SANDUSKY CITY COMMISSION REGULAR
Transcription
SANDUSKY CITY COMMISSION REGULAR
SANDUSKY CITY COMMISSION REGULAR SESSION AGENDA December 22, 2014 at 5 p.m. City Hall, 222 Meigs Street INVOCATION PLEDGE OF ALLEGIANCE CALL TO ORDER ROLL CALL APPROVAL OF MINUTES AUDIENCE PARTICIPATION PRESENTATION Dick Brady W. Poole, N. Twine, J. Smith, D. Murray, J. Farrar, D. Brady & S. Schell December 8, 2014 Agenda items listed below only (3 minute limit) Fire Chief Dave Degnan, Introduction of Captain Adam Butler & Lieutenant Christopher Bodle Motion to accept all communications submitted below COMMUNICATIONS CURRENT BUSINESS PASSED AT FIRST READING 12.8.14 ITEM #1 – Submitted by Jane E. Cullen, P.E. WASTE WATER TREATMENT PLANT BAR SCREEN REHABILITATION PROJECT Budgetary Information: The engineer’s estimate for the total project cost including engineering, inspection, advertising and miscellaneous expenses is $499,455 and will be funded by the sewer fund with partial reimbursement from Erie County per the sewer services agreement. RESOLUTION NO. : It is requested a resolution be passed declaring the necessity for the city to proceed with the proposed Waste Water Treatment Plant bar screen rehabilitation project; approving the specifications and engineer’s estimate of cost thereof; and directing the city manager to advertise for and receive bids in relation thereto. ITEM #2 ‐ Submitted by Amanda Meyers, Paralegal ACCEPTANCE OF ONE PARCEL THROUGH THE LAND REUTILIZATION PROGRAM Budgetary Information: The cost of acquisition will be approximately two hundred twenty eight dollars and fifty cents ($228.50), which includes a title exam, title fees, recording fees and transfer fees, which will be recouped by the city upon sale. There are currently no delinquent taxes or assessments owed on the parcel. RESOLUTION NO. : It is requested a resolution be passed approving and accepting certain real property, identified as Parcel #60‐00043.049 located at 717 Walnut Ridge Lane, as a gift of deed for acquisition into the land reutilization program; and declaring that this resolution shall take immediate effect in accordance with Section 14 of the city charter. ITEM #3 – Submitted by Hank S. Solowiej, C.P.A. & Finance Director AMENDMENT #2 TO 2014 GENERAL APPROPRIATIONS Budgetary Information: This action will cover anticipated expenditures through December 31, 2014. The last payroll occurs on December 26, 2014, with the final city commission meeting on December 22, 2014. The agenda deadline occurs before the final payroll costs can be determined. The amendment needs to cover final payroll and other projected costs through December 31, 2014. THE ORDINANCE WILL BE AVAILABLE AT THE MEETING ITEM #4 – Submitted by Hank S. Solowiej, C.P.A. & Finance Director TEMPORARY APPROPRIATIONS FOR JANUARY, FEBRUARY & MARCH, 2015 Budgetary Information: This action will establish a budget for operations until the annual appropriations can be approved after the second Monday in January, 2015. The city charter prohibits the city from enacting the 2015 budget before January 12, 2015. ORDINANCE NO. : It is requested an ordinance be passed to make temporary appropriations for the months of January, February and March, 2015, and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. ITEM #5 – Submitted by Hank S. Solowiej, C.P.A. & Finance Director TRANSFER OF FUNDS TO THE PAYROLL STABILIZATION FUND Budgetary Information: The agenda deadline occurs before the amount can be determined. The resolution, along with the amount, will be available at the meeting. RESOLUTION NO. : It is requested a resolution be passed authorizing the transfer of funds from the general fund to the payroll stabilization fund; and declaring that this resolution shall take immediate effect in accordance with Section 14 of the city charter. ITEM #6 – Submitted by Kelly L. Kresser, CMC & Commission Clerk REPLACEMENT PAGES FOR CODIFIED ORDINANCES FOR THE CITY OF SANDUSKY Budgetary Information: The cost of the revisions for the codification supplements and updating the Code on the internet will be taken from the contractual services line item in the Commission’s budget (50%), sewer funds (25%), and water funds (25%). This item is appropriated each year. ORDINANCE NO. : It is requested an ordinance be passed to approve current replacement pages to the Sandusky Codified Ordinances for the period July, 2013 through December, 2014; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. ITEM #7 – Submitted by Jane E. Cullen, P.E. CONTRACT WITH SPEER BROTHERS, INC. FOR WATER STREET REHABILITATION & PAVING PROJECT Budgetary Information: The engineer’s estimate for the total project cost including engineering, inspection, advertising and miscellaneous expenses is $1,361,128.01. The MPO will fund 80% of the eligible costs in the amount up to $993,053.20. The Sewer Funds will cover $33,390.25, Water Funds will cover $33,390.24, Community Development Block Grant Funds (CDBG) will cover $42,680.00. The City received an Ohio Public Works Grant (OPWC) which will cover the remaining expenses in the amount of $2 58,614.32. ORDINANCE NO. : It is requested an ordinance be passed authorizing and directing the city manager to enter into a contract with Speer Brothers, Inc., of Sandusky, Ohio, for the Water Street rehabilitation and paving project; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. ITEM #8 – Submitted by Jane E. Cullen, P.E. EXPENDITURE OF ADDITIONAL FUNDS FOR PERKINS AVENUE & MILAN ROAD INTERSECTION IMPROVEMENT PROJECT Budgetary Information: The city has already issued a check to the State of Ohio in the amount of $236,880. The balance of the cost is $28,790 and will also be paid with water funds. ORDINANCE NO. : It is requested an ordinance be passed approving and ratifying the expenditure of additional funds in the amount of $28,790 for the Ohio Department of Transportation’s Perkins Avenue and Milan Road intersection improvement project, PID #84556; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. ITEM #9 – Submitted by Jane E. Cullen, P.E. CONTRACT WITH ERIE BLACKTOP FOR COLUMBUS AVENUE, PHASE 2, RESURFACING PROJECT Budgetary Information: The cost of the project based on bids, including engineering, inspection, advertising and miscellaneous costs is $467,346.37. The local public authority project will be funded with Federal Highway Administration funding through the Ohio Department of Transportation and the Erie County Metropolitan Planning Organization in the amount of eighty percent of the eligible costs in the amount of $368,882.53. The city’s share of the costs will be funded by the sewer fund in the amount of $35,695 and Community Development Block Grant (CDBG) funds in the amount of $62,768.85. Although the project must be awarded by February, 2015, the city cannot enter into a signed agreement until CDBG Funds are available in the 2015 – 2016 fiscal year. ORDINANCE NO. : It is requested an ordinance be passed authorizing and directing the city manager to enter into a contract with Erie Blacktop, Inc., of Sandusky, Ohio, for the Columbus Avenue, Phase 2 resurfacing project. ITEM #10 – Submitted by Jane E. Cullen, P.E. CHANGE ORDER #1 FOR THE CAMP STREET UNDERPASS REHABILITATION PROJECT Budgetary Information: The change order #1 will increase the contract with Schirmer Construction by $33,720.05. The current contract amount with Schirmer Construction is $1,774,110. The revised contract amount including Change Order #1 is $1,807,830.05. ODOT will pay eighty percent of exploratory waterline excavation in the amount of $1,013.12. The remaining balance for this item, as well as the capping for the existing water line, is the city’s responsibility in the amount of $32,706.93 which will be paid with water funds. ORDINANCE NO. : It is requested an ordinance be passed authorizing and directing the city manager to approve the first change order for work performed and to be performed by Schirmer Construction, LLC of North Olmsted, Ohio, for the Camp Street underpass rehabilitation project in the amount of $33,720.05; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. ITEM #11 – Submitted by Victoria Kurt, Recreation Program Supervisor RATIFICATION OF GRANT APPLICATION TO ERIE COUNTY COMMUNITY FOUNDATION Budgetary Information: There is no budgetary impact. The grant requires no matching funds from the city and will be used as partial funding for the cost of the project. RESOLUTION NO. : It is requested a resolution be passed approving and ratifying a grant application submitted to the Erie County Community Foundation for the Community Links Internship program for the Recreation Department; authorizing the city manager to execute any required agreements; and declaring that this resolution shall take immediate effect in accordance with Section 14 of the city charter. ITEM #12 – Submitted by Kelly L. Kresser, CMC & Commission Clerk A request has been received from the Ohio Division of Liquor Control for the transfer of D2 (Wine and mixed beverages for on premises consumption or in original sealed containers for carryout only until 1 a.m.), D2X (Grandfathered Permit, Beer only for on premises consumption or in original sealed containers for carryout only until 1 a.m.), and D3 (Spirituous liquor for on premises consumption only until 1 a.m.) liquor permits from Barbara L. Kersker dba Camp Street Bar to Old Camp Street Tavern LLC dba Ole Camp Street Tavern, 1040 Camp Street, Sandusky. It is requested the commission clerk notify the Ohio Division of Liquor Control the city has no objection to this request. ITEM #13 – Submitted by Kelly L. Kresser, CMC & Commission Clerk A request has been received from the Ohio Division of Liquor Control for the transfer of D1 (Beer only for on premises consumption or in original sealed containers for carry out only until 1 a.m.), D2 (Wine and mixed beverages for on premises consumption or in original sealed containers for carryout only until 1 a.m.), D3 (Spirituous liquor for on premises consumption only until 1 a.m.), D3A (Extend issued permit privileges until 2:30 a.m.), and D6 (Sale of intoxicating liquor on Sunday between the hours 10 a.m. or 11 a.m. and midnight) liquor permits from Cabana Bob LLC dba Margaritaville to 212 Fremont LLC dba Original Margaritaville, 212 Fremont Avenue and Patios. It is requested the commission clerk notify the Ohio Division of Liquor Control the city has no objection to this request. CITY MANAGER’S REPORT OLD BUSINESS NEW BUSINESS AUDIENCE PARTICIPATION Open discussion on any item (5 minute limit) EXECUTIVE SESSION(S) ADJOURNMENT Buckeye CableSystem broadcasts on Cable Channel 81: Monday, December 22 at 8:30 a.m. Tuesday, December 23 at 5 p.m. Monday, December 29 at 7 p.m. DEPARTMENT OF PLANNING, ENGINEERING & DEVELOPMENT AARON KLEIN, P.E. DIRECTOR 222 Meigs Street Sandusky, Ohio 44870 Phone 419/627-5829 Fax 419/627-5933 [email protected] To: Eric Wobser, City Manager From: Jane E. Cullen, P.E. Date: November 26, 2014 Subject: Commission Agenda Item ITEM FOR CONSIDERATION: Resolution of Necessity for the Wastewater Treatment Plant Bar Screen Rehabilitation Project. There are currently three (4’x29’) conveyor style Aqua Guard Bar/Filter screens at the Wastewater Treatment Plant that were installed in 2002. Due to normal wear and tear they are due for rehabilitation. Their purpose is to remove the larger debris from the sewer water flowing into the treatment plant. The bar screens remove large items that cannot be treated at the plant and prevent damage to other equipment at the plant BUDGETARY INFORMATION: The engineer’s estimate for the total project cost including engineering, inspection, advertising and miscellaneous expenses is $499,455.00 and will be funded by the Sewer Fund with partial reimbursement from Erie County per the Sewer Services Agreement. ACTION REQUESTED: It is recommended that the proposed Wastewater Treatment Plant Bar Screen Replacement Project be approved and that the necessary legislation be passed in order to bid and award the project so that the contractor can order the replacement parts which require a two to three month delivery time. I concur with this recommendation: _____________________________ Eric Wobser City Manager cc: Kelly Kresser, Clerk of City Commission Hank Solowiej, Finance Director _________________________ Aaron M. Klein Director of Engineering RESOLUTION NO.__________ A RESOLUTION DECLARING THE NECESSITY FOR THE CITY TO PROCEED WITH THE PROPOSED WASTEWATER TREATMENT PLANT BAR SCREEN REHABILITATION PROJECT; APPROVING THE SPECIFICATIONS AND ENGINEER'S ESTIMATE OF COST THEREOF; AND DIRECTING THE CITY MANAGER TO ADVERTISE FOR AND RECEIVE BIDS IN RELATION THERETO. WHEREAS, the proposed Wastewater Treatment Plant Bar Screen Rehabilitation Project will provide for the rehabilitation of three (3) conveyor style Aqua Guard Bar / Filter screens at the Wastewater Treatment Plant that remove large debris from the sewer water flowing into the plant to prevent damage to other equipment and rehabilitation is necessary due to normal wear and tear; and WHEREAS, the estimated total cost of this project including engineering, inspection, advertising and miscellaneous costs is $499,455.00 and will initially be paid with Sewer Funds with partial reimbursement from Erie County pursuant to the Sewer Services Agreement; and WHEREAS, this City Commission has determined that the Wastewater Treatment Plant Bar Screen Rehabilitation Project is necessary and will assist in providing for the efficient daily operation of Municipal Departments, including Water and Sewer, of the City of Sandusky, Ohio, and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The specifications and estimates of cost as prepared by the Director of Planning, Engineering and Development and submitted to this City Commission, and which are now on file in the offices of the Director of Planning, Engineering and Development and the Clerk of the City Commission, for the proposed Wastewater Treatment Plant Bar Screen Rehabilitation Project, be and the same hereby are approved by this City Commission. Section 2. This City Commission hereby declares it necessary to proceed with the proposed Wastewater Treatment Plant Bar Screen Rehabilitation Project at the earliest possible time. Section 3. The City Manager is authorized and directed to advertise for and to receive bids in relation to the proposed Wastewater Treatment Plant Bar Screen Rehabilitation Project as required by law. Section 4. If any section, phrase, sentence, or portion of this Resolution is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 5. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Resolution were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. PAGE 2 ‐ RESOLUTION NO.__________ Section 6. That for the reasons set forth in the preamble hereto, this Resolution shall take effect as allowed by law. Passed: ATTEST: DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION KELLY L. KRESSER CLERK OF THE CITY COMMISSION LAW DEPARTMENT DONALD C. ICSMAN LAW DIRECTOR e‐mail: [email protected] 222 MEIGS STREET SANDUSKY, OHIO 44870 PHONE (419) 627‐5852 FAX (419) 627‐5912 TO: Eric L. Wobser, City Manager FROM: Amanda Meyers, Paralegal DATE: December 10, 2014 RE: City Commission Agenda Item ITEM FOR CONSIDERATION: Legislation requesting approval to accept one (1) parcel of nonproductive land situated within the City of Sandusky through the City of Sandusky’s Land Reutilization Program for the purpose of facilitating reutilization of the nonproductive land. It is a vacant lot that will be acquired by gift of deed and placed in the Land Reutilization Inventory until sold. BACKGROUND INFORMATION: Pursuant to Ordinance No. 07‐026 passed June 11, 2007, the City is conducting a Land Reutilization Program in accordance with the provisions of Chapter 5722 of the Ohio Revised Code to acquire vacant and abandoned tax delinquent property with the future goal of productive reuse of the land. The City's ability to assemble land for reuse and redevelopment is critical to stabilizing and rebuilding Sandusky’s neighborhoods and is necessary for neighborhood revitalization. The goal of the City of Sandusky’s Land Reutilization Program is to return abandoned tax delinquent property to productive use that benefits the community. If a property is not producing tax revenues, less money is collected and available for enhancements back in to the community. Also, because the property is abandoned, it is not maintained and often becomes an illegal dumping ground. The City spends thousands of dollars a year maintaining weeds and nuisance conditions on abandoned properties. By returning the property back to a long‐term tax producing status, more revenue is generated and available for community improvements and the City will not have to expend funds to maintain it. The one (1) parcel requested for acquisition has been deemed to be necessary and/or beneficial to the Land Reutilization Program efforts and approved by the following quorum of the Land Bank Committee: 1. Julie Farrar – City Commissioner 2. John Orzech ‐ Chief of Police 3. Stephen Rucker, Fire Marshall 4. Angela Byington, Director of Neighborhood Development and Planning 5. Megan Stookey – Administrative Assistant to the City Engineer RESOLUTION NO.__________ A RESOLUTION APPROVING AND ACCEPTING CERTAIN REAL PROPERTY, IDENTIFIED AS PARCEL NO. 60‐00043.049, LOCATED AT 717 WALNUT RIDGE LANE, AS A GIFT OF DEED FOR ACQUISITION INTO THE LAND REUTILIZATION PROGRAM; AND DECLARING THAT THIS RESOLUTION SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, pursuant to Ordinance No. 07‐026 passed June 11, 2007, the City is conducting a Land Reutilization Program in accordance with the provisions of Chapter 5722 of the Ohio Revised Code; and WHEREAS, it is necessary to acquire the nonproductive land parcels in accordance with the City of Sandusky’s Land Reutilization Program in order to facilitate reutilization of the nonproductive land to support neighborhood revitalization and development within the City; and WHEREAS, the vacant lot requested for acquisition, Parcel No. 60‐00043.049, located at 717 Walnut Ridge Lane in the Cold Creek Subdivision, is being offered to the Lank Bank through gift of deed by the current owners, John and Rebecca Yost who have moved out of the area and have not been able to sell it; and WHEREAS, the vacant lot, Parcel No. 60‐00043.049, located at 717 Walnut Ridge Lane in the Cold Creek Subdivision, has been deemed to be necessary and/or beneficial to the Land Reutilization Program efforts and approved by the Land Bank Committee and will be held in the Land Bank while the other parcels are acquired and a new development plan for the subdivision is established; and WHEREAS, the cost for acquisition will be approximately $228.50, which includes title exam, title fees, recording fees and transfer fees which will be recouped by the City upon sale of the property; and WHEREAS, this Resolution should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City in order to promptly execute the closing within (30) days as usual and customary in the sale of real estate; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio, finds that an emergency exists regarding the aforesaid, and that it is advisable that this Resolution be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission hereby approves and accepts certain real property, identified as Parcel No. 60‐00043.049, located at 717 Walnut Ridge Lane, situated within the City of Sandusky, as gift of deed for acquisition into the Land Reutilization Program, and as further described in Exhibit "A", a copy of which is attached to this Resolution and specifically incorporated herein. Section 2. This City Commission authorizes and directs the City Manager to acquire Parcel No. 60‐00043.049, located at 717 Walnut Ridge Lane, in accordance with the City of PAGE 2 ‐ RESOLUTION NO.__________ Sandusky’s Land Reutilization Program in order to facilitate reutilization of the nonproductive land to support neighborhood revitalization and development within the City. Section 3. If any section, phrase, sentence, or portion of this Resolution is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 4. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Resolution were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 5. That for the reasons set forth in the preamble hereto, this Resolution is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. ______________________________________ DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION ATTEST: _____________________________________ KELLY L. KRESSER CLERK OF THE CITY COMMISSION Passed: December 22, 2014 EXHIBIT A Parcel Address Owner(s) 60-00043.049 717 Walnut Ridge John & Rebecca Yost Del. Taxes Assessments 0.00 0.00 P&I* 0.00 Proposed Use: This parcel is being offered to the City through gift of deed by the current property owners. It will be held in the LandBank while more parcels in the Cold Creek Subdivision are acquired through delinquent tax foreclosure and a new development plan is established. Total Owed 0.00 Yearly Taxes and Assessments 2,330.32 DEPARTMENT OF FINANCE HANK S. SOLOWIEJ, CPA, FINANCE DIRECTOR TO: City Commission FROM: Hank S. Solowiej, CPA, Finance Director DATE: December 10, 2014 RE: Commission Agenda Item 222 Meigs Street Sandusky, Ohio 44870 Phone (419) 627-5888 Fax (419) 627-5892 ITEM FOR CONSIDERATION: Ohio Rev. Code Section 5705.40 states that any appropriation ordinance or measure may be amended or supplemented, provided that such amendment or supplement shall comply with all provisions of law governing the taxing authority in making an original appropriation and that no appropriation for any purpose shall be reduced below an amount sufficient to cover all unliquidated and outstanding contracts or obligations certified from or against the appropriation. I am submitting amendment #2 to the 2014 General Appropriations, which is the second and final budget amendment for 2014. In addition, approval of inter-fund transfers/advances through December 2014 is requested. BUDGETARY INFORMATION: This action will cover anticipated expenditures through December 31, 2014. The last payroll occurs on December 26, 2014, with the final City Commission meeting on December 22, 2014. The agenda deadline occurs before the final payroll costs can be determined. The amendment needs to cover final payroll and other projected costs through December 31, 2014. The ordinance will be available at the meeting. ACTION REQUESTED: It is requested the City Commission enact the ordinance and have it take immediate effect under Section 14 of the City Charter. To ensure all items are covered, the ordinance and final transfers will be presented at the meeting. CC: Donald C. Icsman, Law Director Eric L. Wobser, City Manager DEPARTMENT OF FINANCE HANK S. SOLOWIEJ, CPA, FINANCE DIRECTOR TO: City Commission FROM: Hank S. Solowiej, CPA, Finance Director DATE: December 10, 2014 RE: Commission Agenda Item 222 Meigs Street Sandusky, Ohio 44870 Phone (419) 627-5888 Fax (419) 627-5892 ITEM FOR CONSIDERATION: Ohio Rev. Code Section 5705.38 (A) requires that on or about the first day of each fiscal year, an appropriation measure is to be passed. If the taxing authority wants to postpone the passage of the annual appropriation measure until an amended certificate is received from the county budget commission based upon the actual year end balances, it may pass a temporary appropriation measure for meeting the ordinary expenses until no later than April 1. I am submitting an ordinance approving Temporary Appropriations for 2015. BUDGETARY INFORMATION: This action will establish a budget for operations until the annual appropriations can be approved after the second Monday in January 2015. The City Charter prohibits the City from enacting the 2015 budget before January 12, 2015. ACTION REQUESTED: It is requested that the City Commission enact the ordinance and have it take immediate effect under Section 14 of the City Charter. This will establish a temporary operating budget for 2015 until the City Commission passes an Appropriation Ordinance in accordance with Section 51 of the City Charter. CC: Donald C. Icsman, Law Director Eric L. Wobser, City Manager ORDINANCE NO.___________ AN ORDINANCE TO MAKE TEMPORARY APPROPRIATIONS FOR THE MONTHS OF JANUARY, FEBRUARY AND MARCH 2015, AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter to establish an Operating Budget for 2015 until the City Commission passes an Appropriation Ordinance which may not be passed before the second Monday in January of each budget year as required by Section 51 of the City Charter; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Finance Department of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. There shall be and hereby are appropriated out of any funds now in the treasury or any accruing revenues of the City available for said purposes at the values set forth herein below for the payment of the expenses and obligations of the City during the months of January, February and March 2015, for the various purposes hereinafter specified. DEPARTMENT POLICE POLICE RECORDS POLICE‐DETECTIVES FIRE STREET LIGHTING OAKLAND CEMETERY COMMUNITY DEVELOPMENT CITY WIDE ECON DEVELOPMNT BUILDING DIVISION HORTICULTURAL SERVICES CITY MANAGER ADMINISTRATIVE SERVICES FINANCE INCOME TAX DATA PROCESSING CENTER LAW CITY COMMISSION CITY COMMISSION CLERK MUNICIPAL COURT BUILDING MAINTENANCE ENGINEERING FLEET MAINTENANCE PERSONAL SERVICES 790,000 170,000 160,000 1,000,000 ‐ 60,000 50,000 5,000 50,000 187,000 56,000 27,000 35,000 11,000 20,000 65,000 6,000 17,000 186,000 68,000 70,000 47,000 OTHER 70,000 12,000 5,000 80,000 46,000 8,000 9,000 1,000 4,000 38,000 4,000 14,000 4,000 59,000 10,000 5,000 4,000 500 11,000 68,000 9,000 22,000 TOTAL 860,000 182,000 165,000 1,080,000 46,000 68,000 59,000 6,000 54,000 225,000 60,000 41,000 39,000 70,000 30,000 70,000 10,000 17,500 197,000 136,000 79,000 69,000 PAGE 2 ‐ ORDINANCE NO. __________ ADMINISTRATIVE SUPPORT TRANSFERS GENERAL FUND STREETS SNOW & ICE REMOVAL TRAFFIC & ELECTRICAL MNTC STREET FUND ST HIGHWAY FUND PUBLIC TRANSIT FUND PAVILION MILLS CREEK GOLF COURSE RECREATION DEPARTMENT PARKS & RECREATION FUND FIRE PENSION FUND POLICE PENSION FUND LANDBANK/NSP BZ080211 COURT SECURITY REVOLVING LOAN‐REHAB REVOLVING LOAN‐ECO DEV DRC‐PROBATION SERVICES STATE GRANT FUND HUD CDBG B09MC390034 REVOLVING LOAN‐ECO DEV PUBLIC TRANSIT SYSTEM FEDERAL GRANT FUND EMS CAPITAL PROJECT FUND PP REMOVAL UNSAFE BLDGS RENTAL REGISTRATION FEE INSPECTION FEE SPECIAL ASSESSMENT FUND CAO BIWW FILTRATION PLANT WATER DISTRIBUTION DEPT ADMINISTRATIVE SUPPORT DEBT SERVICE‐BASIC UTIL WATER FUND SEWER DEPARTMENT OFFICE ‐ ‐ 130,000 340,000 130,000 340,000 3,080,000 160,000 ‐ 67,000 953,500 48,000 21,000 17,000 4,033,500 208,000 21,000 84,000 227,000 4,650 10,000 7,000 25,000 21,000 86,000 4,650 97,000 3,000 20,000 11,000 313,000 9,300 107,000 10,000 45,000 32,000 34,000 53,000 186,000 132,000 ‐ ‐ ‐ ‐ 15,000 15,000 40,000 ‐ 17,000 57,000 ‐ ‐ ‐ 2,500 ‐ 2,500 22,000 221,000 152,000 95,000 ‐ 11,000 8,000 2,500 500 50,000 50,000 ‐ 103,000 250,000 125,000 210,645 585,645 250,000 250,000 15,000 25,000 5,000 45,000 4,000 240,000 37,000 31,000 400,000 87,000 197,000 140,000 2,500 500 50,000 50,000 15,000 118,000 290,000 125,000 227,645 642,645 250,000 250,000 15,000 27,500 5,000 47,500 26,000 461,000 189,000 126,000 400,000 490,000 22,000 712,000 4,000 1,202,000 26,000 PAGE 3 ‐ ORDINANCE NO. __________ WATER POLLUTION CONTROL SEWER MAINTENANCE DEPT ADMINISTRATIVE SUPPORT DEBT SERVICE‐BASIC UTIL SEWER FUND CONTRABAND TRUST FD FIRE TRUST GREEN FUND TRUST PARK TRUST GENERAL TRUST FUND SHORELINE PARK IMPR PARK ENDOWMENT FUND OAKLAND CEMETERY DEPT GARDEN MAUSOLEUM PERPETUAL CARE SPECIAL CARE MEMORIAL PLANTINGS 300,000 286,000 155,000 53,000 95,000 47,000 ‐ 1,400,000 586,000 208,000 142,000 1,400,000 572,000 ‐ 1,790,000 8,000 2,362,000 8,000 ‐ ‐ ‐ ‐ ‐ ‐ 5,000 500 1,000 14,500 200 200 ‐ ‐ ‐ 5,000 500 1,000 14,500 200 200 500 500 500 500 500 500 ‐ 500 500 ‐ 500 500 CEMETERY ENDOW FUND ‐ 2,500 2,500 STATE PATROL FUND ‐ 5,000 5,000 TOTAL ALL FUNDS 4,829,150 4,701,995 9,531,145 Section 2. The amounts appropriated for the various purposes hereinafter set forth shall, in no event, be exceeded unless the City Commission shall by Ordinance authorize a transfer from one appropriation account to another, or shall appropriate additional unappropriated funds. Section 3. No payments shall be made out of any of the funds herein appropriated for any extraordinary purpose, without specific authority of the City Commission. Section 4. The Finance Director is authorized to draw warrants upon the City treasury for funds appropriated in this Ordinance upon presentation of properly approved vouchers and when in conformity with the Charter and general laws of the State of Ohio. In addition, the Finance Director is authorized to make transfers between funds, to cover deficiencies in City funds provided said transfers are included in the general appropriations. PAGE 4 ‐ ORDINANCE NO. __________ Section 5. If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. This Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 7. That for reasons set forth in the preamble hereto, this Ordinance is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter upon its passage, and its due authentication by the President, and the Clerk of the City Commission of the City of Sandusky, Ohio. Passed: December 22, 2014 ATTEST: DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION KELLY KRESSER CLERK OF THE CITY COMMISSION DEPARTMENT OF FINANCE HANK S. SOLOWIEJ, CPA, FINANCE DIRECTOR TO: City Commission FROM: Hank S. Solowiej, CPA, Finance Director DATE: December 15, 2014 RE: Commission Agenda Item 222 Meigs Street Sandusky, Ohio 44870 Phone (419) 627-5888 Fax (419) 627-5892 ITEM FOR CONSIDERATION: A resolution authorizing the transfer of funds from the General Fund to the Payroll Stabilization Fund. On October 12, 2010, the City Commission approved Resolution No. 035-10R authorizing the Finance Director to establish such a fund named the “Payroll Stabilization Fund” special revenue fund pursuant to Ohio Rev. Code Section 5705.13 (B). This section authorizes a taxing authority to establish a special revenue fund to accumulate cash to pay unused accumulated leave at separation of employment including retirement or paying salaries when the number of pay periods exceeds the usual and customary number for a year. Pursuant to ORC Section 5705.13(B), a resolution by the taxing authority is required authorizing any transfer to this fund. BUDGETARY INFORMATION: The agenda deadline occurs before the amount can be determined. The resolution along with the amount will be available at the meeting. ACTION REQUESTED: It is requested that the City Commission approve the necessary legislation under suspension of the rules in accordance with Section 14 of the City Charter in order to complete the transfer before the end of the calendar year. To ensure an accurate amount, the resolution authorizing the transfer will be presented at the meeting. CC: Donald C. Icsman, Law Director Eric L. Wobser, City Manager RESOLUTION NO. __________ A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE PAYROLL STABILIZATION FUND; AND DECLARING THAT THIS RESOLUTION SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, this City Commission authorized the Finance Director to establish a special revenue fund designed as the "Payroll Stabilization Fund" by Resolution No. 035‐10R, passed on October 12, 2010; and WHEREAS, the Payroll Stabilization Fund was established pursuant to Ohio Revised Code Section 5703.13 (B) and in accordance with this section, the taxing authority, by Resolution or Ordinance, may transfer money to the special revenue fund from any other fund of the subdivision from which such payments may lawfully be made; and WHEREAS, approval is requested to transfer funds from the General Fund to the Payroll Stabilization Fund in the amount of $75,000.00; and WHEREAS, this Resolution should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order complete the transfer of funds before the end of the 2014 calendar year; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Finance Department of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Resolution be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission approves and authorizes the transfer of funds from the General Fund to the Payroll Stabilization Fund in the amount of Seventy Five Thousand and 00/100 Dollars ($75,000.00). Section 2. If any section, phrase, sentence, or portion of this Resolution is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Resolution were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4. That for the reasons set forth in the preamble hereto, this Resolution is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President PAGE 2 ‐ RESOLUTION NO.__________ and the Clerk of the City Commission of the City of Sandusky, Ohio. ATTEST: Passed: December 22, 2014 DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION KELLY L. KRESSER CLERK OF THE CITY COMMISSION CITY COMMISSIONERS DENNIS E. MURRAY, JR., President RICHARD R. BRADY, Vice President JULIE A. FARRAR C. WESLEY POOLE SCOTT J. SCHELL JEFFREY S. SMITH NAOMI R. TWINE ERIC L. WOBSER, City Manager 222 MEIGS STREET DONALD C. ICSMAN, Law Director SANDUSKY, OH 44870 KELLY L. KRESSER, CMC, Commission Clerk HANK S. SOLOWIEJ, C.P.A., Finance Director Phone: 419.627.5850 Fax: 419.627.5825 www.ci.sandusky.oh.us TO: City Commission FROM: Kelly L. Kresser, CMC City Commission Clerk DATE: December 12, 2014 SUBJECT: Replacement Pages for Codified Ordinances for the City of Sandusky ITEM FOR CONSIDERATION: It is requested the City Commission authorize the adoption of an Ordinance approving current replacement pages to the Codified Ordinances and internet for the period July, 2013 – December 31, 2014, with Walter H. Drane Company. The City of Sandusky completes a codification process each year in order to bring the Code of Ordinances up to date. Additionally, state laws which have been changed or newly adopted are incorporated into this update. BUDGETARY INFORMATION: The cost of the revisions for the Codification supplements and updating the Code on the internet will be taken from the contractual services line item in the Commission’s budget (50%), sewer funds (25%), and water funds (25%). This item is appropriated each year. ACTION REQUESTED: It is recommended an Ordinance be approved ratifying payment to Walter H. Drane Company in the amount of $4,000 and approving the replacement pages. It is further requested this legislation take immediate effect in full accordance with Section 14 of the City Charter to allow for payment in a timely manner. /klk cc.: Hank Solowiej Donald Icsman Eric Wobser SANDUSKY, OHIO – HOME OF ‘AMERICA’S ROLLER COAST’® ORDINANCE NO.____________ AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE SANDUSKY CODIFIED ORDINANCES FOR THE PERIOD JULY, 2013 THROUGH DECEMBER, 2014; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, certain provisions within the Codified Ordinances should be amended to conform with current State law as required by the Ohio Constitution; and WHEREAS, various Ordinances of a general and permanent nature have been passed by the Commission which should be included in the Codified Ordinances; and WHEREAS, the City has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such revision which is before this City Commission; and WHEREAS, the total cost of the revisions of the Codification supplements and updating the Code on the internet is $4,000.00 of which $2,000.00 will be paid with funds from the Commission's budget, $1,000.00 will be paid with Sewer Funds and $1,000.00 will be paid with Water Funds; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to approve the replacement pages to the Codified Ordinances and allow for payment of services in a timely manner; and WHEREAS, in order to provide for the immediate preservation of the public peace, health, welfare and safety for the reason that there exists an imperative necessity for the earliest publication and distribution of current replacement pages to the officials and residents of the City of Sandusky, so as to facilitate administration, daily operation and avoid practical and legal entanglements, it is necessary to declare this Ordinance to be an emergency measure to take effect immediately upon its adoption and due authentication; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The Ordinances of the City of Sandusky, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections within the 2014 Replacement Pages to the Codified Ordinances are hereby approved and adopted. Section 2. That the following sections and chapters are hereby added, amended or repealed as respectively indicated in order to comply with current State law. Traffic Code 301.04 Bicycle. (Amended) 301.161 Highway Maintenance Vehicle. (Added) 301.162 Highway Traffic Signal. (Added) 303.04 Road Workers, Motor Vehicles and Equipment Excepted. (Amended) 313.03 Traffic Signal Indications. (Amended) 333.01 Driving or Physical Control While Under the Influence. (Amended) 333.03 Maximum Speed Limits. (Amended) 333.031 Approaching a Stationary Public Safety, Emergency or Road Service Vehicle. (Amended) 337.16 Number of Lights; Limitations on Flashing. (Amended) 337.17 Focus and Aim of Headlights. (Amended) 339.03 Maximum Width, Height and Length. (Amended) PAGE 2 ‐ ORDINANCE NO.__________ 351.04 Parking Near Curb; Handicapped Parking. (Amended) General Offenses Code 517.01 Gambling Definitions. (Amended) 517.02 Gambling. (Amended) 525.05 Failure to Report a Crime, Injury or Knowledge of Death. (Amended) 529.01 Liquor Control Definitions. (Amended) 529.07 Open Container Prohibited. (Amended) 533.09 Soliciting. (Amended) 533.14 Unlawful Advertising of Massage. (Added) 537.03 Assault. (Amended) 537.05 Aggravated Menacing. (Amended) 537.051 Menacing by Stalking. (Amended) 537.06 Menacing. (Amended) 537.12 Misuse of 9‐1‐1 System. (Amended) 537.16 Illegal Distribution of Cigarettes, Other Tobacco Products or Alternate Nicotine Products. (Amended) 537.17 Criminal Child Enticement. (Amended) 545.01 Theft and Fraud Definitions. (Amended) 545.02 Determining Property Value in Theft Offense. (Amended) 545.05 Petty Theft. (Amended) 545.15 Securing Writings by Deception. (Amended) 545.18 Receiving Stolen Property. (Amended) 555.03 Duties of Locomotive Engineer. (Amended) Section 3. The complete text of the sections listed above are set forth in full in the current replacement pages to the Codified Ordinances, a copy of which is on file in the office of the Clerk of the City Commission. Section 4. If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 5. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 6. That for the reasons set forth in the preamble hereto, this Ordinance is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. PAGE 3 ‐ ORDINANCE NO.__________ ATTEST: Passed: December 22, 2014 DENNIS E. MURRAY PRESIDENT OF THE CITY COMMISSION KELLY L. KRESSER CLERK OF THE CITY COMMISSION DEPARTMENT OF PLANNING, ENGINEERING & DEVELOPMENT AARON KLEIN, P.E. DIRECTOR 222 Meigs Street Sandusky, Ohio 44870 Phone 419/627-5829 Fax 419/627-5933 [email protected] To: Eric Wobser, City Manager From: Jane E. Cullen, P.E. Date: December 8, 2014 Subject: Commission Agenda Item Item for Consideration: Ordinance awarding a contract to Speer Bros., Inc for the Water Street Rehabilitation and Paving Project. This project will provide for improvements from Shelby Street to Wayne Street. For the blocks between Jackson Street and Wayne Street, milling and resurfacing is planned. Between Lawrence Street and Jackson Street, new curbs and sidewalks will be installed where needed with the block between Decatur Street and Jackson Street receiving a streetscape improvement including brick pavers, street lights, and tree grates. This streetscape improvement will extend the existing downtown streetscape one block to the west. The blocks between Shelby Street and Lawrence Street will be reconstructed with new curb and gutter, sidewalks, drainage where needed, new driving surface and a continuation of the Sandusky Bay Pathway on the north side of the street. There will also be a replacement of an existing 8” waterline with a new 12” waterline between Lawrence Street and McDonough Street. The Erie County Metropolitan Planning Organization (MPO) will fund 80% of the eligible construction costs for the project with the remaining balances being funded with City Funds, Community Development Block Grant Funds (CDBG) and Ohio Public Works Commission (OPWC) grant funds. This work will be performed in 2015. The following two (2) bids were received on December 3, 2014. Speer Bros., Inc Sandusky, OH Bid: $1,237,389.10 Erie Blacktop, Inc. Sandusky, OH Bid: $1,330,256.91 Speer Bros., Inc. is determined to be the lowest and best bid. This project involves federal funds, therefore, the Local Preference ordinance does not apply. Budgetary Information: The engineer’s estimate for the total project cost including engineering, inspection, advertising and miscellaneous expenses is $1,361,128.01. The MPO will fund 80% of the eligible costs in the amount up to $993,053.20. The Sewer Funds will cover $33,390.25, Water Funds will cover $33,390.24, Community Development Block Grant Funds (CDBG) will cover $42,680.00. The City received an Ohio Public Works Grant (OPWC) which will cover the remaining expenses in the amount of $258,614.32. Action Requested: It is requested that the Ordinance awarding the construction contract to Speer Bros., Inc., Sandusky, Ohio in the amount of $1,237,389.10 be approved and that it be passed in full accordance with Section 14 of the City Charter in order to award the project within the proposed ODOT’s project schedule of December 22, 2014. I concur with this recommendation: _____________________________ Eric Wobser City Manager cc: Kelly Kresser, Clerk of City Commission Hank Solowiej, Finance Director _________________________ Aaron M. Klein Director of Engineering ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SPEER BROS., INC. OF SANDUSKY, OHIO, FOR THE WATER STREET REHABILITATION AND PAVING PROJECT; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the City Commission approved an agreement for professional design services with Mannik & Smith Group, Inc. for the Water Street Rehabilitation and Paving Project by Ordinance No. 13‐063, passed on July 8, 2013; and WHEREAS, the City Commission authorized the submission of an application by the City Manager for financial assistance and to enter into a Project Agreement with the Ohio Public Works Commission for the proposed Water Street Rehabilitation and Paving Project by Resolution No. 031‐13R, passed on August 26, 2013; and WHEREAS, this City Commission approved an LPA Federal Local‐Let Project Agreement with the Ohio Department of Transportation (ODOT) for the Water Street Rehabilitation and Paving Project by Resolution No. 023‐14R, passed on April 28, 2014; and WHEREAS, this City Commission approved an amendment to the agreement for professional designs services with Mannik & Smith Group, Inc. for additional services to prepare right‐of‐way encroachments for the Water Street Rehabilitation and Paving Project by Ordinance No. 14‐087, passed on July 14, 2014; and WHEREAS, this City Commission declared the necessity to proceed with the proposed Water Street Rehabilitation and Paving Project by Resolution No. 045‐14R, passed on October 27, 2014; and WHEREAS, the proposed Water Street Rehabilitation and Paving Project will provide improvements to Water Street from Wayne Street west to Shelby Street including the milling and resurfacing of Water Street between Wayne Street and Jackson Street, new curbs and sidewalks where needed between Jackson Street and Lawrence Street, streetscape improvements including brick pavers, street lights, and tree grates between Decatur Street and Jackson Street and the reconstruction of blocks between Shelby Street and Lawrence Street with new curb and gutter, sidewalks, watermain, drainage where needed, new driving surface and a continuation of the Sandusky Bay Pathway on the north side of the street; and WHEREAS, upon public competitive bidding as required by law two (2) appropriate bids were received and the bid from Speer Bros., Inc. of Sandusky, Ohio, was determined to be the lowest and best bid; and WHEREAS, the estimated total cost of this project based on bids including engineering, inspection, advertising and miscellaneous costs is $1,361,128.01 and will be paid with Federal Highway Administration (FHWA) funds through the Ohio Department of Transportation (ODOT) and the Erie County Metropolitan Planning Organization (MPO) in the maximum amount of $993,053.20 (or 80% of eligible costs) and the remaining balance will be paid with Sewer Funds in the amount of $33,390.25, Water Funds in the amount of $33,390.24, Community Development Block Grant (CDBG) Funds in the amount of $42,680.00, and Ohio Public Works Commission (OPWC) funds received in the amount of $258,614.32; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to award the project within the proposed Ohio Department of Transportation’s project schedule of December 22, 2014; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering, of the City of Sandusky, Ohio, the City Commission PAGE 2 ‐ ORDINANCE NO. __________ of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager is authorized and directed to enter into a contract with Speer Bros., Inc. of Sandusky, Ohio, for the Water Street Rehabilitation and Paving Project in an amount not to exceed One Million Two Hundred Thirty Seven Thousand Three Hundred Eighty Nine and 10/100 Dollars ($1,237,389.10) consistent with the bid submitted by Speer Bros., Inc. of Sandusky, Ohio, currently on file in the office of the Director of Engineering. Section 2. If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4. That for the reasons set forth in the preamble hereto, this Ordinance is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. ATTEST: Passed: December 22, 2014 DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION KELLY L. KRESSER CLERK OF THE CITY COMMISSION DEPARTMENT OF PLANNING, ENGINEERING & DEVELOPMENT AARON M. KLEIN, P.E. 222 Meigs Street Sandusky, Ohio 44870 Phone 419/627-5829 Fax 419/627-5933 [email protected] To: Eric Wobser, City Manager From: Jane E. Cullen, P.E. Date: December 9, 2014 Subject: Commission Agenda Item Item for Consideration: An ordinance approving and ratifying the expenditure of additional funds for the City’s share of the ODOT Perkins Avenue and Milan Road Intersection Improvement project (ERI-250-1.14). Legislation was passed by the City Commission on October 14, 2014, Ordinance No. 14-121 which authorized entering into a contract with the State of Ohio for completion of this program. The subject project (PID 84556) is designed to improve intersection capacity and safety concerns at the US 250/Milan Road and Perkins Avenue intersection, which is partially within the City of Sandusky and partially within Perkins Township. The project includes improved turning radii and traffic patterns, signal and signage upgrades, UST removal, pavement restoration, drainage improvements, and sidewalk reconstruction. The project involves replacement of approximately 1,900 linear feet of 6-inch waterline with new 8inch waterline on Perkins Avenue between 52nd Street and the bridge at Pipe Creek. ODOT will be the lead agency and will administer the project. Construction is scheduled between April and October 2015. The City is responsible for 100% of the waterline costs and the City’s original share of the cost was estimated at $236,880.00. After the project was bid out by the State, the City’s share of the cost was adjusted to $265,670.00. When this project was originally bid by the City, the engineer’s estimate was $261,229.00. The City Commission was notified of this request at their December 8, 2014 meeting and approved the expenditure by motion. Budgetary Information: The City has already issued a check to the State of Ohio in the amount of $236,880.00. The balance of the cost is $28,790.00 and will also be paid with Water Funds. Action Requested: It is recommended that the ordinance authorizing the City Manager to expend funds in the amount of $28,790.00 for the completion of the ODOT Perkins Avenue and Milan Road Intersection Improvement project (ERI-250-1.14) be approved in accordance with Section 14 of the City Charter since ODOT has requested payment of the additional amount as soon as possible and payment will be made by December 19, 2014. I concur with this recommendation: _____________________________ Eric Wobser, City Manager cc: Kelly Kresser, Clerk of City Commission Hank Solowiej, Finance Director _________________________ Aaron M. Klein, Director of Engineering ORDINANCE NO.____________ AN ORDINANCE APPROVING AND RATIFYING THE EXPENDITURE OF ADDITIONAL FUNDS IN THE AMOUNT OF $28,790.00 FOR THE OHIO DEPARTMENT OF TRANSPORTATION’S PERKINS AVENUE AND MILAN ROAD INTERSECTION IMPROVEMENT PROJECT, PID NO. 84556; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the City Commission authorized the City Manager to enter into an agreement with Mannik & Smith Group, Inc., for Professional Design Services for the Perkins Avenue Waterline Replacement Project by Ordinance No. 12‐099, passed on September 24, 2012; and WHEREAS, this City Commission declared the necessity for the City to proceed with the proposed Perkins Avenue Waterline Replacement Project which involves the replacement of approximately 1900 feet of 6” waterlines on Perkins Avenue between 52nd Street and the bridge at Pipe Creek with a new 8” waterline and is within the construction limits of the proposed Ohio Department of Transportation (ODOT) project ERI‐250‐1.14 at the intersections of U.S. 250 and Perkins Avenue by Resolution No. 010‐14R, passed on March 10, 2014; and WHEREAS, this City Commission adopted Consent Legislation submitted by the Director of the Ohio Department of Transportation for the Perkins Avenue and Milan Road Intersection Improvement Project by Resolution No. 017‐14R, passed on April 14, 2014; and WHEREAS, bids were scheduled to be opened for the Perkins Avenue Waterline Replacement Project on May 22, 2014, but no bids were received and ODOT allowed the City to incorporate the water line plans into their Intersection Improvement Project; and WHEREAS, this City Commission authorized the City Manager to enter into an amendment to the agreement with Mannik & Smith Group, Inc., for Professional Design Services to rework the plans to meet ODOT specifications and formats for the Perkins Avenue Waterline Replacement Project by Ordinance No. 14‐074, passed on June 23, 2014; and WHEREAS, this City Commission previously adopted the preliminary legislation submitted by the Director of the Ohio Department of Transportation for the Perkins Avenue and Milan Road Intersection Improvement Project by Resolution No. 030‐14R, passed on July 14, 2014; and WHEREAS, this City Commission previously authorized a contract with the Director of the Ohio Department of Transportation for the Perkins Avenue and Milan Road Intersection Improvement Project by Ordinance No. 14‐121, passed on October 14, 2014; and WHEREAS, subsequent to a formal bidding process by the State of Ohio and based upon the low bid received for the project, the City’s share of the costs increased by $28,790.00; and WHEREAS, the City’s original portion of costs was estimated at $236,880.00 and was paid with Water Funds and the additional amount of $28,790.00 will also be paid with Water Funds for a total adjusted cost of $265,670.00 for this project; and WHEREAS, this City Commission was notified by the City Manager of this request at their regularly scheduled meeting on December 8, 2014, and approved the expenditure of additional funds by motion; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to ratify the payment made to ODOT for the additional amount due for the Perkins Avenue and Milan Road Intersection Improvement Project which was requested as soon as possible by ODOT and paid by December 19, 2014; and WHEREAS, in that it is deemed necessary in order to provide for the immediate PAGE 2 ‐ ORDINANCE NO.__________ preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission hereby approves and ratifies payment to the Treasurer of State as required by the Ohio Department of Transportation for the additional cost for the Ohio Department of Transportation’s Perkins Avenue and Milan Road Intersection Improvement Project, at an amount not to exceed Twenty Eight Thousand Seven Hundred Ninety and 00/100 Dollars ($28,790.00). Section 2. If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4. That for the reasons set forth in the preamble hereto, this Ordinance is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. ATTEST: Passed: December 22, 2014 DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION KELLY L. KRESSER CLERK OF THE CITY COMMISSION DEPARTMENT OF PLANNING, ENGINEERING & DEVELOPMENT AARON KLEIN, P.E. DIRECTOR 222 Meigs Street Sandusky, Ohio 44870 Phone 419/627-5829 Fax 419/627-5933 [email protected] To: Eric Wobser, City Manager From: Jane E. Cullen, P.E. Date: December 8, 2014 Subject: Commission Agenda Item ITEM FOR CONSIDERATION: Ordinance awarding a contract to Erie Blacktop, Inc. Sandusky, Ohio for the Columbus Avenue Phase 2 Resurfacing Project. The Columbus Avenue Phase 2 Resurfacing Project involves the milling and paving of Columbus Avenue from Homestead Street to Hayes Avenue. This project will include limited removal of railroad ties/rails located in the centerline of Columbus Avenue from Scott Street to Hayes Avenue. The project will also involve manhole casting and valve box adjustments, curb ramp repair and pavement markings. City crews have repaired many sewer problems over the past month with additional repairs required in the spring to accommodate this resurfacing project. The following three (3) bids were received on November 20, 2014. Gerken Paving, Inc. Napoleon, OH Base Bid: $488,561.85 Base Bid With Alternates: $493,494.60 A.J. Riley, Inc. Norwalk, OH Base Bid: $488,550.60 Base Bid With Alternates: $492,840.50 Erie Blacktop, Inc. Sandusky, OH Base Bid: $419,184.69 Base Bid With Alternates: $424,860.34 Erie Blacktop, Inc. is the lowest and best bid. This project involves federal funds, therefore, the Local Preference ordinance does not apply. The base bid with alternate amount involves using thermoplastic paint for the pavement markings instead of the basic traffic paint. BUDGETARY INFORMATION: The cost of the project based on bids, including engineering, inspection, advertising and miscellaneous costs is $467,346.37. The Local Public Authority (LPA) project will be funded with Federal Highway Administration (FHWA) funds through the Ohio Department of Transportation (ODOT) and the Erie County Metropolitan Planning Organization (MPO) in the amount of eighty percent (80%) of the eligible costs in the amount of $368,882.53. The City’s share of the costs will be funded by the Sewer Fund in the amount of $35,695.00 and Community Development Block Grant Funds (CDBG) in the amount of $62,768.85. Although the project must be awarded by February 2015, the City cannot enter into a signed agreement until CDBG funds are available in the 2015-2016 Fiscal Year. ACTION REQUESTED: It is requested that the Ordinance awarding the construction contract to Erie Blacktop, Inc., Sandusky, Ohio in the amount of $424,860.34 be approved. I concur with this recommendation: _____________________________ Eric Wobser City Manager cc: Kelly Kresser, Clerk of City Commission Hank Solowiej, Finance Director _________________________ Aaron M. Klein Director of Engineering ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ERIE BLACKTOP, INC., OF SANDUSKY, OHIO, FOR THE COLUMBUS AVENUE PHASE 2 RESURFACING PROJECT. WHEREAS, the City Commission approved and authorized the submission of an application to the Erie Regional Planning Commission, Metropolitan Planning Organization and an LPA Federal Project Agreement between the City and the Ohio Department of Transportation for the proposed Columbus Avenue Phase 2 Resurfacing Project by Resolution No. 011‐12R, passed on April 23, 2012; and WHEREAS, the City Commission authorized the submission of an application by the City Manager for financial assistance and to enter into a Project Agreement with the Ohio Public Works Commission for the proposed Columbus Avenue Phase 2 Resurfacing Project by Resolution No. 032‐13R, passed on August 26, 2013; and WHEREAS, this City Commission declared the necessity for the City to proceed with the proposed Columbus Avenue Phase 2 Resurfacing Project by Resolution No. 042‐14R passed on September 8, 2014; and WHEREAS, the Columbus Avenue Phase 2 Resurfacing Project involves the milling and paving of Columbus Avenue with new asphalt, adjustment of castings, repairing catch basins and installing pavement markings as needed from Homestead Street north to the Hayes Avenue intersection and will include removing railroad ties in the northbound lane from Scott Street to Hayes Avenue; and WHEREAS, upon public competitive bidding as required by law three (3) appropriate bids were received and the bid from Erie Blacktop, Inc., of Sandusky, Ohio, was determined to be the lowest and best bid; and WHEREAS, the cost of this project based on bids including engineering, inspection, advertising and miscellaneous costs is $467,346.37 and will be paid with Federal Highway Administration (FHWA) funds through the Ohio Department of Transportation (ODOT) and the Erie County Metropolitan Planning Organization (MPO) in the amount of $368,882.53 (or 80% of eligible costs) and the remaining balance of $101,600.00 (City’s 20% match) will be paid with Sewer Funds in the amount of $35,695.00 and with Community Development Block Grant (CDBG) Funds in the amount of $62,768.85; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Engineering Department, of the City of Sandusky, Ohio and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager is authorized and directed to enter into a contract with Erie Blacktop, Inc., of Sandusky, Ohio, for the Columbus Avenue Phase 2 Resurfacing Project in an amount not to exceed Four Hundred Twenty Four Thousand Eight Hundred Sixty and 34/100 Dollars ($424,860.34) consistent with the bid submitted by Erie Blacktop, Inc., of Sandusky, Ohio, currently on file in the office of the Director of Engineering. Section 2. If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not PAGE 2 ‐ ORDINANCE NO. __________ affect the validity of the remaining portions thereof. Section 3. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4. That for the reasons set forth in the preamble hereto, this Ordinance shall take effect at the earliest time allowed by law. ATTEST: Passed: ______________________________________ DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION _____________________________________ KELLY L. KRESSER CLERK OF THE CITY COMMISSION DEPARTMENT OF PLANNING, ENGINEERING & DEVELOPMENT AARON KLEIN, P.E. DIRECTOR To: Eric Wobser, City Manager From: Jane E. Cullen, P.E. Date: December 9, 2014 Subject: Commission Agenda Item 222 Meigs Street Sandusky, Ohio 44870 Phone 419/627-5829 Fax 419/627-5933 [email protected] Item For Consideration: Change Order No. 1, for the Camp Street Underpass Rehabilitation Project. This Change Order includes two (2) items. 1. Exploratory waterline excavation (completed work) ADD $1,266.40 2. Existing waterline capping (proposed work) ADD: $32,453.65 There appeared to be a plan error on the location of an existing 6" waterline along Camp Street. City records which were used to create the construction plans show the waterline located near the centerline of Camp Street. Preliminary investigation has indicated the waterline is located under the eastern sidewalk under the railroad bridge. This is the same location of the new buried storm sewer forcemain. Due to EPA requirements for spacing and because of possible conflicts during or after construction, this will require capping of the existing waterline at the north and south ends of the project. After a review of the City's water model it was determined the capping of the existing waterline will not affect flow or pressure in the water system in this area. This is because of water towers and looping projects that have occurred over the years. Relocation of the watermain would easily cost 2 to 3 times the amount of abandonment. City crews have located all connections and this work will be performed to provide minimal inconvenience to customers. Budgetary Information: The Change Order No. 1 will increase the contract with Schirmer Construction by $33,720.05. The current contract amount with Schirmer Construction is $1,774,110.00. The revised contract amount including Change Order No. 1 is $1,807,830.05. ODOT will pay 80% of item no. 1 in the amount of $1,013.12. The remaining balance of item no. 1 and 2 is the City's responsibility in the amount of $32,706.93 which will be paid by Water Funds. Action Requested: It is requested that the Camp Street Underpass Rehabilitation Project Change Order No. 1 in the amount of $33,720.05 for two items be passed in full accordance with Section 14 of the City Charter to keep the project progressing. The work on the forcemain and pump house is currently under way and the proposed waterline capping is required to keep on schedule. I concur with this recommendation: _____________________________ Eric Wobser City Manager cc: Kelly Kresser, Clerk of City Commission Hank Solowiej, Finance Director _________________________ Aaron Klein, P.E. Director of Engineering ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPROVE THE FIRST CHANGE ORDER FOR WORK PERFORMED AND TO BE PERFORMED BY SCHIRMER CONSTRUCTION, LLC, OF NORTH OLMSTED, OHIO, FOR THE CAMP STREET UNDERPASS REHABILITATION PROJECT IN THE AMOUNT OF $33,720.05; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the City Commission authorized the City Manager to enter into an agreement with TranSystems Corporation for preliminary design work for the Camp Street Underpass Rehabilitation Project by Ordinance No. 08‐059, passed on July 14, 2008; and WHEREAS, the City Commission authorized the City Manager to enter into a First Amendment to the Agreement with TranSystems Corporation for the detail final design work for the Camp Street Underpass Rehabilitation Project by Ordinance No. 10‐022, passed on March 22, 2010, and a Second Amendment to the Agreement to move forward with a Phase II Environmental Site Assessment (ESA) for the Hiser Transmission facility which abuts the project boundaries, by Ordinance No. 11‐005, passed on February 11, 2011; and WHEREAS, the City Commission authorized an LPA Federal Project Agreement between the City and the Ohio Department of Transportation for the Camp Street Underpass Rehabilitation Project by Resolution No. 023‐11R, passed on June 27, 2011; and WHEREAS, the City Commission authorized the City Manager to enter into a Third Amendment to the Agreement with TranSystems Corporation for the design work to eliminate a ramp not necessary for the overall project for the Camp Street Underpass Rehabilitation Project by Ordinance No. 11‐102, passed on October 24, 2011; and WHEREAS, the City Commission authorized the City Manager to enter into an agreement with the Norfolk Southern Railway Company for necessary services related to the Camp Street Underpass Rehabilitation Project by Ordinance No. 12‐019, passed on February 27, 2012; and WHEREAS, this City Commission declared the necessity for the City to proceed with the proposed Camp Street Underpass Rehabilitation Project which involves the replacement of concrete sidewalks and handrails and the repair and painting of the abutment and upper retaining walls on both sides of the road from North Depot Street to Filmore Street and in addition involves the installation of new handrail and relocating a sewer force main, which is currently located above the sidewalk, to under the sidewalk and the repair of the sewer pump station for the underpass by Resolution No. 019‐14R, passed on April 14, 2014; and WHEREAS, this City Commission approved the awarding of the contract to Schirmer Construction, LLC, of North Olmsted, Ohio, for work being performed for the Camp Street Underpass Rehabilitation Project by Ordinance No. 14‐072, passed on June 23, 2014; and WHEREAS, this City Commission authorized the City Manager to enter into an agreement for Professional Contract Administration and Inspection Services with K.E. McCartney & Associates, Inc. for the Camp Street Underpass Rehabilitation Project by Ordinance No. 14‐086, passed on July 14, 2014; and WHEREAS, a preliminary investigation indicated the waterline is located under the eastern sidewalk under the railroad bridge, which is the same location of the new buried storm sewer forcemain, and not near the centerline of Camp Street as City records specified and due to EPA requirements for spacing and of possible conflicts during or after construction, capping of the existing waterline at the north and south ends of the project will be necessary; and PAGE 2 ‐ ORDINANCE NO. __________ WHEREAS, this First Change Order provides for two (2) item changes and are listed as follows: 1. Exploratory waterline excavation (completed) ADD $1,266.40 2. Existing waterline capping (to be completed) ADD $32,453.65 TOTAL $33,720.05 WHEREAS, the original contract with Schirmer Construction LLC is $1,774,110.00 and with the addition of this First Change Order in the amount of $32,720.05, the revised contract amount is $1,807,830.05 and the Ohio Department of Transportation (ODOT) will pay 80% of item no. 1 in the amount of $1,013.12 and the remaining balance of item no. 1 together with item no. 2 in the amount of $32,706.93 will be paid with Water Funds; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to allow the contractor to perform the waterline capping and keep the project on schedule; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager is hereby authorized and directed to approve this First Change Order for work to be performed and to be performed by Schirmer Construction LLC of North Olmsted, Ohio, for the Camp Street Underpass Rehabilitation Project in an amount not to exceed Thirty Three Thousand Seven Hundred Twenty and 05/100 Dollars ($33,720.05). Section 2. If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4. That for the reasons set forth in the preamble hereto, this Ordinance is hereby declared to be an emergency measure which shall take immediate effect in accordance PAGE 3 ‐ ORDINANCE NO. __________ with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. ATTEST: Passed: December 22, 2014 DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION KELLY L. KRESSER CLERK OF THE CITY COMMISSION To: Eric Wobser, City Manager From: Victoria Kurt, Recreation Program Supervisor Date: December 9, 2014 Subject: Commission Agenda Item ITEMS FOR CONSIDERATION: Requesting legislation approving and ratifying the submission of a grant application to the Erie County Community Foundation for the Recreation Department. BACKGROUND INFORMATION: Erie County Community Foundation “Community Links Internship Program – Deadline of December 15, 2014. Application was submitted on December 8, 2014 for the City of Sandusky Recreation Department to become a host for the 2015 Internship Program. The “Community Links Internship Program” started in 2013 with the support of the Erie County Community Foundation and other private foundations in Erie County. Community Links provides and pays summer interns who work at selected Erie County non-profit and public organizations for a 10 week summer program (June 1, 2015-August 7, 2015). It is the goal of this program to not only build the capacity of local organizations but also connect local students with our community in hopes that the best and brightest will choose to remain in Erie County after graduation. In 2014, the City of Sandusky Recreation Department was chosen as one of three hosts for the Intern Program and was granted $4,000 for the 10-week program. BUDGETARY INFORMATION: There is no budgetary impact. The grant requires no matching funds from the City and will be used as partial funding for the cost of the project. ACTION REQUESTED: It is requested that the proper legislation be prepared to allow for the approval and ratification of the grant application submitted to the Erie County Community Foundation and if awarded for the City Manager to execute any required agreements and expend funds consistent with the agreements. It is further requested that this be passed to take immediate effect in accordance with Section 14 of the City Charter in order to ratify the grant application submitted on 12/8/14 and lawfully expend funds, if awarded. , Victoria Kurt Recreation Program Supervisor Approved: ______________________________ Eric Wobser City Manager RESOLUTION NO.__________ A RESOLUTION APPROVING AND RATIFYING A GRANT APPLICATION SUBMITTED TO THE ERIE COUNTY COMMUNITY FOUNDATION FOR THE COMMUNITY LINKS INTERNSHIP PROGRAM FOR THE RECREATION DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY REQUIRED AGREEMENTS; AND DECLARING THAT THIS RESOLUTION SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the Sandusky Recreation Department submitted an application to the Erie County Community Foundation on December 8, 2014, to become a host for the 2015 Community Links Internship Program (June 1, 2015 through August 7, 2015); and WHEREAS, the Community Links Internship Program started in 2013 with the support of the Erie County Community Foundation and other private foundations in Erie County to provide and pay summer interns to work at selected Erie County non‐profit and public organizations for a 10 (ten) week program and the goal for the program is to not only build the capacity of location organizations but also connect local students with the community in hopes that the best and brightest will choose to remain in Erie County after graduation; and WHEREAS, this Resolution should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to ratify the grant application submitted to the Erie County Community Foundation for the Community Links Internship Program on December 8, 2014; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Recreation of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio, finds that an emergency exists regarding the aforesaid, and that it is advisable that this Resolution be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission hereby approves and ratifies the submission of a grant application to the Erie County Community Foundation for the Community Links Internship Program for the Recreation Department and authorizes and directs the City Manager and/or Finance Director to execute any grant agreements and to lawfully expend funds consistent with the application should they be awarded. Section 2. If any section, phrase, sentence, or portion of this Resolution is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Resolution were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. PAGE 2 ‐ RESOLUTION NO.__________ Section 4. That for the reasons set forth in the preamble hereto, this Resolution is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION ATTEST: KELLY L. KRESSER CLERK OF THE CITY COMMISSION Passed: December 22, 2014 (12/18/2014) Kelly Kresser - Re: Fwd: Liquor Permit Transfer From: To: CC: Date: Subject: Attachments: Arielle Blanca Kresser, Kelly Byington, Angela 12/10/2014 10:17 AM Re: Fwd: Liquor Permit Transfer Re: Fwd: Liquor Permit Transfer Hi Kelly - I thought that address looked familiar. Here is a copy of what I had sent to you regarding that property back in August for the liquor transfer. Let me know if you need anymore information. Thank you, Arielle Blanca Arielle Blanca City of Sandusky, Assistant Planner 222 Meigs Street, Sandusky, OH 44870 (419) 627-5715 [email protected] www.cityofsandusky.com Page 1 (12/18/2014) Kelly Kresser - Re: Fwd: Liquor Permit Transfer From: To: CC: Date: Subject: Arielle Blanca Kresser, Kelly Corrigan, Rebecca 8/19/2014 1:02 PM Re: Fwd: Liquor Permit Transfer Hi Kelly -Thank you for checking. The address listed at 1042 Camp Street is zoned "R2F"/Two-Family Residential according to zonepro. This zoning district does not permit the sale of alcoholic beverages. The property is currently a bar on the lower north side and the remainder of the building is apartments, therefore issuing this liquor license will not change the use of the property. Thank you, Arielle Blanca >>> Kelly Kresser 8/19/2014 12:34 PM >>> No, I do not see any changes to the zoning for this property in 2002. >>> Arielle Blanca 8/18/2014 4:21 PM >>> Hi Kelly - I have been researching this information for you, but have ran into some issue with the zoning of the property. I could not find the property listed as 1040 Camp St. but I did find this property listed at 1042 Camp St. The zoning on this property is not accurate. If you have time could you check zone map amendments from the year 2002 to see if the zoning was ever changed? Thank you!! Arielle >>> Rebecca Corrigan <[email protected]> 8/12/2014 6:23 AM >>> Please research this / thanks Rebecca Corrigan Begin forwarded message: > From: "Kelly Kresser" <[email protected]> > Date: August 11, 2014 at 10:29:17 AM EDT > To: "John Orzech" <[email protected]>, "Rebecca Corrigan" <[email protected]>, "Stephen Rucker" <[email protected]> > Subject: Liquor Permit Transfer > > Attached is a liquor permit transfer request from John W., Jr. Kersker > Estate & Barbara L. Kersker Executrix, dba Camp Street Bar, 1040 Camp > Street to Barbara L. Kersker. > > Please provide comments relative to this liquor license transfer for > the next commission meeting. Page 1 (12/10/2014) Kelly Kresser - Re: Liquor License Transfer From: To: Date: Subject: Stephen Rucker Kelly Kresser 12/10/2014 9:08 AM Re: Liquor License Transfer There are no objections from my office, Thanks >>> Kelly Kresser 12/10/2014 9:04 AM >>> Attached is a request from the Ohio Division of Liquor Control for a liquor license transfer for Camp Street Bar, 1040 Camp Street. Please provide comments to me for consideration by the commissioners. Page 1 (12/11/2014) Kelly Kresser - Re: Liquor License Transfer From: To: Date: Subject: John Orzech Kresser, Kelly 12/11/2014 8:01 AM Re: Liquor License Transfer The document you received didn't have a name on the transfer. I received similar documents from Liquor which had the owner as Richard Kotz Sr. born in 1936. There are no objections to the transfer from police. John >>> Kelly Kresser 12/10/2014 9:04 AM >>> Attached is a request from the Ohio Division of Liquor Control for a liquor license transfer for Camp Street Bar, 1040 Camp Street. Please provide comments to me for consideration by the commissioners. Page 1 (12/15/2014) Kelly Kresser - Re: Liquor License Transfer From: To: CC: Date: Subject: Arielle Blanca Kresser, Kelly Byington, Angela 12/15/2014 8:42 AM Re: Liquor License Transfer Hi Kelly - We see no reason to object to the liquor permit transfer request because the property located at 212 Fremont Avenue has a current use as a restaurant/cafe/bar and is located in the "RB"/Roadside Business District. In the zoning code the "RB" / Roadside Business District 1133.05 (2)(a) allows "the sale and serving of all beverages". Thank you, Arielle Blanca >>> Kelly Kresser 12/12/2014 12:48 PM >>> Attached is a liquor license transfer from Cabana Bob LLC dba Margaritaville to 212 Fremont LLC dba Original Margaritaville, 212 Fremont Avenue. Please provide comments regarding this proposed transfer. Page 1 (12/12/2014) Kelly Kresser - Re: Liquor License Transfer From: To: Date: Subject: Page 1 Stephen Rucker Angela Byington; Arielle Blanca; John Orzech; Kelly Kresser 12/12/2014 12:52 PM Re: Liquor License Transfer No objection from my office, thanks Steve Rucker Fire Marshal Bureau of Fire Prevention and Risk Reduction Sandusky Fire Department (419)627-5823 "My personal journey is to fulfill the highest expression of myself here as a human being" -Oprah Winfrey >>> Kelly Kresser 12/12/2014 12:48 PM >>> Attached is a liquor license transfer from Cabana Bob LLC dba Margaritaville to 212 Fremont LLC dba Original Margaritaville, 212 Fremont Avenue. Please provide comments regarding this proposed transfer. (12/12/2014) Kelly Kresser - Re: Liquor License Transfer From: To: Date: Subject: John Orzech Kresser, Kelly 12/12/2014 1:41 PM Re: Liquor License Transfer No issues. >>> Kelly Kresser 12/12/2014 12:48 PM >>> Attached is a liquor license transfer from Cabana Bob LLC dba Margaritaville to 212 Fremont LLC dba Original Margaritaville, 212 Fremont Avenue. Please provide comments regarding this proposed transfer. Page 1