PICKERINGTON CITY COUNCIL
TUESDAY, JULY 19, 2005
CITY HALL, 100 LOCKVILLE ROAD
REGULAR
MEETING AGENDA
7:30
P.M.
1. ROLL CALL, PLEDGE OF ALLEGIANCE, AND INVOCATION. Council for the City of Pickerington met for a regular session Tuesday, July 19, 2005, at City Hall. Mayor Shaver called the meeting to order at 7:30 P.M. Roll call was taken as follows: Mr. Wright, Mr. Hackworth, Mr. Parker, Mr. O’Brien, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. Mr. Wisniewski was absent. Others present were: Lynda Yartin, Linda Fersch, Chief Taylor, Phil Hartmann, Ed Drobina, Jennifer Frommer, Lance Schultz, Patti Wigington, Mackenzie White, Reverend Karen Burnard, Jack Sower, Lawrence Cohen, Brian Sauer, Terry Walburn, Harry Myer, and others. Reverend Burnard delivered the invocation.
2. APPROVAL OF MINUTES OF JULY 5, 2005, REGULAR MEETING. Mr. Hackworth moved to approve; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Parker, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 5-0.
3. APPROVAL OF AGENDA. Mr. O’Brien moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mr. Parker, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
4. COMMUNITY COMMENTS:
A. Mr. Lawrence Cohen. Mr. Cohen stated he was presenting representing Jeff and Darla Berman who are the owners of the property on tonight’s agenda requesting a rezoning. Mr. Cohen stated the owners were moving their offices from 93 West Columbus Street to this property at 145 West Columbus Street as they have out grown their current space. Mr. Cohen stated he was asking Council’s assistance in this rezoning process, and while the rezoning has been recommended by staff, approved by the Planning and Zoning Commission, and the Service Committee, it is particularly necessary in this case to expedite this rezoning. He stated he understood there have been lengthy discussions regarding the use of emergency legislation for rezoning, and while he agreed it is not proper to use emergency legislation to prohibit voters from filing for a referendum on controversial zoning matters, this is neither and possesses another use characteristic. He stated he felt this situation presented a unique opportunity for this Council to recognize that, although rare, there are circumstances where it is appropriate to use emergency legislation in a rezoning matter. Mr. Cohen stated again he was asking for Council’s help to get his clients into their new offices as soon as possible as they are simply not able to accommodate the entire staff required for their business at the present location. Mayor Shaver stated he would like to point out that our zoning code requires a public hearing before Council before it can be enacted, and that public hearing is scheduled for August 16, 2005. Mayor Shaver stated the public hearing must be held prior to a third reading by Council. Mr. Sabatino inquired if there was a reason the public hearing was not scheduled before August 16th, and Mr. Schultz stated our process requires the first public hearing at Council be held after Service Committee reviews the project. He stated Service Committee reviewed this issue at their July 13th meeting, and, also, adjacent residents must be notified at least 28 days prior to the hearing, so the first Council meeting the hearing could be scheduled at was August 16th. Mr. Sabatino stated in the past public hearings have been held at the time the issue was scheduled for a first reading. Mayor Shaver stated that was correct, but to try and expedite the process and still meet all of our requirements, the ordinance is on the agenda for a first reading this evening and the public hearing will be held prior to the third reading. Mr. Schultz stated in the normal process, the legislation would be scheduled for a first reading on August 16th. Mr. Parker stated it is required by our Code to have the public hearing prior to the third reading and at that meeting there may be neighbors who have comments on the rezoning. He stated if after the public hearing, if there is no opposition, he would request the emergency language and if the remainder of Council chooses to vote for that it could be effective immediately.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no consent agenda items.
6. COMMITTEE REPORTS:
A. SERVICE COMMITTEE. Mr. Hackworth stated Service Committee met last week and the rezoning legislation from that meeting is on tonight’s agenda. He stated other items from that meeting on tonight’s agenda include the street paving contract, an application for the SIB loan, and the approval of the plat for Dominion Homes in Spring Creek. He stated Service Committee also had two work sessions, one was a presentation on what effect our wellfield on Diley Road would have on Pickerington Ponds, and the second was a presentation on the Courtright Road extension. He stated he would answer any questions.
7. REPORTS:
A. MAYOR. Mayor Shaver administered the oath of office to two members of the Utility Fees Review Committee.
B. LAW DIRECTOR. Mr. Hartmann stated with regard to Ordinance 2005-54, he was requesting Council keep this item on the Table this evening as they are still working through a couple of issues, but he anticipated it being completed by the end of the week. He stated he would answer any questions.
C. FINANCE DIRECTOR. Mrs. Fersch stated we are in the last stages of completing our Comprehensive Annual Report. Mrs. Fersch stated she would answer any questions.
D. MANAGER. Mayor Shaver stated Ms Gilleland’s report had been distributed.
E. SERVICE DIRECTOR. Mr. Drobina stated with regard to the Ordinance 2005-63, this authorizes the contract with Shelly Company for the annual street improvements, it does contain emergency language as requested by Service Committee so the paving can be completed while the weather permits. Mr. Drobina stated further Ordinance 2005-64 would authorize the City Manager to submit a joint application with Fairfield County and Violet Township to renovate and upgrade the City’s water lines and the County’s sanitary lines in Mingo Estates.
F. PLANNING AND ZONING DIRECTOR. Mr. Schultz stated Ordinance 2005-62 was approval of the final plats for Section 2, Phases 1 and 2, of the Spring Creek Subdivision. He stated Planning and Zoning approved this in June and Service Committee had approved it at their last meeting, both with the conditions that are attached to the ordinance. Mr. Schultz stated Ordinance 2005-65 is the rezoning discussed earlier, and at the required public hearing before Planning and Zoning there was no major opposition to the rezoning. He stated the public hearing in front of Council is scheduled for August 16th. Mr. Schultz further stated Ordinance 2005-50 is on the Table for a third reading and he would request that remain on the table this evening as they are still trying to work out the Courtright Road extension issue. Mr. Wright clarified that two public hearings are required on a rezoning, one before Planning and Zoning and one before City Council.
8. PROCEDURAL READINGS:
A. ORDINANCE 2005-62, “AN ORDINANCE ACCEPTING THE FINAL PLATS FOR SECTION 2 – PHASES 1 AND 2 OF THE SPRING CREEK SUBDIVISION (DOMINION HOMES,)” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this was the legislation Mr. Schultz had briefed on earlier and he would answer any questions anyone might have. Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.” Motion passed, 6-0.
B. ORDINANCE 2005-63, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SHELLY COMPANY FOR THE 2005 ANNUAL STREET IMPROVEMENT/REPAVING PROJECT AND DECLARING AN EMERGENCY,” First Reading, Parker. Mr. Parker moved to adopt; Mr. Hackworth seconded the motion. Mr. Parker stated he would ask for three readings and the emergency this evening in order to allow the paving to be completed during the warm weather. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 6-0. Mr. Parker moved to suspend the rules for the purpose of three readings; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. O’Brien, and Mr. Sabatino voting “Yea.” Suspension of Rules passed, 6-0. Second Reading. Mr. Parker moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 6-0. Third Reading, with emergency. Mr. Parker moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mrs. Riggs, and Mr. Parker voting “Yea.” Motion passed, with emergency, 6-0.
C. ORDINANCE 2005-64, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT A JOINT APPLICATION WITH FAIRFIELD COUNTY AND VIOLET TOWNSHIP FOR ISSUE II (SCIP) FUNDS FOR RENOVATING AND UGRADING THE CITY’S WATER LINES AND THE COUNTY’S SANITARY SEWER LINES SERVING THE MINGO ESTATES SUBDIVISION,” First Reading, Parker. Mr. Parker moved to adopt; Mr. Wright seconded the motion. Mr. Parker clarified the application must be filed by October 1st and he would, therefore, ask for one reading this evening. It was clarified this was not for the entire Mingo Estates, but for the original lines on Brookside Drive. Mr. Sabatino stated he has a family member who lives in Mingo Estates, but not on Brookside Drive, and after conferring with the law director he was told he did not need to abstain from voting on this issue as it would not be a conflict. Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.” Motion passed, 6-0.
D. ORDINANCE 2005-65, “AN ORDINANCE APPROVING THE REZONING AT 145 WEST COLUMBUS STREET, PICKERINGTON, OHIO, FROM R-4 (RESIDENTIAL DISTRICT) TO C-2 (CENTRAL BUSINESS/MIXED USE DISTRICT) FOR CHESTA CO., INC.,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Mr. Hackworth stated this was the rezoning Mr. Schultz briefed on that Service and Planning and Zoning had approved. Mr. Parker stated he felt this was an asset for the downtown area because there is usually an increase in property value when you rezone to commercial. Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.” Motion passed, 6-0.
E. ORDINANCE 2005-54, “AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST CONSISTING OF A COMBINED 0.911 ACRES, MORE OR LESS, FROM DON McAULIFFE, IN PROPERTY LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, AND DECLARING AN EMERGENCY” Second Reading, Hackworth. (TABLED)
9. LEGISLATIVE READINGS:
A. ORDINANCE 2005-50, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR THE WELLINGTON PARK SUBDIVISION – SECTION 1 (VIRGINIA HOMES),” Third Reading, Hackworth. (TABLED)
B. ORDINANCE 2005-55, “AN ORDINANCE ADOPTING NEW DEBT POLICY FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE CITY OF PICKERINGTON’S DEBT PROGRAM,” Third Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Mrs. Riggs stated she was happy to see we will be implementing a debt policy to let everyone know how we will manage our debt. Mr. Wright stated he did not want anyone to get the idea this was an all new debt policy. He stated these are policies the City has followed for years for the most part, and we are basically putting them into written form so they are available that way. Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, and Mr. Hackworth voting “Yea.” Motion passed, 5-1.
10. OTHER BUSINESS: No other business was brought forward.
11. MOTIONS:
A. MOTION TO APPOINT A MEMBER OF SERVICE COMMITTEE AS COUNCIL’S REPRESENTATIVE TO THE UTILTY FEES REVIEW COMMITTEE. Mr. O’Brien moved to appoint Ted Hackworth as Council’s Representative to the Utility Fees Review Committee; Mr. Parker seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mr. Parker, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
12. ADJOURNMENT. There being nothing further, Mr. Hackworth moved to adjourn; Mr. O’Brien seconded the motion. Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voted “Aye.” Motion carried, 6-0. The meeting adjourned at 8:10 P.M., July 19, 2005.
RESPECTFULLY SUBMITTED:
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ATTEST:
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