CITY COUNCIL MINUTES

 

FEBRUARY 28, 2008

 

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

 

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

EXCUSED:  Mr. Taylor, Mr. Reams, Mr. Marshall

 

OTHERS PRESENT:  Mayor Schmenk, Director of Administration House, Asst. Finance Director Green, Law Director Aslaner, Clerk Patterson

 

REPORTERS PRESENT:  Ryan Horns – Journal Tribune, Chris Alexis, ThisWeek News

 

CITIZENS PRESENT:  Russ Jones, Cory Bunsold, Dennis Schulze, Pete Griffin, Jim Cox, Carmella VanZant, Mick McCoy, Barb McCoy, Nathalie Naslund, Charles Fraas

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on February 14, 2008 were approved as written.

 

ADMINISTRATIVE REPORT: Ms. House reported on the addition of six new street lights on Maple Street, between Elwood Avenue and Quail Hollow Drive, in an effort to brighten up the area for the kids who walk to the Middle School and High School.  Existing lights were also upgraded with higher wattage bulbs. 

 

Ms. Schmenk, along with Council President Gore, presented a plaque and gift certificate to the Employee of the Quarter, Cory Bunsold, Streets Equipment Operator.  Cory is a highly respected and skilled Streets Equipment Operator. His asphalt and concrete finish work are outstanding. Cory was instrumental this last quarter in the accomplishment of the City’s sidewalk replacement program, as well as major street paving repairs. His expertise in backhoe operations and concrete set up and finish work made him a key player in day-to-day operations. Cory was the Chief Operator for base repair and roadway maintenance operations.  He performed all plumbing to relocate the salt brine manufacturing system to Public Service Center. He is always willing to pass on his knowledge and desire for perfection. Cory is very dependable and is always available for any emergency call outs. He is a true team player who brings a high level of expertise and pride to our Streets Division.

 

REPORT OF CLERK OF COUNCIL:  Clerk received a request for a C1 liquor license for 567 East Fifth Street, LLC, which is the Sunoco Station.  C1 is for Beer only in original sealed containers for carry out only until 1:00 a.m. In January, they requested a C2 license.  Police Chief had no objections.  Council had no objections.

 

REPORT OF PLANNING COMMISSION:  No report.

 

HEARING OF CITIZENS:  Mr. Russ Jones addressed Council regarding an extra charge on his trash bill.  He has paid the same amount for the last few months and generally has the same amount of trash, then all of sudden his last bill showed an extra charge of $1.20.  He did not have a lid on his trash can.  The top bag was sticking up about 3” out of his trash can, thus the reason for the charge. He called the Utility Department and was told that if the lid was not secured all the way down, you will be charged extra.  He doesn’t feel it’s fair to be charged for extra trash if it’s in the can.  He was given a credit for the $1.20.  Mr. Gore commented that he had received three complaints from residents the evening before about the extra charge on their trash bill.  He checked his bill and found he had the extra charge as well.  He talked with the Mayor and Mr. Morehart about the process.  He was told that the sanitation workers are instructed that if a bag is half in and half out of the can, the resident should be given credit for that bag being in the can.  If the bag is on top of the bag that is half out of the can, there should be an extra charge.  Mr. Gore fears there is no accurate way to determine if there should be an extra charge or not.  Feels the City needs to take a look at the process to be sure there is consistency. 

 

Mr. John Green, Asst. Finance Director, says they receive trash complaints on a daily basis.  He explained the process that is followed by the City and the trash hauler.  The program has been in place since 1993.  Volume based pricing is supposed to encourage recycling by providing financial incentive not to put so much trash out.  It also charges people that generate the most trash the higher bills.  Until 2004, the City did not monitor the program very well, so there were very few complaints.  Beginning in 2004, City started getting complaints about selective enforcement.  April 2004, City commissioned City sanitation employees to audit the trash.  They go out and run the trash route before the trash trucks and write down everything that is not in compliance with Code.  At that time, they were directed that a bag half in and half out should be credited.  If there is a bag on top of that bag, it should be counted as extra.  Mr. Green has heard the Utility Clerks tell residents that they will be charged extra for anything above the rim.  He talked with the Clerks and told them residents are to be given credit for bags half in and half out of the can.  He said it’s always the best option if you can get the lid on the can, then there is no question, however, there is no requirement that the lid be on the can.  Mr. Green suggested that Mr. Jones put his address on the can to avoid a mix-up with someone else’s trash. 

 

Mr. Gore said he has no lids for his trash cans.  The trash hauler dumps the trash and throws the can and the lid on the ground, which then gets blown away by the wind. 

 

Mr. Gore said that the City trash auditor goes out and audits the trash, then the trash hauler comes by, picks up the trash and he writes up an excess trash report.  He understands sometimes the hauler writes it down, sometimes he doesn’t.  It depends if he’s in a hurry to finish his route.  What happens if the City doesn’t report a charge, but the hauler does, is there still a charge?  Mr. Green said yes.   Mr. Gore feels the reports should have to match.  Mr. Green said you would think two people would see the same thing, but that’s not always the case.  The City employees seem to notice a lot more than the hauler who is trying to get their route done and get back to Bellefontaine.  He has noticed in the last three or four months, the Allied employees have become a lot more diligent about writing these up.  The difference between what we (City) writes up and what the hauler writes up, basically pays for the trash auditor, plus the clerk’s time to put it in the system, plus the time to address questions from the residents.  It is a very time consuming and very labor intensive process. 

 

Mr. Gore suggested the City take another look at this and how it’s handled.  He would like to see the Journal Tribune print the rules for everyone’s information.  Mayor Schmenk agreed.  Mr. Green said it’s been discussed about putting information on the utility bills, cable channel, the website and the Journal Tribune.  A pamphlet explaining the program would be sent to all new accounts as well.

 

Ms. Nathalie Naslund addressed Council.  She spoke about the school levy.  She has one current student and two future students in Marysville.  She feels Marysville is a wonderful city and is growing quickly.  As it grows, feels it’s even more important that all aspects of the City work together to support this growth.  With the growth, the school district is reacting by requesting the levy.  The residential growth is far outpacing the property growth.  In 2005, the tax code changed which pushed the burden onto the local taxpayers.  She noted that the model on how the schools are funded throughout the State of Ohio was deemed unconstitutional.  The community has not been mentioning that the burden should be on the State of Ohio.  She said she is looking for support from Council to help reach out, show the people it’s support.  We need to help our own community first, and then come as a community to push and be more vocal and present the State of Ohio that something needs to be done, that we can’t depend on levies and property taxes. 

 

Mr. Gore commented personally, that he had four kids go through the school system here and is very pleased with where they are today.  He has never voted against the school levy and doesn’t plan to start now.  Council as a body can’t show support because there is no resolution on the agenda. 

 

Mr. Jim Cox, Uptown Renewal Team Chairman, addressed Council.  He reported on the 2007 Annual Report.  2007 was a great year for URT.  He noted accomplishments. Established a logo and also a website for URT, which helps with community awareness.  Friday Night’s Uptown.  Ms. House was credited for the successes of those events.  They have averaged over 400 people at those events, which raised over $37,000 for URT. 

 

The organization visited other communities to get an idea of some of the best practices of their cities. 

 

He noted the dedication of the plaque for General Beightler.  That was in coordination with the Ohio Historical Society.

 

By working with City Staff, accomplished the Certified Local Government, which hopefully will translate into future grant opportunity.

 

Multiple public meetings were held, one regarding uptown parking, Design Review Guidelines and an open house was held for URT. 

 

Members of Uptown Renewal Team met with over 160 uptown businesses and non-profit organizations.

 

Since the establishment of URT and through 2007, $3M has been invested in uptown Marysville.  They anticipate over $5M to be invested by the end of this year. 

 

In 2008, they are looking forward to the Scotts Museum, which will hopefully bring visitors to the uptown. 

 

The restaurant, Old Bag of Nails, is coming to Marysville and will be located in the old Steppin Out building, which is newly renovated.

 

Renovations of the County Building amount to well over $1M.

 

Plans for revitalizing and cleaning up the Town Run. 

 

A spa is moving into the old Weiss’s location. 

 

URT plan on applying for a Tier 2 status with the help of the City and expect the result of that ultimately would mean hundreds of thousands invested in uptown Marysville. 

 

URT had a great 2007 and is excited about 2008. 

 

RESOLUTIONS

 

The resolution “TO ACCEPT THE FACT FINDER’S REPORT AND RECOMMENDATION REGARDING CITY OF MARYSVILLE AND FRATERNAL ORDER OF POLICE, OHIO LABOR COUNCIL, LODGE #171 AND DECLARING AN EMERGENCY” was presented for second reading, public hearing.  Ms. Groat moved to waive the reading in full; affirmative voice vote was unanimous.  Third reading of this legislation will be held at a Special Council Meeting on February 29, 2008 at 5:45 p.m.

 

The resolution “TO ACCEPT THE COLLECTIVE BARGAINING AGREEMENT WITH FRATERNAL ORDER OF POLICE, OHIO LABOR COUNCIL, LODGE #171 FOR YEARS 2008-2010 AND DECLARING AN EMERGENCY” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  Third reading of this legislation will be held at a Special Council Meeting on February 29, 2008 at 5:45 p.m.

 

“RESOLUTION AUTHORIZING THE MAYOR TO COOPERATE AND ALLOW THE OHIO DEPARTMENT OF TRANSPORTATION TO RESURFACE US33 FROM SOUTH OF THE US36/DELAWARE AVENUE INTERCHANGE IN MARYSVILLE, OHIO TO FRANKLIN COUNTY LINE AND DECLARING AN EMERGENCY” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.

 

“RESOLUTION AUTHORIZING THE CITY ADMINISTRATION TO SELL .089 ACRE TRACT OF LAND” was presented for second reading, public hearing.  Ms. Sellers moved to waive reading in full; affirmative voice vote was unanimous.

 

“A RESOLUTION APPROVING AN APPLICATION FOR THE PRESERVE AMERICA COMMUNITY DESIGNATION” was presented for first reading, title only.  Ms. House explained this is a Federal program that was enacted a couple of years ago. $5M was allocated in 2006 and 2007.  2008 has not been finalized yet, but looking at $10M.  Preserve America are communities that celebrate heritage.  They are historical assets for economic development and community revitalization.  The benefits of becoming a Preserve America community are White House recognition, Preserve America community road signs and eligibility for grants, authorization to use the Preserve America logo.  There is a listing on the City’s website, Preserve America directory. 

 

ORDINANCES

 

The ordinance “TO REZONE 18.555 ACRES, MORE OR LESS, LOCATED AT 17779 SR31 AND 17255 MILL ROAD FROM BR (BUSINESS RESIDENTIAL) TO B-1 (SERVICE BUSINESS DISTRICT) was presented for third reading, public hearing.  Mr. Gore said there was a request to withdraw this application.  Mr. Charles Fraas confirmed the withdrawal of this request and stated they would go back through the process in the future.  Ms. Sellers moved to accept the withdrawal of the petition to rezone, seconded by Mr. Fogt and the question put, stood:

 

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

 

Motion passed.

 

Mr. Gore commended Mr. Fraas’s approach to this issue.  The feedback he has received recently has been positive because of the communication Mr. Fraas has had with the residents in keeping them updated on the issue.

 

“ORDINANCE ACCEPTING A GIFT OF REAL ESTATE ON NORTH MAPLE STREET” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “TO APPROPRIATE $3,270.30 FROM UNAPPROPRIATED GENERAL FUNDS FOR CITY SAFETY EXPENSES FOR THE ANNUAL COUNTY HEALTH FAIR AND OTHER WELLNESS INITIATIVES, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THESE EXPENDITURES” was presented for second reading, public hearing.  Ms. Groat moved to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “TO APPROPRIATE $111,000 FROM UNAPPROPRIATED GENERAL FUNDS FOR THE PURCHASE AND INSTALLATION OF MOBILE DATA COMPUTERS IN THE MARKED POLICE VEHICLES AND AUTOMATIC VEHICLE LOCATION (AVL) SOFTWARE, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THESE EXPENDITURES” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Fogt asked if this equipment has LEADS capability.  Chief Golden said it does not have LEADS accessibility at this point, but it can be added in the future.  This is a basic configuration for mobile computers, as well as having automatic vehicle location in it in order to track the vehicles through Dispatch.  In order to have LEADS access, you need a different type of infrastructure.  Ms. Sellers asked if it had internet capability.  Chief Golden said it will have wireless capability and internet access.  Will be able to connect to Ohio Law Enforcement Gateway, which will give us a lot of investigative information in the cruiser.  Chief Golden talked to the Sheriff’s Department previously about using their infrastructure, and they were willing to do that, but there is an issue now that they may change to a different records management system and a different way of contacting LEADS themselves.  Rather than going ahead and asking for funding for LEADS access now, he wants to wait to see what they are going to do.

 

The ordinance “TO APPROPRIATE $40,000 FROM UNAPPROPRIATED GENERAL FUNDS, AUTHORIZING THE TRANSFER OF $40,000 FROM THE GENERAL FUND TO THE STREET MAINTENANCE AND REPAIR FUND, AUTHORIZING ADDITIONAL APPROPRIATION OF $40,000 IN THE STREET MAINTENANCE  AND REPAIR FUND FOR STREET SALT, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THE STREET SALT EXPENSES” was presented for second reading, public hearing.  Ms. Sellers moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Gore explained this is the main reason for the special meeting tomorrow night.  Salt shortage is not unique to Marysville.  This initial request for $40,000 was expected to take care of the rest of the season, but because of the recent snow, may have to come back for more money.  Third reading of this legislation will be held at a Special Council Meeting on February 29, 2008 at 5:45 p.m.

 

“AN ORDINANCE AMENDING 2008 APPROPRIATIONS AND AUTHORIZING AN ADDITIONAL TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE STREET MAINTENANCE AND REPAIR FUND AND MODIFYING THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ACTION” was presented for first reading, title only.  Mr. Green explained that when they were putting the 2008 budget together, they saw there was going to be a need for an additional $400,000 in the Street Fund, as part of their discussions in August.  Unfortunately, when he updated the spreadsheet, it ended up in the 2007 forecast line instead of the 2008 budget line, which makes it short of what was planned on for this year.  The Street Fund is funded primarily from gas tax and motor vehicle tax received from the State of Ohio and from Union County.  The General Fund subsidizes the difference between cost of operations and the gas tax and motor vehicle taxes.  When Council authorizes Finance to transfer money from the General Fund to the Street Fund at the beginning of the year, they are authorizing the transfer of up to “X” number of dollars.  Say you’ve got $1M, Finance breaks that up into four quarters and transfers the money in March, June, August, September and then waits until the end of the year to see what is needed on a cash basis to try to make sure the cash in the fund covers the outstanding encumbrances.  When they did that, they determined that they did not in fact have to make that 4th quarter transfer, without looking to see that we planned on spending more than we planned on having next year.  He is asking Council to reauthorize the 4th quarter transfer that was not made.  Even though it was approved last year, that authorization expires at the end of the year.  He is

asking that it be reauthorized and then an additional $207,500 that would have been part of that $400,000.  Even though he is asking to put more money in it this year, actually ended up 2007 in a lot better position than anticipated.  The initial $400,000 is now $207,000, but we need that $207,000 plus the $217,000 that was not transferred at the end of the year to cover what they plan to spend next year.  If more gas tax or motor vehicle money is received, or less money is spent than anticipated, not all of these dollars would be transferred at the end of the year.

 

Ms. Groat questioned the dollar figure not being in the title of the ordinance.  Mr. Green noted the dollar figure is at the bottom of the first page.  It’s been done both ways in the past.  It was agreed that the dollar figure should be in the title from now on. 

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative – Mr. Russ Jones, Chairman of Parks & Rec Commission reported that Jack Groat is the new member of Parks & Rec.  That appointment completes the board.  The Commission voted unanimously on a Tree Memorial Program.  This program is for anyone wishing to plant a tree in memory of or in honor of someone, a plaque will be set in stone at the base of the tree or bench. 

 

Ms. Groat announced she was having a meeting on March 4th, at the Library in Conference Room B, from 6:30 p.m. to 8:00 p.m. for Ward 3.  Anyone wishing to attend outside of Ward 3 is welcome.  She was impressed with last month’s meeting.

 

In response to Ms. Naslund’s comment, she strongly supports personally the passage of the levy and encouraged all of Marysville to come out and vote for the levy.  This may be a conflict of interest, but said she would be glad to take that hit because she is employed by the school district. 

 

Ms. Groat said she so much appreciates Kroger for taking what could have been a controversial zoning issue and turning it into a positive demonstration of cooperation and community support. 

 

Ms. Sellers reported on the Public Affairs Committee meeting held just prior to the Council Meeting.  They reviewed Council Rules of Procedures.  Ms. Groat and Ms. Sellers are going to introduce legislation to insure that all residents have an opportunity to speak at Committee meetings. 

 

Also discussed the letter received from Marysville Senior Housing LLC.  Ms. Groat said this organization has informed the City that they will be the owner of a residential rental development located...  This will be located on Milford Avenue, in Ward 3, within a stone’s throw of two other senior housing companies, Windsor Manor and Helen Evans.  After contacting managers of Windsor Manor and Helen Evans, it seems that there is questionable need for this development.  Both Windsor and Helen Evans are at 100% capacity, but with very limited waiting lists. In a business of that nature, a waiting list is mandatory to stay in business.  Ms. Groat expressed concerned at the fact that the original letter sent to City Council had no telephone number in which to contact them, and when she contacted directory assistance, there was no listing in Ashville, Ohio.  She is also concerned that the letter was written February 13 and Council has 30 days to respond if there is indeed a negative response to it.  This cannot be accomplished in the legislative timeframe.   This will be on the agenda within the next two weeks.  Community members who want to discuss this issue are welcome to attend her Ward 3 meeting. 

 

In summary, Ms. Sellers said we have an organization that’s applying for certain income tax credits and plans to develop 48 units of affordable housing on Milford Avenue, and Council has 30 days to object to this.  There is not enough time from the date of this letter to make an objection, so she wanted to bring this to the public’s attention. 

 

Public Affairs will meet again on April 17, 2008 at 6:00 p.m.

 

Ms. Sellers stated she also supports the school levy and appreciates Ms. Naslund’s comment to support the school, and then also look at ways that we, as a community, can not only improve the school system, but also seek to assist our state in straightening out this funding situation.

 

Mr. Fogt asked if Council should object or question what’s going on with the Senior Housing issue.  Ms. Groat said phrasing of the letter is there is nothing Council can concretely do.  If Council chooses to object, she doesn’t see that it’s going to hold any water.  A written statement of disapproval or objection must be submitted.  She feels legally that means nothing, but would like Council to consider the actions that are going on in this community. 

 

Ms. House said it’s her understanding that this letter notifies the establishment of the LLC of the corporation of their intent.  Whether they’ll receive tax credit is another matter.   Whether or not they build a building is another matter.   Mr. Gore said normally any time someone is seeking some type of funding or recognition in the community, it requires some letter of support from the community.  That will be our opportunity at least, if the decision is made by this body, to not support that.   The frustration of the Committee is not having enough time to review the situation and report back to Council.   Ms. Groat said this first came to her attention casually on January 25th.  She feels Ms. House was blind sighted with the speed when what she thought was a minor issue became “will be the owner of a residential rental development” issue. 

 

The Public Affairs Committee asked that Ms. House contact someone from this venture and have them speak at the April 17th Public Affairs Committee meeting.

 

Mr. Gore shared a positive experience with the new Mayor as far as sharing of some information.  He thanked the Mayor because it allowed him to share the information with Council right away before they read it in the newspaper.  He has enjoyed the opportunity to be a partner, as the Mayor has said, because Council is a partner with Administration in running the City.  Council looks forward to continuing the partnership and to continue to serve the citizens of Marysville and to do the right thing.  Mayor Schmenk responded by saying, “It’s a natural thing because we are partners.” 

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 7:55 p.m.