April 22, 2013 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on April 22, 2013, 7:30 PM

ROLL CALL – 9 members answered – Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber, Mr. Edwards;
Mr. Ratliff moved to excuse Mr. Cumston, Mr. Thomas 2nd. Roll Call: Ayes all, motion carried – Mr. Cumston is excused.

PRAYER LED BY PASTOR JASON QWAST

PLEDGE OF ALLEGIANCE

Summary of Proceedings for April 8, 2013, Mr. Thomas moved, Mrs. Gustin 2nd. Roll call: Ayes all, motion carried. Summary is approved.

OLD BUSINESS:

ORDINANCE 2013-13:
ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MARION, BY REZONING LOTS 553 AND 554 ALSO KNOWN AS 443 N. STATE STREET FROM AN R-3 MULTI-FAMILY DISTRICT TO AN C-1B, NEIGHBORHOOD SHOPPING DISTRICT (Applicant, John Hochstetter)
Mr. Smith noted that this came out of Zoning and Annexation with a 3-0 recommendation for approval, I’m asking for a public hearing this evening.
Public Hearing is now opened @ 7:33 pm:
Mr. Smith stated that this is just a request to put in a Taco Bell Restaurant. If there are any questions, please come up and ask them.
Scott Crider, 270 E. Center St. – This is a great opportunity on the North side. Concerned about a lighting and sign plan for the restaurant. The brightness of the lights can have a negative effect at night for the residents. Need a better sense of the lighting plan. There is an alley that in between the 2 properties, which you have to look at.
Mr. Smith said there were some concerns in the committee concerning some of these, and they were addressed. Mr. Ratliff said that Taco Bell will be a responsible corporate neighbor. Additional traffic and investment is extremely good over there in the Northwest section of town.
Ken Lengieza said the initial staff report was based on a C-2 commercial district. With the planning Commission, we gave them a C1-B, which would limit what commercial is put over there.
Public Hearing is now closed at 7:38 pm
Mr. Smith moved to adopt, Mr. Daniels 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-13 IS ADOPTED

ORDINANCE 2013-14:
ORDINANCE AMENDING SECTION 1143.015 (B) CONDITIONAL PRINCIPAL PERMITTED USES OF THE PLANNING AND ZONING CODE AS CONTAINED WITHIN THE MARION CITY CODE
Mr. Smith noted that this came out of Zoning and Annexation with a 3-0 recommendation for approval; I’m going to ask for another public hearing tonight.
Mr. Smith noted that this ordinance was amended to add more power over a business that would include a storage yard.
Mrs. Gustin asked if we addressed what materials’ will be stored there.
Mr. Smith said that it would come before the Board of Zoning Appeals. Mr. Lengieza confirmed it.
Public Hearing is now closed: 7:43 pm
Mr. Smith moved to adopt, Mr. Daniels 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-14 IS ADOPTED

NEW BUSINESS:

ORDINANCE 2013-20:
ORDINANCE RATIFYING AND APPROVING THE BARGAINING AGREEMENT BETWEEN THE CITY OF MARION AND AFSCME LOCAL 1158 AND DECLARING AN EMERGENCY
Mr. Daniels stated this came out of Finance with a 3-0 recommendation for approval; I make the motion to suspend the rules, Mr. Osborn 2nd.
Mr. Ratliff asked why is there an emergency on this? Mr. Robbins said the bargaining unit has already ratified and the we have been in contract negotiations since the end of November. I don’t know any reason why you shouldn’t vote on this tonight. They are not working on a contract right now. This ties things up.
Law Director Russell spoke: Additional point, I think after the bargaining unit votes on the contract, the employer needs to have it passed in 13 days or 30 days, I don’t remember the time frame.
Roll call for suspension: Ayes: Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff.
Mr. Thomas moved to adopt, Mr. Osborn 2nd. Roll call for adoption: Ayes all, motion carried. ORDINANCE 2013-20 IS ADOPTED

ORDINANCE 2013-21:
ORDINANCE AMENDING EXISTING MARION CITY CODE CHAPTER 750 BY AND AMENDING EXISTING SUBSECTIONS 750.04, 750.05 AND ADOPTING A NEW PROVISION TO BE REFERRED TO AS 750.035 MANDATING FINGERPRINT BACKGROUND CHECKS ALL RELATED TO APPLICATION AND PERMITTING OF PERSONS SOLICITING WITHIN THE CITY OF MARION, OHIO
Mr. Robbins has a statement: I like to ask if this be returned to Committee, I am still researching on this issue.
Mr. Daniels moved to send back to Committee, Mr. Thomas 2nd. Roll Call to send back to Committee: YEAS: Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff.
ORDINANCE 2013-21 IS RETURNED BACK TO COMMITTEE

Mr. Thomas moved to add Resolution 2013-10, Mrs. Blevins 2nd, Mr. Osborn 3rd.
Mr. Thomas moved to waive rule 56, committee consideration, Mr. Osborn 2nd. Roll call: Ayes all, motion carried. Resolution 2013-10 is waived.
Mr. Thomas said this is a resolution for ODOT, the purchasing program, for road salt and other issues. We are adding this; all agreements must be done before May 1.
Mr. Thomas moved to suspend the rules, Mrs. Blevins 2nd.
Mr. Ratliff asked about the timeline – the letter said March 22 and here it is April 22. Mr. Shoup received this letter on April 18. This is the first notification that we had that this item is due to ODOT on May 1st. A new person has taken over for the purchasing program over at ODOT. This was sent to the garage and the not the Service Director, thank you Mr. Bash.
Mr. Schaber asked about the date of receiving. Mr. Shoup said that Mr. Bash received the email on April 18.
Roll call for suspension: Ayes all, motion carried. Mr. Thomas moved to adopt, Mrs. Blevins 2nd.
Mrs. Gustin asked about the allotment of salt. Mr. Shoup said last year we purchased 16 hundred tons, and this year we are going to put into to purchase 2,000 tons. Under the rules, we have to buy 2,000 or 20% over or under. We have a nice salt supply right now.
Roll call for adoption: Ayes all, motion carried. RESOLUTION 2013-10 IS ADOPTED

Matters not on the Agenda:

Mr. Osborn asked about the yard waste schedule. Mr. Shoup said we did a press release on that, also it’s on the City website. Mayor Schertzer said if I’m not mistaken, it’s the first week over every month after your garbage is picked up. Mr. Osborn asked about peak periods. Mr. Shoup said during extreme wind storms, we may not be able to use that schedule, with the man power we have we will try to keep up. Mayor Schertzer said sometimes the first day starts on a Wed., Thurs., if you give us some lee-way we will go back and review it. Mr. Osborn said I think that was done in the past. If It’s next day after the trash day, I would certainly hope it would be a Thurs. pickup if your trans is on the Wed. I haven’t seen the press release; I just want to communicate the right information. Mrs. Gustin said our men have been picking it up ahead of time also; kudos to them.
Mr. Daniels mentioned about HP trash. Mr. Russell said there has been a lot of activity, regarding enforcement. The cleanup hasn’t begun. We should be talking about that shortly. I’m not able to talk about the enforcement because of the court. I hope at the next Council meeting I’ll have greater detail. Mr. Daniels said if we were going to talk about legislation, speed up the process, take out a demolition permit, and require bonding. Mr. Russell said it’s expected once we get the enforcement in sight, we can talk about additional bonds in the existing codes so in the future, things like this would not occur.

COMMITTEES

Finance 5/6 @ 6:30
Jobs & Eco. Develop. 5/13 @ 6:45

With no further business to come before council, Mr. Edwards adjourned the meeting.


____________________________ Dave Edwards President of Council

_________________________
Clerk of Council