CITY COUNCIL MINUTES

JANUARY 24, 2008

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

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

OTHERS PRESENT: Director of Administration House, Finance Director Morehart, Law Director Aslaner, Acting Clerk Moder

REPORTERS PRESENT: Ryan Horns – Journal Tribune

CITIZENS PRESENT: Stephanie Kern, James Taylor, Scott Brock, Paul Richmond, Debbie Richmond, Doug Golden, Stephanie Miller, Pete Emmons, Don Bergwall, Glenn Harper, Charlie Fraas, Michael Inskeep, Carmella VanZant, Dennis Schulze, Joshua Holtschulte, Sam Cronk, Nathalie Naslund, Emil Naslund, Tim Hoyt, Jeff Groat

REORGANIZATION:

1. Appoint Council Committees

· Finance Committee – Sellers, Gore, Taylor

· Public Affairs – Marshall, Groat, Sellers

· Public Safety – Reams, Taylor, Marshall

· Public Services – Reams, Fogt, Groat

· Parks & Recreation Council Representative – John Marshall – 3 year term

· Volunteer Firefighters Dependents Fund Board – Mark Reams & John Marshall – one year term

· Cemetery Advisory Board – Debbie Groat – 4 year term

· Enterprise Zone Negotiating Team – Gore

· Tax Incentive Review Council – Gore

· Ohio Reformatory for Women Committee – Marshall

· CIC representative – Fogt – filling unexpired term to December 31, 2008

· Marysville School District Facilities Planning Committee – Sellers

Mr. Fogt moved to confirm all appointments; affirmative voice vote was unanimous.

2. Review Rules of Procedure

Mr. Gore referred the Council Rules of Procedure to the Public Affairs Committee for review. He encouraged each committee to meet as soon as possible to elect chairs for that committee. Members should get with the Clerk as soon as possible to schedule the first meeting.

APPROVAL OF MINUTES: There being no additions or corrections, the minutes for the meeting on January 10, 2008 were approved as written.

ADMINISTRATIVE REPORT: Ms. House reported that the Mayor is on vacation.

Ms. House also reported that a public meeting was held on Tuesday evening with the neighborhood residents who surround the reservoir project, those in the Mill Valley/Raymond Road areas. The construction management firm put on a power point presentation. The presentation will be put on the website. There will be a list of frequently asked questions and answers. If anyone has additional questions, please feel free to contact the Mayor’s office.

REPORT OF CLERK OF COUNCIL: No report.

REPORT OF PLANNING COMMISSION: Mr. Don Bergwall reported on a Special Planning Commission meeting held earlier this week. A number of items were added to their “to-do” list and they arranged priorities on various code updates. The Preliminary Plat and Preliminary Development Plan for the Cook property may be on Planning Commission agenda in March. Once approved by Planning Commission, it will be forwarded to City Council.

CERTIFIED LOCAL GOVERNMENT PRESENTATION: City Planner DeLong stated the City received approval to be a Certified Local Government in October 2007 by the State of Ohio. That is recognition that the City takes pride in the history of their buildings, etc. Mr. DeLong thanked City Council, the Chamber, the URT Board, former Mayor Kruse and former City Council Members, Messers. Pleasant and Burke, and Mr. Joe Clase, formerly with the Chamber for helping this process along.

Mr. Glenn Harper thanked Mr. DeLong for putting together the Certified Local Government application. More than 40 years of experience in historical preservation programs has shown that preservation works best when people work at the local level to protect and wisely use their historic resources. An effective historic preservation also recognizes the partnership between various levels of government who share the goal of identifying, evaluating and protecting historic buildings and structures. The Certified Local Government Program was approved in Ohio in 1985. This Federal, State and Local program provides a method by which qualified, local communities can conduct a wide range of historic preservation activities in close cooperation with the State historic preservation office. Becoming a Certified Local Government entitles a community to apply for Certified Local Government grants from funds set aside each year by the State office. Marysville is Ohio’s 45^th Certified Local Government and has demonstrated its commitment to historic preservation and the protection and wise use of its historic resources. Mr. Harper presented the certificate to the City.

HEARING OF CITIZENS: No comments.

RESOLUTIONS

ORDINANCES

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 third reading, public hearing. Mr. Gore explained that this rezoning has been an issue among Council and neighboring residents. There are some unanswered questions. Council has 45 days from today’s date in which to act on this legislation. Mr. Gore suggested postponing the vote on this issue until February 28, 2008 to give the parties involved the opportunity to resolve some of the issues and answer some of the questions.

Mr. Pete Emmons addressed Council. He and his family were not aware of this proposed development until about 2 weeks ago. He learned about it from a concerned citizen who lives near the proposed development. He has serious reservations about major infrastructure changes. Also concerned about the environmental impact to that whole area. You need to ask what size development fits and where does it fit in this community. Where is the counter balance in terms of the quality of life for the residents who live in that development? He offered his assistance in getting the word out to the residents in order to get more resident feedback on this issue.

Mr. Scott Brock addressed Council. His property backs up to Mill Road. He was unaware of the proceedings that have taken place until last week, when he received a letter from the Clerk of Council. He received a letter a few weeks ago from the law firm representing the developer telling him of the rezoning application and saying he would be notified of the public hearings. He was not notified of the previous public hearings. He has worked in local government for ten years and is not opposed to development. On the contrary, he supports smart and responsible development, particularly for a City like Marysville. He has worked for an Ohio city for the past seven years that has experienced tremendous, responsible growth and is excited to have been a part of that. Likewise, he has supported and has been very pleased with a lot of the development that has taken place here in Marysville over the past several years. He recognizes the perceived, commercial potential this site has and is not opposed to the land being developed. The type of development, however, that would come with a B-1 zoning has the potential to cause more harm than good. He understands traffic is a major concern for residents and City Council. He said that bringing in development that is regional in nature, as opposed to local in nature, will only create the volume of traffic to an infrastructure that has arguably reached its capacity. He also stated it is very rare to see a rezoning like this without changing the character and urban fabric that residents have grown to enjoy and that has helped give Marysville its identity. The same character and identity is easily maintained with smaller, neighborhood, commercial development that is set up to serve on a local level. The B-1 land use is a pretty intense classification when abutting up to residential houses. Homeowners are understandably concerned first and foremost with, how does this affect the value of their property. He recalls that City Council and Planning Commission worked on the code a few years ago and created a Neighborhood Commercial district that would exist on the west side of Rt. 31, leaving the east side of 31, all the way over to Rt. 4 for potential office park and another B-1 development. He feels is makes more sense to encourage larger, commercial development to develop in an area like that. Any improvements that need to be made can be made much easier in an area like that as opposed to further south where the 33 and 31 interchange is. He encouraged Council to make the correct decision in this matter, keeping in mind the best interest of the City and the residents they serve.

Mr. Charlie Fraas of Casto addressed Council. Said he supported Council’s proposal to table until February 28^th. They want to work through issues with the citizens. He thanked everyone who participated in their meetings over the last two weeks. He feels it has been very helpful and educational. Mr. Fraas noted that his firm does not send out the notices, the City does.

Mr. DeLong explained the process of resident notification. The City does have parameters for the mailing which must be met, Addresses are submitted by the applicant. Letters are sent to all adjacent property owners or those residing within 500’ of the property. The City then sends the letters in the timeframe as specified in the Code. Mr. DeLong also noted the public hearings are advertised in the newspaper. Mr. Gore asked that a paragraph be put on the website explaining who, by Code, is to be notified regarding a rezoning.

Mr. Taylor suggested the Homeowner’s Association notify residents. It may be something to be discussed at their meetings. Mr. Marshall and Ms. House were uncertain who to contact at the Homeowner’s Association. The existing association does not cover the whole Mill Valley area.

Ms. Nathalie Naslund addressed Council. She lives in Northwoods and there is a Homeowner’s Association for Northwoods alone. She did not receive notification for a public hearing. She will get with Ms. House as to the contact person for Northwoods Homeowner’s Association.

Ms. Debbie Richmond addressed Council. She is a trustee for the Woods at Mill Valley Homeowner’s Association. She was not notified of the rezoning, but would be glad to post a notice on their website.

Mr. Gore said it is not the intent of this body or the developer to deceive anyone. This process is to rezone the property, and then the developer comes forward with a plan. It then goes to Planning and Design Review stages. We’re not there yet. Because of the concern and because the Kroger Company came forward with their intent, it will be left open for discussion, at which time a decision will be made whether or not to rezone the property.

Mr. Fraas offered to set up another time to meet with residents. They should see him after the Council meeting is over.

Mr. Reams said as rezoning requests have been considered over the last 10-12 years, he always considers what’s adjacent to it and has it already been developed. In a case like this, there are a lot of residential homes and a lot of homeowners who have already invested a lot of their money into that property and when they did that, they knew how the adjacent property was zoned at the time. He cautiously views all rezoning requests because in most cases, this is the biggest investment people have. We need to consider adjacent properties and their considerations. The current zoning is BR, mixed use. As a transitional area between heavier commercial use and residential, the idea behind that was that’s a mixed-use district, which means homes and businesses co-exist within that zoning. It’s a zoning district meant to be compatible with homes. That was taken into consideration when it was originally zoned. The Comprehensive Plan calls for this area to be commercial and office as well. A lot of these issues can be resolved with a more detailed plan. Section 9.7 of the Comprehensive Plan states that a PUD should be used for commercial developments. This is a prime opportunity for a Planned Unit Development, because it will allow the City to have a little more say over exactly how this is developed, how the existing Kroger might re-utilize their property that they currently have. It allows all these uses to be put into a set plan that all parties agree on. He feels this route should be considered.

Mr. Gore reminded everyone that as the property is zoned now, a strip mall is permitted. Mr. Reams said a shopping center is not a permitted use in either B-1 or BR; it’s a conditional use in B-1, but not permitted or conditional in BR.

Mr. Dennis Schulze addressed Council. He represents the 14 families that live in the Clark addition, and they are currently dealing with the Cook property. That property is currently going PUD and as a result, details on buffering, etc. are being discussed. One of the concerns of the Clark addition residents is traffic. They are concerned about the Twigg property development as well.

Mr. Paul Richmond lives in Woods at Mill Valley. He asked the developer what the driving force is to put Kroger on this property with all the other commercial property that is available in the City. The developer will talk to Mr. Richmond after the meeting.

Mr. Marshall received 17 emails regarding this issue. Traffic is a major concern. No matter whether the Twigg property is zoned B-1 or BR, there must be a plan to deal with traffic. One-third of the City lives in Mill Valley and everyone must funnel through two exits in and out of Mill Valley. Once the area is fully developed, there will be an additional 200 homes, compounding the problem even more. Also, the Cook development is coming. He commented that Kroger is a wonderful tenant to have in Marysville and doesn’t mind if they end up there, but a plan must be in place to handle the traffic before the development begins, both for the Cook’s and the Twigg’s property. He wants the project done right. He noted there is additional traffic in the area because of the elimination of busses to the three schools in Mill Valley.

Mr. Gore noted traffic is just not an issue in the Mill Valley area; it’s all over the City.

Mr. Marshall said he doesn’t put all the responsibility on Kroger or the developer. Feels it is more of a City responsibility to put a traffic plan in place. He commended Casto and Kroger for coming forward when they really didn’t have to.

Mr. Gore reminded Administration to put information on the City’s website in order to keep people updated on the issue.

Mr. Taylor moved to table to date specific, February 28, 2008 and the question put, stood:

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

Motion passed.

The ordinance “AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,800,000 OF NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING COSTS ASSOCIATED WITH CONSTRUCTING, SURFACING AND IMPROVING CITY STREETS, WITH RELATED EQUIPMENT AND ALL NECESSARY APPURTENANCES, AND RETIRING NOTES PREVIOUSLY ISSUED FOR SUCH PURPOSE” was presented for third reading, title only. Mr. Reams moved to pass the legislation and the question put, stood:

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

Ordinance 4-08 passed.

The ordinance “TO APPROPRIATE $7,000,000 FROM UNAPPROPRIATED INCREMENTAL WATER CAPACITY FEE FUNDS FOR THE PAYMENT OF THE WATER RESERVOIR PUMP STATION AND INSTALLATION OF THE DAM, AND RELATED WATER RESERVOIR PROJECT EXPENDITURES, AND MODIFYING THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION” was presented for second reading, public hearing. Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

1. Parks & Recreation Representative - Mr. Marshall reported that the Frozen Nose 4-Miler was held January 12. Had approximately 65 participants.

Parks & Rec Commission met in January to hold election of officers. Discussed paving trail in Greenwood Park.

Mr. Gore nominated Aaron Story to the Board of Zoning Appeals to fill the unexpired term of Mr. Taylor who was elected to City Council, and Mr. Jack Groat to Parks & Recreation to fill the unexpired term of Debbie Groat, who was elected to City Council. Mr. Reams moved to confirm the appointments and the question put, stood:

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

Motion passed.

Ms. Groat announced she is going to conduct public Ward meetings on February 5, March 4 and April 8. Meetings will be held in the basement at the Public Library, Meeting Room B, from 6:30 to 8:00 p.m. Residents in Ward 3 and anyone else who may be interested are invited. These are informational meetings. Anyone with a concern in her ward is welcome to attend and voice that concern.

Mr. Taylor said if anyone in Ward 4 needs to contact him, his telephone number is in the book and also on the City’s website. Please feel free to give him a call.

Ms. Sellers thanked all the Mill Valley residents for attending and thanked them for their involvement in the rezoning issue.

Mr. Fogt attended the meeting for Mill Valley and Raymond Road residents to discuss the reservoir. Felt it was a very good meeting. He commended Administration for sharing the information with everyone.

Mr. Gore commended everyone’s behavior at the meeting. It is not the intention of anyone to deceive anyone; it’s what’s best for the use of that land, and then go forward with the planning. It is also what’s best for this community. Feels there have been lessons learned from some of the past infrastructure improvements. All of Council realizes there are issues. They don’t want to be two years down the road to find out mistakes were made. Everyone has the citizen’s best interest, as well as the City of Marysville’s best interest at heart.

ADJOURNMENT: There being no further business to come before Council, the meeting adjourned at 7:45 p.m.