CITY COUNCIL MINUTES

 

APRIL 10, 2008

 

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

 

Rick Marczak led the Pledge of Allegiance.

 

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

 

OTHERS PRESENT:  Asst. Finance Director Morehart, City Engineer Roush, Asst. City Engineer Palmer, Law Director Aslaner, Clerk Patterson

 

REPORTERS PRESENT:  Ryan Horns – Journal Tribune

 

CITIZENS PRESENT:  Alan Seymour, Bill Kelley, Bill Obenour, Ryan Obenour, Daniel Perkins, Ryan Clouse, Rick Marczak, Zack Marczak, Richard Marczak, Kathy Young, Eric Phillips

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the Special City Council Meeting on March 27, 2008 were approved as written.

 

There being no additions or corrections, the minutes for the City Council Meeting on March 27, 2008 were approved as written.

 

ADMINISTRATIVE REPORT:  No report.

 

Mr. Reams asked if there were any more income tax sessions scheduled.  Mr. Green said no, but anyone is welcome to come to the Finance Department between the hours of 8:00 a.m. and 4:30 p.m., Monday thru Friday, and someone would help them with their taxes.

 

A request was made to add a piece of legislation to the consent calendar relative to Design-Build Contracts.  Mr. Palmer explained this legislation is specific to creating a provision within the Codified Ordinances to allow design build for projects under $500,000.  There are currently no direct provisions within the Ohio Revised Code, which all contracting is done under, for a design build and how it’s done.  This legislation creates a procedure to do that.  City wants to do the kiddy-pool project as a design-build project, because the experts who design pools are also the ones who build them, instead of hiring a consultant as is done with all other projects, then put it out for design  build bid.  This procedure will enable the project to be done this year.  The project has been budgeted.   Mr. Gore suggested waiving the readings in order to expedite the project.

 

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

 

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

 

Motion passed.

 

REPORT OF CLERK OF COUNCIL:  Clerk Patterson reported on the liquor permit in question for 17815 Mill Valley LLC.  She talked with Mr. Casto.  He currently has no tenant for that location, but has talked to various individuals.  He is looking for a restaurant with a bar-type establishment.  He assures Council that he would do nothing to jeopardize the other businesses in the plaza.

 

Also, received a request for a D5 permit for Chapala, LLC, dba Fiesta Grande, 117-10-21 W. 5th Street.  D5 is for spirituous liquor, beer and wine for on premises consumption and off premises in original sealed containers until 2:30 a.m.  (Currently has D1, D2, D3 and D6 licenses).  Police Chief had no objections to either permit.  Council had no objections.

 

REPORT OF ECONOMIC DEVELOPMENT DIRECTOR:  Mr. Phillips reported on the groundbreaking for Advance Technologies (Goodyear) held on Monday.  This means an $18M investment, adding on about 24,000 square feet.  Production will also be increased in order to make things more efficient. 

 

The Community Reinvestment Area Housing Council met in early March.  A report was made to the Ohio Department of Development.  All tax incentives in that district are in compliance.  Also filed Enterprise Zone report with the State of Ohio in March.  There will be a press release showing the success of the programs and what they mean to Marysville. 

 

Mr. Phillips reported that he received the official letter from Ohio Department of Development.  City had some issues with natural gas through the Job Ready Sites grant.  Many people went to the Ohio Department of Development to meet on this issue.  As a result of that meeting, the City has secured the grant to continue.  First quote was $14M and have received a much less quote now, less than $1M, which will fit into the grant application. 

 

HEARING OF CITIZENS:  Boy Scouts were in attendance because they are working on a communication merit badge and also to hear pros and cons on issues from Council. 

 

Mr. Seymour announced that Ken Kraus was elected Planning Commission Chairman and would be reporting to Council in the future.  Mr. Kraus encouraged Council to send him an email with questions or concerns. He’ll be glad to answer any procedural questions, but if there are other questions or concerns, he’ll forward them on to the other members for their information.

 

Planning Commission has two special meetings scheduled, one on April 16th and one on April 21st.  The meeting on April 16th will focus on traffic on Rt. 33/31 interchange area.  Planning Commission needs to get a feel of this before they get into any detail for Cook’s Pointe.  Also discussed on April 16th and April 21st will be Cook’s Pointe.  Planning Commission will be going page by page, detail by detail, through the review process of Cook’s proposal.  Mr. Kraus suspects Council will not receive anything on their agenda until June or July.

 

Mr. Gore gave Council the option of having a Joint Meeting with Planning Commission on April 16th or just having the Council Members attend as citizens.  It was agreed that members would attend as citizens.  If at the April 16th meeting it is felt that a Joint Session would be beneficial on April 21st, it will be scheduled accordingly.

 

Boy Scout Marczak asked, “What is a Joint Meeting.”  Mr. Gore explained a Joint Meeting is a meeting attended by two public bodies to discuss specific issues of interest to both bodies.  Meetings must be advertised accordingly. 

 

ORDINANCES

 

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

 

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

 

Ordinance 11-08 passed.

 

The ordinance “TO AMEND ORDINANCE 2-03 RULES AND REGULATIONS OF THE CIVIL SERVICE COMMISSION” was presented for second reading, public hearing.   Mr. Fogt moved to waive the reading in full; affirmative voice vote was unanimous.  Mr. Marshall moved to waive third reading, title only and the question put, stood:

 

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

 

Motion passed.

 

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

 

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

 

Ordinance 12-08 passed.

 

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 second reading, public hearing.  A Public Hearing will be held on May 8, 2008 at 7:00 p.m.

 

“AN ORDINANCE ENACTING SECTIONS 108.01 THROUGH 108.09 OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE, OHIO AUTHORIZING THE USE OF DESIGN-BUILD CONTRACTS FOR PUBLIC IMPROVEMENT PROJECTS ESTIMATED LESS THAN $500,000 AND DECLARING AN EMERGENCY” was presented for first reading, title only.  Mr. Reams said he hasn’t had a chance to thoroughly read the legislation, but it looks like it’s more than just about a kiddy-pool; it looks likes it a whole new procedure to allow design build in the future.  In light of that, he wants time to review it and try to understand it more.  Mr. Palmer said the legislation would allow design build for any project under $500,000.  It’s modeled off of legislation from the City of Delaware.  Mr. Gore confirmed that this legislation would eliminate the need to hire a consultant to draw up the plans, then having to go out and hire someone else to do the work, so one fee is being eliminated by using this process.  Mr. Gore doesn’t understand why Mr. Reams had an issue with this.  Mr. Reams said it’s not something that is currently allowed, unless specifically authorized.  Ms. Sellers disagreed since the City is Home Rule.  Law Director Aslaner said this is the safe way to do it.  One can make an argument with the City’s Charter, as long as City is in control, that they can approve such a contract.  City is not avoiding the bidding process.  There is an advertising period requesting qualifications.  Mr. Reams recalls when he was a new council member and went through the training, design build was not technically allowed.  Mr. Aslaner said there has been some case law development since then.  Mr. Reams would like a chance to read it before moving it forward.

 

Mr. Conley addressed Council.  Theoretically under current law and Charter, the City would be allowed to use this process.  There still could be a 30-day period of getting the plans approved by the State of Ohio.  This whole process started in October, 2007.  City is being safe in introducing this legislation for design-build contracts.  The budgeted amount for this project is $94,000.  He explained the pool would be a zero entry pool, which means no ledge to step off of.  There will be an umbrella-type fountain in the pool.  The unit to be installed is a one-piece unit. 

 

Mr. Gore asked Mr. Aslaner if it would be okay to move forward with this project even though there is opposition.  Mr. Aslaner said he would prefer the legislation to be passed before advertising for Request for Proposals.  Mr. Reams asked if they could start the process now.  Mr. Aslaner said it isn’t illegal, but it’s not practical.  If the process does begin now and for some reason this legislation fails, City would just not sign the contract. 

 

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

 

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

 

Emergency passed.

 

Mr. Fogt moved to waive the second reading, public hearing and the question put, stood:

 

Ms. Sellers  YES  Mr. Fogt  YES  Mr. Gore  YES   Ms. Groat  YES  Mr. Reams  NO   Mr. Marshall YES

 

Motion failed.

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative – Mr. Marshall said Parks & Recreation will meet on April 15th to discuss Tree Memorials.  Also park projects will be submitted for the 5-year Capital Improvement Plan. 

 

Mr. Marshall thanked Administration for the update on “411” on the Mill Valley pump house.  Part of the trail is closed due to the construction.

 

Mr. Reams announced that Public Safety Committee will meet on Thursday, April 17th and Public Service Committee will meet on April 22nd.  Parking issues will be discussed at that meeting.

 

Ms. Groat received some information about technological advances for parking meters and making the reinstitution of parking meters in Marysville an attractive, cost effective partial solution for the City’s parking problems.  She’ll take the issue to the appropriate committee and share the information with the Police Department as requested by the Police Chief and Assistant Police Chief.  As a long-term solution to the parking concerns of the City, she would strongly support building a parking garage, where the City parking lot is currently located, on the corner of Plum Street and Sixth.  Such a lot could be a joint project between the City and the County, with the County providing needed funds and receiving guaranteed spaces for County employees, who will need them once remodeling is completed.  This issue will be taken to the appropriate committee. 

 

Relative to City finances, Ms. Groat said she greatly appreciates the consistent efforts of Mr. Morehart and his staff in understanding the situation and informing Council of his actions and effectively managing the City’s finances.

 

While in Pompano Beach recently, Ms. Groat was able to view a televised City Council meeting.  She was amazed to recognize not only problems but also personality types we share, from suggested input on the budget to concerns about Pompano Board of Parks & Recreation to concerns about presenting an attractive city to the public.  Marysville’s situation is not unique. 

 

Mr. Fogt reminded everyone of the Hazardous Waste collection on April 19th.  City Clean Up is April 26th through May 3rd.

 

Mr. Gore acknowledged that City Engineer Roush’s last day is tomorrow, April 11th, as full-time engineer for the City.  Mr. Roush started about seven years ago and brought with him a lot of experience to the City.  He has played a very important role in this City and some of the improvements that have been made.  Council appreciates his cooperation.  Mr. Gore noted that Mr. Roush has offered to work part-time until the City hires his replacement in order to insure a smooth transition. 

 

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