CITY COUNCIL MINUTES

 

MARCH 27, 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:  Mayor Schmenk, Finance Director Morehart, Law Director Aslaner, Clerk Patterson

 

REPORTERS PRESENT:  Ryan Horns-Journal Tribune, Jeff Donahue-ThisWeek

 

CITIZENS PRESENT:  Alan Seymour, Jillian Froment, David Burke

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on March 13, 2008 were approved as written.

 

ADMINISTRATIVE REPORT:  Mayor Schmenk asked for Council’s consideration to reappoint of Don Bergwall and Roger Yoder to the Planning Commission.  Both terms will expire on March 31, 2012.

 

Mayor Schmenk presented Ms. Jillian Froment as being the individual selected for the position of Director of Administration.  She explained the hiring process used to hire the new Administrator.   There was a seven-person selection committee consisting of Council President John Gore, Council Vice President Dan Fogt, Planning Commission Member Don Bergwall, County Commissioner Gary Lee, Human Resource Manager Brian Dostanko and former Public Service Director Tracie Davies and Mayor Schmenk.  A public search was conducted and advertised in the appropriate places for candidates.  A number of good resumes were received.  The search was narrowed by the skills and education background.  Some applicants decided they were not interested.  Ended up with a good pool of candidates.  A series of interviews were held.  The second round of interviews involved members of the community, such as the Chamber of Commerce and the Uptown Renewal Team.  It was unanimous for Jillian Froment to become the new Director of Administration.

 

Ms. Froment is currently serving as Executive Director for the State of Ohio’s eTech Ohio Commission where she manages a staff of over 80 people and a budget of roughly $34M.  She has a wealth of management experience.  She also has her Juris Doctorate Degree.  She formerly was Chief Legal Counsel to the State of Ohio, Office of Collective Bargaining and Assistant Deputy Director for the State of Ohio, Office of Collective Bargaining.  She has good negotiation skills and a good knowledge of how collective bargaining works, which will serve the City well, since we do have collective bargaining in our Police and Fire Divisions.  She impressed the panel in two other areas.  She is a strategic thinker, and the committee feels she is very well qualified to strategically plan for the growth the City is currently seeing and will be seeing in the future.  Ms. Froment wants to get very involved in the community.  She embraces the residency requirement in the Charter.  Mayor Schmenk asked for Council’s confirmation on the appointment of Jillian Froment as Director of Administration.

 

REPORT OF CLERK OF COUNCIL: Clerk Patterson reported that she received 3 requests for liquor permits.  She gave Council information on the status of liquor permits in Marysville as of March 24, 2008.  The quota has been increased since 2006.  Restaurants are included in this quota, however, there is no quota for a D5I permit, which is for restaurants meeting a certain criteria, such as population of 100,000 or less, inside seating capacity for at least 140 persons, 4,000 sq. ft. of floor area, offer full-course meals, appetizers and sandwiches and its receipts from beer and liquor sales, excluding wine sales, do not exceed twenty-five per cent of its total gross receipts, just to name a few.

 

1)     Stillings Salon Services LLC, 104-106 S. Main St. requests D1 and D2 permits, which are for beer and wine and certain prepackaged mixed drinks for on premises consumption and in sealed containers for carry out, until 1:00 a.m.

 

2)  17815 Mill Valley LLC, 17815 SR31, requests D1, D2, D3, D3A permits.  I understand there may be a bar & grill type establishment going in where San Francisco Hofbrau used to be.  D1 is for beer only for on premises consumption and in sealed containers for carry out until 1:00 a.m.  D2 – wine and certain prepackaged mixed drinks for on premises consumption and in sealed containers for carry out, until 1:00 a.m. --  D3 – Spirituous liquor for on premises consumption only until 1:00 a.m.  --  D3A Extension of issued permit privileges until 2:30 a.m.

 

3)     J & R BBQ, LLC, dba Conways BBQ, 16421 Square Drive, requests a D5I permit.  This permit is for spirituous liquor for on premises consumption only, beer and wine for on premises, and off premises in original sealed containers until 2:30 a.m. (restaurants meeting certain criteria (as noted above). 

 

Mr. Aslaner added that permits are based on population.  According to the Liquor Control Board, the City’s population is 20,533.  For every 1,000 people, they allow one carry-out permit and for every 2,000 people, they allow one on-site permit.  City is currently allowed 21 carry-out permits and 11 sit-down permits.

 

Mr. Gore expressed concern for an establishment selling liquor, which is close to a residential area, and not knowing exactly what type of establishment is going in there.  It’s one thing if you are putting in a restaurant that serves alcohol, but it’s another thing if you are you are putting in a bar or dance club that will be open until 2:30 a.m.  Should Council have that expectation to question the type of establishment?  Mr. Aslaner said he feels it’s more of a zoning issue.  Does Council have the right to ask what establishment is going in?  Mr. Aslaner said yes, but was unsure if Council had a valid right to object based on the type of business going in.  Mr. Marshall asked what Council would be able to object to.  You couldn’t object to someone opening up a business that is lawful.  It’s the responsibility of the Liquor Control Board to make sure they do not issue a permit to a convicted felon, etc.  Mr. Gore feels we need to pay closer attention.  Mr. Aslaner feels Council would have a problem objecting to a permit due to the type of business.  Mr. Gore feels Council should know who that permit is going to.  Mr. Aslaner agreed. 

 

Clerk Patterson will call Casto Development to see if she can find out detailed information before the next meeting. 

 

Police Chief had no objections on these permits.

 

REPORT OF PLANNING COMMISSION:  Mr. Alan Seymour addressed Council.  Things have been slow on the Design Review side of the business.

 

Planning Commission is recommending the zoning of 114.007 acres at Southard Road and Milford Avenue for the school.  Legislation is on Council’s agenda this evening.  Recommendation is for a GOV District, the first one in the City.  GOV District is a new district for schools and government entities.

 

Agenda items for the April meeting--Galbury Meadows, The Oaks and Adena Point will come to Planning Commission requesting an extension.  They are required to come to Planning Commission after 12 months of inactivity for new phases to request an extension.  They have full intentions of moving forward, but now is not the right time. 

 

Cooks Development is moving forward and will bring to Planning Commission a Preliminary Plat.  Planning Commission is reviewing and updating Section 1105, which is an update of basic codes.  It’s mainly for the purpose of clarifying the code and making it more user friendly and easier for the staff to read. 

 

Mr. Seymour was pleased to see Don Bergwall and Roger Yoder were reappointed.

 

Design Review Board met on March 20th.  Ohio Certification for Local Government Program had a mandated training session.  This is a requirement of maintaining the

 

Ohio Certification for Local Government Program.  It is relative to historical districts only.  It was well attended. 

 

Mr. Seymour stated this is his last meeting for reporting on Planning Commission.  With term limits, he will no longer hold an official position on the Commission.  Election of officers will be held at the April meeting. 

 

HEARING OF CITIZENS:  Mr. David Burke addressed Council.  He thanked everyone for their support of candidacy for the Ohio House.  As a group, as a City and as a County, he’s humbled.  “I may have run this race, but Union County won this race and for that I thank you.”  There is a lot of work to be done.  It’s going to be a new experience for Union County, as well as Logan County.  Being from Marion County originally, he looks forward to serving his home county as well.  He’s at your service; he works for the people.  Union County has been blessed with a lot of opportunities that haven’t occurred in the rest of the district.  He looks forward to moving those opportunities throughout the district and showing people what makes Union County great and what will make the 83rd District one of the best districts in the State. 

 

Mr. Fogt moved to confirm the appointment of Jillian Froment as Director of Administration 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

 

Motion passed.

 

Mr. Taylor moved to confirm the reappointment of Don Bergwall and Roger Yoder to Planning Commission, terms to expire March 31, 2012 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.

 

RESOLUTIONS

 

“A RESOLUTION APPROVING AN APPLICATION FOR THE PRESERVE AMERICA COMMUNITY DESIGNATION” was presented for third reading, title only.  Mr. Fogt moved to pass the legislation and the question put, stood:

 

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

 

Resolution 6-08 passed.

 

“RESOLUTION SUPPORTING D.A.R.E. PROGRAM FOR THE 2008/2009 SCHOOL YEAR” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.

 

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

 

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

 

Motion passed.

 

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

 

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

 

Resolution 7-08 passed.

 

ORDINANCES

 

“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 third reading, title only.  Ms. Groat 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. Marshall  YES

 

Ordinance 10-08 passed.

 

The ordinance “TO AMEND SECTION 1144.03, ESTABLISHMENT AND DUTIES AND RESPONSIBILITIES, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  A Public Hearing will be held on April 24, 2008 at 7:00 p.m.

 

The ordinance “AUTHORIZING THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $24,750,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF (I) PAYING COSTS ASSOCIATED WITH THE ACQUISITION, CONSTRUCTION, EXPANSION, REHABILITATION, AND IMPROVEMENT OF THE CITY’S MUNICIPAL WASTEWATER COLLECTION AND TREATMENT SYSTEM, AND (II) PAYING COSTS ASSOCIATED WITH THE DESIGNING AND ENGINEERING OF THE SOUTHWEST TRUNK SEWER AND JOB READY SITE LOCATION WITH RELATED SITE IMPROVEMENTS AND APPURTENANCES THERETO, AND RETIRING NOTES PREVIOUSLY ISSUED FOR SUCH PURPOSE; AND AUTHORIZING USE OF AN OFFICIAL STATEMENT RELATING TO THE SALE OF THE NOTES, IF NECESSARY” was presented for second reading, public hearing.  Mr. Marshall moved to waive the reading in full; affirmative voice vote was unanimous.  Mr. Fogt commented that this is not new money. We’re not borrowing any money.

 

The ordinance “TO AMEND ORDINANCE 2-03, RULES AND REGULATIONS OF THE CIVIL SERVICE COMMISSION” was presented for first reading, title only.  Mayor Schmenk explained that these amendments would allow Administration to operate more efficiently.  Civil Service Commission has been in the City for a number of years and has served very valuable roles.   Participation by the members has been very good.  In looking at ways that would allow Administration to operate the City more efficiently, it has been concluded that it would be more efficient to not have the Civil Service Commission members involved in the interview process when interviewing candidates for public service.  It is allowed under the Ohio Revised Code and all other applicable statutes.  Also did a survey of how other cities involve their Civil Service Commission and found that Marysville is alone in working with the current process.  Surveyed and received input from various departments in the City and found that things could be run more efficiently if the Civil Service Commission members were not involved in that part of the process.  Mayor Schmenk said the City wants and needs their involvement in the testing procedure.  The recommendation is to change the procedures accordingly.

 

Mr. Gore added the Commission will still have a very critical role in determining eligible candidates for interview through the assessment process.  They will be responsible for conducting the assessment testing to determine eligibility.  That list will then be passed on to the Human Resources Department, who in turn, will handle the interview process.  A Civil Service Commission member will be welcome to the interview at any time.  They can be present at the interview, but will not be a part of the interview team.  One of the issues that has come up in the past with the existing process, was that all three members would show up for the interviews, which is then a public body, and now requires a public meeting for the personnel interview.  The Civil Service Commission will still be the appeal body for Civil Service employees if there are issues.  Administration is in hopes this will allow the City to create a pool so that if there is an opening at the Police Department, for example, they could pull from the pool of certified people.  These changes will streamline the interview process. 

 

Ms. Groat commended everyone on the way in which this was handled among the Mayor, Human Resources and Council.  There was a spirit of cooperation and compromise on several issues. 

 

The ordinance “TO REZONE 114.007 ACRES, MORE OR LESS, LOCATED AT STATE ROUTE 4 AND SOUTHARD ROAD FROM TOWNSHIP ZONING (TWP) TO GOVERNMENT USE DISTRICT (GOV)” was presented for first reading, title only.  A Public Hearing was scheduled for May 8, 2008 at 7:00 p.m. in Council Chambers.

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative  -  No meeting in March, but Parks & Rec will meet in April.

 

Ms. Groat reminded everyone that there will be a Ward 3 meeting on April 8th in the Library Meeting Room B.  Ward residents and all other interested participants are welcome to attend.

 

Mr. Taylor said with spring time coming, he asked the Journal Tribune if they would remind everyone to seal up their trash bags or secure their cans so that trash and cans do not blow over to their neighbor’s property.    He received several complaints from Ward 4 residents.  Landlords are reminded to take care of their property as good neighbors. 

 

Ms. Sellers thanked Mr. Seymour for his service as President for the Planning Commission.  Feels he served the Commission and the City well. 

 

Ms. Sellers and Mr. Seymour served on the Marysville Community Reinvestment Area Housing Council.  The annual meeting was held on March 5, 2008.  This Council is a body who meets to approve certain properties for tax abatements.  They want people to know there are five commercial and two residential properties currently receiving abatements in our community reinvestment area.  Dave’s Pharmacy took advantage of this abatement.  It’s an abatement on the improved value of the property.  This Community Reinvestment Area is a large area, covering the downtown.  People can get tax abatement on improvements to their homes up to 75% of the property value of the assessed improvement.  This is a great program.  She has brochures if anyone is interested. 

 

Mr. Fogt thanked Mr. Seymour for his hard work on Planning Commission. 

 

Mr. Fogt said if Council Members had not seen the sewer line construction along Industrial Parkway, they need to go see it.  It’s interesting to see it during construction. 

 

Mr. Gore noted an email from Chief Golden regarding parking issues, as a result of the last Council meeting.  The ordinance prohibits some residents from parking in front of their apartments in certain parking zones.  The Police Department is keeping an eye on cars setting in the City parking lots for an extended period of time.  There is a 24 hour limit.  Public Service Committee will be discussing parking issues at their next meeting.  Council received a copy of the Parking Code. 

 

Mr. Gore met with Messers. Morehart and Green in the Finance Department regarding the trash collection issue.  He is meeting with them again tomorrow to discuss further options and to decide if changes are necessary.  Mr. Gore saw comparisons on how other cities charge and their procedure for collection, and found out that Marysville gets more for what they pay than most communities. 

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 7:50 p.m.