WAPAKONETA CITY COUNCIL APRIL 6, 2015

President Steve Henderson called the meeting to order at 7:35pm on April 6, 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 22 visitors present.

Motion by Fisher, second by Lee to approve the minutes of the March 16, 2015 Council Meeting as submitted. Vote – 7 yeas, 0 nays.

Received Income Tax Summary Report for Month Ending 03-31-2015.

Lands & Buildings Committee – a meeting was held on 03-30-2015 and the following was discussed: The group first discussed the problem brought to City Council's attention of inconsistencies in our ordinances re signage. 1250.10 Definitions (148) "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. (149) "Sign, identification." A sign which is primarily intended to indicate the name, owner, manager and/or address of an existing building or business. (Ord. 2010-29. Passed 7-5-10.) 1286.05 Business Signs Permitted sign types include wall mounted and ground mounted signs. Business signs shall be permitted in connection with any legal business or industry when they are located on the same premises and if they meet the following requirements: (a) All faces of all signs shall have an aggregate surface size no greater than five square feet for each foot of width of the principal structure on the premises. (b) Signs shall not project over public right-of-way. (c) Signs shall conform to the height requirements of the district in which they are located, except that when they are within 1,500 feet of the right-of-way of an Interstate highway, they may be erected at a height not to exceed 125 feet above ground level. (Ord. 2010-29. Passed 7-5-10.) 1490.03 Construction Specifications All signs and advertising or commercial information media erected, constructed or maintained within the corporate limits shall comply with the following regulations. (a) Ground Sign Boards. (1) Property owners' consent. No person shall erect, construct or maintain any ground sign board in any block on any public street without the written consent of the owners, or their duly authorized agents, who own a majority of the property frontage on both sides of the street in the block in which the ground sign board is maintained or to be erected, constructed or located. Such written consent shall be a condition precedent to the issuance of any permit for such board by the City Planning Commission. (2) Fireproofing sign. No person shall erect or construct any ground sign board within the fire limits of the City which is not constructed entirely of fireproof materials. (3) Height. No ground sign board erected, constructed or maintained within the corporate limits shall be, at any point, over twenty feet above the ground level. However, if the sign is an illuminated one, the lighting reflectors may project not more than six feet beyond the top edge of the board. (4) Open space. Every ground sign board shall have an open space of not less than two nor more than four feet between the lower edge of the board and ground level. The open space shall be left unobstructed, except for braces and vertical supports, between which there must be at least a four-foot clearance. Every ground sign board shall be stoutly constructed and anchored in a secure and substantial manner. (5) Upkeep. Any person occupying any vacant lot or premises with a ground board sign shall be subject to the same duties and responsibilities as the owner of the lot or premises, with respect to keeping the same clean, sanitary, inoffensive and free and clear of all noxious substances in the vicinity of such board. (1978 Code § 110.03) After some discussion, the group asked Mary Ruck to contact Paul Coulter (of the firm Wapakoneta used during its comprehensive planning process and, later, for the zoning update) for counsel about the best way to clarify the legislation and its intent. Public Hearing—a public hearing will be held on Monday, April 6, 7:15 p.m., on the proposed rezoning of the 500 Willipie Street property from B-3 to M-2. The group resumed discussion on a previous topic: the City's use of the International Building Code versus the Ohio Building Code. Were the City to adopt the Ohio Building Code, the City would need to develop a certified building inspection system (as does Sidney). St. Marys uses the International Building Code, has no certified building department, asks licensed contractors to sign off on their work, and does provide complimentary inspections. Ruck considers the International Code stricter than Ohio's, but states that it provides more flexibility in application. The committee asked Ruck to get a fee schedule from St. Marys, as well as (information) from Minster and New Bremen. The committee also very briefly discussed enforcement provisions for its maintenance code, which will be further examined in future meetings. Graf noted that he would like to have the committee sign off on minutes, to which Barber agreed.

Mrs. Wurst asked that the Lands & Buildings Committee carefully consider the current wording of 1250.10, section (148). Ms. Barber agreed to check with Mary Ruck of the Engineering Department about this.

Streets & Alleys Committee – a meeting was held on 03-24-2015 and the following was discussed: 1. Approved minutes of February 18, 2015 Fisher/Neumeier passed 3-0 2. Discussed street name confusion in the Rosewood & Cinnamon area where street changes name. It was requested that Public Works install additional signage where the streets meet to clarify the street names. 3. The status of Phase 3 of SRTS project was reviewed. Completion had been halted in 2014 due to weather. Mrs. Ruck reaffirmed that the project would be restarted as soon as the weather breaks. 4. The Sidewalk maintenance program was discussed. Mrs. Ruck felt that almost all sidewalks have been inspected over the past ten years. It was suggested that a annual schedule be developed for inspecting and repairing the sidewalks throughout the city. Schedule will be prepared for approval at next committee meeting. 5. Streets were proposed for repaving this summer. It was discovered by bore samples that Cherry, Rauthland and Wagner did not have a base and would need a full depth reconstruction costing $54,000, 51,000, and 57,000 respectfully. Ohio and Perry Streets were also suggested. Streets will be determined at next meeting. 6. A request has been made to Dominion Gas for gas line work to be scheduled for W. Pearl. Nothing confirmed. However Dominion will be doing repair work in three areas of the city roughly 1) Buchanan, South, Ohio. 2) E&W Silver, E Harrison, Van Buren, Peach and 3) Perry, Plum , E. Benton 7. Gibb Street curbing project is being delayed till 2016 so that alternate funding can be finalized. 8. Alley way between Park and Willipie will be paved by mid-June or sooner to have the work done prior to Summer Moon Festival and Eagles Family Picnic. 9. Current W. Auglaize Street project was discussed. The project is planned to be done is four phases (sections). Residents were mailed an explanation of the work and road detours during the construction. It was suggested that business in the downtown area also receive this information to assist with deliveries. 10. Reclamite project for this summer was proposed for Bellefontaine, Harrison, Plum, Woodbine, Redskin, Middle, Glynwood, and West Auglaize. 11. Pothole repair work with hot patch will begin this spring. Citizens are urged to use the ‘Infoline’ on the city’s website to report potholes using street addresses to identify locations. Areas needing larger patch work (W. Auglaize out toward fairground, intersection at Board of Education office) were also discussed for repair. 12. Mary Ruck announced that the city has received a Small City’s grant to pay for 100% of the proposed reconstruction for Buchanan St. in 2016. The amount of the grant is $1,194,909.00. 13. Mary Ruck will be scheduling a public hearing for the proposed Transportation Alternative Program (TAP) project in the Heritage/ Belcher Park areas and proposed river walk. The proposal will be submitted this spring.

Mrs. Wurst asked, regarding item number 6, if Dominion Gas will indeed be working on East Benton again. Mr. Graf answered, yes. Mr. Rains agreed to obtain more information on this question. Ms. Barber asked, regarding item number 6, if Dominion Gas has indeed been asked to perform work on West Pearl Street. Mrs. Wurst clarified, yes, but before the street is repaved. Ms. Barber asked, regarding item number 13, if the City has now been asked to apply for the grant. Mr. Rains replied, yes. Ms. Barber asked when Council will know what the proposal includes, and what the match will be. Mayor Metz replied that this information is not yet available.

Communications – Clerk McDonald read a letter from Mary Ruck of the Engineering Department, regarding a recommendation for an annexation and R-1 zoning classification into the City of Wapakoneta, consisting of 14.665 acres off of Glynwood Road.

Clerk McDonald gave a reminder to Council that the Financial Disclosure deadline is April 15, 2015.

Guest Petitions – Mr. Josh Little of 920 Carnation St, Wapakoneta, Ohio, requested Council’s approval of a 5K run that will be held on May 4, 2015. Mr. Little provided Council with a copy of the race route, including road closure requests, and advised that no permanent markings would be made on the route. Mrs. Wurst pointed out that some of the street closures would have to be approved by the Sheriff’s Department. Motion by Fisher, second by Lee to approve the request. Vote – 7 yeas, 0 nays.

Unfinished Business – Mr. Neumeier asked for the updates on EMS rate increases that were requested in the last Council Meeting. Mr. Lee advised that a Committee Meeting will be held to discuss and obtain these numbers.

President Henderson asked Clerk to read Ord 2015-08 for the third time re: AN ORDINANCE TO AUTHORIZE AND DESIGNATE A REVITALIZATION DISTRICT WITHIN THE CITY OF WAPAKONETA PURSUANT TO ORC 4301.81 AND DECLARING AN EMERGENCY. Motion by Doll, second by Fisher to adopt Ord 2015-08. Vote – 7 yeas, 0 nays. Motion passed.

President Henderson asked Clerk to read Res 2015-09 for the second time re: A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF WAPAKONETA TO EXECUTE AN AGREEMENT CONCERNING A SIGN ENCROACHMENT UPON A PUBLIC RIGHT OF WAY AND DECLARING AN EMERGENCY.

President Henderson asked Clerk to read Ord 2015-10 for the second time re: AN ORDINANCE RE- ESTABLISHING THE ZONING CLASSIFICATION FOR PROPERTY LOCATED AT 500 WILLIPIE STREET, WAPAKONETA, AUGLAIZE COUNTY, OHIO.

President Henderson asked Clerk to read Ord 2015-11 for the second time re: AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; PROVIDING FOR THE ADOPTION AND PUBLICATION OF NEW MATTER IN THE UDPATED AND REVISED CODIFIED ORDINANCES; REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY.

President Henderson asked Clerk to read Ord 2015-12 for the second time re: AN ORDINANCE AUTHORIZING MAYOR RODNEY C. METZ TO SIGN AN AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF DEVELOPMENT, TO EXECUTE AN ECONOMIC DEVELOPMENT REVOLVING LOAN FUND ADMINISTRATION AGREEMENT, AND DECLARING AN EMERGENCY. President Henderson asked Clerk to read Res 2015-13 for the second time re: A RESOLUTION AUTHORIZING THE COUNCIL OF THE CITY OF WAPAKONETA REPRESENTATIVE TO THE OHIO PUBLIC WORKS COMMISSION DISTRICT 13 INTEGRATING COMMITTEE; APPOINTING CRAIG MOELLER AS REPRESENTATIVE, CITY OF ST. MARYS AND MARY RUCK TO SERVE AS ALTERNATE.

The Mayor gave the following report: 1. Participated in Department Staff meeting. 2. Attended Sister Cities annual dinner meeting banquet where new officers were elected. 3. Participated in annual County Health Board meeting where reviews of the Health Department activities were reviewed. 4. Participated in Technology Projector demonstration set up by Steve Schuler. This equipment would be used in council chambers by all departments. 5. Participated in a round table decision set up by Lima News with State Representatives present. The purpose of the roundtable was to discuss the State Governors’ new budget bill. The bill has cuts proposed to multiple service organizations such as, MRDD, Park & Recreation, HEAP program and income tax/sales tax collection. I am adamantly opposed to this bill. 6. Attended monthly Wapakoneta City Council’s Streets & Alleys meeting. 7. Attended project meeting for South inceptor sewer. Bill and I learned projected completion date to be fall of 2015 and Helms & Sons will coordinate road closings through the Engineering Department on projects, south inceptor sewer and West Auglaize Street to prevent major road closing at the same time, (Blackhoof Street and Hamilton Road). 8. Participated in TCA Class with Dan Graf in Toledo, Ohio. 9. Performed wedding for Gregory Brown and Cynthia Valeroso. 10. Met with TSC to discuss the south inceptor sewer power, phone and TV underground installation. The meeting went very well and TSC will be upgrading all of the services to this area. 11. Participated in kickoff meeting for Façade Improvement Program for the buildings located in the Central Business District of Wapakoneta. There were four property owners present at the meeting learning about the project and its funding. 12. Attending Wapakoneta’s City Council’s Lands & Buildings meeting. 13. Met with GE and their representatives to discuss the downtown south inceptor power upgrade project. The plans were reviewed with the contractors that have picked up the construction documents. We also walked the project with them so they understand the complete requirements and our concerns. 14. Met with Tom Wehrhahn to discuss the problems the city and the residents are having with Dominion East Ohio Gas contractor. I am very upset with the lack of cooperation from Dominion. 15. Met with WLIO to discuss the problems the city and the residents are having with Dominion East Ohio Gas contractor. I am very upset with the lack of cooperation from Dominion. 16. The meeting scheduled for Monday, April 6, 2015, with Dominion was cancelled and I will keep Council informed as to when the meeting will be rescheduled. The meeting did take place with Dominion representatives Ty, Brenda, Peggy and Mary Ruck from Engineering. Dominion showed up at 9:20 a.m. Mary Ruck was contacted along with email to all Council members informing them the meeting was taken place. The meeting went where Dominion will be talking with their contractors to correct issues involving contractors’ performance. Dominion has requested Urban Forester, Stephanie Miller’s report outlining the corrective action to address the trees that have been harmed in the project. 17. Participated in interview with WLIO TV 35 News which discussed the outcome of meeting with Dominion. 18. The power outage that the City experienced Thursday evening was caused by a lightning strike that caused a high pot (insulator terminal) to short out. General Electric and the Electric Department are working to find all the damages and the necessary work that needs to be done to have the City’s redundant system all back in place. I would personally like to thank AEP for all of their help and the dedication of our of our City staff. Power was restored before midnight. Referring to item number 16, Mayor Metz also provided a copy of an email from Mary Ruck showing that the meeting was initially indicated as cancelled. Ms. Barber asked the Mayor to elaborate on what occurred at said meeting with Dominion Gas. Mayor Metz advised that he and Mary Ruck communicated all of the issues and complaints regarding the Dominion Gas work, and Dominion Gas representatives advised that they would contact the contractor about the issues. Mayor Metz stated that Dominion Gas wants the Urban Forester’s recommendation on what corrective actions must be taken in regards to the damaged trees, and that Dominion Gas will relocate gas meters per property owners’ request. Mayor Metz also stated that the City will be notifying property owners and providing them with contact information for complaints. Ms. Barber asked what will be done to remove all of the gravel in areas where soil ought to be. Mayor Metz replied that the contractor will need to clean up the gravel and replace these specific areas with soil. Mayor Metz advised that he is waiting for the Urban Forester’s recommendation in writing regarding the damaged trees, and if all else fails the City will fulfill their obligation to care for said trees. Ms. Barber stated that the problems with Dominion’s work continued even after the Mayor’s meeting with them. Mr. Neumeier added that Dominion will have completed their work by the time the Urban Forester’s recommendation is provided. Mr. Graf asked if the relocating of the gas meters to the outside of properties is taking into consideration all safety codes. Mayor Metz replied, yes. Ms. Barber asked if anyone from the Engineering Department is on the job site to monitor the work on a regular basis. Mr. Rains replied, no. Ms. Barber asked for better communication going forward on the status of this project between City Administration and City Council.

The Service Director gave the following report: Making progress on the Long Term Control Plan. City Administration has received several complaints about the sidewalks on Carnation Street, but advised that this is an ODOT project and is due to right-of- way restrictions. President Henderson asked if a Committee needs to review the access lane work off of Stoneybrook Drive. Mr. Rains replied that he will look at this before putting it into Committee review.

SCHEDULING OF MEETINGS: Streets & Alleys Committee will meet on April 14th at 5:00pm at City Hall. Communications & Rules Committee will meet on April 13th at 7:30pm at City Hall. Utilities Committee will meet on April 22nd at 5:00pm at City Hall. Health & Safety Committee will meet on April 9th at 4:00pm at City Hall.

Miscellaneous Business – President Henderson advised Ms. Barber that the Board of Zoning Appeals are recommending to decrease the notification radius, and asked that the Lands & Buildings Committee review this recommendation. Ms. Barber also advised that the plan for the Gibson Property that the City acquired has also been placed in Lands & Buildings Committee for their review.

Motion by Fisher, second by Doll to adjourn at 8:27pm. Vote – 7 yeas, 0 nays.

President Clerk of Council