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Marietta City Council approves Knox Park property measures despite split votes

By Gwen Sour 5 min read

MARIETTA -- Marietta City Council brought back and approved a revocable license agreement involving Knox Park on Thursday before adopting a separate easement measure for adjoining property. Both passed by 4-3 votes.

Councilman Jon Grimm moved to reconsider Resolution 19, which authorizes the city to enter into a revocable license agreement with Joseph H. Wesel II and Kathryn J. Wesel. The agreement allows the couple to use a specific portion of city-owned Knox Park, which is in the 500 block of Front Street.

Grimm said Councilman Ron Wesel previously recused himself from considering the legislation, although an Ohio Ethics Commission attorney advised Wesel that his relationship as a cousin of Joseph Wesel did not create a conflict of interest.

Grimm cited a section of the city's codified ordinances requiring members to vote unless council unanimously excuses them.

Law Director Paul Bertram said he had previously taken a more conservative position because of the appearance of impropriety but acknowledged that the Ethics Commission did not find a conflict based solely on the family relationship.

"This is not an indictment against Mr. Wesel," Bertram said.

The motion to reconsider passed 4-3, with Grimm, Wesel and council members Jade Thompson and Jeff Schultheis voting in favor. Councilmen Bill Gossett, Harley Noland and Davie Hendrickson voted against it.

Council then adopted the resolution by the same margin.

Grimm said he would have preferred a permanent easement but brought the license agreement back because that was what the property owner wanted.

"A license merely kicks this problem down the road to the next property owner and to the next council," Grimm said. "However, the property owner does not want to cause any more problems."

Hendrickson said allowing private use of city property could establish a precedent.

"It opens the door for anybody that lives adjacent to city property to ask for the same anywhere," he said.

Noland said the measure could permit the installation of a fence and reduce the park's publicly accessible area.

"This would allow them to turn public property into private use," Noland said. "A fence can go up and the park (is) diminished. I certainly oppose it."

Gossett said Joseph Wesel knew about the property line before concrete was poured over the disputed area. Grimm responded that the city administration observed the concrete being poured over an existing parking area but did not notify the property owner.

Council also adopted Ordinance 80, authorizing the city to advertise for bids for an easement over a specific portion of Knox Park adjoining property owned by Donald J. McMahan, trustee of the Donald J. McMahan Revocable Trust.

Bertram explained that, unlike the revocable license, the easement would run with the land. The easement must be advertised for bids for five weeks and awarded to the highest bidder.

Noland described that as a significant distinction.

"This is in perpetuity," he said.

Grimm said the area has been fenced off since Knox Park was established and has not been used by the public as part of the park.

The ordinance passed 4-3, with Grimm, Schultheis, Thompson and Wesel voting in favor. Gossett, Hendrickson and Noland voted against it.

Bertram said adoption of the ordinance does not give McMahan an immediate right to use the property. The city must first establish bidding conditions and complete the bidding process.

Council members also said Mayor Josh Schlicher may veto the ordinance because it received only four affirmative votes. He did not immediately sign the ordinances during Thursday’s evening.

Former Councilwoman Kathy Shively urged council to reject Ordinance 80, noting that a previous resolution involving the same property had been defeated.

"This ordinance came about as just another bite at the apple," she said.

Council Clerk Michele Newbanks read written comments from former Councilman Roger Kalter, who also opposed the measure.

"Please follow the law and do not give away the public space designated as Knox Park," Kalter wrote.

In other business, council received Resolution 24, which was added during the meeting and was not listed on the original agenda. The resolution would authorize the city to seek $650,000 from the Ohio Public Works Commission for the 2027 citywide asphalt resurfacing and ADA curb ramp project. The request includes a $400,000 grant and a $250,000 loan.

Schlicher apologized for submitting the legislation at the last minute, saying he initially misread the application deadline as Sept. 28 instead of Aug. 28.

"This was totally my fault," he said.

Council unanimously suspended the resolution's second reading only. Grimm said it would be discussed in committee before receiving its third reading during a special council meeting on Monday.

"This needs to be handled quickly," Grimm said. "However, this has not been discussed in committee."

Council unanimously adopted Ordinance 78, authorizing requests for qualifications and proposals for foundry and related services for the Memorial to the Start Westward bronze project.

Council also unanimously adopted Ordinance 92, containing $371,290 in fund appropriations and transfers. Grimm said the measure includes $68,000 for police overtime resulting from officer turnover, $59,000 for firefighter overtime related to on-duty injuries, $119,790 from a Safe Streets grant and $124,500 to address a paving program funding gap related to the Fourth and Marion streets sinkhole.

Council suspended the remaining readings and unanimously adopted legislation to seek bids to lease two spaces at the Marietta Area Community Center at the Armory. Room 9 contains 625 square feet, while Room 12 contains 250 square feet.

Resolution 23 received its first reading without further action. It would accept a $10,000 donation from the Mid-Ohio Valley Aquatic Center to provide swimming lessons at the Marietta Aquatic Center for children whose families might otherwise be unable to afford them. Thompson said the aquatic center recorded 13,885 admissions during the season.

Former Councilman Ben Rutherford is scheduled to present findings from the city's ad hoc injection well committee at 5:30 p.m. Aug. 31 at the Armory.

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