WAPAKONETA CITY COUNCIL SEPTEMBER 14, 2015
President Steve Henderson called the meeting to order at 7:30pm on September 14, 2015 at 701 Parlette Court with the following members present: Jim Neumeier, Daniel E. Lee, Bonnie Wurst, Chad Doll, Randy Fisher, Rachel Barber and Dan Graf. Also present were Mayor Rodney Metz, Service Director Bill Rains and Law Director Dennis Faller. There were 10 visitors present.
Received Income Tax Summary Report for Month Ending 08-31-2015.
Motion by Lee, second by Fisherto approve the minutes of the August 17, 2015 Council Meeting as submitted. Vote – 7 yeas, 0 nays.
Lands & Buildings Committee –a meeting was held on 08-24-2015 and the following was discussed:
The group first discussed the razing of 404 West Auglaize Street (corrected to 404 during the reading of the minutes on 9/14). Metz explained that the demolition will occur as soon as the plumbers are available to make the necessary connections between the adjacent houses and the sewer. Windows have not been removed from the house to ensure security. Helms & Sons will be conducting the demolition.
Upon being questioned, Metz also explained that the Public Works department had not yet cleaned out the Harrison Street house that the City had previously purchased for demolition. When this property is demolished, it will be backfilled and seeded. No one has yet been hired for the job.
The group then entered into a protracted and ultimately fruitless discussion about signs and their definitions, with Graf providing a number of examples of signs that he liked. The group discussed again the portions of the City ordinances that were in conflict with one another, but could not reach resolution on revised language. Barber will conduct additional research, for example, from the City of Lima.
Barber asked Ruck to follow up on previous reports about the possibility of a countywide building department for commercial inspections, and any possible collaboration with the City of St. Marys on residential inspections.
Graf made a motion, seconded by Doll, to accept the minutes of the May 14, 2015, meeting as presented. The motion passed unanimously. The group decided to meet again on Monday, August 31.
Lands & Buildings Committee – a meeting was held on 08-31-2015 and the following was discussed:
The committee returned to its extended discussion of sign definitions and extended the discussion even further until developing a consensus regarding Section 1250, paragraph 148 of the Codified Ordinances (definition of a "sign, ground") AND sub-paragraph 4 of Section 1490(a) of the Codified Ordinances ("placement of lower edge of sign"). Graf made a motion, seconded by Doll, to recommend that the language be changed to the wording that now appears in proposed Ordinances 2015-34 and 2015-35, and that Mr. Rains be directed to prepare legislation to that effect. The motion passed unanimously.
The group addressed a question from resident Frank Heffner, who lives adjacent to 406 West Auglaize. He wished to make some small changes to the non-demolished garage, and wondered when a transfer of property might occur (of the now-vacant lot to the neighboring property owners). Rains explained that the City will know much more about how said transfer might be effected—especially the extent of any easement—as of October 1, when much more work on the sewer had been completed. No recommendations were therefore generated.
Ruck reported that the county is checking out options for commercial inspection, but she has no sense of the timetable for any plan of action. She also checked with the City of St. Marys, which does not wish to enter into any collaboration for residential inspection, as it is "perfectly happy" with the existing system.
Mary then re-introduced a subject she had previously brought before the Lands and Buildings Committee: code enforcement. She stated that exterior painting represents 80% of all issues that Paul Eisert addresses in issuing a citation. She noted that currently the only mechanism for enforcing the maintenance code is to take someone to court, and that our law director would not be able to be in court every other week.
She proposed that the city take bids from contractors each year, for example, for painting or roofing. Then, when a property owner is cited and is unable to pay for the work, the City hires it out, with the cost to go on the property owner's taxes. Barber questioned how a homeowner who couldn't pay to have a project completed was going to be able to pay the cost on his or her taxes, and noted that such a system would simply put people at risk of tax deliquency. She had recently heard that property owners in Lima and Allen County were delinquent to the tune of $14 million for such assessments. Graf felt that Barber should not compare Wapakoneta with Lima.
Graf also stated that if people can't take their of their homes, they don't deserve to live in them. Barber asked about older persons who had always been able to keep up, but as they aged, encountered issues with home maintenance. Graf felt that these persons, too, shouldn't be living in a home that they couldn't maintain, as we will all get to that place in time.
Ruck also suggested that the City could adopt a program similar to Sidney's, in which people are given paint with a specific window of time in which to apply it.
Barber asked Ruck whether she had discussed the issue with the Law Director, to which Ruck replied that she had, but only briefly. Doll asked Ruck to check on language re enforcement from other communities.
Ms. Barber reviewed both meetings minutes for Council. After her review of the 8-24-2015 committee meeting minutes, Mr. Neumeier asked for clarification on the conflict of ground sign ordinances within the City. Ms. Barber then explained that Code 1250.10 (148) defines “Sign, ground” as a “freestanding sign which has a supporting base designed as an integral part of the sign resting totally or primarily on the ground”, and this conflicts with Code 1490.03 (a) (4) that states “Open Space. Every ground sign board shall have an open space of not less than two nor more than four feet between the lower edge of the board and ground level. The open space shall be left unobstructed, except for braces and vertical supports, between which there must be at least a four-foot clearance. Every ground sign board shall be stoutly constructed and anchored in a secure and substantial manner.” Ms. Barber added that the 1490.03 (a) (4) code was from 1978, and the 1250.10 (148) code was from 2010, with Council never previously negating the two codes.
After Ms. Barber’s review of the 8-31-2015 committee meeting minutes, Mr. Graf stated that he was misquoted by Ms. Barber within said minutes, and that the committee will discuss and resolve the matter during its next scheduled meeting.Mr. Graf added that said minutes were also not approved by the committee, and currently only reflect Ms. Barber’s rendition of what occurred during the meeting. Mr. Graf then stated that Ms. Barber’s committee meeting minutes need to be reviewed and approved by the committee prior to being submitted to Council. Mr. Grafreiterated that the 8-31-2015 Lands & Buildings Committee meeting minutes do not accurately reflect what was said within the meeting.
Communications -
Clerk McDonald read information she received from Sunoco Pipeline regarding their plans to conduct hydrostatic testing during the week of September 9, 2015 to the Mid-Valley pipeline. Mr. Neumeier asked if residents in the area of the pipeline had received the same letter. Mr. Faller answered that he believed so, and that he himself had also received the notification.
Clerk McDonald read a letter from Ohio Municipal League, inviting Council to attend their annual conference in October 2015.
Guest Petitions –
Mr. James Blair of 7227 Harding Highway, Lima and attorney for Nancy Freymuth of 13140 County Road 25A, spoke to council regarding Ms. Freymuth’s request for a sanitary sewer line hookup at her residence. Mr. Blair provided Council with a June 2008 letter from former Director of Safety & Service Rex Katterheinrich, and cited Ohio Administrative Code 3701-29-06 (I) to support Ms. Freymuth’s case. Mr. Blair also stated that the City of Wapakoneta currently has no ordinance that requires annexation prior to a sanitary sewer line hookup. Mr. Blair requested that the City grant Ms. Freymuth a permit to connect to the sanitary sewer tap already existing at the front of her property. Mr. Blair stated that Ms. Freymuth is willing to pay for the cost of the connection, as well as a 50% surcharge.
Mayor Metz stated that he believes there is an ordinance that requires annexation prior to sanitary sewer line hookup, and Administration will research the matter to locate said ordinance.
Mayor Metz also noted that the City’s sewer rates are based on water usage, so a meter would also be needed at the residence. Mr. Graf stated that Administration will need time to research the matter. Mr. Neumeier asked if Ms. Freymuth opposes being annexed into the City. Mr. Blair replied, yes. President Henderson put the matter into the hands of the Utilities Committee for review, and asked that Administration and Mr. Faller complete research to determine if the City does or does not have an ordinance requiring annexation prior to sewer line hookup.
Mr. Tom Stinebaugh of 1009 Hickory Circle, Wapakoneta, spoke to Council regarding his opposition to Ordinance 2011-36, regarding regulations for erosion and sediment control. Mr. Stinebaugh stated that though he understands the purpose of the legislation, it is not being enforced. Mr. Stinebaugh stated that the requirements of the State EPA do not change whether the City retains said legislation or not. Mr. Stinebaugh explained that omitting Ord 2011-36 would, however, stop the requirements of the builder having to pay a permit fee, as well as a $1000 refundable deposit. Mr. Stinebaugh requested that Council review the policy and determine if there is a need for it. President Henderson put the matter to the Lands and Buildings Committee for their review.
Unfinished Business -
Mr. Neumeier asked for an update regarding the traffic light at the CVS Pharmacy corner. Mr. Rains advised that the underground loop has been repaired twice, cameras have been installed to monitor the traffic on Wagner Street, and a control device will be installed. Mr. Rains added that cameras will also be placed at the Walmart traffic light for better traffic flow.
Mr. Neumeier requested an update regarding his inquiry about the infrastructure on Buchanan Street between Benton and Mechanic Streets. Mr. Rains replied that only the project’s stated sections need addressed. Mr. Neumeier asked if plans were in place to grind and pave said portion of Buchanan. Mr. Rains replied that this is up to the Streets and Alleys Committee on their 2016 grind and pave list.
Mr. Neumeier asked if a meeting has been set up with RLF. Mr. Rains replied that once a Finance Committee meeting is set, he will make contact.
Mr. Neumeier asked if Mary Ruck has met with ODOT regarding the Riverscape Project. Mayor Metz replied, no.
Mr. Neumeier asked if the City can spray weeds growing along the streets. Mr. Rains replied that the City’s licensed sprayer has been in contact with the Department of Agriculture, and is researching what can be done. Ms. Barber noted that weeds are also growing between bricks in some downtown areas.
Mr. Neumeier asked about the traffic signal at Bellefontaine & Wood Street intersection. Mr. Rains answered that the solid green light has been physically moved as far over as possible toward the thru-traffic lane, and signage options will be discussed with the county.
Ms. Barber asked for an update on what language was contained in the construction specifications reflecting tree preservation in the West Auglaize Street project. Mr. Rains replied that this information has not yet been received.
Ms. Barber asked if the City had received a report from Mr. Webber. Mayor Metz replied, not to his knowledge, but that he will be asking Mary Ruck about this.
Ms. Barber asked when trees will be planted on West Auglaize Street. Mayor Metz replied, spring of 2016.
Mr. Neumeier asked administration to address the Blackhoof Street closing details. Mayor Metz stated that he feels the street will not be closed as long as stated in the newspaper, but noted that he needs more information from the contractor and the state before he can accurately answer this question. Mr. Neumeier asked that administration seek this information and make it available to the public. Mayor Metz added that the street must be dug up twice more due to exposed fiber optics and replacing the apron of the bridge.
Mr. Neumeier asked administration to address why Harrison Street has not been paved. Mayor Metz replied that this is due to the sewer that is buried not being hooked up yet. Mayor Metz added that the sewer line needs to be completed first, then Harrison Street will be dug up four more times in different spots in order to tie in Stahler Trucking and the Public Works buildings. Mr. Neumeier added, if the street had been paved, it would’ve been tore up again due to the sewer line hookup. Mayor Metz added that the contractor’s original proposal was to keep Harrison Street closed during the entire project, and Mayor Metz declined that option. Mayor Metz said the contractor and others have done a lot of work to patch areas and lay additional gravel to keep the street passable this year.
New Business –
Motion by Fisher, second by Lee to form an ad-hoc committee to establish legislation for a municipal lodging tax. Vote – 6 yeas, 1 nay (Neumeier). Motion passed.
President Henderson asked Clerk to read Ord 2015-28 for the third time re: AN ORDINANCE ENACTING SECTIONS 1046.62 TO 1046.76, INCLUSIVE, IN CHAPTER 1046 OF THE CODIFIED ORDINANCES OF THE CITY OF WAPAKONETA ESTABLISHING SCHEDULE DSR: DELIVERY SERVICE RATE FOR LARGE LOAD CUSTOMERS.
Motion by Doll, second by Lee to adopt Ord 2015-28. Vote – 7 yeas, 0 nays. Motion passed.
President Henderson asked Clerk to read Ord 2015-30 for the second time re: AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS AND DECLARING AN EMERGENCY.
President Henderson asked Clerk to read Ord 2015-32 for the first time re: AN ORDINANCE ESTABLISHING PRELIMINARY LEGISLATION FOR THE CONSENT OF THE CITY OF WAPAKONETA TO THE OHIO DIRECTOR OF TRANSPORTATION TO MICROSURFACE EXISTING PAVEMENT ON INTERSTATE 75 AND US RT 33 AND DECLARING AN EMERGENCY.
President Henderson asked Clerk to read Ord 2015-33 for the first time re: AN ORDINANCE ESTABLISHING PRELIMINARY LEGISLATION FOR THE CONSENT OF THE CITY OF WAPAKONETA TO THE OHIO DIRECTOR OF TRANSPORTATION TO OVERLAY STATE ROUTE 501, STRAIGHT LINE MILE 2.69 TO 7.59 MORE OR LESS, WITH ASPHALT CONCRETE AND DECLARING AN EMERGENCY.
Mr. Neumeier asked when the state proposes to do this. Mr. Rains replied, in 2017 or 2018. Mr. Neumeier asked why the ordinance is an emergency. Mr. Doll advised that he contacted ODOT with this same question on a similar ordinance, and ODOT replied that the emergency language is needed in order to meet deadlines, and that it is standard ODOT practice.
President Henderson asked Clerk to read Ord 2015-34 for the first time re: AN ORDINANCE AMENDING 1250.10 (148) OF THE CODIFIED ORDINANCES OF THE CITY OF WAPAKONETA, OHIO, REGARDING GROUND SIGNS.
President Henderson asked Clerk to read Ord 2015-35 for the first time re: AN ORDINANCE AMENDING 1490.03 (a) (4) OF THE CODIFIED ORDINANCES OF THE CITY OF WAPAKONETA, OHIO, REGARDING GROUND SIGN BOARDS CONSTRUCTION SPECIFICATIONS.
President Henderson asked Clerk to read Ord 2015-36 for the first time re: AN ORDINANCE AUTHORIZING THE DIRECTOR OF SAFETY AND SERVICE TO PURCHASE ONE VAC-CON SEWER JET AND ROVVER X CAMERA SYSTEM THRU THE OHIO COOPERATIVE PURCHASING PROGRAM.
Mr. Neumeier asked if the intent is to purchase the system this year. Mr. Rains replied that the City would take possession of the units this year, but make the first payment in 2016. Mr. Rains explained that the current sewer jet is at the end of its useful life, and is not designed to go into a mainline sewer. Mr. Neumeier asked for the cost of hiring out the job to a contractor. Mr. Rains answered, approximately $30,000 to $40,000 per job. Mr. Rains added that Auditor Walter stated that funds are available to purchase the units outright. Mrs. Wurst agreed to contact Auditor Walter for more information on funding prior to the Finance Committee meeting.
President Henderson asked Clerk to read Ord 2015-37 for the first time re: AN ORDINANCE AUTHORIZING THE DIRECTOR OF SAFETY AND SERVICE TO EXECUTE AN AGREEMENT WITH THE AUGLAIZE COUNTY SOLID WASTE MANAGEMENT BOARD FOR OPERATION AND MANAGEMENT OF THE “YARD WASTE” DISPOSAL FACILITY.
President Henderson asked Clerk to read Ord 2015-38 for the first time re: AN ORDINANCE AUTHORIZING THE DIRECTOR OF SAFETY AND SERVICE TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH G. A. WINTZER & SONS, INC. TO PROVIDE EMERGENCY AMBULANCE SERVICE.