November 25, 2013 Summary

MARION CITY COUNCIL MEETING

 

 

City Hall – Council Chambers on November 25, 2013, 7:30 PM

 

ROLL CALL – 10 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber, Mr. Edwards.

 

THE PRAYER LED BY PASTOR JASON QWAST OF FAMILY LIFE CHURCH

 

PLEDGE OF ALLEGIANCE

 

Summary of Proceedings for November 12, 2013, Mr. Cumston moved, Mr. Smith 2nd. Roll call: Ayes all, motion carried. Summary is approved.

 

OLD BUSINESS:

 

ORDINANCE 2013-71:

ORDINANCE OF NECESSITY TO ESTABLISH AN ENERGY SPECIAL IMPROVEMENT DISTRICT (ESID) UNDER CHAPTER 1710 OHIO REVISED CODE, AUTHORIZING THE MAYOR AND CITY COUNCIL JOBS AND ECONOMIC DEVELOPMENT COMMITTEE TO DESIGNATE MEMBERS TO REPRESENT THEM ON THE BOARD OF DIRECTORS OF THE NONPROFIT CORPORATION THAT WILL GOVERN THE DISTRICT, APPROVING THE ARTICLES OF INCORPORATION AND INITIAL PLAN OF OPERATION, AND ACCEPTING THE PETITION FROM THE MOOSE FAMILY CENTER LODGE #889, OFFICIALLY LISTED AS “MARION LODGE #889 OF THE LOYAL ORDER OF THE MOOSE”, as amended

          Mr. Ratliff asked Mr. Lengieza where are we at as far as the 60 days goes to get this done? Mr. Lengieza said we are in good shape this time; it could be the second reading. Mr. Ratliff asked for its second reading tonight. ORDINANCE 2013-71 HAS HAD ITS SECOND READING.

 

ORDINANCE 2013-81:

ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MARION, BY REZONING WESTERN PORTION OF LOT 678, ALSO KNOWN AS 1041 BELLEFONTAINE AVE. FROM AN R-1C (SINGLE FAMILY DISTRICT, HIGH DENSITY) TO A C-2 (COMMUNITY SHOPPING DISTRICT) (Applicant, Dan Jenks) 

          Mr. Edwards opened this public hearing: 7:34 PM

 

Mr. Smith stated that after this public hearing I’m going to make a motion to have the 3rd reading on the 27th of January, we are currently getting a traffic study together; Mr. Thomas has been working with all the parties. Mr. Thomas said we have been working with developers and some of the residence, the developer has agreed to pay for the Traffic Study. Mr. Thomas asked if we have picked that person. Mr. Shoup said the firm of EP Farris will do the study. January 27th has put us in the realm of having that back, is that good. Mr. Shoup said he thinks so. Mr. Daniels asked what the cost of the traffic study might be. Mr. Shoup said they met with EP Farris last week, we do not have a cost for their services as of yet.

Mr. Sulu Kelley asked when you do the traffic study, will it include the children coming back and forth from school. Mr. Shoup said yes it will include all, a typical traffic study.

Mr. Russ Cupp 888 Congress St., spoke for the Dollar General Store to come into the 3rd Ward, it is needed.  I visited the location, based on the all the information I have, 1. No problem with visibility, no objection there. A rear of homes on Edison Ave looked at that, 4-6 homes would only see the new building. Not a lot of problems there, as I see it. Neighborhood of older homes, stable neighborhood, north is the school property. It’s a good ways from Bellefontaine Ave. Visited yearly and late, there are not a good number of kids walking to the school. Bused or taken by automobile.  I live in the neighborhood, such a facility is needed. To get to a place like that, you have to drive a mile or more. I urge you to pass this zoning pending the results of the traffic study.

Mr. Smith moved to recess the public hearing to January 27, 2014, Mr. Thomas 2nd. Roll call: Ayes all, motion carried.

Mr. Smith moved to postpone the 3rd reading until a date certain January 27, 2014; Mr. Thomas 2nd.  Roll call: Ayes all, motion carried. ORDINANCE 2013-81 IS POSTPONED UNTIL JANUARY 27, 2014

 

NEW BUSINESS:

 

ORDINANCE 2013-83:

ORDINANCE AMENDING ORDINANCE 1969-29 COMMONLY KNOWN AT THE YARGER REPORT BY CREATING A POSITION WITHIN THE MARION MUNICIPAL COURT, SPECIFICALLY A PROBATION CLERK, ESTABLISHING SALARY AND BENEFITS FOR SAID POSITION AND DECLARING AN EMERGENCY

          Mr. Cumston stated that this came out of Municipal Services with a 2-0 recommendation for approval, motion to suspend, Mr. Smith 2nd. Roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber, NAYS: Mr. Ratliff.

          Mr. Cumston moved to adopt, Mr. Smith 2nd. Mr. Ratliff asked about this position that was turned down a couple of years ago, was this the same position. Mr. Schaber said he doesn’t remember it being turned down because of the individual taking the job. Mrs. Gustin said there was a question whether or not she could do the job, I don’t remember the title.

          Mr. Osborn said he believes you don’t have anybody for the job right now, do you Tom? You have the right to choose, right. Mr. Tom Stotts said nobody. Mr. Daniels asked if you are truly going to post it. Mr. Stotts said it will be posted.

          Roll call for adoption: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber, NAYS: Mr. Ratliff. ORDINANCE 2013-83 IS ADOPTED

 

ORDINANCE 2013-84:

ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH BURCH HYDRO, INC. FOR THE LAND APPLICATION OF BIOSOLIDS AT THE WATER POLLUTION CONTROL PLANT HAVING DETERMINED SAID ENTITY TO HAVE SUBMITTED THE LOWEST AND BEST BID AND DECLARING AN EMERGENCY

          Mr. Thomas said this came out of with a 2-0 recommendation for Council to approve, I move to suspend, Mrs. Blevins 2nd. Roll Call: Ayes all, motion carried.

          Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Mr. Schaber asked about the landfill, will the solids be put on there?  Roger Baldinger said the EPA has declared that unusable for biosolids. Mrs. Gustin asked about the complaint one time with biosolids going on farm land. Roger said that is where it goes. July 2010 our class an exceptional quality was taken away, due to not having a patented process. We have to go thru site EPA now – which goes to farmland and it is approved.

Roll Call: Ayes all, motion carried. ORDINANCE 2013-84 IS ADOPTED

 

ORDINANCE 2013-85:

ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO EXTINGUISH THE REVERTER PROVISION CONTAINED WITHIN THE FORMER CONVEYANCE OF TITLE AS TO THE FORMER BOYS AND GIRLS CLUB OF MARION, AND DECLARING AN EMERGENCY

          Mr. Smith noted that this came out of Airport Lands and Bldgs., with a 2-0 recommendation for approval, Mr. Osborn 2nd. Roll call: Ayes all, motion carried.

          Mr. Smith moved to adopt, Mr. Osborn 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-85 IS ADOPTED

 

ORDINANCE 2013-86:

ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO TAKE ALL STEPS NECESSARY TO CONDUCT A SPEC & BID PROCESS COMPLIANT WITH O.R.C. MANDATES RELATED TO SPEC AND BID FOR DISPATCH RADIO VoIP CONSOLE SYSTEM, AND DECLARING AN EMERGENCY  

          Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; I move to suspend, Mr. Smith 2nd. Roll call: Ayes all, motion carried.

          Mr. Cumston moved to adopt, Mr. Smith 2nd. Roll Call: Ayes all, motion carried. ORDINANCE 2013-86 IS ADOPTED

         

MATTERS NOT ON THE AGENDA:

          Mr. Ratliff said that week ago Friday was the hearing on 333 Joseph St. Thank you Attorney General’s Office and thank you Mr. Russell’s office.    Mr. Cumston said a couple of people did call about the water. I and a couple of other people took tests; we will bring it back with results. The biggest thing was the lead testing. Any question or concern, please check your own water.

          Mr. Daniels mentioned about the old HP property. This puts the City on the hook with that project and into the future. I do want to prevent that into the future. Requiring performance bonds for the demolition of the scope. Some sort of legislation put forth and work together with the law director to protect the city in the future.

          Mr. Shoup remaindered everyone on December 12; we have a meeting @ Taft Elementary on the Safe Routes to School. We have children bringing home notices, as well as handouts around the impacted neighborhood.

          Charlie Blevins 220 Blain Ave. – wanted more explanation on the Joseph St. property. Mr. Ratliff said many concerns with the demolition of the HP property. Not completed. The EPA was called, they did testing, found some concerns, asbestos material, injunction hearing was held in Judge Slagle’s court.  Judge Slagle gave them a time frame sometime in March to have it cleaned up. Nothing has been started as of today, however I hope they don’t defy the court and Judges’ order.

          Mr. Russell said there is a warrant for the arrest for Stanley Rosenfeld. We will hopefully hold him accountable for this site. We have taken steps, failed to appear to this court. We contracted his agent, who did the demolition. Only the AG office can bring a title 37 action which led to the injunction to order the clean up. That’s what Judge Slagle did. He’s order Rosenfeld to clean it up. If he fails to clean it up, possible violating a common pleas court order, there will be penalties. Mr. Blevins said we as a City, need to start looking at bonding situations for demolitions. On the commercial end, we need to look at doing something ASAP so as we can prevent things like this in the future. Anything over a certain amount of square footage. We also may consider height for demolition.

          Mr. Russell said we have taken one of the first steps. At some point in time we will be refining our bonding issues with demolition. We are focused in Joseph Street now.

 

COMMITTEES

 

Finance                                      12/2    @ 6:30 pm

Regional Planning                        12/11  @ 7:00 County Bldg.

Streets & Sewers                        12/2    @ 6:45 pm S&B for N. Greenwood

 

 

          With no further business to come before Council, President Edwards adjourned the meeting.

 

 

                                                            ____________________________                                                           Dave Edwards                                                                                         President of Council

_________________________   

Clerk of Council