SERVICE COMMITTEE OF COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

WEDNESDAY, OCTOBER 20, 2010

REGULAR MEETING

6:30 P.M.

1. ROLL CALL. Mr. Fix called the meeting to order at 6:30 P.M., with Mr. Fix and Mr. Sauer present. Mr. Wisniewski arrived at 6:33 P.M... Others present were: Bill Vance, Lynda Yartin, Mayor O’Brien, Ed Drobina, Greg Bachman, Susan Crotty, Tony Barletta, Cristie Hammond, Jim Kopp, Alan Trickle, Larkin Dotson, Tom Hedges, Kathy Smith, Brian Benedict, Alexa Liebert, and others.

2. APPROVAL OF MINUTES OF September 22, 2010, Regular Meeting. Mr. Sauer moved to approve; Mr. Fix seconded the motion. Roll call was taken with Mr. Sauer and Mr. Fix voting “Yea.” Motion passed, 2-0.

3. COMMUNITY COMMENTS:

A. Kathy Smith. Ms Smith stated she was coming in to see if there was any update on the Postage Drive issue that was presented to this Committee several months back. Mr. Vance stated the City continues to understand that we will assume maintenance responsibilities, and that is on-going, we will maintain the road this winter and we are leaning toward ownership proposals to Council after the first of the year. Mr. Vance stated everything seems to be on schedule with this issue.

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 since she had submitted her written report the survey for the annexation was completed and the petition should be filed again soon. Ms Crotty stated it will still take 90 to 100 days to complete the process.

(2) Development Process – Update. Ms Crotty stated she had no update this evening.

(3) Economic Development Marketing Plan – Update. Ms Crotty stated she continues to move forward with the marketing plan.

(4) Business Retention Project – Update. Ms Crotty stated she has received some assistance this week from some existing staff to start creating the business data base, and this will help her with her outreach and business retention and expansion program.

(5) Long Range Economic Development Plan – Update. Ms Crotty stated she had provided the Committee with a work plan for the next six months and she has tried to wrap this in with priorities over the next six months. Mr. Fix stated in reviewing the work plan he would like to know what success would look like for each one of these items over the next six months. Ms Crotty stated she would include that information.

Mr. Sauer clarified that the Housing Council was a requirement of the Ohio Revised Code, and they would meet on an annual basis to review abatements that have been granted in the CRA. Ms Crotty stated the legislation on Council floor regarding the CRA expansion designates the Housing Officer and it will be her responsibility to go out and survey to make sure the properties should still be receiving the abatement. Mr. Sauer further clarified that in the work plan under Impact Fee Review Ms Crotty would like to review the definition for Commercial. Ms Crotty stated the way our current legislation is written we have included medical offices, hospitals, and all the medical uses under commercial. She stated she felt those should fit in the office/institutional category and she would like to review those definitions. Mr. Wisniewski stated he had noticed we still use the description “rural” in several places and questioned if that should not be changed as we are not necessarily a rural community anymore. Ms Crotty stated that has been included because in the past our zoning codes were written to protect that “rural character” and she thought it was our intent to preserve that. She stated, however, perhaps we can find a different word to use that really reflects the community now. Mr. Fix stated he agreed with Mr. Wisniewski and this might be a discussion to have in the Planning and Zoning Commission as they are the committee that enforces that throughout the city. Mr. Sauer stated he knew what “business attraction” was in concept, but in order to add the money to the budget he would like to know what Ms Crotty actually anticipated using that money for. Ms Crotty stated she has spoken to some consultants who would come in and put together a plan for us and we could get some input from a third party professional to help on a plan to reach our target market. Mr. Wisniewski stated with regard to the Equity development and their TIF, he understood they had approached Ms Crotty to see if the City would be open to more retail and he wondered if there was something specific they had in mind of bringing into that area. Ms Crotty stated they had not indicated there was someone in particular that was interested, just that they thought they would be able to turn it around more quickly if they were to pursue more retail. Ms Crotty stated she has not spoken to them recently, but she would follow-up to see if they have anything in mind. Mr. Wisniewski stated if there are any issues regarding that property or if they have a proposal, he would like to hear about it and not just close the door on any potential development there. Mr. Vance stated he felt we should add some outreach in relation to our regional developers that we know of who have done business in the city in the not to distant past and set up meetings to sit down with them and talk about their experience and get an understanding as to what they would like to potentially pursue in this area in the future and make sure we are on the same page as far as how they will be treated next time we have an opportunity to work with them. Mr. Sauer stated he felt that was a good idea.

(6) Implementation of the Diley Road Corridor Plan – Update. Ms Crotty stated she had no update this evening.

5. PLANNING AND ZONING DEPARTMENT:

A. Planning and Zoning Director’s Report. Ms Crotty stated a written report had been provided and she would answer any questions. Ms Crotty stated the Planning and Zoning Commission had discussed several items regarding the Raising Cane’s project.

(1) Planning and Zoning Representative Report (Mr. Sauer) Mr. Sauer stated Planning and Zoning Commission had a lengthy discussion regarding access on the Raising Cane site. Mr. Bachman stated this would give the Hoffman Insurance agency and the other offices an exit onto Stonecreek so they could access the traffic signal.

B. ACTION ITEMS:

(1) Review and request for motion to approve draft ordinance amending subsection 1286.4(b) of the Pickerington Codified Ordinances entitled “Outdoor Service Facility Regulations.” Ms Crotty stated Planning and Zoning Commission has had discussion on this issue for several months and this legislation would prohibit temporary or removable side curtains or any temporary or seasonal design elements made from canvas, plastic, vinyl, or other similar materials. Ms Crotty stated further there was not a unanimous vote on this, but the majority did support prohibiting the use of plastic or vinyl for side curtains. Mr. Sauer stated his view was that there were ways to do the side curtains to lessen the impact on the view from the road. He stated he understood the concern about the smoking regulations in enclosed spaces outside, but he felt the enforcement of that was the State of Ohio’s responsibility. Mr. Sauer stated in terms of what a business does with its own private property with regard to the vinyl, he felt there were was to codify it to make sure they comply with the look we want down the corridor, and he did not see the point of putting a restriction on a business or preventing them from being able to utilize that space the part of the season they want to. Mr. Fix clarified the reason for wanting to prohibit these was for both aesthetic and safety reasons. Mr. Sauer stated he felt smoking was a major concern for a number of members of the Planning and Zoning Commission, and they had also seen some that were put up, without approval, and then coming in after the fact requesting approval. Mr. Fix stated he did not understand whey we would want to unreasonably limit the ability of a business owner to use all the square footage they have at their disposal. He stated obviously we did not want ugly plastic barriers, but at the same time some businesses rely on that extra space during the winter season to take care of their customers who smoke, to seat people, or whatever, and he did not see why we would want to limit that. Mr. Sauer stated he felt that was part of the problem, through everything the Commission saw they could not find something that a majority could agree on. Mayor O’Brien stated if he recalled Pizza Cottage built an area specifically for outdoor dining, but they put off requesting approval of the side curtains pending what the City was going to do. Mr. Sauer stated Pizza Cottage worked very well with the City and they were the closest scenario to what a majority could come to an agreement on with regard to side curtains. Mayor O’Brien inquired if Planning and Zoning Commission members should come in and address the Committee and Mr. Wisniewski stated he felt this should be moved forward and they could come and address Council. Mr. Fix stated he agreed it should be heard by all of Council. Mr. Wisniewski moved to approve and forward to Council; Mr. Sauer seconded the motion. Roll call was taken with Mr. Fix and Mr. Sauer voting “Nay,” and Mr. Wisniewski voting “Yea.” Motion failed, 1-2. Mrs. Yartin stated this legislation would be forwarded to Council as not recommended by Committee.

(2) Refugee Road Study – Update. Ms Crotty stated we have made some progress and staff has met and discussed future land uses and Mr. Henderson has completed the mapping on that. She stated she has not determined how she is going to wrap up the project at this point because staff has the expertise to complete it, it is just a matter of finding the time to write the plan. She stated she would find a way to get it wrapped up as quickly as possible.

6. SERVICE DEPARTMENT

A. Service Manager’s Report. Mr. Drobina stated he had provided a written report and he would answer any questions. Mr. Fix clarified that the City has taken out some trees in Melrose and they will be replaced next spring. Mr. Wisniewski further stated that there are several sections against the curb on Diley Road where it looks like part has been replaced and it is not smooth like the rest of the pavement and now there are weeds and grass growing along that. Mr. Drobina stated that was designed that way and is a pervious surface so water runs down the curb and filters through that into the catch basin. Mr. Drobina stated those will be a maintenance issue because we will have to dig those out and replace the filter media, however, it was required by ODOT.

Mr. Drobina stated Ryan Homes is requesting a deduct meter for their model home, and in 2005 we passed an ordinance where all commercial deduct meters must be approved by Service Committee. Mr. Drobina stated he had checked and this was just for watering the lawn at their model home. Mr. Drobina stated he would recommend approval of this request because it was just for the model home and is not for watering the landscaping at the entrance or anything like that. Mr. Sauer clarified that a deduct meter meters the water that is going to the outside of the home and not going down the sanitary sewer. Mr. Sauer further clarified that the cost of installing this meter would be the responsibility of the property owner. Mr. Wisniewski moved to approve the deduct meter request of Ryan Homes; Mr. Fix seconded the motion. Roll call was taken with Mr. Sauer, Mr. Fix, and Mr. Wisniewski voting “Yea.” Motion passed, 3-0.

B. WASTEWATER

(1) Wastewater Plant Expansion – Update. Mr. Drobina stated he had no update this evening.

a. TDS – Update. No report.

b. URS Final Inspection/Engineering Costs. Mr. Drobina stated Mr. Brian Benedict of URS is present this evening to address the final costs of the wastewater plant. Mr. Benedict stated the Committee had been provided a spread sheet showing their costs for construction administration and inspection to finish up the job, barring any unforeseen circumstances. Mr. Benedict stated they had discussed the liquidated damages with the contractor as they went over 45 days and it was $1,000 per calendar day so there was a $45,000 assessment in the contract although they are typically held to the actual damages. He stated the actual damages the City would have experienced would be $42,528. Mr. Fix stated then we will get the $42,528 from the contractor, and questioned how that would be done. Mr. Benedict stated URS would prepare a change order and send it to the contractor with a letter and unless they contest it, they will sign the change order and send it through. Mr. Benedict stated he had spoken with the contractor today and he understands that they don’t have much to complain about because they clearly went over the contract and we were fair with them as far as ending the contract on the day when they were done. Mr. Benedict stated he is fairly confident the contractor will not have any problems with this. Mr. Vance stated essentially the liquidated damages will cover the amount over budget, and Mr. Benedict stated that was correct. Mr. Benedict stated they are requesting to extend their contract amount by $42,528. Mr. Benedict stated they would do this with a deducted change order against his contract and since the money is coming from OWDA, it would essentially move that money from one column to another. Mr. Benedict stated they could prepare that or the city’s law director could do it. Mr. Vance stated if Service Committee agreed, then he would ask for their support for the Manager to coordinate with the Law Director to finalize this last payment. Mr. Fix moved to authorize the City Manager to coordinate with the Law Director to finalize the last payment as discussed; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Sauer, and Mr. Fix voting “Yea.” Motion passed, 3-0.

C. WATER. No report.

7. ENGINEERING DEPARTMENT

A. Engineer’s Report. Mr. Bachman stated he had provided a written report and would be happy to answer any questions. Mr. Bachman stated URS has completed a pilot study for a pre-filter before the reverse-osmosis and it went very well with good results. Mr. Bachman stated he has drafted a letter to the EPA to request a temporary waiver of the TDS limits at the wastewater treatment plant and if we receive this waiver Mr. Drobina will go back to softening water to 120 or 130 as he was in the past rather than the 200 he is leaving it at now. Mr. Wisniewski stated he had seen something where there would be an additional cost of $125,000 for this filter. Mr. Drobina stated we would take our existing four softeners and take the media out and put filter media in them and that would filter contaminants out of the water before it goes to the membranes. He stated we would actually then be filtering the water twice before it hits the membranes. Mr. Wisniewski questioned why we would want to do this and Mr. Drobina stated it was his understanding this would reduce the amount of times you have to clean the membranes and would extend the life of the membranes. Mr. Wisniewski inquired if this new filter would reduce the TDS by itself to some extent, and Mr. Bachman stated it would not. Mr. Bachman stated a study shows the RO membranes would have to be replaced every five years and it is costly to replace them. He stated if we pre-filter we hope to not have to replace them as often. Mr. Fix stated he would like to know what our return on this investment would be; if we spent $125,000 on this when would we get our money back. Mr. Bachman stated that is one of the things he is working on right now. Mr. Wisniewski stated he would like to know how often we would have to replace this additional filter as well. Mr. Bachman stated he would have that information by next month.

Mr. Bachman stated the water tower construction is moving along and they should be done with the steel erection by the end of this month or early in November. He stated they would finish welding it in November and wrap up for the season. Mr. Bachman stated the street resurfacing was moving along quickly and should be completed soon.

B. ACTION ITEMS:

(1) Water Master Plan and Sewer Master Plan - Update. Mr. Bachman stated the consultants are doing the last modeling on these projects and one thing we have asked them to do is to prioritize projects we would need for our CIP.

a. S.R. 256 Safety Improvement Project - Update. Mr. Bachman stated he attended a conference the past two days and he had spoken with most everyone at ODOT that he would need to get approval from on this project and they are all very aware of what we are working toward.

(2) Review request for motion to accept a right-of-way easement from Spitfire 53, LLC. Mr. Bachman stated this is the salon at 108 Hill Road, and they are giving us a ten foot wide right-of-way on Hill Road and a five foot wide right-of-way strip on Borland. He stated this is not to do anything with today, but right now on Hill Road on either side of the road is only a 20-foot right-of-way and this would give us ten more feet if in the future we would want to do a southbound left turn onto Borland we would have the room to do that. He stated this was for future flexibility. Mr. Wisniewski moved to approve and forward to Council; Mr. Fix seconded the motion. Roll call was taken with Mr. Fix, Mr. Wisniewski, and Mr. Sauer voting “Yea.” Motion passed, 3-0.

(3) Review and request for motion to accept sidewalk easement and storm water management inspection and maintenance agreement with Pizza Cottage. Mr. Bachman stated this was the same as the previous and would give the City some flexibility particularly if we were to widen Hill Road in the future. Mr. Fix moved to approve and forward to Council; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sauer, Mr. Wisniewski, and Mr. Fix voting “Yea.” Motion passed, 3-0.

C. TRANSPORTATION

(1) Review and discussion regarding ODOT controlled traffic signals. Mr. Bachman stated ODOT is initiating a study and taking new traffic counts for the signals that they control on S.R. 256 at I-70, and ACS light will be a part of that study. Mr. Wisniewski stated whatever ODOT is doing at the light at Marcus is not working with the timing and getting through there, etc. Mr. Wisniewski inquired what it would cost for us to take that light and add ACS on our current system. Mr. Bachman stated he would have to get an estimate of the cost for that. Mr. Bachman stated the light at Marcus is not timed with the one at Stonecreek and that is a problem. Mr. Wisniewski stated if we could get that one back and get it on our ACS system, then as soon as you could get through the S.R. 204 intersection you would be on a smoother path getting down S.R. 256 than it is now. Mr. Bachman stated further that we have been notified that federal highway would like to do some work with us on our ACS light system and study our system a little more and give us some feedback on our system. He stated they wanted to use it as a national model and that would help us tweak our system.

(2) School Speed Zone Study – Update. Mr. Bachman stated he had no report on this issue and he would be getting to it this winter. Mr. Wisniewski stated no matter what time of day it is, it seems no-one slows down on Diley Road. He stated he doesn’t know what the restricted hours are, would it be when the kids are walking to and from school, when the busses are on the road, or during certain hours, because it is not clear.

8. CHAIRMAN.

A. Update on proposed solar panel project at the water treatment plant. Mr. Vance stated after discussion at the last Service Committee he had looked at the proposed letter of intent from the contractor and he felt it obligated the City to much to their financial investment prior to coming up with a final deal with the City. He stated he had put together a general letter of interest and a recommendation for a contract proposal. He stated he has not received any specifics to bring back to Committee as yet, but he would be meeting with the contractor and looking at the draft agreement. Mr. Wisniewski requested Mr. Vance also check into any agreement we may have with South Central Power because they are not a power company, they are a power cooperative, and there are specific rules associated with adding your own electrical type devices to the grid. He stated he just wanted to make sure we are in compliance with that. Mrs. Hammond stated she was also concerned if our Code would allow for these panels. Mr. Vance stated Planning and Zoning Commission had briefly discussed the possibility of this type of request in the future and he had informed them that the City might be one of the first applicants for something like this. Mr. Sauer stated one Planning and Zoning Commission member had brought this up and the necessity of crafting some policy for the City and how we would handle this type of request.

9. OTHER BUSINESS:

A. Mayor O’Brien stated Mr. Bachman may want to research the records and look for traffic planning that was done for the old village which included Borland as a one-way street. He stated there were some reconfigurations of traffic patterns in the old village to try to deal with the lack of other connectivity and that might be something Mr. Bachman would be interested in looking at.

10. ADJOURNMENT. There being nothing further, Mr. Fix moved to adjourn; Mr. Wisniewski seconded the motion. Mr. Wisniewski, Mr. Sauer and Mr. Fix voted “Aye.” Motion carried, 3-0. The Service Committee adjourned at 7:40 P.M., October 20, 2010.

RESPECTFULLY SUBMITTED:

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Lynda D. Yartin, Municipal Clerk