City Council

200 South Hamilton Road City of Gahanna Gahanna, Ohio 43230 Meeting Minutes City Council Thomas C. Evers, President Thomas R. Kneeland, Vice President Shane W. Ewald L. Nicholas Hogan John McAlister Nancy R. McGregor Debra A. Payne Isobel L. Sherwood, MMC, Clerk of Council Tuesday, July 5, 2005 7:30 PM City Hall Council may meet in Caucus beginning at 7:00 p.m. A. CALL TO ORDER - Invocation, Pledge of Allegiance, Roll Call: Gahanna City Council met in Regular Session on Tuesday, July 5, 2005, in Council Chambers of City Hall, 200 South Hamilton Road, Gahanna, Ohio. President of Council Thomas C. Evers called the meeting to order at 7:30 P.M. The invocation was given by Thomas R. Kneeland, Vice President of Council, which was followed by the Pledge of Allegiance. Agenda for this meeting was published on July 1, 2005. Present 7 - Thomas C. Evers, Debra A. Payne, John McAlister, L. Nicholas Hogan, Shane W. Ewald, Thomas R. Kneeland, and Nancy R. McGregor B. ADDITIONS OR CORRECTIONS TO THE AGENDA: Clerk requested a change in ORD-0114-2005 to allow for a correction to the title of the ordinance to delete the reference to supplemental appropriation. Motion by Hogan, seconded by Payne, to move ORD-0114-2005 from Ordinances on Second Reading, Consent Agenda, to Amend by Substitution and Adopt, Consent Agenda. ROLL CALL: Voting yes: Hogan, Payne, Ewald, Kneeland, McAlister, McGregor, Evers. Motion carried. C. HEARING OF VISITORS: None. D. INTRODUCTIONS AND ASSIGNMENT TO COMMITTEE: Ordinances - To Be Introduced and Assigned to Committee: Ordinances introduced, by title, by Payne. ORD-0126-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH SBC GLOBAL SERVICES, INC., FOR THE PURCHASE OF 911 LOCATOR IDENTIFICATION DATABASE SERVICE. City of Gahanna Page 1 City Council Meeting Minutes July 5, 2005 ORD-0127-2005 TO ACCEPT GRANT MONIES OF $5,599 FROM THE OHIO EMERGENCY MANAGEMENT AGENCY (OEMA); AND TO SUPPLEMENTALLY APPROPRIATE SAID DONATION TO THE PARKS MAINTENANCE SUPPLIES ACCOUNT. ORD-0128-2005 TO NAME STREET RIGHT OF WAY CONSTRUCTED UNDER IMPROVEMENT NO. 848, RIVA RIDGE COURT. ORD-0129-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO PURCHASE AGREEMENT WITH COGENT SYSTEMS, INC., FOR THE PURCHASE OF A COMPUTERIZED AUTOMATED FINGERPRINTING SYSTEM (AFIS) FOR THE POLICE DEPARTMENT OFF THE STATE BID LIST; TO SUPPLEMENTALLY APPROPRIATE $13,500 THEREFOR, ORD-0130-2005 TO CREATE A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT FUND; TO ACCEPT GRANT MONIES FROM FEMA FOR THE DECEMBER WEATHER EMERGENCY; AND TO SUPPLEMENTALLY APPROPRIATE SAID FUNDS ORD-0131-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO AMENDED PARTICIPATION AGREEMENT WITH FRANKLIN COUNTY ENGINEER REGARDING HAMILTON ROAD ENGINEERING BETWEEN ROCKY FORK CREEK AND MORSE ROAD AND FOR A REBUILD BETWEEN U.S. ROUTE NO. 62 AND MORSE ROAD; AND TO DECLARE AN EMERGENCY. E. CONSENT AGENDA: Minutes - To Approve: 2005-0007 This Matter was Approved, on the Consent Agenda. Ordinances on Second Reading: ORD-0098-2005 TO AUTHORIZE THE DIRECTOR OF PUBLIC SERVICE TO AWARD, AND THE MAYOR TO ENTER INTO CONTRACT WITH JESS HOWARD ELECTRIC FOR US62 SIGNALIZATION AT Y.M.C.A. AND RIVA RIDGE; IMPROVEMENT NO. 806; TO SUPPLEMENTALLY APPROPRIATE $285,500; AND TO DECLARE AN EMERGENCY. This Matter was Adopted as an Emergency on the Consent Agenda. ORD-0099-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH City of Gahanna Page 2 City Council Meeting Minutes July 5, 2005 STILSON CONSULTING GROUP FOR INSPECTION SERVICES FOR THE US62 SIGNALIZATION PROJECT; IMPROVEMENT NO. 806; TO SUPPLEMENTALLY APPROPRIATE $15,000; AND TO DECLARE AN EMERGENCY. This Matter was Adopted as an Emergency on the Consent Agenda. ORD-0100-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH CANINI AND PELLECCHIA, INC., FOR RIGHT OF WAY ACQUISITION ON US62; IMPROVEMENT NO. 806; TO SUPPLEMENTALLY APPROPRIATE $31,350; AND TO DECLARE AN EMERGENCY. This Matter was Adopted as an Emergency on the Consent Agenda. ORD-0103-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO DEVELOPER'S AGREEMENT EXTENSION WITH PIZZUTI MANAGEMENT, LLC, FOR SUBURBAN STEEL ACCESS PAVING; TO SUPPLEMENTALLY APPROPRIATE $5,729; AND TO DECLARE AN EMERGENCY. This Matter was Adopted as an Emergency on the Consent Agenda. ORD-0104-2005 SUPPLEMENTAL APPROPRIATION - Capital Improvement This Matter was Adopted on the Consent Agenda. ORD-0105-2005 SUPPLEMENTAL APPROPRIATION - Master Meter Pit This Matter was Adopted on the Consent Agenda. ORD-0106-2005 SUPPLEMENTAL APPROPRIATION - Fuel Site Drainage Project This Matter was Adopted on the Consent Agenda. ORD-0107-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO PROPERTY/LIABILITY INSURANCE RENEWAL CONTRACT WITH THE OHIO MUNICIPAL LEAGUE JOINT SELF INSURANCE POOL This Matter was Adopted on the Consent Agenda. ORD-0109-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO PURCHASE AGREEMENT WITH R.J. COX COMPANY, FOR PURCHASE OF SEVEN TRAILERS FOR VARIOUS CITY DEPARTMENTS; AND TO SUPPLEMENTALLY APPROPRIATE $3,290 TO VARIOUS ACCOUNTS. This Matter was Adopted on the Consent Agenda. ORD-0111-2005 TO ACCEPT DONATION OF $100 FOR THE POOCH PLAYGROUND AT HANNAH FARMS PARK; AND TO SUPPLEMENTALLY APPROPRIATE SAID DONATION TO THE PARKS, MINOR CAPITAL City of Gahanna Page 3 City Council Meeting Minutes July 5, 2005 ACCOUNT. This Matter was Adopted on the Consent Agenda. ORD-0112-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT FOR SUPPLYING NATURAL GAS FOR THE PROVISION OF COMPETITIVE RETAIL GAS AGGREGATION SERVICES, FOR THE CITY OF GAHANNA; AND TO DECLARE AN EMERGENCY. This Matter was Adopted as an Emergency on the Consent Agenda. ORD-0113-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH FUN DAY EVENTS FOR SPECIAL ENTERTAINMENT PRESENTATIONS AT THE NATIONAL NIGHT OUT AND TEEN FEST IN AUGUST. This Matter was Adopted on the Consent Agenda. ORD-0115-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO REIMBURSEMENT AGREEMENT WITH BERCLEY WOODS LLC, FOR CONSTRUCTION AND INSPECTION WORK FOR A TURN LANE AT EAST JOHNSTOWN ROAD AT BERCLEY WOODS; IMPROVEMENT 784; AND TO DECLARE AN EMERGENCY. This Matter was Adopted as an Emergency on the Consent Agenda. ORD-0116-2005 SUPPLEMENTAL APPROPRIATION- Law Enforcement Trust Fund This Matter was Adopted on the Consent Agenda. ORD-0118-2005 TO AMEND CIVIL SERVICE RULES AND REGULATIONS BY THE ADOPTION OF NEWLY NUMBERED SECTION 7.07, PART-TIME TO FULL-TIME POLICE OFFICER AND/OR RADIO DISPATCHER; AND TO DECLARE AN EMERGENCY. This Matter was Adopted as an Emergency on the Consent Agenda. ORD-0119-2005 TO ADOPT THE NORTH HAMILTON ROAD LANDSCAPE PLAN AS PREPARED BY SCHIEBER & ASSOCIATES This Matter was Adopted on the Consent Agenda. Ordinance - To Amend by Substitution and Adopt: ORD-0102-2005 TO AUTHORIZE PAYMENT TO SHELLY AND SANDS, INC., FOR RELOCATION OF SANITARY SEWER AND EXTENSION OF THE GRAVITY SEWER AT HAMILTON ROAD, US62 TO STONERIDGE; IMPROVEMENT NO. 784; TO SUPPLEMENTALLY APPROPRIATE $40,565; AND TO DECLARE AN EMERGENCY. This Matter was Amended by Substitution, Adopted, As Emergency on the Consent Agenda. City of Gahanna Page 4 City Council Meeting Minutes July 5, 2005 ORD-0114-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH STILSON CONSULTING GROUP FOR ENGINEERING SERVICES TO OBSERVE THE INSTALLATION AND EVALUATION OF THE ACS LITE SYSTEM BY FHWA. This Matter was Amended by Substitution and Adopted on the Consent Agenda. Postponed to Date Certain of July 18, 2005: ORD-0095-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH PASSERO CONCRETE CONSTRUCTION TO REMOVE THE BRICK PAVERS ALONG THE SIDEWALKS OF THE MUNICIPAL COMPLEX AND REPLACE WITH CONCRETE; AND TO DECLARE AN EMERGENCY. This Matter was Postponed to Date Certain to the Information Technology & Service on the Consent Agenda. ORD-0096-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO A PRE-ANNEXATION AGREEMENT WITH MANOR HOMES FOR FUTURE DEVELOPMENT ON PROPERTY ADJACENT AND CONTIGUOUS TO THE HANNAH FARM PROPERTY. This Matter was Postponed to Date Certain to the Committee of the Whole on the Consent Agenda. Ordinance - To Postpone Indefinitely: ORD-0101-2005 TO AUTHORIZE THE MAYOR TO ENTER INTO REIMBURSEMENT AGREEMENT WITH THE STONEHENGE COMPANY FOR BUILDING OF A SANITARY SEWER TO SERVE PROPERTIES CUT OFF FROM SERVICE BY THE HAMILTON ROAD WIDENING PROJECT; AND TO DECLARE AN EMERGENCY. This Matter was Postponed Indefinitely on the Consent Agenda. Motion Resolution: MR-0037-2005 This Matter was Approved on the Consent Agenda. MR-0038-2005 This Matter was Approved on the Consent Agenda. MR-0039-2005 City of Gahanna Page 5 City Council Meeting Minutes July 5, 2005 This Matter was Approved on the Consent Agenda. MR-0040-2005 This Matter was Approved on the Consent Agenda. MR-0041-2005 This Matter was Approved on the Consent Agenda. MR-0042-2005 This Matter was Approved on the Consent Agenda. MR-0043-2005 This Matter was Approved on the Consent Agenda. Passed The Consent Agenda Yes: 7- Evers, Payne, McAlister, Hogan, Ewald, Kneeland and McGregor End of the Consent Agenda F. PUBLIC HEARINGS: 2005-0027 President opened Public Hearing at 7:34 p.m. Steve Heimberger, Suburban Steel, 1900 Deffenbaugh Court, stated they wished to utilize brine water to control their dust; site is 24 acres total, 12 of which are rock based for driving fork lifts and heavy trucks; this method does comply with EPA regulations; in process of going through the permission order; asking for your approval. President asked for opponents. There were none. President closed Public Hearing at 7:35 p.m. Hogan asked Wetherholt if this was basically a salt solution. Wetherholt replied that it was. Hogan asked what would be the result of any salt solution runoff to any nearby water. Heimberger stated that it is put on so slowly it evaporates; is extremely regulated; are 9 steps to legally comply from size of spout to the fact that it can't puddle; must spread evenly with no excess; can't rain prior to application so that water is absorbed; if it was to puddle could possibly kill grass; strict regulations; reporting to ODNR. Hogan asked if administration had any problems with this request. Wetherholt stated they did not. Payne asked who makes sure you are maintaining proper procedures. Heimberger stated all reporting is done by him; will be contracting with Fishburn to do the work; I City of Gahanna Page 6 City Council Meeting Minutes July 5, 2005 will be there when they disperse; controls truck speed, etc; I will be fully responsible for reporting to EPA. McGregor asked if this is a one time application. Heimberger stated it is done 4 to 6 times in a 6 month season; depends on weather conditions. White stated that when Suburban Steel came in originally, this issue was discussed with regard to surface coating for their yard; it holds raw steel; concrete asphalt won't hold the steel and would create a worse problem; did obtain a variance from Planning Commission to have this type of yard; don't have a surface that can hold the necessary weight. Evers asked Heimberger how they chose Fishburn. Heimberger stated they used them when they were in Pataskala; used them twice last year in July and September; never looked at competition as we have not had a problem with them; no EPA violations in the past. G. STANDING COMMITTEES: Safety & Development Committee - McGregor: No Report. Information Technology & Service Committee - Payne: No Report. Committee of the Whole - Kneeland: No Report. Finance -Ewald: Ewald stated everybody has budget; make sure you review and be prepared to discuss; if you have any questions, discuss with Isler before committees. H. CORRESPONDENCE AND ACTIONS: Clerk - Legal: Z-0003-2005 To consider a zoning application on 7.951+/- acres located at 143 James Road; requested zoning L-AR with changes in the limited overlay text; current zoning L-AR; The Stonehenge Company, by Jerry Clark, applicant. Clerk advised this public hearing was scheduled for August 1, 2005. Council: None. I. SECOND READING OF ORDINANCES: City of Gahanna Page 7 City Council Meeting Minutes July 5, 2005 Ordinances Reported Out of Committee: ORD-0120-2005 TO ALLOW THE SURFACE APPLICATION OF BRINE; FOR DUST CONTROL AT SUBURBAN STEEL SUPPLY A motion was made by Kneeland, seconded by Payne, that this matter be Adopted. The motion carried by the following vote: Yes: 7- Evers, Payne, McAlister, Hogan, Ewald, Kneeland and McGregor J. FIRST READING OF ORDINANCES: None. K. MOTIONS/RESOLUTIONS: None. L. REPRESENTATIVES: Community Improvement Corporation (CIC) - Evers/Ewald: Ewald stated the meeting is next Monday morning. Mid-Ohio Regional Planning Commission (MORPC) - McGregor: McGregor stated meeting is next week. Bd./Ed., Gahanna-Jefferson Public Schools: Clerk stated Evers is the representative for the next meeting. Gahanna/Jefferson Joint Committee - Evers/Hogan: No Report. M. OFFICIAL REPORTS: Mayor: No Report. City Attorney: No Report. N. COUNCIL COMMENT: Hogan stated that he has requested the issue of eminent domain be addressed in Committee of the Whole next week; Supreme Court made a very bad ruling; don't want to take away eminent domain from the City because there are times that it is needed for legitimate purposes; they need it to widen roads, build bridges, for numerous City of Gahanna Page 8 City Council Meeting Minutes July 5, 2005 situations; Supreme Court said a City has the right to engage in eminent domain so that they can take private property from one person and give it to another private property owner which is totally wrong; this is not unusual; has happened in Norwood, Ohio; developer came in and did a study, that he paid for, and had an area of Norwood declared a blighted area, and then based on that, 5 of 7 Council Members took 99 homes by eminent domain and then turned around and gave it to the developer so he could build an office complex; based on the Supreme Court ruling this is legal because it brought in more tax revenue; House of Representatives just passed a resolution condemning the Supreme Court action; looking to pass a charter change that the voters would vote in and could only be changed by a vote of the people; spoke with Weber and language needs to be simple and clear; will present some language next week for discussion; to act on this for ballot in November we need to pass a resolution by August 20; haven't spoken to one person who thinks this is a good ruling. McAlister stated he would concur with Hogan; primary purpose of government is to protect life, liberty and property; discuss in future meetings. Ewald thanked Chief for the cooperative venture with the Reynoldsburg Police Department; glad we have trained personnel to be able to help other communities; Parks, Service and all employees should be proud of their work on the July 4th event; a lot of people turned out. Payne also thanked the administration, Parks Department especially, for the Freedom Festival; was a great event; did have people ask me about the tables at the golf course; spoke with one lady who is really looking to move to Gahanna; her husband works here and every time she comes here something great is going on; told her about other festivals coming up; is doing economic development by bringing people in to our community; thank everyone. Kneeland stated it was a wonderful event; best display of fireworks I have seen in Gahanna; if we can continue to do business with that company, it would be a great thing; thank all the employees who worked and also those who volunteered their time for this festival; kudos to all; if there were hitches, they were well hidden; looking forward to Holiday Lights. Evers concurred and said it was a wonderful weekend; thank all participants and sponsors; Lions Club for putting on the parade; had great weather and great turnout; all the city employees - Service, Parks, Police and Development and everyone else who was participating - outstanding job; was at the Freedom Festival from 4:00 until after the fireworks; was a great crowd; thank Gahanna Events, Inc., our sponsors - Heartland Bank, Stonehenge, GGC, Mt. Carmel, Rocky Fork Enterprise; all of those local businesses that believe so much in our community that they are willing to reinvest so we can put on these great events; commend all City employees but Parks Department did an outstanding job putting that program together; when fireworks ended they were all over cleaning up because there was a golf outing at 7:00 am this morning; other group to single out is Police Department; once the event ended they were out there with traffic control; fine job to all city employees for their hard work and dedication. O. ADJOURNMENT: 7:50 p.m. - Motion by Ewald. City of Gahanna Page 9 City Council Meeting Minutes July 5, 2005 City of Gahanna Page 10