October 12, 2015 Summary

MARION CITY COUNCIL MEETING

 

 

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

 

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

 

PRAYER LED BY PASTOR QWAST OF FAMILY LIFE CHURCH

 

PLEDGE OF ALLEGIANCE

 

Summary of Proceedings from September 28, 2015. Mr. Cumston moved, Mr. Thomas 2nd. Roll Call: Ayes all, motion carried, Summary of Proceedings is accepted.

 

OLD BUSINESS:

 

ORDINANCE 2015-79:

ORDINANCE AMENDING SECTION 1151.065 USES AND PROJECTIONS PERMITTED IN YARDS OF THE PLANNING AND ZONING CODE AS CONTAINED WITHIN THE MARION CITY CODE

            Mr. Daniels said this came out of Legislation Codes with a 3-0 recommendation for approval, I move to suspend the rules. Mr. Russell spoke: This item went onto City Planning and Ken Lengieza was asking to put in some additional language concerning materials. I’d suggest having a second reading tonight and see if the additional materials will be distributed to Council. Mr. Daniels asked what the sentence was. Mr. Russell suggested that the materials and type of fence be controlled and some discretion from the Compliance Officer for certain materials being used. Mayor Schertzer said that the Planning Commission voted unanimously on this. Not to control the material that was going to be used, It was to inform the zoning inspector what kinds of materials were going to be used. The discussion revolved around fences made out of pallets. That is a new thing being done; they can be done in very good taste. We didn’t want to limit it to the traditional types of materials that one might normally put up, a privacy fence. We wanted to broaden it a little bit and tell us what you are going to use. Some junk yards, using panels from old garage doors, this would not be a material to be used for a privacy fence. Clerk read the line. “The zoning inspector must approve materials, method of construction, and appearance of all fencing.”

            Mr. Russell said what’s necessary is the appropriate language. What we are going to do, find what other communities have adopted, and try to incorporate those into the code, so the person in the future can understand what the controls are.

            Mr. Ratliff said since this is out of Committee and had a 1st reading, somebody is going to come to Council and make the change, and it can’t be made at this point. It would be an amendment or go back to committee and change it. Nr. Russell said yes. Mr. Thomas asked if we are giving the Zoning Inspector the ability to determine what type of material we are going to use for the fence. Mr. Russell said no.

            Mr. Daniels said if this continues down this path, I’ll probably vote against my own legislation. I intended to make it something simple. Don’t give your neighbor the rough side of the fence, its simple where everyone can understand. Be nice to your neighbor legislation, stand alone and move it forward.

            Mr. Russell said that was exactly my response as well. Put the prettier side out so your neighbors don’t look at the ugly side. I suggest that we keep it the way it is, and later down the line, if we need to look at that we can.

            Mr. Cumston 2nd the suspension. Roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Crider, Mr. Daniels; NAYS: Mr. Ratliff, Mrs. Gustin. Legislation is not suspended. ORDINANCE 2015-79 HAS HAD ITS 2ND READING.

            Mr. Ratliff said when we get that, I may not to add it, if Mr. Lengieza feels strong enough to ask that, I feel anything in Legislation Codes have 3 readings. Will find out in a couple of weeks. Mr. Daniels said we’ve exhausted this in our last meeting. If Mr. Ratliff attended a committee meeting, he already would know what happened in Committee. Mrs. Gustin said she voted no also, there might be somebody that would try to put something up that wouldn’t be appropriate. Mr. Ratliff said when you don’t get your way, let’s not hear it.

 

ORDINANCE 2015-80:

ORDINANCE TO VACATE ONE (1) 12’ WIDE EAST/WEST ALLEY LOCATED NORTH OF 437 WINDSOR ST., (BETWEEN LOT NUMBERS 2568 AND 2569) PURSUANT TO ORC 723.041 RETAINING PERMANENT EASEMENT RIGHTS (Applicant, Greg Darling)

            Mr. Thomas said this came out of Streets & Sewers with a 0-3 NOT to approve the vacation of the alley. I’ll ask for a 2nd reading tonight. There will be a public hearing on October 26th.

            ORDINANCE 2015-80 HAS HAD ITS 2nd READING

 

NEW BUSINESS:

 

ORDINANCE 2015-82:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO FINALIZE THE AGREEMENT FOR ENGINEERING DESIGN SERVICES TO MEET THE DEADLINE UNDER ODOT’S LARGE CITY FUND PROGRAM TO FACILITATE THE REPAVING OF WEST CENTER ST. AND DECLARING AN EMERGENCY

Mr. Thomas said this came out of Streets & Sewers with a 2-0 recommendation for approval; I’d like to suspend the rules, Mr. Cumston 2nd. Roll call: Ayes all, motion carried.

Mr. Thomas moved to adopt, Mr. Crider 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2015-82 IS ADOPTED

 

Matters not on the Agenda:

 

            Beth Meadows spoke on behalf of DT Marion, she is a board member. Thank you for the collaborative efforts for the help of the remediation of the two burnt buildings on Main St. We are being granted 35,000 for this project.

            Scott Ballenger of Aqua Ohio spoke on the 13 water projects that were done in 2015. He is here today to give us an update on them.

            Mr. Crider asked Mr. Shoup of the work being done on Mark and LaTourette St. Mr. Shoup said Mark St. milling process started last Friday, and continued today. The Milling is complete. LaTourette – the hold-up was the equipment of the poles, moving them one to another. That was done also last week. The next step is to finish up a couple of storm drains, curb and gutter in. 3 courses of asphalt in. We’d like to try to get one on before winter.

 

COMMITTEE DATES:

 

Finance                       10/20   @ 6:30 pm

Jobs & Eco. Deve.      10/26   @ 6:45 pm

Legislation Codes       10/26   @ 6:35 pm

Regional Planning       10/28   @ 7:00 – County Building    

 

         

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

 

 

                                                                        ____________________________                                                                            Dave Edwards                                                                                                             President of Council

_________________________       

Clerk of Council