WAPAKONETA CITY COUNCIL SEPTEMBER 21, 2015
President Pro Tem Bonnie Wurstcalled the meeting to order at 7:30pm on September 21, 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 28 visitors present. President Steve Henderson was absent.
Motion by Neumeier, second by Fisherto approve the minutes of the September 14, 2015 Council Meeting as submitted. Ms. Barber stated that the Lands & Buildings Committee has resolved the issue with their 8-31-2015 minutes, and that she will be providing the updated version to Council. Ms. Barber added that it is not Council policy to require that committee minutes be approved by said committee prior to presentation to Council. Mrs. Wurst clarified that the September 14th Council minutes do not state that it is a Council policy, and only reflect that Mr. Graf had made this request. Mrs. Wurst added that committees used to write the word “draft” on their minutes prior to committee approval. Mr. Graf added that the review of committee meeting minutes at Council is a draft report or narrative that is later to be approved by said committee. Mr. Graf suggested that the Communications & Rules committee review this procedure. President Pro Tem Wurst then put the matter to the Communications & Rules committee. Mr. Neumeier stated that the September 14th Council meeting minutes do not currently reflect what occurred. Mr. Neumeier added that the Lands & Buildings Committee meeting reports were read at the September 14th Council meeting, and ought to be included within the Council meeting minutes.
Motion by Fisher, second by Neumeier to amend the September 14, 2015 Council Meeting minutes to include the original 8-24-2015 and 8-31-2015 Lands & Buildings Committee meeting minutes that Ms. Barber had reviewed. Vote – 7 yeas, 0 nays. Motion passed.
Ms. Barber asked why her responses to Mr. Graf’s objections were not included in the September 14th Council meeting minutes. Clerk McDonald answered that Ms. Barber’s responses to Mr. Graf were only indicative of her same review of what occurred at the 8-31-2015 Lands & Buildings meeting. Ms. Barber stated that it is not clear within the September 14th Council minutes that it is not Council policy to have a committee review and approve their minutes prior to providing them to Council. Mrs. Wurst reiterated that the September 14th Council meetings state that Mr. Graf was the person making this request. Clerk McDonald clarified that she was not suggesting that this is a Council rule or policy, but that she was unsure how to handle the disagreement regarding the Lands & Buildings minutes. Clerk McDonald stated that she will do what Council wishes, now and in the future, with regards to committee meeting minutes review at Council Meetings. Mr. Graf and Mr. Lee suggested that all committee chairpersons share their draft report with their fellow committee members prior to reviewing them at a Council meeting in order to avoid situations like this in the future.
President Pro Tem Wurst then asked for a voice vote to approve the September 14, 2015 Council Meeting minutes as amended. Vote – 7 yeas, 0 nays.
Mr. Fisher stated that the 09-17-2015 Utilities Committee minutes have not been approved or reviewed by his committee.
Utilities Committee – a meeting was held on 09-17-2015 and the following was discussed:
The meeting opened with a discussion about the possible extension of municipal sewer use to Nancy Freymuth at the corner of Short Road and CR25A. Mr. Blair stated his position that pursuant to the Administrative Code, Ms. Freymuth should be legally entitled to tap into the existing sanitary sewer in front of her home because there is no ordinance stating otherwise.
Mr. Rains then read the ordinance enacted when city utilities were extended to the Becker Subdivision north of Wapakoneta that stated that residents would be required to annex when they became continuous with the city.
Mr. Rains then shared minutes from a council meeting where the extension of utilities to K-Edition was discussed that stated that in order to receive city utilities, homeowners would be required to annex.
Mayor Metz then shared an email exchange that he had with Rex Katterheinrich regarding the installation of the sewer that stated that in his memory, the letter was a courtesy extended to Ms. Freymuth because city work was being done in front of her home.
Law Director Faller cited the city’s position that the home rule paragraph in the Administrative Code allows our policy to override the section outlined by Mr. Blair.
Mr. Rains then shared with the committee that should Mrs. Freymuth tap into the sewer, regardless of annexation, her tap fee, based on the frontage of her property would be $64,000 because of the cost recovery built into the ordinance of $397.50 per acre as well as 5.5% interest for 19 years.
Mr. Blair asked if she would be allowed to parcel off a 5 acre plat and Mr. Rains stated that is she did, her cost would drop dramatically.
Councilor Lee then asked why Ms. Freymuth is so opposed to annexation.
Mr. Blair stated that Ms. Freymuth was a lifelong resident of Pusheta Township and wanted to remain one. Mr. Faller stated that even is annexation occurred she would remain a resident of Pusheta Township.
Mr. Zwiebel then gave some background on the history of the farm, the family and the life of the current construction project.
Councilor Lee stated his position that he sympathized with Ms. Freymuth’s situation was looking for compromise of some kind.
Councilor Wurst stated that as long as she had been on council it had been the policy of the city to require annexation for the use of city utilities.
Councilor Lee moved that it recommended to Ms. Freymuth that she annex a 5 acre parcel and that city utilities be extended to her as soon as she files her annexation paperwork.
Mrs. Wurst seconded and it carried with a unanimous 3-0 vote.
Mr. Blair then called attention to a storm sewer on short road that isn’t working properly. Mr. Rains was going to have engineering look into the issue. Mayor Metz stated that if the city were responsible for the damage that they city will repair it.
Mr. Blair stated that he would take this to his client but restated his previous position and stated that the city should enact an ordinance rather than relying upon a policy.
At this time, Councilor Lee had to leave for another commitment, Mr. Blair and Mr. Zwiebel left as well.
Chairman Fisher asked the question of Mr. Rains as to why Walmart was no longer carrying city trash bags and Mr. Rains replied that it was a corporate decision from Walmart to not sell city trash bags.
The conversation then turned to a proposal that has been made to the city by a provider of solar energy to purchase a 10 acre parcel of land next to our current solar field to build a new solar field.
Under the proposal, the solar developer would purchase the property, install a 3MW solar field and offer the power to the city under a Power Purchase Agreement for a set price with the agreement that at the end of the Power Purchase Agreement, the city would own the land.
The proposal also included a stipulation that the developer would include 3-5MW of battery backup power to aid the city in the event of an outage.
Councilor Wurst moved that it be recommended to council that we proceed with the agreement with the solar developer. Councilor Fisher seconded the motion and it passed with a unanimous 2-0 vote.
Councilor Wurst then moved that legislation be prepared that will memorialize the city’s longstanding policy of not extending city utilities outside of the city limits without annexation. Councilor Fisher seconded the motion and it passed with a unanimous 2-0 vote.
Mr. Graf asked if a cost recovery was estimated for the 5 acres of land. Mr. Fisher replied, yes, and Mrs. Wurst added that this calculation was approximately $4000.
Mr. Neumeier asked if there was a fixed cost of the solar field to the city. Mr. Fisher replied no, and that the committee is only recommending negotiations at this point. Mr. Neumeier asked for the location of the 10 acre parcel. Mr. Rains answered, north of the existing solar field, and east of the railroad track.
Ms. Barber noted that it is odd and over-reaching for a Council Committee to make a recommendation to a person. Mr. Fisher clarified that this was not the intention of the committee, but rather to indicate that the committee’s ruling that annexation would be required would have to stand.
Ms. Barber asked if the email exchange between Rex Katterheinrich and Mayor Metz was available. Mayor Metz replied, yes. Mr. Neumeier asked if Mr. Katterheinrich mentioned anything about the requirement of annexation. Mayor Metz clarified that the letter Mr. Katterheinrich sent to Ms. Freymuth was for the purpose of informing her about the work that was going on near her property at the time, and to advise that there would be a tap located there should she need it, but also did not suggest that anything was free, nor did it suggest any sidestepping of requirements for use of the tap.
Guest Petitions –
Dick Brorein of 1024 Stonegate Court, Wapakoneta spoke to Council about his opposition to putting the word ‘Wapakoneta’ on the Interstate 75 bridge. Mr. Brorein submitted photos of the current state of the exit ramp area to Council, noting the tall grass and weeds. Mr. Brorein stated that though he does feel the area needs beautified, he disagrees with spending money to put the name of our city on the bridge. Mr. Brorein asked why the public was not given a copy of the plans for the bridge work. Mr. Doll replied that he mailed Mr. Brorein a copy of the plans, and the photos of the proposed bridge work have been available at all Council meetings since July 20, 2015. Mr. Doll explained that the photos do not reflect the amendment to the ordinance to only include the word ‘Wapakoneta’, however. Mayor Metz added that some of the tall grass and weeds in Mr. Brorein’s photos are within the state right-of-way and must be handled by the state. Mrs. Wurst explained to Mr. Brorein that the majority of Council voted for Ord 2015-27, and unless a Councilmember proposes legislation to repeal Ord 2015-27, the word ‘Wapakoneta’ is going to be placed on the bridge. Mr. Neumeier stated that there is no lodging tax currently, therefore the city is obligated to pay the $81,000 out of the general fund.
Mr. Brorein then asked Mayor Metz why he did not stop the proceedings of Ord 2015-27 due to the close vote of Council on the matter. President Pro Tem Wurst asked Mr. Brorein to please address questions to Council, as Mayor Metz is a guest at the Council meetings. Mr. Doll added that just because a vote is close does not mean that Mayor Metz can step in and declare a re-vote. President Pro Tem Wurst invited Mayor Metz to answer Mr. Brorein’s question. Mayor Metz agreed to answer, and stated that one of the Mayor of Wapakoneta’s main purposes is to ensure that the Ordinances, rules and regulations passed by the legislative body of the city are enforced. Mr. Brorein summarized that if he were Mayor, he would have stopped the Ordinance in order to have a closer look at the matter before deciding on it.
Mr. James Blair of 7227 Harding Highway, Lima and attorney for Nancy Freymuth of 13140 County Road 25A, spoke to council regarding Ms. Freymuth’s request for a sanitary sewer line hookup at herresidence. Mr. Blair stated that he attended the 9-17-2015 Utilities Committee meeting and has reviewed the information and recommendations given by said committee to his client, Nancy Freymuth. Ms. Freymuth is requesting that Council vote on whether or not to permit her to tap into the sanitary sewer line without requiring her to annex into the City of Wapakoneta. Mr. Blair stated that it is his client’s positon that the Ohio Administrative Code makes it clear that an Ordinance must exist to require the annexation, and the City of Wapakoneta does not have such an Ordinance. President Pro Tem Wurst explained that a councilmember must make a motion to take a vote on the matter.
Mr. Fred Zweibel of 14941 Fox Ranch Road, Wapakoneta, addressed Council regarding Ms. Freymuth’s request for the sanitary sewer line hookup. Mr. Zweibel stated that he contacted the Ohio Attorney General’s office about the matter. Mr. Zweibel added that the City of Wapakoneta needs to have Ordinances and laws in place rather than making decisions based on past policies.
Unfinished Business –
Mrs. Wurst stated that at the 09-14-2015 Council meeting, Council passed a motion to form an ad-hoc committee to establish legislation for a municipal lodging tax. Mrs. Wurst clarified that President Steve Henderson has the authority to appoint councilmembers to committees, and he did so by appointing Mr. Fisher as chairperson of the ad-hoc committee, and Chad Doll and Dan Graf as ad-hoc committee members. Mrs. Wurst also clarified that there is no rule stating that President Henderson must do said appointing in public, but added that the information was published in the Wapak Daily News prior to Council being informed as a whole about whom he appointed. Mr. Fisher added that he would like to apologize to Council that they learned of this information in the newspaper, and that it was never his intention to exclude anyone from the discussion. Mr. Neumeier stated that he feels the minds of the 3 appointed ad-hoc committee members have already been made up, and that a committee should have an open-mind when they have been appointed to help make such decisions for the City. Mr. Neumeier also stated that he felt President Henderson should have discussed the possible committee appointments with all Councilmembers in a public session before said appointments were officially made. Ms. Barber added that she felt President Henderson should have invited anyone interested in said committee to express their interest prior to his selections. Mrs. Wurst reiterated that President Henderson has full authority to make said appointments and that there is no law stating he must do what Mr. Neumeier & Ms. Barber are requesting.
Ms. Barber asked Mr. Faller to clarify what was meant by referencing ‘home rule’ within the 9-17-2015 Utilities Committee meeting minutes, and how it has the ability to override the Ohio Administrative Code. Mr. Faller indicated that he did not say ‘home rule’, and what he was referencing was a subsection in the Administrative Code within the section Mr. Blair had referred to. Mr. Faller added that what he did say was that a City has autonomy based on the precedent set in the past with similar circumstances within a municipality. Ms. Barber again noted that the 9-17-2015 Utilities minutes state “Law Director Faller cited the city’s position that the home rule paragraph in the Administrative Code allows our policy to override the section outlined by Mr. Blair”, and asked Mr. Faller if this statement was incorrect. Mr. Faller then asked if Council is wanting transcripts or minutes of their meetings and committee meetings. Mr. Faller stated that minutes are to reflect what generally occurred at a meeting, not a word for word transcript. Mr. Faller stated that the sentence Ms. Barber read is not word-for-word what he said at the Utilities meeting. Ms. Barber then said she was unclear on what was meant by the term ‘home rule’. Mr. Faller then explained that there are different types of municipalities and though they have to follow general standards and guidelines, they have some autonomy to make decisions that affect them.
Mr. Neumeier asked for an update on the traffic light at CVS Pharmacy. Mr. Rains replied that the light is no longer on the loop and is being controlled by cameras.
Mr. Neumeier asked for an update on the RLF gentleman. Mr. Rains & Mrs. Wurst replied that they have not had contact with him.
Mr. Neumeier asked if the City has met with ODOT regarding the Riverscape Project. Mayor Metz advised that Mary Ruck will be meeting with ODOT in late October or early November, with the informational meeting occurring thereafter.
Mr. Neumeier asked about eradicating the weeds on city streets and property. Mr. Rains advised that he has not received further information yet.
Mr. Neumeier asked the Mayor for a bridge closing update. Mayor Metz replied that ODOT has a maximum number of daysthey list due to the extent of the work and weather conditions, but that less days could end up being the case. Mr. Neumeier asked for the current status from the contractor on when the work will be completed. Mayor Metz replied that the contractor is 1/3 done. Mr. Neumeier asked if the City is keeping up with the state, county and contractors to ensure they know that it is imperative that the bridge be opened back up as soon as possible. Mayor Metz replied, yes. Mr. Neumeier asked if there have been any ramifications with emergency vehicles trying to get through the City in a timely manner. Mayor Metz advised that he will inquire about this at the Department Head meeting and provide Council with an answer.