SERVICE COMMITTEE OF COUNCIL
CITY HALL,
REGULAR MEETING
6:30 P.M.
1. ROLL CALL. Mr.
Wisniewski called the meeting to order at 6:30 P.M., with Mr. Wisniewski and
Mr. Sauer present. Mr. Fix was absent as
he was out of town. Others present
were: Lynda Yartin,
2. APPROVAL OF MINUTES OF May 19, 2010, Regular Meeting. Mr. Sauer moved to approve; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sauer and Mr. Wisniewski voting “Yea.” Motion passed, 2-0.
3. COMMUNITY COMMENTS: Mr. Wisniewski asked if anyone would like to address Service Committee at this time.
A. Mr. Terry Potts stated he is the
secretary of the Fairfield Square Condo Association and he felt most of the
people here tonight were present regarding the issue of their request that the
City take over
Mr.
Bachman reviewed the report he had provided to the Committee on
Mr.
Sauer inquired if our City code would require us to put in the sidewalk or
would that be up to
4. DEVELOPMENT:
A. Development Director’s Report. Ms Crotty stated she had provided a written report and she would be glad to answer any questions.
(1) Annexation – Update. Ms Crotty stated with regard to the
annexation, she was told the petition for the Eichhorn property would be filed
today, however she has not received confirmation that it was done. Ms Crotty stated she had also had
conversation with Joy Davis of
(2) Development Process – Update. Ms Crotty stated she had no update this evening.
(3) Economic Development Marketing Plan – Update. Ms Crotty stated she has been working on this and making a lot of good progress, however, she did not have it ready for tonight’s meeting. She stated she has been putting together a strategy and talking about some ideas for us to do some outreach to developers, business owners, etc. She stated she would be meeting with a printer next week for some print materials and she would be meeting with our web developer for some enhancements to the web site. Ms Crotty stated she had also met with a company who provides a service where we could link to a property database so people can search and see what properties are available, but there are also a lot of tools that go along with that which would allow us to do some research on what is available in the area and also to reach out to a perspective client. She stated she hoped to have some estimates on these costs by the next Finance Committee.
(4) Business Retention Project – Update. There was no further update.
(5)
(6) Implementation of the
B. Review and request for motion to
approve draft ordinance adopting a Professional Office User Development
Policy. Ms Crotty stated the Committee
had received a draft ordinance and police for the professional office incentive
program. She stated the ordinance would
establish the program and set some parameters for it, and a draft policy is
attached to the ordinance. Ms Crotty
stated she was a bit concerned about the limit on the new business attraction
in the targeted industries because there may be some professional offices we
would want to work with and bring to the community, but they may not reach that
$1,000,000 payroll. Ms Crotty stated
this could be left as is but it might be more reasonable to set that limit at
$500,000. Mr. Wisniewski stated he felt
this was something that Ms Crotty have the ability to work with and he agreed
the $1,000,000 was probably based off the targets in our impact fee
ordinance. Ms Crotty stated that is a
target that is used in a lot of programs, but she felt for a lot of the offices
we might be targeting it might be a little high for some smaller users while it
would be okay for a corporate headquarters or existing business expansion. Ms Crotty stated each agreement would be
negotiated with each perspective office user and it would go before
5. PLANNING AND ZONING DEPARTMENT:
A. Planning and Zoning Director’s Report. Mr. Schultz stated he had provided a written report and would be happy to try to answer any questions.
(1) Planning and Zoning Representative Report (Mr. Sauer) Mr. Sauer stated he had no report.
B. ACTION ITEMS:
(1) Review and request for motion to approve
draft ordinance amending Chapters 1276.10 Accessory and Conditional Uses,
Chapter 1286.15, Day Care Regulations, and Appendix I; Table 1 Permitted Uses
(P), Accessory Uses (A) and Conditional Uses (C) Regulations and to schedule a
Public Hearing for Tuesday, July 20, 2010 at 7:10 P.M. Mr. Schultz stated our Code allows day care
as a conditional in all residential districts except for R-6. He stated the church on
(2) Review and request for motion to approve
draft ordinance amending Chapter 1292.09, Olde
Downtown Pickerington Village Area Portable (Sandwich Board) Sign Regulations
and to schedule a Public Hearing for Tuesday, July 20, 2010 at 7:20 P.M. Mr. Schultz stated the Olde
Pickerington Village Business Association met with Ms Crotty and requested some
revisions to our sandwich board sign regulations, and the Planning and Zoning
Commission held a work session in April and also suggested some revisions. Mr. Schultz stated the substantive revision
is that instead of all the sandwich board signs going before the Planning and
Zoning Commission for approval, staff would approve them administratively if
they meet the established criteria. Mr.
Schultz stated in 2004 Planning and Zoning Commission established criteria for
these signs. Mr. Wisniewski clarified
this was strictly for the old downtown area and questioned why this would be
only for the old downtown versus being city-wide. Mr. Schultz stated in 2004 we had several
establishments putting these signs out on the sidewalks and it was getting out
of hand; they were putting them at the corner of Columbus and Center Streets
and were fighting over that corner each day so Planning and Zoning Commission
decided to establish standards. Mr.
Wisniewski stated then there were no standards for anywhere else in the City,
they can just put them out. Mr. Schultz
stated we do not allow those signs anywhere else. Mr. Schultz stated at that time it was
determined it made sense to allow these signs in the old downtown area, but
only if they met certain criteria. Mr.
Wisniewski stated he did not feel this should be limited to the downtown only
and if we are going to allow sandwich boards in one area of the City we should
allow them in other areas as well. He
stated he would like to see the legislation include that language. Mr. Schultz stated we could include that in
this legislation or we could amend our sign code to allow it. Mr. Schultz stated this legislation is for
the downtown area only and if we are going to allow it throughout the City we
would have to revise other portions of the sign code. Mr. Wisniewski stated there is no rush on
this and Mr. Schultz could come back later with the appropriate legislation to
cover the rest of the City. Mr. Schultz
stated to clarify, he understood the Committee was going to move this forward
tonight and then consider legislation in the future that would allow these
sandwich board signs in other areas of the City. He stated if we allow the signs throughout
the City that will be liberalizing the zoning code and it will take some time
to research and see what other revisions would be required throughout the Code
to allow that. Mr. Wisniewski stated
before coming back with legislation for other areas perhaps this should be
considered by Planning and Zoning Commission.
Mr. Schultz stated he thought it would make sense to address this at
Planning and Zoning because they approved the original standards. Mr. Sauer stated if we approve this we can
see how it goes in the downtown area.
Mr. Schultz stated most of the businesses outside of the downtown are
set back from the road so they really don’t have signs out on the public
sidewalks. Mr. Wisniewski stated then
that was why this was for the old downtown area only, they don’t have the place
for signage that areas have. Mr. Schultz
stated that was correct and because of the historic character. Mr. Wisniewski stated after Planning and
Zoning reviews this if they determine there should be further legislation Mr.
Schultz can bring that back to this Committee.
Mr. Wisniewski moved to approve
the draft legislation and forward it to
6. SERVICE DEPARTMENT
A. REPORTS:
(1) Service Manager’s Report. Mr. Drobina stated he had provided a written
report and he would be happy to answer any questions. Mr. Wisniewski clarified the tree trimming
was contracted out and this year we were doing part of
B. WASTEWATER
(1) Wastewater Plant Expansion – Update. Mr. Drobina stated Kerry Hogan and Brian Benedict of URS are present this evening to address the issue of the $19,000 increase request. Mr. Kerry Hogan stated the original contract completion dates were May 13th for substantial completion and final completion on June 12th of this year. He stated the contract has since been or will soon be extended to June 15th for substantial completion and July 15th for final completion. He stated at the last progress meeting the contractor stated the substantial completion date will be July 26th and final completion by August 10th. Mr. Hogan stated that would be almost a month last on the final completion date. He stated further he would like to point out that the liquidated damages clause in the construction contract is $1,000 per day and that applies only to the final completion date. Mr. Hogan stated he and Mr. Benedict have been working with the contractor to ensure that he stays on this revised schedule and they are a little concerned that he still will not meet the August 10th date because there is still quite a bit of work that needs to be done to meet that date. Mr. Hogan stated they had made a request to Mr. Drobina for additional budget for construction administration and he had provided a summary of the contract administration hours and costs through the end of May to the Committee. He stated they have used about 105 percent of the budgeted hours, but only 93 percent of the budget has been used. He stated he would point out that the screen and grit redesign was not in their contract to begin with and they did that redesign as part of an agreement with the City at the time. He stated they estimated that at $40,000 and it actually cost $33,863. He stated they had an agreement at the time that they would use their construction administration budget to do that work and they would not request any reimbursement for that unless they needed it at the end of the contract. He stated that was the reason they were here tonight. Mr. Wisniewski inquired why the actual hours were so much higher than what was budget and Mr. Hogan stated they had budgeted it based on electrical engineers working on it, mechanical, structural and all different classifications of personnel. He stated as it turned out there may have been a less expensive mechanical engineer working on it so the cost was less, but there were a lot more submittals than they initially estimated so the hours are higher but the costs are less. Mr. Hogan stated if the project were to finish at the end of June they would be right on budget, but as the contractor keeps sliding the schedule it is costing more money for them to address the contractor issues as well as provide inspection on-site. He stated through the end of July they are estimating it to be about $19,000 over. Mr. Wisniewski stated if that is through the end of July and they are now talking about August, when would they be coming back again. Mr. Hogan stated at the time he had sent the request to Mr. Drobina, the contractor was estimating he would be done in July, but once we had the last meeting the contractor was pushing the schedule to August. Mr. Hogan stated the next progress meeting is scheduled in three weeks and for all they knew the schedule could be pushed again. Mr. Hogan stated the reason he had addressed liquidated damages is because this Committee needs to decide if they want to assess liquidated damages. He stated that is in the contract to pay for any costs the City incurs because the contractor was late. He further stated that is not just engineering costs, it is also legal and any other costs you incur. He stated you need to assess that against the contractor to recover any of your costs. Mr. Wisniewski stated he felt we should exercise that clause in the contract. Mr. Drobina clarified that in order to do that we need to send the contractor a letter of intent. Mr. Hogan stated he would be pleased to do that but first he would like the City law director to look at the contract and the draft letter and make sure that everything is okay because contractors will typically oppose that and may file a claim against the City. He stated that is why he would like the law director to take a closer look at it. Mrs. Sanders clarified the liquidated damages would go back to any approved completion date, which is July 15th. He stated if there is an approved extension beyond July 15th, then that would be the date to go on. Mr. Bachman stated for liquidated damages one of the difficulties is if the contractor can prove that equipment that he ordered was late in coming you would have a tough time, legally, if it was nothing that the contractor could control. Mr. Bachman stated that would be a concern of his. Mr. Benedict stated they have had some issues recently with some of the influent pump stations that were being manufactured that we are working through right now. He stated typically contractors will work with you to try and not get liquidated damages because when they go for another contract and are asked if they have ever had liquidated damages they want to say no they have not. Mr. Benedict stated they would do whatever they can to keep that from happening. Mr. Bachman stated he would agree that the threat of liquidated damages does tend to move the contractor along a little better. Mr. Wisniewski asked Mr. Drobina and Mr. Bachman to work with the law director and find out what we can and cannot do from that perspective and if they are willing to pick up the associated costs because of the delayed schedule in lieu of the liquidated damages he would be willing to consider that. Mr. Hogan stated if the Committee would like to wait until the job is completely done and they have the final numbers they would be willing to do that. He stated their notice to Mr. Drobina was to let him know that this was happening, that this was coming and to make him aware of it. He stated he would be glad to come back in two months and let the Committee know where it stands. Mr. Wisniewski stated that would be the preference of this Committee.
a. TDS – Update. Mr. Bachman stated we have a short list of
three consultants to get a statement of qualifications, URS, Burgess and Niple, and AECOM. He
stated the proposals are due in at the end of the month. Mr. Bachman stated he had received an e-mail
from EPA stating that the TDS problem is getting more national interest and
C. WATER.
(1) Review and request for motion to approve
draft ordinance authorizing the City Manager to execute an agreement with the
Board of Directors of condominium associations regarding utility billing rates.
Mr. Drobina stated our attorney did prepare a generic agreement that could be
entered into with each condominium association that approached the City and
asked for it. Mr. Wisniewski clarified
that the condominium association would still be responsible for the bill and we
did include a termination clause. Mr.
Drobina stated as requested he had contacted all of the associations that he
had contact information on and had provided them a copy of the agreement in
case they had questions or concerns. Mr.
Barletta stated he noticed in Sections 1 and 2 of the agreement we list actual
fees and he thought we should refer to “minimum fee” or whatever and not put
the actual dollar amount in because we could change our fees. Mr. Wisniewski stated he agreed with Mr.
Barletta on that issue. Mr. Drobina
stated he would have our law director reword those sections. Mr.
Wisniewski moved to approve and forward to
7. ENGINEERING DEPARTMENT
A. Engineer’s Report. Mr. Bachman stated he had provided a written report and would be happy to answer any questions.
B. ACTION ITEMS:
(1) Water Master Plan and Sewer Master Plan - Update. Mr. Bachman stated these projects are progressing.
a. S.R. 256 Safety Improvement Project -
Update. Mr. Bachman stated he took
radar readings on S.R. 256 and the median speed on S.R. 256 on the section from
S.R. 204 to
b. Improvement Options for Long Road from
(2) Review discussion regarding
C. TRANSPORTATION
(1) Review and discussion regarding ODOT controlled traffic signals. Mr. Bachman stated he had received some information from ODOT on this issue. He stated there has been a lot of turnover in the District in the past year, and it they are not sure where the money in the budget is for the ACS light. He stated they are trying to find that out from Central Office, so as soon as they find out they will contact him.
(2) School Speed Zone Study – Update. Mr. Bachman stated he has not been able to begin this study as yet, but he hoped to have something to report next month.
8. CHAIRMAN. Mr. Wisniewski stated he had nothing to bring forward.
9. OTHER BUSINESS:
A. Mr.
Sauer stated when he was driving on
10. ADJOURNMENT. There being nothing further, Mr. Wisniewski moved to adjourn; Mr. Sauer seconded the motion. Mr. Wisniewski and Mr. Sauer voted “Aye.” Motion carried, 2-0. The Service Committee adjourned at 7:55 P.M., June 16, 2010.
RESPECTFULLY SUBMITTED:
________________________________
Lynda D. Yartin, Municipal Clerk