Regular Council

June 27 16

The regular meeting of the Waterville Council was called to order by Mayor Lori Brodie at 7:30p.m. in the Council Chambers of the Waterville Municipal Building.

A prayer was offered by Mr. Valtin. The Pledge of Allegiance was recited.

Present at roll call were Mr. Larkins, Mrs. Bruno, Mr. Valtin, Mayor Brodie, Mr. Rozic, Mr. Pedro and Mrs. Duncan.

Also present this evening were Jim Bagdonas, Administrator; Phil Dombey, Law Director;and Melissa Cook, Recording Secretary.

Staff Present:

Jon Gochenour – Director of Finance and Administration, Clerk of Council

David LaGrange – Police Chief

Patrick Wambo– Fire Chief

Ken Blair – Public Works Director

Citizens Present:

Please see Citizens’ Sign-In Sheet, Exhibit A, Page 1 for a list of people present.

Approval of Minutes

Mr. Pedromoved to approve the minutes of the May 23, 2016 Regular Council meeting. Mrs. Brunoseconded the motion, which passed by unanimous voice vote.

Citizen’s Comments

David Bourland, 105 N. Fourth St., came to this evening’s meeting to give Council an update on their group P.A.W. (Protecting Air in Waterville), which is a group of concerned Waterville residents that are opposed to the planned placement of a natural gas pipeline through the City of Waterville. He then stated that they have written a proposed amendment to the City Charter that they would like to see on the November ballot. He presented Council with 21 petitions with 435 total signatures and a sample of the proposed amendment. If the amendment were passed, it would ban the Nexus Gas Transmission and future pipelines and compressor stations in the City. Election Day is November 8, 2016 and presenting this to Council today will give P.A.W. enough time to meet the deadline and allow the city and the Lucas County Board of Elections to verify and approve the signatures on the petition.

Mayor Brodie stated that the Clerk of Council has 10 days, using the Board of Elections, to verify if the signatures on the petition are valid. She added that Council would then have 30 days to accept, amend or reject the amendment to the Charter.

Mr. Dombey stated that the amendment, if patterned after the Broadview Heights, Ohio, Community Bill of Rights, would not be enforceable or constitutional. He quoted a decision by the U.S. Supreme Court in Morrison vs. Beck Energy Corporation, which affirmed that state statues pre-empt conflicting local ordinances. He added that local municipalities cannot overrule federal or state exemptions or the interstate commerce clause. He encouraged the members of P.A.W. to have a dialog with members of Council before the city puts it on the ballot so that whatever comes from this will be constitutional and would actually do the community some good. He added that he believes that this is a wonderful effort and obviously everybody wants to protect the resources of this community.

Staff Reports

Administration: Jim Bagdonas

  • Stated that he didn’t have anything to add to his report that wasn’t agenda specific.

Law Director: Phil Dombey – No report.

Finance Director: JonGochenour

  • Reviewed details from the May 2016 Month End Finance Report highlighting fund balances, investments and income tax revenues. He also briefly discussed the Bond Anticipation Note Ordinances on this evening’s agenda.

Police Chief: David LaGrange

  • Reported that this year’s Safety City will be held July 11– 15. The morning session is full and 10 spots are still available in the afternoon session.
  • Stated that $530.00 was donated to the Waterville Police Department in memory of former Mayor Charlie Duck. He added that the money will be used to buy equipment for the department.

Chief LaGrange and Council had a brief discussion on the use of K-9 officers in the Anthony Wayne law enforcement area.

Fire Chief: PatrickWambo

  • Reported that the total number of runs for the month of May was 45.
  • Stated that he has implemented the extra 24 hours of part-time help. He added that he put them into service on Friday and Saturday and on the first night they had four runs.

Chief Wambo and members of Council then held a brief discussion on the recent house fire in Waterville. The Chief gave an explanation on what the chain of command would be when several departments under mutual aid respond to a call.

Public Works Director: KenBlair

  • Reported that a pre-construction meeting will take place tomorrow afternoon for the Bowling Green Water Transmission Line.
  • Stated that legislation is on the agenda this evening to approve the addition of John Street and the south block of Ohio Street to this year’s paving program. Since the bid for the 2016 Paving Program was significantly below the estimate, there is an additional $65,000 in the budget available for this work.
  • Stated that included in Council’s packet was a letter from the PUCO regarding their response to the condition of the Farnsworth Road Rail Crossing. They did fill in the potholes but this repair is temporary at best.
  • Thanked the Waterville Primary third-grade students for completing a service project by picking up litter around two of the city’s parks and on Pray Blvd. He also thanked Nilsson’s Landscaping for the plantings and for all of the work they have done at “The Point.”

Communications from Council Members/Committees

  1. Appointment of Ted Kaczorowski to unexpired Regional Combined Health District Board term ending June 30, 2019

This appointment proposed by the Mayor would fill a vacancy for an unexpired term on the Regional Combined Health District Board due to the resignation of Mary Duncan.

Mr. Pedro made a motion to appoint Ted Kaczorowski to the Regional Combined Health District Board. Mrs. Duncan seconded the motion, which passed by unanimous voice vote.

Mrs. Duncan – No report.

Mr. Pedro –

  • Reported that the Waterville Economic Development Committee will have some announcements in the near future regarding an outreach to local businesses to attend future planned seminars. He added that as soon as he has more details he will share this information with Council and the community.

Mr. Rozic – No report.

Mr. Valtin – No report.

Mrs. Bruno – No report.

Mr. Larkins –

  • Complemented the city staff on the reorganization of the city’s website.
  • Reported that the Parks and Recreation Committee recently met and considered a proposal from Metro FC to use Prairie Trail Park as their home soccer field. A copy of the proposal was included in Council’s packet. He then stated that he met with Mr. Valtin, Mrs. Duncan and Mr. Blair this morning at the park and they came up with a revised plan which he then passed down for Council to review. He added that the Committee, along with two homeowners that attended the meeting, had no objections to this proposal.

Andy Pollock, representing Metro FC of Toledo, stated that they are an all-girls youth soccer club with players that reside in the AW School district as well as other nearby districts. Their 17 club teams play against teams from NW Ohio and the Cleveland area. He added that they are looking for a new home because their current home fields are not suitable and do not provide a safe environment for their players. He then stated that he lives in Waterville Meadows and drives by Prairie Trail Park every day and feels that it would a great place for Metro FC to utilizesince it is open, level, has parking and is located near most of their soccer family residences. It is their hope to have six fields lined within the park with 2 goals on each field. It was the consensus of Council that a lot of their concerns were addressed in the proposal. Following the discussion, Mr. Dombey stated that eventually he will need an idea of the type of entity, the articles of incorporation and names of officers to complete a proposed use agreement. Mayor Brodie stated that the city will work on the agreement/contract and will present a Resolution at the next Council meeting scheduled for July 25.

OLD BUSINESS:

  1. PUBLIC HEARING – ORDINANCE 08-16 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF WATERVILLE BY GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A BUILDING ON A 14.846 ACRE PARCEL OF LAND ON THE SOUTHEAST SIDE OF PRAY BLVD. NORTH OF STATE ROUTE 64 ZONED R-4 FOR A SENIOR LIVING COMMUNITY AND DECLARING AN EMERGENCY

Third Reading, Public Hearing and Legislative Action

The City received an Application for a Special Use Permit as described above. The property is zoned R-4. At the May 2 meeting, the Planning Commission approved a motion by a vote of 4-0 with one member absent to recommend the granting of this Special Use Permit including three variances as described in the Ordinance and approval of the site plan for this project, subject to the comments noted in the April 28, 2016 letter from Thomas Yurysta, City Engineer. The applicant has now amended their request to include a temporary leasing trailer as a part of the Special Use Permit. In considering the temporary leasing trailer, Mr. Bagdonas stated that Council may wish to consider a number of conditions such as the exterior appearance of the trailer, the timing of its installation and removal and whether restroom facilities will be included. The Ordinance has been modified to include a reference to the temporary leasing trailer and additional information regarding the trailer is attached to the current copy of the Ordinance.

Mayor Brodie opened the Public Hearing at 8:19 p.m.

Don Feller, Feller Finch and Associates, along with Mike Simko from StoryPoint, came to this evening’s meeting to give a brief description of the project and to answer any questions from Council. Mr. Feller also added that the have requested that the Special Use Permit be amended to allow for a temporary leasing trailer.

Council discussed the temporary leasing trailer as well as the extra use of city safety services that will result with the building of the StoryPoint facility. Mr. Bagdonas added that this facility willcause many more medic runs and the City will need to anticipate this and plan for it. He also suggested that we include that the leasing trailer be removed within 30 days of occupancy of the main building.

Mayor Brodie closed the Public Hearing at 8:31 p.m.

Mayor Brodie made a motion to suspend the rules to allow for the passage of Ordinance 08-16 as an emergency measure. Mr. Valtin seconded the motion.

Roll Call: Mr. Pedro – yes, Mrs. Duncan – yes, Mr. Valtin – yes, Mayor Brodie – yes, Mr. Larkins – yes, Mrs. Bruno – yes, Mr. Rozic - yes. The motion passed unanimously.

Mayor Brodie made a motion to move for the passage of Ordinance 08-16 as an emergency measure. Mr. Pedro seconded the motion.

The motion was amended to include that passage was subject to the leasing trailer requirements and the final approval of the landscaping agreement.

Roll Call: Mr. Rozic – yes, Mrs. Bruno – yes, Mr. Larkins – yes, Mayor Brodie – yes, Mr. Valtin – yes, Mrs. Duncan – yes, Mr. Pedro – yes. The motion passed unanimously.

  1. PUBLIC HEARING – ORDINANCE 09-16 AN ORDINANCE AMENDING THE MUNICIPAL ZONING MAP OF THE CITY OF WATERVILLE TO CHANGE THE ZONING CLASSIFICATION OF A CERTAIN PARCEL OF LAND KNOWN AS 708 SOUTH RIVER ROAD (PARCEL No. 96-03277) FROM R-1 RESIDENCE DISTRICT TO C-1 COMMERCIAL DISTRICT

Third Reading Public Hearing and Legislative Action

The City received an Application from Trisun Land Services LLC, Trustee to rezone this property from R-1 to C-1. At the June 6 meeting, the Planning Commission approved a motion by a vote of 4-1 to recommend the rezoning of the property.

Mayor Brodie opened the Public Hearing at 8:34 p.m.

Mr. Greg Rumple, Trisun Land Services, LLC, was in attendance to answer any questions from Council.

Mayor Brodie closed the Public Hearing at 8:36 p.m.

Mr. Valtin moved to adopt Ordinance 09-16. Mr. Larkins seconded the motion.

Roll Call: Mayor Brodie – yes, Mr. Valtin – yes, Mr. Larkins – yes, Mrs. Duncan – yes, Mr. Pedro – yes, Mrs. Bruno – yes, Mr. Rozic – yes. The motion passed unanimously.

  1. ORDINANCE 10-16 AN ORDINANCE GRANTING TO THE WATERVILLE GAS & OIL COMPANY, AN OHIO CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO LAY, CONSTRUCT, MAINTAIN, OPERATE, REPAIR AND REMOVE MAINS, PIPES, REGULATORS AND ALL OTHER FIXTURES, APPLIANCES AND APPURTENANCES IN, OVER, THROUGH AND UNDER THE STREETS, ALLEYS AND PUBLIC GROUNDS OF THE CITY OF WATERVILLE, OHIO, FOR TRANSMISSION AND SUPPLY OF GAS OR THE MANUFACTURING OF GAS FOR LIGHT, FUEL OR POWER PURPOSES FOR SAID CITY AND ITS INHABITANTS FOR A PERIOD OF FIVE (5) YEARS.

Second Reading

  1. ORDINANCE 11-16 AN ORDINANCE FIXING THE PRICE AT WHICH GAS SHALL BE FURNISHED TO THE CITY OF WATERVILLE, OHIO, AND ITS INHABITANTS BY THE WATERVILLE GAS & OIL COMPANY, AN OHIO CORPORATION, AFTER ACCEPTANCE HEREOF AND UNTIL FIVE YEARS THEREAFTER

Second Reading

Ordinance 10-16 and 11-16 are related to the Waterville Gas Company’s five-year franchise agreement with the City. The franchise agreement will expire on September 12, 2016. The Finance Committee has recommended the passage of these Ordinances. The rate Ordinance specifies a Customer Charge of $12.50 per month, an increase from the current $11.00. The Ordinances contain very minor changes from the current franchise, including a provision regarding customers that use large volumes of gas from May to October and provisions addressing the reimbursement of gas facility relocation costs for private developments.

NEW BUSINESS:

  1. ORDINANCE 13-16 AN ORDINANCE AMENDING, REPEALING AND ENACTING CERTAIN SECTIONS OF CHAPTER 1501 OF THE FIRE PREVENTION CODE

First Reading

The Fire Chief has undertaken a comprehensive review of Waterville Codified Ordinances Chapter 1501, the Fire Prevention Code. This Chapter has not been updated for many years. This Ordinance reflects Chief Wambo’s recommendations for amendments to the Fire Prevention Code to bring it up to date and to make it consistent with the Ohio Fire Code. These amendments will be reviewed by the Public Safety Committee before the third reading of this Ordinance.

  1. REFERRAL TO PLANNING COMMISSION – EXTREME RESTORATION BY JAKE SPECIAL USE PERMIT APPLICATION – 218 MECHANIC UNIT C (MOTION)
  1. ORDINANCE 14-16 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF WATERVILLE BY GRANTING A SPECIAL USE PERMIT TO OPERATE A COMPLETE AUTOMOTIVE RESTORATION FACILITY AT 218 MECHANIC STREET UNIT C AND DECLARING AN EMERGENCY

First Reading

An Application has been received for a Special Use Permit to operate a complete frame-off automotive restoration facility including auto body repair and operation of a paint booth at 218 Mechanic Street Unit C. A referral by Council to the Planning Commission for a recommendation is necessary at this time to begin the Special Use Permit process. The next Planning Commission meeting is scheduled for July 6. Assuming the referral is approved, a first reading of the Ordinance has been scheduled for this meeting. The Public Hearing and third reading would occur at the August 22 Council meeting after Council receives the Planning Commission’s recommendation.

Mr. Pedro made a motion to refer the Special Use Permit application to the Planning Commission. Mr. Rozic seconded the motion, which passed by unanimous voice vote.

  1. ORDINANCE 15-16 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $101,385 FIRE EQUIPMENT ACQUISITION BOND ANTICIPATION NOTES, ELEVENTH (2016) RENEWAL, BY THE CITY OF WATERVILLE, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF ACQUIRING FIRE EQUIPMENT, AND DECLARING AN EMERGENCY
  1. ORDINANCE 16-16 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $488,813 PUBLIC INFRASTRUCTURE IMPROVEMENT BOND ANTICIPATION NOTES, ELEVENTH (2016) RENEWAL, BY THE CITY OF WATERVILLE, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF CONSTRUCTING PUBLIC INFRASTRUCTURE IMPROVEMENTS IN THE AREA OF THE FALLEN TIMBERS BUSINESS PARK, AND DECLARING AN EMERGENCY
  1. ORDINANCE 17-16 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $105,323 WATER LINE IMPROVEMENT BOND ANTICIPATION NOTES, TENTH (2016) RENEWAL, BY THE CITY OF WATERVILLE, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF CONSTRUCTING WATER LINE IMPROVEMENTS IN THE MUNICIPALITY, AND DECLARING AN EMERGENCY
  1. ORDINANCE 18-16 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $447,260 WATER TOWER RESTORATION BOND ANTICIPATION NOTES, EIGHTH (2016) RENEWAL, BY THE CITY OF WATERVILLE, OHIO IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF RESTORING WATER TOWERS IN THE MUNICIPALITY, AND DECLARING AN EMERGENCY
  1. ORDINANCE 19-16 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $617,219 WATER SYSTEM IMPROVEMENT BOND ANTICIPATION NOTES, SECOND (2016) RENEWAL, BY THE CITY OF WATERVILLE, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF CONSTRUCTING WATER SYSTEM IMPROVEMENT, AND DECLARING AN EMERGENCY
  1. ORDINANCE 20-16 AN ORDINANCE CONSOLIDATING FIVE BOND ANTICIPATION NOTES ISSUES FOR THE CITY OF WATERVILLE, OHIO AND DECLARING AN EMERGENCY

Ordinances 15-16 through 20-16 are related to the FY 2015 Bond Anticipation Note Issue retirement and the issuance of new one-year Bond Anticipation Notes. The 2015 notes mature July 27, 2016 and will be replaced by a new one-year note issue. The $1,760,000 2016 note issue reflects a decrease of $167,000 from the 2015 note issue although it includes a new $387,051 note for the Maumee River Water Transmission Main. The issuance of notes allows maximum flexibility in reducing the debt more quickly than if this debt was in the form of bonds. All of the foregoing actions have been recommended by the Finance Committee.

Mayor Brodie made a motion to suspend the rules to allow for the passage of Ordinances 15-16 through 19-16 as an emergency measure. Mr. Rozic seconded the motion.

Roll Call: Mr. Larkins – yes, Mr. Valtin – yes, Mayor Brodie – yes, Mrs. Duncan – yes, Mr. Pedro – yes, Mrs. Bruno – yes, Mr. Rozic - yes. The motion passed unanimously.

Mayor Brodie made a motion to move for the passage of Ordinances15-16 through 19-16 as an emergency measure. Mr. Valtin seconded the motion.

Roll Call: Mr. Rozic – yes, Mrs. Bruno – yes, Mr. Pedro – yes, Mrs. Duncan – yes, Mayor Brodie – yes, Mr. Valtin – yes, Mr. Larkins - yes. The motion passed unanimously

Mayor Brodie made a motion to suspend the rules to allow for the passage of Ordinance 20-16 as an emergency measure. Mr. Rozic seconded the motion.