December 9, 2013 Summary

MARION CITY COUNCIL MEETING

 

 

City Hall – Council Chambers on December 9, 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. Smith seconding. By a voice vote all members moved to excuse Mr. Cumston.

 

THE PRAYER LED BY PASTOR TOM TONEY OF FAMILY LIFE CHURCH

 

PLEDGE OF ALLEGIANCE

 

Summary of Proceedings for November 25, 2013, Mr. Thomas moved, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried. Summary is approved.

 

OLD BUSINESS:

 

ORDINANCE 2013-68:

ORDINANCE ADDING SECTION 1145.013 (I-3 MINERAL EXTRACTION) OF THE PLANNING AND ZONING CODE AS CONTAINED WITHIN THE MARION CITY CODE

          Mr. Smith noted that this came out of Zoning with a 2-0 recommendation for approval, am asking for a 3rd reading tonight and a public hearing.

 

7:36 PUBLIC HEARING IS NOW OPENED

          Mr. Smith said we updated our zoning for mineral extraction. Ken Lengieza spoke: This covers buffers, the ground water wells, truck traffic, ingress, egress, sound blasting and others. Mr. Ratliff asked are these changes, or additions. Mr. Lengieza said this is an addition; we don’t have it right now. Mr. Ratliff said this is a process or another step in anticipation of getting a quarry inside the City of Marion. This is what my assumption is. Mr. Lengieza said everybody realizes that. There hasn’t been any need for that, it’s a possibility. Any annexation is a completely separate process than this. It’s just being prepared if something happens. If you don’t have good commercial regulations, you want to make sure you have something to cover the area. Mrs. Gustin asked about Section 2 part F – where it says the crushing should be 600’ from the nearest property line.  The crusher needs to be place on a special area. Mr. Russell said there was a discussion on sound anaylsis, and locating the primary crusher. If you move it away from the barrier, it would make more sound. If you put it up against the wall, it would bounce off and away from the homes.

          Brian Barger, Esq.  for NLS. There are certain benefits to locate the primary crusher. With respect to the 300’ requirement for the primary crusher as it exists in this would accommodate the proposed location of that should NLS be annexed in the City at a later date. There is also a 300’ setback. That wall actual acts as a sound barrier. Mrs. Gustin said there are no specific times, are you in compliance with the neighbors. Mr. Barger said there were a number of the neighbors came in and spoke. We asked them to contact NLS or the City, we never heard from those people, with respect to specific proposals. It is my understanding that the City hasn’t either. We are operating as we have in the past. Mrs. Gustin asked if you changed anything? Mr. Barger said we haven’t changed anything.

          Mr. Daniels asked Engineer Lively how many tons of gravel would the City use every year? Mr. Lively said I wouldn’t have a good number, it varies from year to year. We could easily go through 1000 tons on each project. Mr. Daniels said if the City of Marion had to have their gravel trucked in, rather than have it in the City of Marion, would it be a significant cost to that. Mr. Lively said yes, it would be better off if rail was involved. Mr. Daniels said the Quarry is a benefit to the City. Mr. Lively said yes it is.

 

Mr. Edwards closed public hearing @ 7:45 PM.

          Mr. Smith moved to approve, Mr. Daniels 2nd. Mr. Thomas said if we do have an annexation, we can address those then because of Section H.

          Mr. Osborn said section 1, II, item #C – (300’ of residential dwellings, 30 existing homes @ 900’),. Would that development – how does that fall. Mr. Russell said the Planning Committee wanted to count the subdivision. They would have 30 existing homes within there.

          Roll call for adoption: YEAS: Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff. ORDINANCE 2013-68 IS ADOPTED

 

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 said this came out of Committee with a 2-0, I move to adopt, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-71 IS ADOPTED

 

NEW  BUSINESS:

 

RESOLUTION 2013-21:

RESOLUTION CONFIRMING THE RE-APPOINTMENT, BY THE MAYOR, OF PHIL HARBOLT AS A MEMBER OF THE MARION CITY DESIGN REVIEW BOARD AND DECLARING AN EMERGENCY 

          Mayor Schertzer said that Mr. Harbolt has been on this board for a while, I recommend Mr. Harbolt for this appointment again.

Mr. Osborn moved to suspend, Mr. Smith 2nd.

Mr. Daniels wanted to know the difference between the Design Review Board and Zoning. What authority does this Board have? Mr. Scott Crider, 278 E. Center spoke: Secretary of Interior Standards – look through this list, setbacks, sense of entry. Paint colors are not part of that. There are suggestions we make for signage. For the DT grant obligations, we had to come up with the Design Review Board. They are just guidelines. The Board just gives suggestions.

Roll call for suspension: Ayes all, motion carried.

Mr. Thomas moved to adopt, Mr. Osborn 2nd. Ayes all, motion carried. RESOLUTION 2013-21 IS ADOPTED

 

RESOLUTION 2013-22:

RESOLUTION CONFIRMING THE RE-APPOINTMENT, BY THE MAYOR, OF MICHAEL NICOLOSI TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE MARION PORT AUTHORITY AND DECLARING AN EMERGENCY

            Mayor Schertzer said: I ask that Mr. Nicolosi be re-appointed to this board. 

Mr. Osborn moved to suspend, Mr. Smith 2nd.  Ayes all, motion carried.

Mr. Thomas moved to adopt, Mr. Smith 2nd. Ayes all, motion carried. RESOLUTION 2013-22 IS ADOPTED

 

ORDINANCE 2013-87:

ORDINANCE AUTHORIZING THE AUDITOR TO SET UP NEW FUNDS FOR THE TRACKING OF REVENUES AND EXPENDITURES ASSOCIATED WITH THE COLLECTION OF THE VOTED INCOME TAX AND THE CHIP GRANT STARTING WITH THE 2014 BUDGET YEAR

          Mr. Daniels said this came out of Finance with a 3-0 recommendation for approval, I ask for a 1st reading tonight. ORDINANCE 2013-87 HAS HAD ITS FIRST READING

 

ORDINANCE 2013-88:

ORDINANCE MAKING AN ADDITIONAL APPROPRIATION IN THE LAW ENFORCEMENT TRUST FUND FOR THE YEAR ENDING DECEMBER 31, 2013

          Mr. Daniels said this came out of Finance with a 3-0 recommendation for approval, I move to suspend, Mrs. Gustin 2nd. Roll Call: Ayes all, motion carried.

          Mr. Daniels moved to adopt, Mrs. Gustin 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-88 IS ADOPTED

 

ORDINANCE 2013-89:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO PREPARE PLANS AND SPECIFICATIONS, AND ADVERTISE FOR BIDS FOR THE NORTH GREENWOOD SEWER IMPROVEMENTS, PROJECT 13-1S, IN THE CITY OF MARION, OHIO

          Mr. Thomas said this came out of committee with a 3-0 recommendation for approval, this is a spec and bid, I move to suspend, Mrs. Blevins 2nd.Roll Call: Ayes all motion carried.

          Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2013-89 IS ADOPTED.

                        

          Mr. Ratliff moved to add Resolution 2013-20, Mr. Thomas 2nd, Mr. Osborn 3rd.

 

          Mr. Osborn moved to add 2013-90 and 2014-1, Mr. Daniels 2nd, Mr. Thomas 3rd.

 

RESOLUTION 2013-20, ORDINANCE 2013-90 AND ORDINANCE 2014-01 IS ADDED TO TONIGHT’S AGENDA.

 

RESOLUTION 2013-20:

RESOLUTION AUTHORIZING THE MAYOR TO FILE AN APPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF ACQUIRING GRANT FUNDS FOR AIRPORT IMPROVEMENTS, AND DECLARING AN EMERGENCY

            Mr. Ratliff said this came out of Committee with a 3-0 recommendation for approval, I moved to suspend, Mr. Smith 2nd. Roll call: Ayes all, motion carried.

            Mr. Ratliff moved to adopt, Mr. Smith 2nd. Roll call: Ayes all, motion carried. RESOLUTION 2013-20 IS ADOPTED

 

ORDINANCE 2013-90:

ORDINANCE SUSPENDING CERTAIN PORTIONS OF ORDINANCES 2000-103, 2000-84 AND 2007-69 IN REGARD TO EMPLOYEES IN VARIOUS CLASSES OF POSITIONS EXEMPT FROM BARGAINING UNITS (REFERRED TO AS NON-BARGAINING), IN ADDITION, SUSPENDING CERTAIN PROVISIONS WITHIN THE EMPLOYEE HANDBOOK/PERSONNEL MANUAL FOR THE YEAR 2014

          Mr. Daniels said this came out of Finance with a 2-0 recommendation for approval, I ask for a 1st reading tonight. ORDINANCE 2013-90 HAS HAD ITS FIRST READING

     

ORDINANCE 2014-01

ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF MARION, STATE OF OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2014

          Auditor Carr said this is just the 2014 budget that you passed through Committee this evening. Mr. Daniels moved to have the first reading tonight. ORDINANCE 2014-01 HAS HAD ITS FIRST READING

 

MATTERS NOT ON THE AGENDA:

 

Mr. Shoup reminded everyone that this Thursday @ Taft Elementary is our meeting for Safe Routes to School plan. 4:30 at Taft Elementary, December 12, 2013.

 

COMMITTEES

 

Finance                                      12/17  @ 6:30 pm

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

 

 

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

 

 

                                                            ____________________________                                                           Dave Edwards                                                                                         President of Council

_________________________   

Clerk of Council