WAPAKONETA CITY COUNCIL MAY 18, 2015

President Pro Tem Bonnie Wurst called the meeting to order at 7:30pm on May 18, 2015 at 701 Parlette Court with the following members present: Jim Neumeier, Daniel E. Lee, Bonnie Wurst, Chad Doll, Randy Fisher, Rachel Barber and Dan Graf. Also present were Mayor Rodney Metz, Service Director Bill Rains and Law Director Dennis Faller. There were 7 visitors present. President Steve Henderson was absent.

Motion by Fisher, second by Lee to approve the minutes of the May 4, 2015 Council Meeting as submitted. Vote – 7 yeas, 0 nays.

Lands & Buildings Committee – a meeting was held on 05-14-2015 and the following was discussed: The meeting began at approximately 3:35 p.m. with a discussion of the Gibson Property, 404 West Auglaize Street, Wapakoneta, which the City is purchasing. According to the agreement developed between the Gibsons and the City, they will be out of the house by June 30. According to Metz, taps from the Gibsons' property into Skinner Run will be removed. The Palmers and Heffners have the option of retaining their tap-ins to Skinner Run or tying into the new system on Auglaize Street. The City will work with the property owners on the appropriate siting of new ties to tap in. There are 7 tap-ins to Skinner Run; the source for 4 of these have been identified. Kim Palmer asked about the potential for leaching from Skinner Run. Metz responded that leaching only occurs when Skinner Run is pressurized, the potential for which will be reduced dramatically by the current reconstruction project. The gas lines to Gibsons' House will be capped at the curb after they have been moved. Electrical service is currently overhead, and will also be removed after they have moved. The committee discussed the disposition of the house and garage on the property. It first considered the possibility of moving the house. It was revealed that mold has been an ongoing issue on the west exterior wall. It was also noted that a large addition was made to the rear of the building that would reduce the potential for being moved efficiently. Barber expressed concern that knowing the level and type of contaminants the house has absorbed because of the ongoing sewer situation is probably impossible, and that a future owner might try to ascribe liability to the City should health issues ever arise. Metz noted that the contents of the house on Harrison Street that the City purchased will be sold at a salvage auction. After some discussion, Graf made a motion, seconded by Doll, to recommend that the contents of 404 West Auglaize Street (building parts and pieces) be made available to sell as salvage. The motion passed unanimously. The committee, the Palmers, and Heffner then discussed the disposition of the lot itself. Heffner expressed the hope that he could use the garage (at 404). Barber then introduced the idea that the City give the property to the adjacent neighbors, with a very clearly and specifically-worded easement so that the City retains permanent access to Skinner Run and other utilities. The adjacent landowners would assume all maintenance responsibilities, and would be able to landscape (as long as such landscaping did not affect access to the land subject to easement). Doing so would eliminate permanent maintenance responsibility from the City. After extensive discussion, Graf made motion that the committee recommend that, pending a survey of the land, the property at 404 West Auglaize Street be split between the adjacent property owners, with the City of Wapakoneta retaining permanent easement for utilities. Doll seconded the motion. The motion passed unanimously. Height of Pools—The Engineering Department brought this issue to the committee, but it had previously been placed in the Health and Safety committee. Barber will bring this issue back to the attention of the latter. Signs—The Committee then spent significant time discussing the definition of signs, pursuant to the conflicting definitions in our current code. Ruck had been asked to contact Paul Culter (whose firm had helped us develop our comprehensive plan), about sign definitions:

From: Culter, Paul [mailto:[email protected]] Sent: Friday, April 10, 2015 10:21 AM To: Mary Ruck Subject: RE: Hi Mary I’m assuming you’re looking for definitions. Here are a few from other communities: City of Cincinnati – Types of “Ground Signs” · Freestanding Sign. The freestanding sign type is a permanently affixed sign which is wholly independent of a building for support and is attached along its entire width to a continuous pedestal. · Landscape Wall Sign. This sign type is attached to freestanding walls and is often used to mark a place of significance or the entrance to a location. · Pole/Monument Sign. This sign type encompasses a variety of signs that are not attached to a building and have an integral support structure. Two varieties include: Pole/Monument and Pole. This sign type also includes scoreboards. Reading, Ohio Sign, Ground - A freestanding sign which has a supporting base designed as an integral part of the sign resting totally or primarily on the ground. Vandalia, Ohio "Freestanding sign" means a sign supported upon the ground by poles or braces and not attached to any building. Hudson, Ohio Sign, Ground shall mean a sign placed upon or close to the ground and not attached to any building. Loveland, Ohio · Sign, Freestanding. A freestanding sign is any permanent sign not attached to a building. This shall include signs attached to poles and signs attached directly to the ground. · Sign, Ground Mounted. A ground mounted sign is any freestanding sign, other than a pole mounted sign, independently supported by the ground or mounted on a decorative wall or fence. Hope these help. Paul Paul Culter, AICP | JACOBS | Advance Planning Group| 513.595.7910 office | 513.595.7939 fax | 513.405.1044 cell

The committee ultimately decided that all present would conduct some field work, spotting, measuring, and photographing signs, to help determine how we will distinguish signs. The committee then discussed a request by the Board of Zoning Appeals to reduce the distance for notifying adjacent property owners of applications from 250' to 75', because mailing a certified letter costs $6.50. The committee noted that informing neighboring property owners helps everyone protect their property values. When lots in the older section of Wapakoneta are 150' deep, a notification distance of 75' would prevent someone owning property behind the applicant to know about a proposed change. The committee declined to act upon BOZA's request. The committee then discussed a request to change the maximum allowable height of a fence from 3 1/2 to 4 feet. To the committee members, a 4' fence seemed very high, especially since such a fence could be installed across the front of a property. Metz also cited several examples of properties that were not level, where the effective height was much taller than the actual height of the fencing (because of grade, hills, etc.). The committee declined to act upon this request to change fence height as well. The committee then discussed the issue of the International Building Code vs the State Building Code, a subject that had been introduced in previous meetings. The committee had requested that Ruck compare procedures and costs for adjacent communities.

City of Wapakoneta Engineering Department 102 Perry Street P.O. Box 269 Wapakoneta, Ohio 45895 Phone: (419) 738 - 5596 [email protected] Fax: (419) 738 - 0540 Building Permit & Zoning Information – www.wapakoneta.net (Ordinances) Questions that were asked and responses: What building code does your community use?  Village of New Knoxville: They have not officially adopted any specific building code  Village of Minster: They do not have a building code  Village of New Bremen: They do not have a building Code  City of St Marys: Ohio Plumbing and NEC Do you have onsite inspections for construction? If yes, what are the inspections?  Village of New Knoxville: They do no official inspections, accept for sanitary and water line hook up  Village of Minster: Staking inspections, water, sanitary and storm tap inspections  Village of New Bremen: Sanitary and water taps  City of St Marys: Footer tile, waterproofing of basement wall, stone backfill, air test sanitary drain lines, venting, interior water line, outside services lines, no structural inspections Do you charge for building permits, zoning permits, sign permits? If yes, what are your fees?  Village of New Knoxville: Water is $350, sanitary sewer $400  Village of Minster: Zoning $25.00, sign permit $25.00  Village of New Bremen: Sanitary tap $150, water tap $275, Zoning $20 (includes signs, structures, and fences)  City of St Marys: Sewer $800, water $50, see attached St Mary’s fee schedule Do you have an Engineering Department that handles permits?  Village of New Knoxville: Village Administrator serves as Zoning Officer and handles building/zoning permits  Village of Minster: Zoning Administrator and Public Works Department Superintendent  Village of New Bremen: Village Administrator  City of St Marys: Engineering Department With your Planning Commission and Board of Zoning notifications, how do you notify? And How far do you notify?  Village of New Knoxville: Adjoining property owners by mail and notification in the newspaper  Village of Minster: Abutting properties, certified mail and newspaper  Village of New Bremen: Adjoining/abutting property owners  City of St Marys: Regular mail 200’ radius Population as of 2013: Village of New Knoxville: 874 Village of Minster: 2829 Village of New Bremen: 2983 City of St Marys: 8342

Ruck reported that she had very recently attended a meeting sponsored by the Auglaize County Commissioners about "farming out" commercial inspection services to Miami County. She noted that Craig Moeller (of the City of St. Marys) had informed her that he did not feel the City of St. Marys should be performing the building inspections and both communities should be enforcing the same code. Ruck and Moeller had briefly conversed about the possibility of the two municipalities cooperating to form a certified residential building department. If they did so, they would always be obliged to have a residential buidling department, according to state regulations. The cities would retain all zoning rights and would still receive tap fees. Ruck does not foresee this change occurring until January 2016. The committee then discussed another issue that previously had been brought to its attention, that of enforcement mechanisms for the maintenance code. Having noted a significant maintenance issue, how does the City make sure that the property is repaired or otherwise brought up to code? Ruck noted that, for example, she has tried for many months to work with property owners on an improperly sited fence, ordering them to take it down or get a variance. Ruck feels that the enforcement could be similar to the Dangerous Building Code, as it could be performed by the City and then assessed to the property owner. Barber questioned the feasibility of the City becoming a third party in the often challenging relationship between a contractor and a homeowner. Ruck plans to discuss the issue with the Law Director for clarification and wording. Guest Petitions – Mr. Travis Rohrbach of 502 W. Benton St., requested Council’s permission for a partial road closure of Ohio Street from 2:00pm – 10:00pm on May 30th for the purpose of holding a graduation party at his residence. Motion by Graf, second by Fisher to approve the request. Vote – 7 yeas, 0 nays. Mayor Metz added that the Public Works Department will supply Mr. Rohrbach with the necessary barricades on May 30th.

Mr. Kirk Wilmarth of 14987 Ramga Road, again expressed his opposition to the proposed annexation of 14.663 acres off of Glynwood Road, and asked how Council can legally make decisions on the land in question if it is not yet within the City of Wapakoneta. President Pro Tem Wurst advised that Council has only voted on approving which utilities would be provided should the land be annexed into the City. Mr. Wilmarth asked if the City has researched the water displacement and other effects that may occur once the wooded land in said area is disturbed. Mr. Faller then explained the annexation process and procedures, and noted that addressing Council on the matter is premature, as several steps must still occur before any decision by Council can be made. Mr. Fisher asked if Mr. Wilmarth had expressed his opposition to the Commissioners and his Township Trustees. Mr. Wilmarth replied, yes. Mr. Faller clarified that it is the landowners who desire the annexation in order to obtain access to City utilities. Mr. Wilmarth then asked about the zoning process for the land in question. Mr. Faller stated that if the land is annexed, the City will then establish a zoning for it.

New Business - Motion by Barber, second by Graf that the contents of the home at 404 West Auglaize Street be made available to sell as salvage. Mr. Graf clarified that ‘contents’ is referring to items such as windows, doors, trim, and the like. Mr. Faller asked how this sale will be done. Ms. Barber advised, by auction. Ms. Barber then amended her motion. Motion by Barber, second by Graf to authorize the City to enter into contract with an auctioneer to proceed with the sale of the contents of the 404 West Auglaize Street house. Vote – 7 yeas, 0 nays. Motion passed.

Motion by Barber, second by Doll to have legislation prepared stating that pending a survey of the land, the property at 404 West Auglaize Street be split between the adjacent property owners, with the City of Wapakoneta retaining a permanent easement for utilities. Mr. Faller advised that he would need to check on the legalities of the matter, as statute may be worded that a sale must occur. Mrs. Wurst added that the ground should also be tested for possible contamination before the City can transfer it to new owners. Mr. Faller agreed. Mr. Faller also questioned the width of the stated easement. Motion by Barber, second by Doll to withdraw the stated motion. Council then requested Administration and Law Director Faller to obtain more information regarding the options of the 404 West Auglaize Street property.

President Pro Tem Wurst asked Clerk to read Ord 2015-14R2 for the third time re: AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO SET SPECIFICATIONS, ADVERTISE FOR BIDS, AND EXECUTE A GRIND AND PAVE PROGRAM FOR VARIOUS STREETS WITHIN THE CITY OF WAPAKONETA. Motion by Graf, second by Doll to adopt Ord 2015-14R2. Vote – 7 yeas, 0 nays. Motion passed.

President Pro Tem Wurst asked Clerk to read Ord 2015-15 for the third time re: AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO SET SPECIFICATIONS, ADVERTISE FOR BIDS, AND EXECUTE A RECLAMITE PROGRAM FOR VARIOUS STREETS WITHIN THE CITY OF WAPAKONETA. Motion by Fisher, second by Doll to adopt Ord 2015-15. Vote – 7 yeas, 0 nays. Motion passed.

President Pro Tem Wurst asked Clerk to read Ord 2015-16 for the third time re: AN ORDINANCE ESTABLISHING JOB TITLES AND PAY RANGES FOR NON-COLLECTIVE BARGAINING UNIT EMPLOYEES OF THE CITY OF WAPAKONETA IN COMPLIANCE WITH CHAPTER 260 OF THE CODIFIED ORDINANCES OF WAPAKONETA, OHIO. Motion by Lee, second by Wurst to adopt Ord 2015-16. Vote – 7 yeas, 0 nays. Motion passed.

The Mayor gave the following report: 1. Participated in one Department Supervisor’s meeting. 2. Participated in monthly Tree Commission meeting. I discussed tree planting for the south interceptor sewer project. There will be a letter sent out to the property owners in the project. The letter will recognize those previous requests. 3. Participated in monthly Economic Development Council (EDC) meeting. 4. Participated in National Day of Prayer held this year at Wapakoneta Fire/EMS Department. 5. Bill Rains and I met with G.E. to review the proposal for installing the underground wire behind the downtown business adjacent to the Auglaize River. G.E. also is working on the 15 k v loop that will be moved from the fire alley to the rail road right of way. 6. Met with Tom from the WDN to review the water park slide restoration. This is a large improvement to the water park with a life existence of 3-5 years. 7. Presented the proclamation at Auglaize Acres for National Nursing Home Week. 8. Participated in Drop and Swap. We were the hazmat site this year. Participation was good. 9. Participated in Bicycle Safety Program. The program was very well attended again this year. 10. Participated in Hospice-Beacon of Hope Dinner and Charity auction sponsored by Community Health Professionals. 11. Presented State of the City at Chamber of Commerce State of the County and School Event. All Councilors should have received my year-end report along with all department reports as they submitted them to me. 12. Participated in Wapakoneta City Councils’ Lands & Building Committee meeting. 13. Participated in Miami County Building Inspection Code Program meeting. Our Auglaize County Commissioners are investigating the possibility of having Miami County taking over the commercial inspection that the State currently does. The benefit is time savings and convenience of plan review. This would be done in Sidney office. 14. Participated in City of Wapakoneta’s Planning Commission meeting. 15. Attended Wapakoneta’s Police Departments second Community Policing Program. This was held at the Parkway down town Wapakoneta.

Ms. Barber asked for further explanation on number 5. Mayor Metz corrected ‘purpose’ to ‘proposal’. Ms. Barber asked for the status of the West Auglaize Street trees. Mayor Metz advised that a second Urban Forester, recommended by Stephanie Miller, will be visiting Wapakoneta to inspect the trees on May 20th , meeting at the Engineering Office at 11:00am. Mayor Metz advised that Dominion is requesting both of the Forester’s reports. Mayor Metz added that per Stephanie Miller, two of the damaged trees need to be removed immediately. Ms. Barber asked when said trees will be removed. Mayor Metz replied, in the fall. Ms. Barber asked for Stephanie Miller’s proposal regarding the gravel that was used in the tree lawn. Mayor Metz replied that Ms. Miller provided a drawing and a list of materials that should be used, and the Tree Commission suggested that Dominion be asked to take care of the cost. Ms. Barber advised that upon her recent review of the 600 block of West Auglaize Street, gravel is still in the tree lawn. Mayor Metz asked Ms. Barber to provide him with the specific addresses.

Mayor Metz advised that a member of the Planning Commission has resigned, and asked Council to inform him of any interested persons.

Ms. Barber noted an additional complaint from a resident of Carnation Drive about the new sidewalks.

The Service Director gave the following report: Mr. Rains reiterated that the sidewalks on Carnation Drive were installed with ODOT specifications and will not be changed, though some landscaping may be done to aid the aesthetics. Ms. Barber noted that the tree lawn on Carnation varies, and requested the reasoning behind this. Mr. Rains replied that he will get this information. The City completed more work at Breakfast Optimist Park, and it will be seeded this week. Sidewalks and restrooms will follow. Mr. Graf asked if Mr. Rains had followed up on an email from a concerned citizen. Mr. Rains replied that this matter had been forwarded on to Meril Simpson. Mr. Graf asked that the ODOT methods used on Carnation Drive sidewalks be avoided in any future sidewalk plans for the City. Mr. Rains agreed. Mr. Fisher added that the Wapakoneta Police Department handled the Tug-a-Truck event very well this year. Mr. Neumeier asked if the jeep that is parked on the hill on Benton Street is in violation. Mr. Rains advised that he has spoken to the Police Department about the matter, and that the City will address this. Mr. Neumeier relayed a citizen complaint regarding weeds growing in the area of Laurel and Poppy Streets resulting from a water main break, and requested that the City please smooth out the area to make it easier for property owners to mow. Mayor Metz agreed.

SCHEDULING OF MEETINGS: Utilities Committee will meet on May 27th at 5:00pm at City Hall.

Miscellaneous Business – Mr. Lee thanked the City for their thoughts for his family in the past several weeks.

Motion by Fisher, second by Doll to adjourn at 8:14pm. Vote – 7 yeas, 0 nays.

President Clerk of Council