CITY OF PICKERINGTON
SERVICE COMMITTEE
OF COUNCIL
CITY HALL, 100
LOCKVILLE ROAD
THURSDAY, DECEMBER
8, 2005
REGULAR MEETING
7:30 P.M.
1. ROLL CALL. Mr. Hackworth called the meeting to order at 7:30 P.M., with Mr. Hackworth, Mr. Parker, and Mr. O’Brien present. No members were absent. Others present were: Judy Gilleland, Lynda Yartin, Lance Schultz, Ed Drobina, Jennifer Frommer, Jerry Dailey, Scott Seaman, John Gallagher, Cristie Hammond, Jim Ebright, and others.
2. APPROVAL OF MINUTES OF November 10, 2005, Regular Meeting. Mr. Parker moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. O’Brien, Mr. Parker, and Mr. Hackworth voting “Yea.” Motion passed, 3-0.
3.COMMUNITY COMMENTS: Mr. Hackworth stated he understood Mr. Ebright was present to discuss an issue with the Committee this evening. Ms Gilleland stated in 2001 the City entered into a pre-annexation agreement with Mr. Ebright for his property on Milnor Road. She stated one of the clauses in the agreement was that the City would agree to reimburse Mr. Ebright for the cost of one residential water tap and one residential sewer tap for each of the four parcels of the property. She stated Mr. Ebright is being served by the County. Ms Gilleland stated her interpretation of the language in the agreement is that it refers to the capacity fee, which is in the neighborhood of $3,200, and the charge with the capacity fee and line fee is $6,720 per tap. Ms Gilleland stated she and Mr. Drobina met with Mr. Ebright regarding this, and, again, she felt the language in the pre-annexation agreement described the capacity fee and does not include the line fee. She stated she had invited Mr. Ebright to speak to the Service Committee, and if the Committee wants to look at this or get an attorney’s interpretation, she would be happy to do that. She stated, however, she felt the City was on solid ground on reimbursing for the capacity fee only and not the extra charge for the line. She stated that Mr. Ebright felt in his negotiations with the former City Manager they spoke about the line and capacity fee, although the agreement does not specifically state that. Mr. Hackworth clarified the amount of the water tap fee was $3,260 and the line fee is $3,500. Mr. Ebright stated he never had any discussions with the City about the capacity fee and line fee being separate. He stated the only discussion he had, the former City Manager and Law Director had stated the City would pay the water tap fee and sewer tap fee for each property. He stated they even said, in lieu of that they would pay $10,000 per property. Mr. Ebright stated he did not want money, he just wanted the ability to tap onto water and sewer, free of charge, somewhere down the line, and that is what was presented to him. He stated he was caught off guard when he presented the amount to the current administration and he was told the City would only pay so much. He stated the agreement does say water tap, which is a little vague, but to him that meant that he would get water if he came into the City. He stated his impression was that he could get water and sewer at no cost. Ms Gilleland stated that while it may not seem like a lot of money for this agreement, we do have a number of these small agreements out there and she would caution Council on establishing a precedent. Mr. Hackworth stated the issue is the line fee for each parcel. Mr. Ebright stated he is having well problems on two of the parcels and that is why he is doing those right now, and if he needed to somewhere down the road he may want to hook in for the other two parcels, but he does not know that right now. Mr. Drobina stated Mr. Ebright is talking about $13,520 and $7,000 of that is the line fees for the two. Mr. Ebright stated further his business has a $350,000 per year payroll of which the City receives one percent, so he brings something back to the City as well. Mr. Hackworth stated since the Committee just received this tonight, he would like to have some time to speak with the law director and get a package of complete information before making a determination. Ms Gilleland stated the City would reimburse Mr. Ebright for the capacity fees and Mr. Drobina stated he had not done that as yet since he knew Mr. Ebright was coming to Service Committee. Mr. Ebright stated he felt he was entitled to the full amount because he was helping the City by allowing them to gain all the ground they wanted to, and they would turn around and help him by providing the water and sewer to his property. He stated that is all he had asked for and all that he felt he was entitled to, and that is what he thought was agreed to. Mr. Hackworth stated he would like to review this further, and if Mr. Ebright did not have any objections he would request this be put on the agenda for the next meeting. Mr. Hackworth stated he would like to get something put together so when Mr. Ebright came back for the additional water and sewer taps, there would be some sort of agreement that is better spelled out than the one we currently have. He stated it is very clear that the tap fees will be reimbursed, but as far as the line fees, he would have to get more information on that. Mr. Hackworth stated he hoped this could be resolved at the next Service Committee meeting.
4. PLANNING AND ZONING
A. REPORTS:
(1) BZA Report. Mr. Schultz stated there were no cases in November and there is one case on the agenda for December.
(2) Planning and Zoning Representative Report (Mr. O’Brien) Mr. O’Brien stated Planning and Zoning Commission will meet next Tuesday.
B. ACTION ITEMS:
(1) Review and request for motion to authorize the City Manager to accept land donation from Donley Concrete. Mr. Schultz stated a condition of the rezoning for the Donley Concrete Cutting expansion was that they donate approximately one-half acre of land to the City for open space out on S.R. 256 just south of the railroad tracks. He stated this donation was twofold, one so the residents to the south could ensure that it remained a park like setting, and also because the City did not want a curb cut at that location. Mr. Hackworth clarified this was a quitclaim deed and the City will maintain the property as open space. Mr. Hackworth moved to approve and forward to Council; Mr. Parker seconded the motion. Roll call was taken with Mr. O’Brien, Mr. Parker, and Mr. Hackworth voting “Yea.” Motion passed, 3-0.
(2) Review and request for motion to schedule a public hearing on rezoning 194 West Church Street. Mr. Schultz stated he was requesting Service Committee schedule a public hearing before City Council on this rezoning. He stated based on our public notice requirements, the earliest council meeting it can be scheduled for is January 17th. Mr. Hackworth moved to schedule a public hearing before City Council regarding the rezoning of 194 West Church Street for January 17, 2006, at 7:15 P.M.; Mr. Parker seconded the motion. Roll call was taken with Mr. Hackworth, Mr. O’Brien, and Mr. Parker voting “Yea.” Motion passed, 3-0.
C. ACCESS MANAGEMENT PLAN: Mr. Hackworth stated he would request this item be continued on the agenda until after the first of the year.
Mr. Hackworth stated if there were no objections, he would have Stilson give their presentation on the Traffic Signal Study at this time. All Committee members concurred. Mr. Gallagher stated this report contains a great deal of information and introduced Mr. Scott Seaman who briefly reviewed the report with the Committee. Mr. Gallagher stated he is no longer with Stilson Consulting and Mr. Seaman will be attending Service Committee regarding traffic issues.
Mr. Seaman provided a presentation with a traffic model of the traffic situation in the City.
5. SERVICE DEPARTMENT
A. REPORTS:
(1) Utility Fees Review Committee Representative Report (Mr. Hackworth). Mr. Hackworth stated the Utility Fees Review Committee had recommended a five percent increase on both water and sewer capacity fees, and that would be over and above the three percent that goes into effect the first of the year.
B. ACTION ITEMS:
(1) Review and discussion regarding funding request for renovation of water tower in the old downtown. Ms Gilleland stated she had provided information to the Committee and she had invited Mr. Good to the meeting for discussion, however, he could not be here this evening. Ms Gilleland stated she would like to have this continued on the agenda for discussion at the next meeting. Mr. Hackworth stated he would like to have Mr. Good attend the next meeting if possible.
(2) Review and request for motion to approve draft ordinance for five percent increase on water and sewer capacity fees. Mr. Hackworth ascertained the ordinance has not been completed as yet, and he would request this remain on the agenda for the next meeting so the Committee will have the ordinance to review.
(3) Review and request for motion to approve draft ordinance authorizing agreement with W.E. Stilson Consulting Group, LLC, for Well No. 7. Mr. Hackworth stated the Committee had not received a draft ordinance on this issue. Mr. Drobina stated this is a new well, and at one time we planned on doing it in 2002 when we did the plant expansion, but for some reason it was not done at that time. Mr. Hackworth stated he would request this be continued on the agenda for the next meeting.
(4) Review and discussion of easements for Cherry Hill D-Line Sewer. Mr. Hackworth stated it seemed this was moving pretty quickly. Ms Frommer stated she did not have the easements in time to go out in the Service Committee packets, and she would request this be continued on the agenda so the ordinance can be provided and the easements can be accepted as a group.
(5) Review and discussion of easements for Windmiller and Refugee Road traffic signal. Ms Frommer stated these easements would also be provided for the next Service Committee agenda with an ordinance for the City to accept them.
C. WATER UTILITY MAINTENANCE. No Report.
D. WASTEWATER UTILITY MAINTENANCE. No Report.
E. STREET MAINTENANCE. Mr. Drobina stated he had nothing to report other than to notify the Committee that he hopes to begin the street assessment for paving next week if the weather permits. He stated he hoped to get this done so if the funds become available from the contingency list we may be able to get the paving started earlier in the year.
F. STORM WATER UTILITY MAINTENANCE. No Report.
G. TREE COMMISSION. Update. Mr. Drobina stated he had no update.
Mr. Drobina stated at the last meeting the Committee had discussed allowing residents to connect to the water system and the Committee did receive a draft ordinance although it was not listed on the agenda.
6. ENGINEERING DEPARTMENT CAPITAL PROJECTS
A. WASTEWATER
(1) Wastewater Plant Expansion - Update. Ms Gilleland stated there was no update this evening.
(2) D-Line Interceptor Sewer Phase IIIB – Update. Ms Frommer stated she had nothing to report this evening.
B. TRANSPORTATION:
(1) Courtright Drive.
a. Courtright Drive Extension Project, Phase III – Update. Ms Gilleland stated she had met with the developer this week and they had a new proposal for the City to consider. She stated we are waiting for him to provide us with some new numbers and she hoped to have more information by the next meeting.
(2) Diley Road Improvements Project:
a. MORPC/ODOT Project – Update. Ms Gilleland stated there was no update this evening.
b. Noise Barriers – Update. Ms Gilleland stated she had nothing new to report on this issue.
(3) Cover/Ebright Connector
a. Pickerington Health Care Access Road – Update. Ms Gilleland stated we have an offer out to the property owner and we are waiting to hear back from his attorney.
(4) Traffic Signal Study - Update. Mr. Hackworth stated this was dealt with earlier in the meeting.
(1) Review and request for motion to approve agreement with Floyd Browne Group for water treatment clearwell and softener addition. Ms Gilleland stated it has been our intention to seek proposals from several different engineering firms for various City projects. Mr. Drobina stated we have requested qualifications from engineers and out of the responses he selected the Floyd Browne Group to do the design work for the clearwell and softener at the water plant. Mr. Drobina stated he had provided the agreement to the Committee; however, he did not have a draft ordinance prepared as yet. Ms Gilleland stated if the Committee authorized her to enter into the agreement, the ordinance would be forwarded to Council along with the agreement. Mr. Hackworth clarified we did not request bids, we requested qualifications for the design work and this firm appeared to be the best qualified. Mr. Drobina stated the agreement is for $88,500 and that included the design, construction, and administration of the project. Mr. Hackworth clarified that would also include the bidding of the project, and Mr. Drobina stated that was correct, the design would be $4,500 for preliminary design, $53,000 for the design, $5,500 for bidding, and then $25,000 for the construction administration. Mr. Hackworth moved to approve and forward to Council with the appropriate ordinance; Mr. Parker seconded the motion. Roll call was taken with Mr. O’Brien, Mr. Hackworth, and Mr. Parker voting “Yea.” Motion passed, 3-0.
D. STORMWATER. No Report.
7. CHAIRMAN. Mr. Hackworth stated he had nothing to bring forward.
8. OTHER BUSINESS.
A. Review and discussion of Supplemental Water Agreement with Canal Winchester. Ms Gilleland stated this issue is still in the negotiation process.
B. Review and request for motion to approve draft ordinance authorizing the City Manager to consent to the Director of Transportation to Install Median Cable Barrier on IR 270 from 0.06 miles south of the Johnstown Road overpass to the existing barrier (approximately 0.54 miles south of Broad Street); and on IR 70 from 0.05 miles east of US 33 to the Licking County Line. Mr. O’Brien stated as he understood it, ODOT was putting a barrier in on 270 from Johnstown Road to south of Broad Street to join up with the one that is existing, and then they will run one from IR70 east of 33 out to the Licking County line and a portion of that passes through Pickerington and they need our consent for that portion. Mr. Hackworth clarified we will not have any financial obligation; we just need to consent for it. Mr. Hackworth moved to approve and forward to Council; Mr. Parker seconded the motion. Roll call was taken with Mr. Parker, Mr. Hackworth, and Mr. O’Brien voting “Yea.” Motion passed, 3-0.
C. Review and request for motion to approve draft contract between the City of Pickerington, Ohio, and W. E. Stilson Consulting Group, LLC, for professional engineering services. Ms Gilleland stated this is an on-going contract, so we have written it so that it is automatically renewable annually so we do not need to discuss it each year. She stated the clause is included so that either party can terminate the contract with a 60-day notice. Ms Gilleland stated this contract is for Category B services, basic services, the services Ms Frommer is performing right now, and an array of services that we receive from Stilson. She stated Stilson has been very, very responsive to the City. Mr. Hackworth moved to approve and forward to Council; Mr. Parker seconded the motion. Roll call was taken with Mr. Parker, Mr. Hackworth, and Mr. O’Brien voting “Yea.” Motion passed, 3-0.
9. ADJOURNMENT. There being nothing further, Mr. Parker moved to adjourn; Mr. Hackworth seconded the motion. Mr. Hackworth, Mr. Parker, and Mr. O’Brien voted “Aye.” Motion carried, 3-0. The Service Committee adjourned at 9:10 P.M., December 8, 2005.
RESPECTFULLY SUBMITTED:
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Lynda D. Yartin, Municipal Clerk