CITY COUNCIL MINUTES

APRIL 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: Mayor Schmenk, Director of Administration Froment, Finance Director Morehart, Asst. Law Director Eufinger, Asst. City Engineer Palmer, Clerk Patterson

REPORTERS PRESENT: Ryan Horns (Journal Tribune)

CITIZENS PRESENT: Neil Vollrath, Diane Stenber, Dave Thornton, Jean Thornton, Ken Kraus, Mark Mullaney, Sam Jackson, Pam Williams, Todd Cochran

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

ADMINISTRATIVE REPORT: Mayor Schmenk introduced Jillian Froment as the new Director of Administration. Her first day on the job was Monday, April 21, 2008.

Mr. Fogt asked for an update on the E. 5^th Street railroad crossing. Mayor Schmenk said CSX is close to finishing their work, then the City will finish their paving work. Goal is to open the crossing the first week of May. There may be a traffic issue. The City will observe the natural patterns initially and then make changes as needed.

REPORT OF CLERK OF COUNCIL: No report.

REPORT OF PLANNING COMMISSION: Ken Kraus reported that Galbury Meadows came to Planning Commission requesting an extension of their plat until June. Rezoning for the county ground up north of County Home Road and east of State Route 4 came before Planning Commission. Developers for The Oaks and Adena Pointe requested 18 month extensions of their plats, but were granted only 12 month extensions.

Cook’s Pointe was discussed at two special meetings this month. Traffic issues in that area were discussed. Zonings for Cook’s Pointe will be thoroughly discussed before recommending to City Council.

No applications were submitted for Design Review Board, so the Board took that time to start reviewing chapters in the Zoning Code for the purpose of making some changes. A lot of them will be clean-up. The major issue they’re looking at is language controlling additions or expansions of existing buildings. The current Design Review code covers only new buildings.

City Council members received a letter from Otto Beatty, Attorney for Ohio State University Vet Clinic. Ohio State is opposing the rezoning of their property to GOV District Zoning. Mr. Kraus said Planning Commission understands where they are coming from, but don’t agree. In a meeting with the County Commissioners, they were very clear that they don’t agree. A copy of the aforementioned letter will be made for Mr. Kraus. Mayor Schmenk said Mr. Beatty has met with Administration once and will again meet with them and the City Law Director. Mr. Gore suggested a member of Planning Commission be present at that meeting. Mr. Kraus suggested including discussion with the County Commissioners. Legislation for the rezoning will be on Council agenda in the near future.

Mr. Gore attended the Special Planning Commission meeting when the traffic study was discussed. He felt it was very interesting. Feels these discussions should continue to be held in public meetings so everyone who is interested can understand whatever decision is made and how it was arrived at.

Mr. Kraus thanked City Planner Delong for the tremendous support he’s provided to the Planning Commission on the Cook project.

HEARING OF CITIZENS: Ms. Pam Williams addressed Council regarding the proposed Hi Q Egg Products. Hi Q Egg Products is a company based in Iowa. They are proposing to build a 6 million chicken laying facility on Davis Road, right in the middle of the existing egg farms. There are already 3 million chickens there. She displayed a map. If this facility is permitted, they will expand the West Mansfield facility by 1.2 to 2 million birds, to supply the birds for this facility. Adding those 2 million birds to what exists today, the 6 million and the 3 million, there would be 11 million chickens within three miles. It is unknown what that will do to a community because that has never happened anywhere in an area like ours. This 6 million bird facility would be the largest, single site egg farm in the nation, according to Egg Industry magazine, and they want to add that facility in the middle of what exists already. The concerns are, that is too many for this small area. Union County is a farming community and is known for its great agriculture and now it’s known for progressive growth, controlled growth and that’s what’s good about this area. This facility does not fit in Union County’s plans. There are concerns for everyone in the County, health issues. Referring to Buckeye Egg in Croton, there was an air quality study done, and it was found that there was 4300 pounds of ammonia released per day at that facility. Industries in this country are not allowed to release more than 100 pounds per day. Increased traffic is an issue. There already is a lot of traffic on the country roads in that area and they want to add 15,000 trucks for just the 6 million bird facility. Water issues are a concern. She asked for Council’s support. This facility was proposed in Logan County. The community pulled together and opposed it and the company pulled out and went to Williams County. Same thing happened there, thus the reason why they are in Union County. Union County has one of the lowest unemployment rates in the state and has 105 people per square mile. They came from a place in Iowa that has 37 people per square mile, and they have issues there with just 5 million birds in their facility. There is no place in Union County for 11 million birds. She gave Council additional written information.

Mr. Reams stated the egg farm does not come to the City of Marysville for any kind of approval and asked exactly what is being asked of Council? Ms. Williams said they are asking for a resolution of support from various entities. The County Commissioners passed a resolution opposing this project, as well as Taylor, York and Liberty Townships. West Mansfield City Council passed a resolution against the project. All resolutions are being forwarded on to the State Representative and the Governor. She hopes when all voices are joined together in opposition, that it will make a difference. She plans to meet with the Governor in the near future.

Mr. Matt Staley addressed Council. He is a farmer and resident of York Township. One of the things that will affect Marysville in the biggest way is the water supply. The pullet farm is located close to the Mill Creek main stem. It all runs down to Marysville. The water that washes off the roofs, driveways and any of the facilities is untreated. The same exemption that allows him to build a pole barn because he is a farmer and there is going to be machinery stored in it, allows them to get around a lot of the rules and regulations that any other industry would have. That water runs right into the watershed, untreated, uncleaned and off the roofs of these facilities. The area where the first set of buildings would be built are owned by the previous egg farm. They had year after year of chicken manure applied to them, which isn’t all bad until you start adding on the egg wash water and the roof runoff. When phosphorous levels get to a certain point in the soil, they become saturated and won’t bond with the soil anymore, and the phosphorous runs right down straight into the water, which runs to Marysville. Bokes Creek runs to the Scioto River, which affects the Columbus water supply. This is one of the reasons why they are requesting a resolution from City Council.

Mr. Dave Thornton addressed Council. He is a Liberty Township Trustee. This facility is proposed for York Township, but Liberty Township is within 1,000 feet of the proposed site. He is concerned as a Trustee and a resident who lives two miles from the proposed facility. . Hi Q has never talked to Liberty Township residents because none of the facility is to be located in Liberty Township. The manure will be spread in Liberty Township; their infrastructure and roads will be used, and they have no control over that at this time. Mr. Stolte is working with Hi Q and York Township Trustees, but Liberty Township is left high and dry. As a stakeholder and trustee, he asked for City Council’s support in the form of a resolution.

Mr. Sam Jackson of Jackson Auto Collision addressed Council. He is directly affected by this chicken farm. He is located 2-1/2 miles southeast of it. That is not why he is here tonight; he’s here because he’s concerned for the citizens and the industry in Marysville. He brought a neighbor to the meeting who is very knowledgeable about the history of Mill Creek. His family has had a farm there for generations. Mr. Jackson’s concern is that the water coming from Mill Creek is coming from the area of this chicken farm. He said, “The soup is only as good as what you put in it.” In his opinion, you’re pumping water out of Mill Creek to put in the new reservoir and he doesn’t think the City will like what it’s going to get. Feels it will cost a lot more money to treat the water than what’s anticipated. He introduced Mark Mullaney.

Mr. Mark Mullaney addressed Council. He has lived on the Mill Creek watershed for 58 years. He owns a mile of Mill Creek and a 1-1/2 miles of Toby Run, which is a provider to Mill Creek. In the 1800’s Toby Run was so flush with water that it totally powered a grist mill all on its own. In the mid 70’s, when they put the first existing wells in for the chicken company that is there now and starting pumping about 100 million gallons a year from the aquifer, Toby Run died. The springs quit running and have not flowed year long since. There were 4” clams that had been uncovered the first time in generations. It killed Toby Run. Now they are asking for four more wells to be put in the same area. Toby Run, Bokes Creek (Bokes Creek is separate) and everything that feeds Mill Creek is fed by the aquifer. When the spring run-off stops, there is only one way to provide water to Mill Creek to keep it flowing and that’s through the aquifer and the gravel beds, which have always traditionally fed them. When these springs die, Mill Creek dies. He stepped across Mill Creek last summer. Six miles from its headwaters, six miles of springs and feeder streams and everything that should have been feeding Mill Creek, it was 2” deep and 3’ wide. Mill Creek is going to die. In the same area that they want to put down these wells, 3-1/2 miles to the south is Honda, which pumps 265 million gallons a year from (inaudible) directly from the aquifer and that water is processed through their plant for potable water. The existing 3 miles to the north of the headwaters of Mill Creek, they are now pumping 100 million gallons and they want to increase that another 131,400,000 gallons directly from the aquifer. What the state is going to license if they permit these wells to be drilled, is a direct draw from the aquifer each year of 526-1/2 million gallons directly from the aquifer which feeds Mill Creek. You must take into consideration the homes there. Everybody is pumping water. In exchange for this, you are going to get 75 jobs in the County, and 275 million pounds of chicken manure each year dumped on the water shed. With the price of diesel fuel at $4.00+ a gallon, it’s not going to move one inch farther than it has to. It’s going to be hid behind the woods. “If you want to trust your watershed and Mill Creek on the morality of the people who are handling this manure, I would strongly suggest

you don’t.” In the next 20 years, there will be 5,500,000,000 pounds of manure dumped on the watershed that feeds Mill Creek. Mr. Mullaney gave Council a copy of a letter which contains the aforementioned information.

Mr. Reams asked if there was a timeframe for the decision by the company. Mr. Mullaney suggested that Marysville petition the EPA immediately to stop the licensing of these four wells.

Mr. Mullaney finished by stating, “For 265 million gallons a year, Honda produces 15,000 jobs in this county. For the same amount of water, Hi Q is going to give you 75.”

Mr. Fogt noted he worked out of Somersville for a period of time and has some experience with the current egg farm. What’s been said is true. The phosphate levels get exceedingly high. They manage the manure a lot better than they used to. It does affect the quality of Mill Creek. Mr. Fogt is a proponent of recycling the sludge from the City’s wastewater treatment plant and it seems like a very big hurdle is put in front of the City. He doesn’t know how the egg farm can put that much manure on the land when they’re not allowing the City to do that. The City’s would be treated much better than that.

Mr. Gore referred this issue to Public Affairs Committee to decide if a resolution should be recommended to Council. Clerk Patterson to contact Ms. Williams when a meeting is scheduled.

ORDINANCES

The ordinance “TO AMEND SECTION 1144.03, ESTABLISHMENT AND DUTIES AND RESPONSIBILITIES, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for third reading, public hearing. Ms. Sellers moved to pass the legislation and the question put, stood:

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

Ordinance 13-08 passed.

“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 second reading, public hearing. Mr. Marshall moved to waive the

reading in full; affirmative voice vote was unanimous. Mr. Reams moved to waive third reading, title only 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.

Ms. Sellers moved to pass the legislation 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

Ordinance 14-08 passed.

“AN ORDINANCE APPROPRIATING $359,000 FROM UNAPPROPRIATED GENERAL FUNDS, AUTHORIZING A TRANSFER OF $359,000 FROM THE GENERAL FUND TO THE STREET MAINTENANCE AND REPAIR FUND, AND APPROPRIATING AN ADDITIONAL $359,000 IN THE STREET MAINTENANCE AND REPAIR FUND FOR THE PURPOSE OF COLLINS AVENUE PAVEMENT REPLACEMENT AND IMPROVEMENT AND MODIFYING THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ACTION” was presented for first reading, title only. Mr. Morehart explained the City received a grant for $296,000 from the Ohio Public Works Commission to handle the Collins Avenue pavement program. It was the recommendation of the Finance and Public Service Committees to consider broadening the scope of that project. By doing so would require an additional appropriation of $359,000. The scope would include curbs and gutters in addition to the pavement. Finance Committee recommended Administration pursue additional grant funds. Mr. Palmer found out that the request for additional grant funds was denied. Said we need to make sure the project scopes are fully understood in the future.

Ms. Groat said with the record of the Finance Department, three of the last four months paying down significantly on long-term debt, she gave them permission and appreciation for keeping such a good tab on the fact that the City can do this. Feels the residents of Marysville would appreciate not only the project itself, but the long-term financial good sense that is supporting it.

Mr. Reams asked what the timing was for getting this out for bid. Mr. Palmer said the sooner the better, but it’s not critical. Would like to bid by June if not before.

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

1. Parks & Recreation Representative. Mr. Marshall said Parks & Rec met in April. Discussions were held on the Tree Memorial Program relating to setting up the guidelines for the program. A few changes were made to the 5-Year Capital Improvement Plan.

Mr. Marshall has been working with members of Administration to address some concerns in Mill Valley Park North where the construction project is underway for the pump house.

Mayor Schmenk presented the Employee of the Quarter Award to Neil Vollrath. He is the Water Distribution Crew Chief. He is highly respected and is in the Public Service Department. He is known for routinely reviewing plans for new construction, making quality recommendations, scheduling crews for service line installation, hydrant repair and flushing, working cooperatively with the Water Treatment Plant personnel to make repairs and assist in maintenance items as needed. He has shown great initiative by scheduling training on safety courses in addition to those routinely provided by the Human Resources Department. He personally contacted Columbia Gas and made arrangements for detailed training on location, excavation and interference with natural gas lines. This provides for increased awareness and safety for crews that are working near gas lines. Neil has also provided assistance to the Fire Division for efficient hookup to hydrants for fire suppression. He has gone the extra mile on all of these projects. Mayor Schmenk has heard a lot of positives about Neil, exactly the kind of initiative and extra effort and team spirit that we love to see working in the City. Mr. Vollrath was awarded a plaque and restaurant gift certificate.

Mr. Reams reported on the Public Service Committee meeting held on April 22^nd. Topics of discussion were uptown parking issues, the sanitary sewer for the southwest line, the proposed traffic impact study standards, update on the Plum Street culvert, updates on major engineering projects and discussion began on 2008 goals.

Mrs. Groat said there have been technological advances which have been made in the field of parking meters making the reinstitution of parking meters in Uptown Marysville an attractive, cost effective, partial solution for the City’s parking problems. As a long term solution to parking concerns of the City, she strongly supports the building of a parking garage, where a City parking lot now exists. 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 the County employees who will certainly need them when the remodeling of the Heilig Meyers building is completed. She reported this same thing at the last meeting and intends to “keep beating those drums.”

Mr. Taylor reported that Public Safety Committee met and are looking into several options i.e. Fire House, Police Station. Discussions will continue.

Ms. Sellers reported that Public Affairs Committee met last Thursday to discuss Marysville Senior Housing LLC, an organization that owns land off of Milford Avenue near Lora Lee Drive, south of town. The project is 48 apartments for 55 and older. People need to meet certain income levels, and it’s subsidized by the State. The project is looking for funding from the State in order to go forward to bring plans to the Planning Commission. Still in very preliminary stages. Ms. Sellers and Ms. Groat have concerns how this project will affect property values in the area.

Mr. Fogt reminded everyone that Spring Cleanup starts this Saturday and continues through next Saturday. Dumpsters will be at the Wastewater Treatment Plant.

Mr. Gore welcomed Ms. Froment and said that Council is very interested in being a partner with her and assisting in anyway possible. He is hopeful that this team that the Mayor has started to form will continue to grow. Council is excited about the opportunity to be an active partner in the on-going progress of the community.

Finance Committee met to deal with a couple of issues and will continue to meet to keep an eye on the dollars.

ADJOURNMENT: There being no further business to come before Council, the meeting adjourned at 7:52 p.m.