January 12, 2015 Summary

MARION CITY COUNCIL MEETING

 

 

City Hall – Council Chambers on January 12, 2015, 7:30 PM

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

 

PRAYER LED BY PASTOR TOM TONEY OF FAMILY LIFE CHURCH

 

PLEDGE OF ALLEGIANCE

 

Summary of Proceedings from December 22, 2014; Mr. Osborn moved, Mr. Cumston  2nd. Roll Call: Ayes all, motion carried, Summary of Proceedings is accepted.

 

Mr. Cumston moved that 2 Executive Sessions are needed: 1. Judge Ballinger for personnel matter. 2. Chief Collins – Information on a project; Mr. Thomas 2nd. Roll call: Ayes all, motion carried.

 

COUNCIL  WENT  INTO  EXECUTIVE SESSION @ 7:32 PM

COUNCIL  RE-CONVENED @ 8:08 PM

 

OLD BUSINESS:

RESOLUTION 2014-24:

RESOLUTION CONFIRMING THE RE-APPOINTMENT, BY THE MAYOR, OF ANGELA YAZEL TO SERVE AS MEMBER OF THE MARION COUNTY GENERAL HEALTH DISTRICT

          Mayor Schertzer said I asked this Council in the past to entertain Ms. Yazel for the Board.

Mr. Daniels asked Ms. Yazel about a contract with Philip Winslow in 2013. No bid contracts. Ms. Yazel said we bid everything out. Some of the projects were under that certain amount. It was not just me, it was everyone that approved them. Mr. Winslow exceeded the amount of 50,000.  Dividing larger contracts into small ones, it seems that you did that. Ms. Yazel said no. Mr. Russell said this questioning should be approached to the Board of Health; they have a director and these questions should be directed to. The matter before Council is the Mayor’s appointment to the Board. Bring us back on point, which is the Mayor’s appointment. Mr. Daniels said I would ask this questions, it’s not practice not to offer an appointment, and the Council should say yes. Mr. Russell, it just seems that it’s a cross examination. Mr. Thomas said I do believe we should have the right to question someone that is going to be appointed. This was brought up to the board, could be an appearance of a conflict of interest, then the board came up with a policy handling these situations. Mrs. Yazel said yes. Mr. Thomas said it was questioned from this Council, I think it is appropriate, if Josh has a few questions. Mayor Schertzer said I provided information about this particular appointment; her resume is provided to you again, this is a re-appointment. There are 20 boards and commissions that the Mayor appoints to. 107 members on those boards. 71 are appointed by the Mayor. 21 need the consent of Council, that is why we are going through the process. I provided the Resolutions where Ms. Yazel was re-appointed 2 different times. The qualifications are there, the Board thinks she is well qualified. Mr. Daniels again asked if you think that was a mistake, and you would do that again. Ms. Yazel said no I don’t think it was mistake. At the time, we think it was right. We wouldn’t do it again. We did it in the first place; we thought we were doing the right thing for the health dept. But we took care of it by adding that resolution; there shouldn’t be any problem again.

Mr. Cumston said he has known Angie for over 20 years, her character is exceptional. I don’t think people do things in malice. Ms. Yazel said we had nothing to go on. We winged it. When we merged, we were on our own, and did the best we could do.  Mr. Cumston said he wanted to make that comment.

Mr. Osborn asked if you are all volunteers. Ms. Yazel said yes.

Mr. Osborn called the question, Mr. Cumston 2nd. Roll call: Ayes all motion carried.

Mr. Cumston moved to adopt, Mr. Osborn 2nd. Roll call for adoption: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Crider, Mrs. Gustin. NAYS: Mr. Daniels.  RESOLUTION 2014-24 IS ADOPTED

 

ORDINANCE 2014-18:

ORDINANCE TO VACATE A CERTAIN 12’ WIDE NORTH/SOUTH ALLEY BETWEEN LOTS 2111 AND 2112; AN “L” SHAPED 16’ WIDE NORTH/SOUTH ALLEY BETWEEN LOTS 2093 AND 5355 AND 12’ WIDE EAST/WEST ALLEY NORTH OF LOT 5355; AND MONROE STREET ROAD SEGMENT BETWEEN LOTS 2111 AND 2093 PURSUANT TO ORC 723.041 RETAINING PERMANENT EASEMENT RIGHTS AND DECLARING AN EMERGENCY (Applicant, Nachurs Alpine Solutions Corp.)

          Mr. Thomas said this came out of Streets & Sewers with a 3-0 recommendation for approval; we’ll need a Public Hearing.

Public Hearing now open @ 8:22 pm

          Mr. Kevin Hall spoke on behalf of Nachurs Alpine Solutions. This runs in tandem with the next ordinance to rezone these lots. He showed a map depicting the area.

Public Hearing now closed @ 8:24.

          Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried.  ORDINANCE 2014-18 IS ADOPTED

 

ORDINANCE 2014-19:

ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MARION, BY REZONING Lots 2112, 2111, 2093 AND 5355 FROM AN R-2 (RESIDENTIAL DISTRICT) TO AN I-1 LIMITED INDUSTRIAL DISTRICT   (Applicant, Nachurs Alpine Solutions Corp)

          Mr. Smith said this came out of Zoning & Annexation with a 3-0 recommendation for approval; we need a Public Hearing on this as well.

Public Hearing Opened 8:29

          Mr. Smith said this came before City Planning as well as our meeting. Mr. Kevin Hall is here if you have any questions or concerns. Mrs. Gustin asked about the buffer. Mr. Hall said in essence it will be the fence protecting the site. There is no intent with the rezoning to put new facilities over there. The rail spur will be coming in there. Fenced, stone, protected.  This will improve the area, make a safer condition. Removal of the homes and cleaning it up, it makes look more inviting to the neighborhood.

          Public Hearing now closed @ 8:31

          Mr. Smith moved to adopt, Mr. Thomas 2nd. Roll call: Ayes all, motion carried.  ORDINANCE 2014-19 IS ADOPTED

 

ORDINANCE 2014-78:

ORDINANCE amending marion city code CHAPTER 915.17 IN ORDER TO AMEND THE DEBT SERVICE CHARGES MORE EQUITABLE AND TO CARRY OUT THE INTENT OF DEVELOPING A RATE STRUCTURE TO REPAY STORM WATER UTILITY DEBT SERVICE OBLIGATIONS

          Mr. Thomas said this came out of Streets & Sewers with a 3-0 recommendation for approval; I’d like to offer an amendment tonight. It will be (B) where the debt service is being reviewed – change the 8 years to 2 years.  Mr. Russell believes that taking out the rate of the ERU should not be taken out. This ordinance the debt service to be recalculated. ERU is 4.16 – this would be similar to the debt service for the sanitary sewer.

          Mr. Daniels said assuming would be immediately for the upcoming 2 years. Mr. Russell said yes. Mr. Daniels said we will get the anticipated projects for the next two years, correct. Mayor Schertzer said to review it; we are looking at the ERU every two years, to make sure that it’s 2778. Mr. Daniels said that’s not mine. Mr. Thomas said that’s not what we are looking for. The ERU is still in there. I don’t want Council think that we are going to do the adjustment for the debt service every two years. You are looking at everything every two years. Mr. Thomas said yes.

          Mr. Osborn said what you want to change is in Section C – upon the review is where you have to amend the Ord. 4.16 to whatever is necessary to cover your debt service. Item B – is the sq. footage of a unit. – You’d want to stay away from that section. Mr. Daniels said we are going to review section 915.17 in its entirety every 2 years, what we decide will be carried forward the next 2 years.

          Mr. Osborn said this is to allow the administration to cover the debt service that is in place, based on the work that has been performed and bonded out over the past years up till now; and to take a look at this on a bi-annual basis, to make sure the money we are collecting is enough to cover the debt service.

          Mr. Osborn said the ERU is a residential unit- It’s a run-off unit. C was a number that was necessary to bill every customer, per ERU to meet the needs to having a storm water utility, to cover maintenance, personnel and construction.  Equivalent run-off unit is what it is. 2778 sq. ft. – it’s going to require to change (C) as well. Mr. Thomas said I think this does cover it. We have never recalculated the ERU. We haven’t done that. What we are trying to do, based upon this Council decision, how much debt service we require, how we pay for that. That’s it. Mr. Osborn said whether it’s 1 or 2 or 3 year, I suggest section (C). Mr. Daniels said we should stick with Mr. Thomas amendment to review the entire section.

          Mr. Thomas moved to amend:

     Clerk read the section (B) to read as follows: “(B) The ERU and debt service shall be reviewed every two (2) years in order to account for changes in the single-family residential market. ERU = 2,778 square feet.”

          Mr. Cumston 2nd. Roll call: Ayes: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Crider, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Osborn.

          Mr. Thomas moved to suspend, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried.

          Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll call: Ayes: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Crider, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Osborn. ORDINANCE 2014-78 IS ADOPTED AS AMENDED

 

RESOLUTION 2015-01:

RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO APPLY TO THE MARION COUNTY COMMISSIONERS FOR MONIES DERIVED FROM THE AUTOMOBILE LICENSE TAX, AND DECLARING AN EMERGENCY

          Mr. Thomas said this came out of Streets & Sewers with a 3-0 approval; I’ll make the motion 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. RESOLUTION 2015-01 IS ADOPTED

 

ORDINANCE 2015-02:

ORDINANCE RE-DECLARING THE CITY OF MARION’S SUPPORT FOR DOWNTOWN MARION, INC., INCLUDING BUT NOT LIMITED TO FINANCIAL SUPPORT IN ORDER TO CONTINUE THE COMMUNITY’S EFFORTS TO REVITALIZE THE DOWNTOWN AREA, AND DECLARING AN EMERGENCY

          Mr. Thomas stated that this came out of committee with a 3-0 approval; I move to suspend, Mr. Cumston 2nd. Roll call: Ayes all, motion carried.

          Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2015-02 IS ADOPTED

 

ORDINANCE 2015-03:

 ORDINANCE RE-DECLARING THE CITY OF MARION’S SUPPORT FOR CAN DO! IN ORDER TO CONTINUE THE ECONOMIC PROSPERITY OF THE GREATER MARION AREA, AND DECLARING AN EMERGENCY

          Mr. Thomas stated that this came out of committee with a 3-0 approval; 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 2015-03 IS ADOPTED

 

ORDINANCE 2015-04:

 ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH POGGEMYER DESIGN GROUP. FOR THE SEWER IMPROVEMENT OF AN ALLEY BETWEEN STATE ST. AND MAIN ST.  AND DECLARING AN EMERGENCY

          Mr. Thomas stated that this came out of S&S with a 3-0 approval; this is for the design, I move to suspend, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried. Mr. Thomas asked the Mr. Shoup to have the prices separated – storm/sidewalks/sanitary, etc. Mr. Shoup said we agree.

          Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2015-04 IS ADOPTED

 

ORDINANCE 2015-05:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH BURGESS AND NIPLE, LTD. FOR THE BALLENTINE AVE SEWER REPLACEMENT PROJECT # 14-2S AND DECLARING AN EMERGENCY

          Mr. Thomas stated that this came out of committee with a 3-0 approval; 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 2015-05 IS ADOPTED

 

 

 

ORDINANCE 2015-06:

ORDINANCE AMENDING THE FY 2013 CHIP HOUSING GRANT, AND DECLARING AN EMERGENCY

          Mr. Thomas said this came out of Jobs with a 3-0 approval; we’ll have a first reading tonight.       ORDINANCE 2015-06 HAS HAD ITS FIRST READING

        

ORDINANCE 2015-07:

 ORDINANCE TO CREATE MARION CITY CODE CHAPTER 911.201 THE CITY OF MARION SANITARY SEWER SYSTEM INCENTIVE CREDIT BY CREATING THE DISTRICT AND ADOPTING THE NECESSARY CODES, RULES AND REGULATIONS RELATED THERETO

          Mr. Thomas said that this came out of S&S with a 3-0 approval; this is on the incentive tap-in fees; we need a first reading this evening. ORDINANCE 2015-07 HAS HAD ITS FIRST READING

 

ORDINANCE 2015-08:

ORDINANCE AMENDING MARION CITY CODE SECTION 911.13 CONNECTION FEES IN ORDER TO PROVIDE CERTAIN VERBIAGE FROM REPEALED SECTION 916

          Mr. Thomas said that this came out of S&S with a 3-0 approval; we’ll need another 1st reading tonight. ORDINANCE 2015-08 HAS HAD ITS FIRST READING

 

Matters not on the Agenda

-NONE-

 

COMMITTEE DATES:

 

Finance                  1/20    @ 6:30

Regional Planning    1/28    @ 7:00 pm County Bldg.

 

 

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

 

 

                                                            ____________________________                                                           Dave Edwards                                                                                         President of Council

_________________________  

Clerk of Council