SERVICE COMMITTEE OF COUNCIL

SERVICE COMMITTEE OF COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

THURSDAY, SEPTEMBER 14, 2006

REGULAR MEETING

7:30 P.M.

1. ROLL CALL. Mr. Hackworth called the meeting to order at 7:30 P.M., with Mrs. Hammond, Mrs. Riggs and Mr. Hackworth present. No members were absent. Others present were Tim Hansley, Brenda VanCleave, Jennifer Frommer, Stacey Bashore, Lance Schultz, Ed Drobina, Missy Naegele, David Naegele, Tracy Conforti, Shawn Hillman, Robert Shoaf and others.

2. APPROVAL OF MINUTES OF August 11, 2006, Regular Meeting. Mrs. Hammond moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Riggs, Mrs. Hammond and Mr. Hackworth voting "Yea." Motion passed, 3-0.

3. COMMUNITY COMMENTS:

Windmiller Ponds Presentation- Missy Naegele and Tracy Conforti gave a power point presentation to the Committee regarding Windmiller Ponds. (Attachment 1 to these minutes) Mrs. Naegele stated they were present to ask for the support of the Committee to let Staff continue to work with them and access funds and resources to help them get the subdivision back to where it needs to be. Mr. Hackworth asked if the developer would be providing aeration in one of the ponds. Mr. Hansley stated we have been in negotiations with the Developer and he is steadfast that aeration is one issue that is not required. He further stated that we did get movement on the entry way monument and street lighting. Mr. Hansley stated that staff would support a motion for direction from the Committee to continue to work with the Homeowner's Association and the authority to use the resources and/or financial help to continue to work with them. He further stated that we asked for the Law Director's opinion for the City, but because he is in the firm that represents Rockford Homes there is a conflict, but with his assistance we did get some closure on the street lighting issues. Mr. Hackworth asked about the $129,000 estimate. Mr. Hansley stated that we brought in Keller Farms to help us and we got the figure down to $50,000 to $60,000 and we are trying to split that one to three ways and maybe use some of our equipment to bring that down more. Ms VanCleave stated it is around a four acre area so that is why the topsoil figure is so high. Mr. Hackworth asked if this area was R4 zoning or was it a planned unit development. Mr. Schultz stated it was R4 zoning. Ms VanCleave stated we also had called to our attention certain areas that have a 25 foot strip of land between houses that looks like someone dumped construction debris into that easement area and it is deeded to the Homeowner's Association. Mr. Hackworth asked if the ponds were there for flood control. Ms VanCleave answered no and that is why we have called in OEPA. She further stated there were some minor violations cited and Rockford's response was to put up silt fences. Mr. Hackworth asked about money being put aside for the Homeowner's Association because we have had issues with ponds before. Mr. Schultz stated he would have to check the minutes. Mr. Hackworth summarized the issues with two aeronators for the ponds; grass issues; rezoning issue is being taken care of and the walking path. Ms VanCleave stated that because Columbia Gas owns the easement where the walking paths are they want no vegetation and no paving there to protect their gas line. Mr. Hackworth stated this is a private contract in a lot of ways and asked if there was a dollar amount. Mr. Hansley stated he wanted to add the justification that things may have been signed off on prematurely and for that reason we may be able to work with them more than we normally would. He added that there could be a capped dollar amount now and we would come back if it would be more, but right now we would be looking at around $20,000 and we would use our staff for the work. Mrs. Riggs stated that she has a lot of questions with regards to what has been done in the past and if Rockford is being held accountable for what has occurred. She further stated they still have 15 homes to build and she felt that we need to have some serious conversation with them. Mr. Hansley stated we looked at every option available and one option was discontinuing inspection, but in speaking to our Counsel they felt it would go to litigation that we could not win. Mrs. Riggs stated she is looking for the liability, is it the City's fault or Rockford Homes? Mr. Hansley stated it is probably a combination of both. Mr. Hackworth asked if there was anything else that could be done to the bike paths. Mr. Hansley clarified that the previous administration required gravel instead of asphalt and we could solve that with a compromise that is acceptable. Mr. Hackworth asked what fund the money would come out of. Mr. Hansley stated it would be out of the general fund with some kind of line item for accounting. Ms VanCleave stated that in the future we are looking to develop landscape standards for our residential design standards for these ponds that will address the aesthetic issues as well. Mr. Hansley stated that part of the motion should include that there were some sign offs and other things that led to this problem to define this as something that is not normal and not something we are going to do again. Mr. Hansley stated parts of the plans are to kill the weeds first, remove the rocks and then seed and fertilize for the grass. Mr. Hackworth stated he wished we had more leverage over the builder. Mrs. Riggs stated she would like to explore that more and we need to have more conversations with staff on this. Mr. Hackworth stated if we had a written plan that would be helpful. Mrs. Riggs stated she is concerned if we do this we are setting a precedent. Mr. Hackworth asked in the future if there was any way to enforce what developers promise. Mr. Schultz stated there could be some coordination between my department and the engineer. Mr. Hackworth moved to direct staff to prepare the proper legislation to authorize the City to utilize staff and staff resources and to appropriate funding in the not to exceed amount of $25,000 for the Windmiller pond project; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Hackworth, Mrs. Hammond and Mrs. Riggs voting "Yea." Motion passed, 3-0.

A. Diley Road Acquisition Update- Shawn Hillman

Mr. Hillman stated there are 104 total parcels to be acquired and of that 36 have been completed. He stated there are another 43 in the appraisal process that will be going into acquisition very soon and another 25 that are currently in negotiations. He further stated we are proceeding to still have the project cleared in December. Ms Frommer stated the MORPC funding has about $5 million for the right-of-way acquisition and utility relocation and of that we have a budget of a little over $2 million. She further stated that Phase 1 parcels are pretty well settled around $1.4 million in round figures and the Phase 2 estimate for right-of-way acquisition is around $735,000. She added that a lot of things can still change and this is just a snapshot of where we are today.

4. PLANNING AND ZONING

A. REPORTS:

(1) BZA Report- Mr. Schultz stated BZA had two items in August with one being approved and one being denied. He further stated there are two agenda items in September. Mr. Hackworth asked about the item that was denied. Mr. Schultz stated the structure was protruding four feet into the front yard setback so it was denied. He stated they had to take the foundation out and move the structure back.

(2) Planning and Zoning Representative Report- Mrs. Hammond stated the Commission approved landscaping and ground signs for Dr. Noll's professional building and also approved landscaping and lighting for the Sunoco on Hill Road. She further stated that they briefly discussed revisions to our sign and sidewalk code.

B. ACTION ITEMS:

(1) Review and request for motion to approve Rezoning and Preliminary Development Plan for approximately 11.023 acres from R4 (Residential) and C3 (Community Commercial) to PC-3 (Planned Community Commercial) at the northwest corner of SR 256 and Diley Road for a commercial development (JDC Real Estate Development, LLC, and PB Diley Road LLC) Mr. Schultz stated Planning & Zoning approved the rezoning and preliminary development plan in August. Mr. Schultz stated this parcel is divided into two zoning districts with the northern 8 acres being C3 and the southern 3 acres being R4. He stated they are planning to change the zoning to Planned Community Commercial District and on the 11 acres there will be one large outparcel. Mr. Schultz stated the developer is proposing three access points with a right- in only from S.R. 256 and right-in/right-out along Windmiller and full movement access along Old Diley Road. He further stated that staff recommends a right-in only from Windmiller Drive. He stated that Planning and Zoning Commission approved this with 14 conditions and the applicants are in agreement with all of the conditions except No. 3 and No. 5. He stated the applicants are recommending they widen the access road from Kroger to the main entrance on Old Diley Road to three lanes instead of putting money in escrow. Mr. Hackworth asked if there would be a dedicated right turn lane on southbound S.R. 256. Mr. Schultz answered they will construct a right hand turn lane onto Diley from S.R. 256 and also dedicate additional property for the future. Mr. Hackworth asked about the access that was abandoned where Diley Road used to come into S.R. 256. Mr. Schultz stated it would be vacated and half of it would go to that property owner and the other half would go to the Kroger property owner. Mr. Hackworth asked about the decision to make Windmiller a right-in. Mr. Schultz stated staff would like to keep it a right-in and if we did right-in/right-out we would need to discuss some kind of median. Mr. Hackworth stated we need to work on getting some kind of median in there to make sure people can't make a left turn. Mr. Hackworth moved to approve with the exception of the right in/right out and looking into a possible median to prevent left-in/left-out onto Windmiller; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Hackworth, Mrs. Riggs and Mrs. Hammond voting "Yea." Motion passed, 3-0.

C. Presentation regarding Development Process- Mr. Schultz gave a power point presentation to the Committee. (Attachment 2 to these minutes) Mr. Hackworth stated the reason he asked for this overview was because he had received complaints on how slow the process can be. He stated he would like to see the process more streamlined. Mr. Hansley stated the complaints we get are not only the time but the high costs of development and redevelopment. He further stated that we have no flexibility to approve something unless it meets those minimum standards. Mrs. Riggs asked if there could be a different process for smaller businesses versus the bigger developments. Mr. Schultz stated we would have to look at the code. Mr. Hansley stated when the attorneys look at that type of process they get concerned about fair treatment, and if you write something like that you have to be very careful. Mrs. Riggs asked if we have researched what processes are out there for communities our size? Mr. Schultz stated he could do some research. Ms Frommer stated something that has been suggested is if everything is approved on the preliminary plat it could be considered as the final plat so it would all be done in one plat process. Mr. Hansley stated there are ways we could even have the submittal process more streamlined. Mrs. Hammond stated it has been suggested by some of the people on the Planning and Zoning Commission, who deal with other cities, that we could do the final plat while we are doing the preliminary plat, maybe not in all cases, but in some. Mr. Hackworth stated he would like to find some way to sign off on some of the steps to streamline the process. Ms Frommer stated the easiest way to streamline is when the developer complies with your code, however, when we try to look at other options it takes more time. Ms Frommer stated that your meeting schedule is another issue because a lot of times Planning and Zoning Commission meets the same week as Service Committee and sometimes there is an entire month there. Mr. Hackworth asked if it would help if we changed our meetings with Finance. Mr. Hansley suggested a consent agenda if it meets things that staff has been allowed to approve in the past. Ms Frommer stated that once everything has been decided it would be helpful to get the communication out via the website. Mrs. Riggs stated that by spending the time fixing the code we may find it improves the process. She further suggested putting together a committee where we can get some input. Mrs. Hammond stated that we are currently working on updating the Commercial Design Guidelines that may solve some of the problems Mrs. Riggs suggested putting the cost information on the website. Mr. Hansley stated the problem when you put everything in writing is you have no flexibility to go beyond what you say. Mr. Hansley stated our code is designed for the bigger developers and maybe we can design some addendum to the code that deals with someone with fewer square feet. He further stated he would like staff to work on it and then report back to the Committee. Mr. Hackworth requested this item be left on the agenda.

5. SERVICE DEPARTMENT

A. REPORTS:

(1) Utility Fees Review Committee Representative Report Mr. Hackworth stated the Committee did not meet in August and we will probably have to meet soon to talk about some issues coming up.

B. ACTION ITEMS:

(1) Review and request for motion to approve draft ordinance approving the Violet Township Maintenance Building use of Fairfield County Water. Mr. Drobina stated he had not heard anything back on this. Mr. Hackworth requested this item be left on the agenda.

C. WATER UTILITY MAINTENANCE: No Report

D. WASTEWATER UTILITY MAINTENANCE: Mr. Drobina stated we have repaired the filter that had pulled sand through it.

E. STREET MAINTENANCE: No Report

F. STORM WATER UTILITY MAINTENANCE: No Report

G. TREE COMMISSION: Mr. Drobina stated we did not meet last night due to lack of a quorum.

6. ENGINEERING DEPARTMENT CAPITAL PROJECTS

A. WASTEWATER

(1) Wastewater Plant Expansion-Update Mr. Hackworth stated that he received a note from the City Manager that she has signed an agreement with Malcolm Pirnie and we should be getting a recommendation by November.

a. Review and request for motion to approve draft ordinance authorizing the City Manager to execute a modification of the original agreement for engineering services with Malcolm Pirnie for additional scope of services and funding request. Mr. Hackworth stated the limit was reached on the scope of services and this was for extra work out of the scope. Mrs. Riggs moved to approve the draft ordinance and send it to Council; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Hammond, Mr. Hackworth and Mrs. Riggs voting "Yea." Motion passed, 3-0.

(2) D-Line Interceptor Sewer Phase IIIB - Update Mr. Hackworth stated this item can be taken off the agenda.

B. TRANSPORTATION

(1) Diley Road Improvements Project- Ms Frommer stated we will be making a compliance submittal which is the very last step for the final tracings and you will be faced with some decisions shortly on acquisitions.

a. MORPC/ODOT Project - Update

b. Review and request for motion to approve draft ordinances approving the appropriation of temporary right-of-way easements from Lisa Y. Harper, Patrick and Penny Seaman, Alphonso and Marla Guice and Charlene Jackson Mr. Hackworth stated he wanted to keep Christopher Watson's separate because he has signed a contract with a home builder. He further stated that his house is a full take for $155,000. He stated he would like to send this on to Council and get three readings. Mr. Hackworth moved to approve the draft ordinance for Christopher Watson and forward to Council; Mrs. Riggs seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Hackworth and Mrs. Hammond voting "Yea." Motion passed, 3-0. Mr. Drobina stated we would like to add Charlene Jackson under this as well. Mrs. Hammond moved to approve four draft ordinances for temporary right-of-way easements and forward to Council; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Hammond, Mr. Hackworth and Mrs. Riggs voting "Yea." Motion passed, 3-0.

c. Review and request for motion to approve draft resolutions of intent to appropriate temporary construction easements from Angela McDowell, Rysard and Elzbieta Rejmisz, and 436 Diley Road LLC. Mr. Hackworth asked if we are still dealing with the Columbia Gas issue on the McDowell property. Ms Frommer stated the Columbia Gas issue is not resolved yet. Mr. Drobina stated that all three have an attorney and have basically told us to start with the appropriation. Mr. Hackworth moved to approve the three draft resolutions of intent and forward to Council; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Hackworth, Mrs. Hammond and Mrs. Riggs voting "Yea.". Motion passed, 3-0.

d. Review and request for motion to approve draft ordinance vacating 0.341 acres, more or less, of Old Diley Road located southwest of S.R. 256, and 0.685 acres, more or less, of Old Diley Road located south of Windmiller Drive, City of Pickerington, County of Fairfield, State of Ohio. Mr. Hackworth requested this item be left on the agenda.

(2) Cover/Ebright Connector

a. Pickerington Health Care Access Road - Update Ms VanCleave stated she talked to Dr. Bouni's attorney and Dr. Bouni would love to sell it to us, but there are other property owners who own that strip. She stated we are going to the courthouse to check those records.

(3) Traffic Signal Update Mr. Hackworth asked about video detection. Mr. Drobina stated we are going to be doing that on Columbus and Hill and the equipment will be arriving the week of September 22. Mrs. Hammond asked what the purpose of it was. Mr. Hackworth stated that it replaces the loops in the road and detects the traffic. Ms Frommer stated it is a similar concept to a motion detector. Mr. Drobina stated that we hope to have it completed by October.

(4) Review and discussion regarding PYAA/PASA site access- Ms VanCleave stated she met with Tony Long on site last week and they will be losing three fields with the improvement they are proposing, but it could be reconfigured. She stated that PYAA/PASA is going to set up a meeting with the City and other people in the area and try to come up with another solution. She further stated that a survey was sent out to see if people wanted the two organizations split and got an overwhelming response of no, because parents have kids in different games. Mr. Hackworth stated his opinion is to keep working with them.

C. WATER:

(1) Review and discussion regarding water tower options

Ms VanCleave stated we are trying to decide a probable location for the proposed water tower and staff is recommending the lot by CME Credit Union and it would just be big enough for the final product. Robert Shoaf with URS gave a presentation of the different models of water towers to the Committee. Ms VanCleave stated that something to think about with the Refugee Road Site is that area is going to be all commercial and will have higher flows. Mrs. Riggs stated she was having a difficult time from an aesthetic standpoint putting a water tower there. Ms VanCleave stated that some people also look at it as a way to advertise our City. Mr. Hansley stated other cities also use graphics or painting to make them blend in more, but that is probably the best site for the water system as a whole. Mr. Hackworth asked what kind of water pressure could be expected for the proposed hospital in Canal Winchester. Mr. Shoaf stated the water pressure would be higher because the ground there is considerably lower. He further stated the actual pressure of the system really won't affect the hospital from wherever that tank is. Mr. Hansley stated you are also trying to get the OEPA standard of above ground storage for your average daily flow of water. Ms Frommer stated keep in mind when you ask what are the tanks going to get us, you are also limited probably more so with the size of your water plant. She further stated the above ground storage helps ease the burden of the plant during a fire emergency. Mr. Hackworth asked how much above ground storage do we have now. Ms VanCleave stated right now we are at 1.9 and next year we are building the clear well which will take it to 2.3. Mr. Hackworth asked if staff was proposing Lot 1 on Refugee as the best location functionally. Mr. Shoaf stated that it didn't have to be at that exact location, it could be across the street, but that general location would be the best. Mr. Drobina stated staff feels that would be the best location as well and all we are looking for is general direction where the Committee would like to see it. Mr. Hackworth moved to approve the Refugee Road area as the location for a new water tower; Mrs. Hammond seconded the motion. Roll call was taken with Mrs. Riggs, Mrs. Hammond and Mr. Hackworth voting "Yea." Motion passed 3-0.

D. STORMWATER: No Report

7. CHAIRMAN: Mr. Hackworth stated he had an exchange of emails with Ms Frommer and Ms VanCleave about the S.R. 256 and I-70 interchange and we are still waiting for a phone call. Ms VanCleave stated it is on track and they are still moving forward. Mr. Hackworth stated he was on Florence and Pearl Lane yesterday when it was raining and the direction of the water was flowing toward the City under Pearl Lane and going into a catch basin. He stated he was under the impression that we were working on a plan to put a larger tile from at least Pearl Lane underneath to new Diley Road. He asked that we find out what size tile is supposed to go under that. Ms Frommer stated she will find out how that was handled.

8. OTHER BUSINESS:

Mr. Hansley stated he had one other item regarding the schools. He stated they have a class that is building a gazebo as a school project and we are requesting the building fee be waived. Mr. Schultz stated that Planning and Zoning Commission approved this project in May. Mr. Hackworth moved to waive the $300 building fee for the school's gazebo project; Mrs. Riggs seconded the motion. Roll call was taken with Mrs. Riggs, Mrs. Hammond and Mr. Hackworth voting "Yea." Motion passed, 3-0.

A. Review and discussion regarding draft 2007-2011 Capital Improvements Plan Ms VanCleave stated the only thing that differs from what was in the packet is we moved Hill Road Widening Phase II over one year to start in 2009 so it doesn't conflict with Phase I. Mr. Hackworth asked that they consider putting the project together into one. Ms VanCleave stated she also corrected mistakes in the detail sheets. Ms VanCleave stated that we upped the costs for resurfacing and we also took into consideration ADA requirements when we do that. Ms VanCleave stated there are two new projects for Borland and Church Street improvements and the Old Diley Road improvement. She stated in Olde Pickerington we will be bringing in curb and gutter to give it more of a facelift. Mr. Hackworth stated that we also need to address traffic flow in and out of downtown Pickerington. Ms VanCleave stated that we need to get moving on getting the OPWC Grant applications together by October 6th. Mr. Hackworth asked when we would know about it. Ms Frommer stated that we wouldn't know until late this year. Mr. Hackworth moved to make the OPWC Grant for the remainder of the Safety Grant; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Hackworth, Mrs. Riggs and Mrs. Hammond voting "Yea." Motion passed, 3-0.

Mr. Hackworth suggested keeping flexibility in the Old Diley Road extension project. Ms VanCleave asked the Committee to give any other suggestions to her by next week. Ms VanCleave stated as far as the water CIP, Ohio EPA asked us to add items based on the last water budget they did for us. Ms VanCleave stated we met with a paint representative for water tower cleaning and painting, and the tower on East Columbus Street is in need and will cost around $250,000 to do. Ms VanCleave stated there was one change on the DLine 2C because we had to take into account the pump and getting additional funds to move and install the pump. Ms VanCleave stated for Stormwater, SM07 got moved up because of George's Creek and their outlets onto Long Road and that will be the only one on track for next year. Mr. Hackworth suggested checking on where we are at on the short term fix of putting a bigger line on the north side of Long Road.

9. ADJOURNMENT There being nothing further, Mrs. Hammond moved to adjourn; Mr. Hackworth seconded the motion. Mr. Hackworth, Mrs. Hammond and Mrs. Riggs voted "Aye." Motion carried, 3-0. The Service Committee adjourned at 11:02 P.M., September 14, 2006.

RESPECTFULLY SUBMITTED:

Stacey L. Bashore, Deputy Municipal Clerk