kroger because of some of the same concerns voiced by the residents.  Mayor Schmenk said they have met with Kroger personnel and felt the meetings went well.  The City is happy that Kroger wants to invest in the community and they want to try to make that happen.  There are traffic concerns that they will work on. 

 

Mr. Seymour re-emphasized that this is rezoning, and this is a project that is proposed to go on the rezoned property, but best use of the land comes to play here.  Is B-1 appropriate for the area.  Planning Commission struggled heavily with this.  It ended up with a 4 to 3 vote.  Discussions on infrastructure, current and future, were among the big concerns that divided the Commission.  He emphasized that the limits of Design Review is not beyond the project.  They have nothing to do with the current road that services the area.  They cannot require the developer to go beyond their prescribed area for development.  The most Design Review can do is to require a buffer that would protect the citizens across the street.