March 21st, 2016 Council Minutes
Once approved, a link to the official council minutes will be at the bottom.
COUNCIL MINUTES
March 21, 2016
St. Clairsville City Council met in Council Chambers on Monday, March 21, 2016 with the following present
Jim Weisgerber, Council President Terry Pugh, Mayor
Mark Bukmir, Council 3rd Ward Tom Murphy, Planning & Zoning Administrator
Linda Jordan, Council-At-Large Cindi Henry, Finance Director
Beth Oprisch, Council-At-Large Richard Myser, Law Director
Jake Olsavsky, Council, 1st Ward Dennis Bigler, Service Director
Frank Sabatino, Council 2nd Ward Jeff Henry, Police Chief
Mike Smith, Council-At-Large
David Trouten, Council, 4th Ward
The meeting was called to order by Council President Jim Weisgerber
MINUTES
Minutes of the March 7, 2016 regular meeting were distributed to Council. A motion to accept the minutes of the March 7, 2016 meeting was made by Linda Jordan and seconded by Jake Olsavsky.
Roll Call Vote
Bukmir Yes Olsavsky Yes
Jordan Yes Sabatino Yes
Oprisch Yes Smith Yes
Trouten Abstain
Roll Call Vote: Six (6) Yes One (1) Abstain Zero (0) No Motion Approved
CITIZENS HEARING:
Chris Munn, Volunteer Energy
Volunteer Energy is your natural gas provider for your city’s program. I have your annual Community Reinvestment check. This time it came to $7,484.58. Does anybody have any questions or concerns about the program?
Melanie Wollenberg, Equity
We are here to talk about the Senior Suites at St. Clair Commons. Our request tonight is that you pass the Preliminary Plan and the Preliminary Plat that the Planning Commission just recommended to City Council for approval and that you pass it as an emergency. We are anticipating breaking ground three weeks from tomorrow. We are out for bids, we are out for permits. We are closing loans and that lender wants to know that the plans that we are all working with are satisfactory to you in their preliminary form. I am here with Chris Bailey with Quest, the owner/operator of the senior housing, Rick Coley with ECS affiliated with Equity Construction Company. Steve Hermiller and Patrick Berger from Mannik Smith Group. We are here to answer all the hard questions. They are the Civil Engineers that worked closely with us and with Tom Murphy on this project. We are going to talk a little bit about what the project is and who Quest is and some of the projects they have done and I will give you a little refresher on who Equity is although I will keep that because I know you have heard it lots of times. There is a name for this project, Senior Suites at St. Clair Commons. (Gave a slide presentation of the project) Rick Cooley: The Architect of record of this project is St. Louis Design Alliance Architecture of St. Louis, Missouri who did a lot of senior housing. The decided approach to this was to make it residential scale with the roof lines, the window shape & sizes and the positioning and materials all give it a warm feeling. That residential feel is not only on the outside it is also projected for the inside. Chris Bailey: I represent the Owner and Operator so I am the one who gets to make this work from now to how many years. The logo. We heard that St. Clairsville had a nickname of “Paradise on the Hilltop” we are using the bird of paradise flower. The Senior Center will have a large dining room two stories tall. It also has a pub and you can watch the cook making your meal. Another thing they have is a full theatre. It has nice leather reclining power chairs. There is also therapy, hair care, a lounge, a game room, a chapel, and an activities room. David Trouten: How many assisted living and how many independent living? Chris Bailey: There will be 80 assisted living and 20 independent. David Trouten: One person per unit? Chris Bailey: If we put one person per unit we will have 100 but we have four rooms on each wing that can be double occupied because they are larger. We can have actually up to 120 occupants. Beth Oprisch: What is the age? Chris Bailey: Probably 85 plus. That is what we see in our existing facilities. David Trouten: Are you planning on drawing from just this area here. Chris Bailey: Sure, there should be plenty, I only looked at a 30 minute drive time with 15 minutes being my primary target and 30 minutes secondary. There are some underserved areas south of here. There seems to be a market here that is underserved for this level of care. Nursing homes today are $250 to $270 per day for private pay we are talking about $130 to $140 at most. Jim Weisgerber: What about the number of employees you will have. Chris Bailey: About 60 people. Melanie Wollenberg: He does have people already wanting to live here. Chris Bailey: We will be ready for sign up very soon. David Trouten: Are you just this project? You are not the wellness center? Melanie Wollenberg: No Equity is the developer of the 94 acres and with Chris we are co-developing and Quest will own the senior housing facility. Beth Oprisch: Will the employees be local? Chris Bailey: Yes the employees will all be local. My first task was to find a good administrator locally. Mark Bukmir: I noticed you did not have any sites in West Virginia why is that? Chris Bailey: For a long time from the Nursing Home side of things there were some barriers to get into the State of West Virginia. The way the Department of Health reimbursement worked. That has kind of opened up now but we just haven’t had the opportunity. This isn’t one that we sought out, Equity sought us out but we are very happy about how it has worked. Very pleased with what Equity has done what the Architects they have done a fantastic job. In the past we have had to do a lot more of the leg work, this time we are not. They are able to meet our expectations. We want good facilities. Tom Murphy: The Planning Commission did meet tonight and you have a report based on that Planning Commission Meeting. It is a great project and we would like to see it move forward. The Planning Commission in a nut shell did recommend approval of the Preliminary Plat & Plan with the conditions and variances as outlined in Exhibit A. Except for the condition that references the TIF that is on the first page the seventh bullet point that the TIF agreement that includes the Senior Living Facility be approved by all parties. The Planning Commission approved Exhibit A with that removed. It was voted on by the Planning Commission. They recommended in favor by four to one. With those conditions addressed, there is a lot of them, many of them are in reference to the final engineering plans that must be submitted and approved to the city. Some of that is still being worked on. One is that the water line has to be moved, Equity is aware of that. The sewer lift station location and drawing is still being worked on we don’t have all the final drawings that we need that was a condition of approval. The TIF agreement, they took that out. They were fine with the variances that were proposed those variances addressed building height, lot frontage and lot width and the city is fine with those variances as well. Another condition that is important is the city has an option to purchase a piece of property at the end of Dorothy place. There is a 20’x40’ section that stops short of the West property line that has to be finalized before the preliminary plat and plan can be approved. David Trouten: Why is that? Dennis Bigler: It is anticipating street extensions and we can adjust grade between the streets. David Trouten: Why was the TIF part taken out? Tom Murphy: The reason they asked that be taken out first off Melanie requested it and the Planning Commission agreed that was more finance related than plan & plat related and I can understand where they are coming from. Melanie Wollenberg: It is just simply a separate issue that will be back in a couple of weeks before this body for you to rule on that separate from this plat and plan request. David Trouten: But the plat & plan originally had that in it but the TIF for some reason did not go through. Tom Murphy: If the TIF didn’t go through the preliminary plat & plan would not be approved, however Equity could go through with the plan rather than financing it through the TIF Rob Stein or Equity could put those improvements in with their own funds. In that case that condition would go away anyway. Melanie Wollenberg: In the unlikely event that we have approval for the plat and plan this evening and the TIF does not go through which is unlikely due to the meetings we had with the School Board today. The plat & plan approval that you give us tonight would simply expire. Tom Murphy: One option is no structures are started until the final plat is approved that is part of our code and a full time inspector paid for by the developer. The city would choose that inspector. The preliminary plat & plan are not approved until those conditions are met. That option has to be finalized, the lift station and drawings have to be finalized. Anything I mentioned have to be finalized and meet all those conditions. David Trouten: The Planning Commission voted 4 to 1, what was the concern of the one? Tom Murphy: The one that was opposed lives in that area and wished he could see more information. That is my interpretation of his concerns. He wanted more information and wanted to see where other things might be located. Melanie’s response was on the other lots nothing has been finalized yet so we can’t tell you definitely where the multifamily might be, where the Wellness Center might be. David Trouten: Does the plat designate those other sites? Tom Murphy: The plat doesn’t it just subdivides the property. David Trouten: The whole big chunk. The Senior Living Facility sits on about 11 acres of the 94? Melanie Wollenberg: 11.8 acres. David Trouten: But this plat covers all of that? Tom Murphy: Right. The plat takes the 94 acre parcel and divides it into five lots. Melanie Wollenberg: I did talk to the Planning Commission Member who voted no. Beth Oprisch: So the major concern for the person who voted no was that he didn’t have enough time? Tom Murphy: He has been a Planning Commission member for many years. He was involved in 2014 when the Planning Commission made a recommendation to Council to approve the preliminary plat & plan with conditions so he is familiar with the project. He did say he wished he had seen more information but there is also a water tower site there too and he was kind of concerned with the water tank. A water tank will improve the water flow in that area, they will have better water pressure. The big picture is it is essential for the city to operate not only for that development but the entire community. One of our current water tanks is going to expire soon. Beth Oprisch: Is he the only one on the Planning Commission who is from that area? Tom Murphy: Yes. David Trouten: Where is the water tank going to go? (Rick Coley showed the spot on the map) Melanie Wollenberg: He actually apologized to me on his way out and said I would like St. Clairsville to stay the way it has been. Which is an understandable thing. I am from Dublin Ohio from way back before all the development and I understand the sentiment. Dennis Bigler: Of course this is being done as a Planned Unit Development so it isn’t that we don’t take a real hard look at trying to keep things blending between acreages here. Usually it is just the opposite that we are being too strict all the time. And here is somebody is not sure we are strict enough. Melanie Wollenberg: Our engineering team can attest to their being strict. Tom Murphy: The location as Rick mentioned is really the high point on the lot. It is the best lot, engineering wise it is the best location for it. The city is not going to allow for anything that is going to be detrimental to the community. There are luckily trees and wooded area that will hide that water tank the majority of the year. Melanie Wollenberg: The land owner did dedicate a tract of land for the future water tower when it is needed. Dennis Bigler: That was the preferred site for a water tower back in the 80’s instead of where the new water tower sits now. We didn’t have the money to do it back then nor did we have the land. But from a system planning standpoint long before we knew anything about this project that was the preferred site for the new water tank. Jim Weisgerber: If there are no more questions I would like to move on with Ordinance No. 2016-17.
There was presented and read to Council on its first reading by title only, ORDINANCE NO. 2016-17; AN ORDINANCE ACCEPTING THE PRELIMINARY PLAT FOR THE ST. CLAIR COMMONS SUBDIVISION AND PRELIMINARY PLAN FOR THE ST. CLAIR COMMONS SENIOR LIVING FACILITY WITH CONDITIONS OUTLINED BY THE CITY OF ST. CLAIRSVILLE’S PLANNING COMMISSION INCLUDING ELIMINATING THE CONDITION REGARDING THE TIF AND DECLARING AN EMERGENCY. Jake Olsavsky moved that the rules requiring ordinances and resolutions to be read on three separate readings be suspended and declaring an emergency; Mike Smith seconded the motion.
Roll Call Vote
Bukmir Yes Olsavsky Yes
Jordan Yes Sabatino Yes
Oprisch Yes Smith Yes
Trouten Yes
Roll Call Vote: Seven (7) Yes Zero (0) No Motion Approved
There was presented and read to Council on its third and final reading by title only, ORDINANCE NO. 2016-17. A motion was made by David Trouten and seconded by Jake Olsavsky that Ordinance No. 2016-17 be passed by Council.
Roll Call Vote
Bukmir Yes Olsavsky Yes
Jordan Yes Sabatino Yes
Oprisch Yes Smith Yes
Trouten Yes
Roll Call Vote: Seven (7) Yes Zero (0) No Motion Approved
Ordinance No. 2016-17 was declared adopted.
REPORTS
Service Director, Dennis Bigler
I will give my time to a second friend of the city who is sitting in the back of the room. He has a long drive to the Cincinnati Area. This is something that Cindi and I have been working on with Andy Brossart with the firm William Blair. We are talking about financing an issue that was done here several years ago. Andy Brossart: Good evening, as Dennis said I am Andy Brossart of William Blair. We are a broker dealer that specializes in Municipal Bonds. We have been working with the city for 18 years or so. Our job is to identify opportunities to refinance debt, save some money. In this case we are looking at the 2007 bonds. Unlike your mortgage that you can refinance whenever you want we have to be selective about bonds because there is call protection. In this case there is a 10 year call protection. We are coming up on it soon so given where interest rates are at the discussion is out in the market as to where interest rates may be heading. We talked about it last year. The numbers didn’t really make sense. With all the work Cindi has been doing related to the financials we are probably at the point now where we want to take a look at this opportunity for the city. There are very low interest rates and the view point is that they are not going to go any lower. So maybe it is a good idea to take a look at this now. These bonds are tax exempt to the investor. They are fixed rate bonds. We still have time to get this done before the expected June rate hike. The bond issue in 2007 did a lot of things. Currently outstanding is about 5.2 million dollars in bonds. The final payment is 2032. We are not changing that you can’t go longer but you could go shorter. We are going to keep it where it is. We are getting the preliminary financial statement together. It is pretty thick it has demographics of the city, financial statements. Once it is ready to go we will have a ratings call with Moody’s . They will do an independent analyze. They will give the City a rating credit. We should be in the A category. There has been a lot of improvement over the last few years in the finances. We feel good about that and once that report is a published document you will get a report of what that document says. The investor also uses it as to how to grade where we are pricing the bonds at. No risk to the city just taking advantage of a chance to save some money.
Dennis Bigler: Andy is shifting gears a little bit back to the TIF Andy is working with Greg Daniels on our behalf on the TIF. For the St. Clair Commons project.
Mayor, Terry Pugh
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I am sure there are a few pot holes out there. I t was a mild winter but it appears the winter just won’t go away. We are looking forward to doing patching but hot patch will be available in the very near future. Warm weather will come the plants will open up and it will be money better spent fixing pot holes.
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On March 24, 1891 the Ohio House and Senate passed an Ordinance permitting St. Clairsville to build a power plant. They started first to supply electric for street lights and then they signed contracts with home owners and then businesses. So Thursday electric will have been in business 125 years. I was hoping Donnie would be here tonight to ask him how it was back in those days. That is something we are very proud of especially where our electric department has gone over the years and how it has to be one of the premier departments anywhere in the Country.
Police Chief, Jeff Henry
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Richard has prepared an ordinance on the Civil Service Testing raising the age limit for prospective candidates. I would appreciate getting it passed tonight so we can get it advertised.
Finance Director, Cindi Henry
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Regarding Resolution No. 2016-16 this is the Volleyball Grant that was received by the Recreation Department. This money will be receipted in and once the paperwork is returned from the County Auditor certifying it to the volleyball fund it will then be put back in the General Fund where it originated back in 2013.
Planning & Zoning Administrator, Tom Murphy
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One other item besides what we already talked about. There is a Planning Commission meeting being set up for Monday, May 2nd. We received a request from Jack Malik requesting that a 1.7 acre portion of the property that he owns at the corner of South Marietta & High Streets be rezoned from CD Corridor District to OI Office & Institution District. Hull & Associates an Engineering Firm in town have interest in utilizing that property for office use for their business.
COUNCIL COMMITTEES
Finance, David Trouten
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Committee met tonight you all received reports. We talked about the grant money that Cindi received. That is a $22,000 grant we are getting for work already done. We also talked about diverting some of that money to finish that project because that is also supposed to be a basketball court and some lighting.
Utilities, Frank Sabatino – No Report.
Police, Mark Bukmir – No Report
Street North Side, Jake Olsavsky – No Report
Street South Side: Linda Jordan – No Report
Safety, Beth Oprisch – No Report
Building & Grounds, Mark Bukmir
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We will have a short meeting with Mr. Bigler and Mr. Weisgerber after this meeting
Planning Commission, Mike Smith – No Report, we covered a lot tonight
Fire District, Frank Sabatino
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Next meeting will be Wednesday, March 23rd at 3:00 in the Main Station
Recreation, David Trouten
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The meeting today was canceled.
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You all got a copy of the Summer Concert Series. Lindsay is hoping to invite venders and beef it up a little more than it has been. She wants to take it up to the next level
Park District, Linda Jordan
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Cattrain was scheduled to start today on the electrical work on the shelters. Also the water will be turned on soon and they are planning to do election of officers at the next meeting which is Monday, March 28th The Board is very thankful for the citizens for all the support for the passage of the levy. There were so many positive comments about the park. It was so run down and now it is just gorgeous.
ORDINANCES & RESOLUTIONS:
Law Director, Richard Myser:
The first on that is on the agenda is 2016-10 on its third reading it is for the TIF and it is my understanding that we are not going to read it tonight. We are going to hold off until April 4th. 2016-13 & 2016-14 deal with the bond issue they are both on their second reading. 2016-16 transferring funds will be read for the first time. It can be read as an emergency if Council so chooses. 2016-17 was already passed by Council. 2016-18 this is the Ordinance regarding appointment of a Police Officer if less than Forty-Four years of age. In the City of St. Clairsville we do not have any age requirement for a prospective candidate for police officer. The Ohio Revised Code says you can’t sit for the test if you are older than thirty five years of age. The Police Chief and the Police Committee is proposing that we change that to forty-four no other changes. It can be passed on an emergency if so desired. 2016-19 is authorizing the Director of Public Services to purchase two additional ½ ton pickup trucks also declaring this to be an emergency. Dennis Bigler: These are for the Water Plant and the Water Superintendent, the Water Superintendent’s used truck will go to the Recreation Department. Beth Oprisch: When you say his truck tell me what you mean. Dennis Bigler The truck that he drives on a daily basis. Beth Oprisch: Does he take it home? Dennis Bigler: No, none of our people drive their trucks home. Richard Myser: 2016-20 is to replace the chemical building at the water plant. Dennis Bigler: The chemical building at the water plant is in bad condition. Two years ago the City hired an architect devised plans to replace that building. We were putting in a few windows, instead of using steel siding which we have had some problems with the corrosion down there over the years, we were using hardy plank and the bid was over $200,000 for that. The Architectnect had an estimate of $70,000. So we have let it set for a couple of years. When Scott Brown came onboard with us he said can I go out and take a look at pricing for that building, if it is under $50,000 we wouldn’t necessarily have to bid it. I encouraged him to do so. Morton Building is a big national manufacturer of pre fab buildings and their price is around $36,700 and Morton is a very good building. David Trouten: We are replacing it completely with a pre-fab? Dennis Bigler: yes Jim Weisgerber. Aare you putting it in the same spot? Dennis Bigler: Yes. Mark Bukmir: My concern is where is the money coming from for that? Dennis Bigler: Water Department. Mark Bukmir: Do we have the money Cindi? Cindi Henry: I don’t know if we do have it in the Water Department but we still have money in the Capital Improvement Fund. Mark Bukmir: There is no doubt in my opinion that building needs replaced. Cindi Henry: In the big picture this is nothing money wise. Mayor Pugh: This is a job that should have been done quite a few years ago. Jim Weisgerber: Morton was advertising about a month ago for end of the year sales so this is probably the best time if you are going to do it.
There was presented and read to Council on its second reading by title only, ORDINANCE NO. 2016-13; APPROVING A WRITTEN POST-INSURANCE COMPLIANCE POLICY IN CONNECTION WITH THE ISSUANCE OF TAX-EXEMPT AND TAX-PREFERRED OBLIGATIONS BY THE CITY OF ST. CLAIRSVILLE.
There was presented and read to Council on its second reading by title only, ORDINANCE NO. 2016-14; AUTHORIZING THE ISSUANCE OF BONDS IN THE AMOUNT OF NOT TO EXCEED $5,400,000 FOR THE PURPOSE OF ADVANCE REFUNDING A PORTION OF BONDS ISSUED IN APRIL 2007 FOR THE PURPOSE OF (1) PAYING THE COST OF CONSTRUCTING A GARAGE FOR THE USE BY THE CITY’S ELECTRIC SYSTEM; (2) PAYING THE COSTS OF IMPROVEMENTS TO THE CITY’S SANITARY SEWER SYSTEM; (3) PAYING THE COSTS OF IMPROVEMENTS TO THE CITY’S WATER SYSTEM; (4) PAYING THE COSTS OF IMPROVEMENTS TO THE CITY’S RECREATIONAL FACILITIES: (5) PAYING THE COSTS OF CONSTRUCTING AND IMPROVING BICYCLE TRAILS; (6) PAYING THE COSTS OF IMPROVEMENTS TO THE CITY’S WASTEWATER SYSTEM; (7) PAYING THE COSTS OF ACQUIRING, CONSTRUCTING AND INSTALLING AN ELECTRICAL SUBSTATION, INCLUDING THE SITE ACQUISITION AND ENGINEERING COSTS ASSOCIATED THEREWITH; (8) PAYING THE COSTS OF ACQUIRING, CONSTRUCTING AND INSTALLING AN ELECTRIC SYSTEM SUBSTATION AND LAND ACQUISITION; (9) PAYING THE COSTS OF ACQUIRING A SLUDGE TRUCK AND TANKER FOR USE BY THE SEWER DEPARTMENT; (10) PAYING THE COSTS OF CONSTRUCTING AND INSTALLING A ROOF FOR THE RECREATION CENTER; AND (11) PAYING THE COSTS OF ACQUIRING A LINESTRIPER FOR USE BY THE STREET DEPARTMENT, AND AUTHORIZING AND APPROVING RELATED MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS.
There was presented and read to Council on its first reading by title only, RESOLUTION NO. 2016-16; A RESOLUTION TO INCREASE PERMANENT APPROPRIATION AND REPAY AN ADVANCE FOR THE NORMAL EXPENSES AND OTHER EXPENDITURES OF THE CITY OF ST. CLAIRSVILLE, STATE OF OHIO FOR THE PERIOD OF JANUARY 1, 2016 THROUGH DECEMBER 31, 2016.
There was presented and read to Council on its first reading by title only, ORDINANCE NO. 2016-18; AN ORDINANCE ALLOWING POLICE OFFICERS TO RECEIVE AN ORIGINAL APPOINTMENT IF LESS THAN FORTY-FOUR (44) YEARS OF AGE AND DECLARING AN EMERGENCY. David Trouten moved that the rules requiring ordinances and resolutions to be read on three separate readings be suspended and declaring an emergency; Linda Jordan seconded the motion.
Roll Call Vote
Bukmir Yes Olsavsky Yes
Jordan Yes Sabatino Yes
Oprisch Yes Smith Yes
Trouten Yes
Roll Call Vote: Seven (7) Yes Zero (0) No Motion Approved
A motion was made by David Trouten and seconded by Beth Oprisch that Ordinance No. 2016-18 be passed by Council.
Roll Call Vote
Bukmir Yes Olsavsky Yes
Jordan Yes Sabatino Yes
Oprisch Yes Smith Yes
Trouten Yes
Roll Call Vote: Seven (7) Yes Zero (0) No Motion Approved
Ordinance No. 2016-18 was declared adopted
There was presented and read to Council on its first reading by title only, ORDINANCE NO. 2016-19; AN ORDINANCE PROVIDING AUTHORIZATION TO THE DIRECTOR OF PUBLIC SERVICES TO PURCHASE TWO (2) ½ TON PICKUP TRUCKS UNDER THE COOPERATIVE PURCHASING PROGRAM, AUTHORIZING AN EXPENDITURE IN EXCESS OF $25,000.00 AND DECLARING AN EMERGENCY. David Trouten moved that the rules requiring ordinances and resolutions to be read on three separate readings be suspended and declaring an emergency
Roll Call Vote
Bukmir Yes Olsavsky Yes
Jordan Yes Sabatino Yes
Oprisch Yes Smith Yes
Trouten Yes
Roll Call Vote: Seven (7) Yes Zero (0) No Motion Approved
There was presented and read to Council on its third and final reading by title only, ORDINANCE No. 2016-19. A motion was made by Linda Jordan and seconded by Jake Olsavsky that Ordinance No. 2016-19 be passed by council.
Roll Call Vote
Bukmir Yes Olsavsky Yes
Jordan Yes Sabatino Yes
Oprisch Yes Smith Yes
Trouten Yes
Roll Call Vote: Seven (7) Yes Zero (0) No Motion Approved
Ordinance No. 2016-19 was declared adopted.
There was presented and read to Council on its first reading by title only, ORDINANCE NO. 2016-20; AN ORDINANCE AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC SERVICES TO ACCEPT THE QUOTE FOR THE CONSTRUCTION OF A BUILDING BY MORTON BUILDINGS, INC. FOR THE CITY’S WATER DEPARTMENT AND AUTHORIZING AN EXPENDITURE LESS THAN $50,000.00 AND DECLARING AN EMERGENCY. Linda Jordan moved that the rules requiring ordinances and resolutions to be read on three separate readings be suspended and declaring an emergency; Frank Sabatino seconded the motion.
Roll Call Vote
Bukmir Yes Olsavsky Yes
Jordan Yes Sabatino Yes
Oprisch Yes Smith Yes
Trouten Yes
Roll Call Vote: Seven (7) Yes Zero (0) No Motion Approved