PICKERINGTON CITY COUNCIL

TUESDAY, AUGUST 2, 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, August 2, 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. Wisniewski, Mr. Sabatino, and Mayor Shaver were present. Mrs. Riggs was absent.  Others present were: Judy Gilleland, Lynda Yartin, Ann Ellis, Commander Steve Annetts, Phil Hartmann, Ed Drobina, Jennifer Frommer, Patti Wigington, Mackenzie White, Dennis Schwallie, Ralph Eubanks, Ruth Eubanks, Sonnie Stuart, Bill Stuart, Jim Knox, Linda Knox, Jeff Fix, Thomas Howard, Lawrence Cohen, Greg Drummond, Willmetta Anderson, Boy Scout Troop 256, and others.  Mr. Wisniewski delivered the invocation.   

 

2.         A.        APPROVAL OF MINUTES OF JULY 19, 2005, REGULAR MEETING.  Mr. Parker moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Wisniewski abstaining, Mr. Sabatino voting “Nay,” and Mr. Parker, Mr. Wright, Mr. Hackworth and Mr. O’Brien voting “Yea.”  Motion passed, 4-1. 

 

B.         APPROVAL OF MINUTES OF JULY 25, 2005, SPECIAL MEETING.  Mr. Parker moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Wisniewski and Mr. Wright abstaining, Mr. Sabatino voting “Nay,” and Mr. O’Brien, Mr. Hackworth, and Mr. Parker voting “Yea.”  Motion failed, 3-1.

 

3.         APPROVAL OF AGENDA.  Mr. Parker moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

4.         COMMUNITY COMMENTS:  

 

Mayor Shaver stated he understood several residents were present this evening regarding the issue of a half-way house coming to a subdivision in Pickerington.  He stated prior to comments he would like to note that the City has received notification from the proposed applicant that due to the community’s opposition to that proposal, they are withdrawing and there will not be an application submitted for a half-way house in that residential neighborhood.  Mayor Shaver stated further, there was a request for clarification of what ordinances are applicable to such entities and he would request Mr. Hartmann provide that clarification.  Mr. Hartmann stated the Code does prohibit group homes and in the Ohio Revised Code a group home is defined as six or more unrelated people living together.  He stated the Pickerington Code does provide that a family is defined as five or less unrelated individuals living in a single family home.  Mr. Hartmann stated further a lot of this is based on case law from the Supreme Court of the United States. 

 

Mr. Jim Knox inquired if the residents would be notified should an application for this type of use be submitted and Ms Gilleland stated there is no requirement for a public hearing, however, we did not receive an official application for the project, we received informal phone calls and then spoke with our attorney for legal clarification.  Mr. Hartmann stated if something would occur where a home would go in, the City is not without recourse.  The City could cite the persons for violations of the Pickerington Code either in Mayor’s Court or in Common Pleas Court of Fairfield County for an injunction action to enforce the actual Codified Ordinances of Pickerington.  Mayor Shaver clarified what we were dealing with at this point were informal inquiries.  A resident clarified that five unrelated persons living in a home was allowed, and there is no application process required for this.  Mr. Hartmann stated if it came to the City’s attention that there was more than five, we would have a code enforcement officer go out and cite the property owner and they would have to prove in court if they actually had less than five.  Mrs. Ruth Eubanks stated the neighbors were all concerned about something like this bringing down their property values.  Mrs. Willmetta Anderson stated she had taken a copy of her deed restrictions to the Zoning Office and asked for some clarification on what they viewed the deed restrictions as, and she has not received a response as yet.  Mr. Hartmann stated he had received a copy, however, the City cannot enforce deed restrictions unless it was a part of the entire platting process and is on the plat.  Mayor Shaver stated the City’s attorney can look at the deed restrictions, however, the City cannot enforce them.  Mrs. Anderson stated as she understood it, right now, it could still happen.  Mr. Wisniewski stated he would like to know if there was some way to define a half-way house or a group home, and restrict it.  Mr. Hartmann stated we can look at ways to strengthen the current code, and that sounds like something the public would like to see.  Mayor Shaver stated he was glad the residents had come in tonight to express their concerns, and Mr. Hartmann would review our Code to see how it can be strengthened.  Mr. O’Brien stated he would like to have this issue added to the agenda for the appropriate Committee so it can be discussed to see what we can do.  Mayor Shaver stated Planning and Zoning Commission and Service Committee would be the appropriate starting points and Mr. O’Brien requested it be added to the Planning and Zoning Commission for discussion at their next meeting.  Mayor Shaver stated he would suggest that interested residents attend the Planning and Zoning Commission meeting, which is held on the second Tuesday of each month at 7:30 P.M.

 

Mr. Lawrence Cohen.  Mr. Cohen stated he was present to address the rezoning of 145 West Columbus Street.  Mr. Cohen stated he understood Council still has the ability to use emergency legislation for rezonings and he felt in this situation it was appropriate and he asked that Council consider passing this legislation with emergency language on it’s third reading. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there was one consent agenda item this evening.  Resolution 2005-14R, “A Resolution re-appointing Wesley Campbell to the Parks and Recreation Board,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

6.         COMMITTEE REPORTS: 

 

            A.        FINANCE COMMITTEE.  Mr. Hackworth stated Finance Committee had sent appropriations legislation to Council and also the legislation dealing with our insurance and an amendment to the Pay Plan and Authorized Strength.  Mr. Hackworth stated Finance had also recommended the legislation for impact fees be sent to Council at the August 16th meeting.  Mr. Parker stated he had requested a study to determine if a Community Authority would generate more funds than the impact fees, and he wondered if that had been done.  He stated if a Community Authority would generate more funds he felt we should look at that avenue.  Mr. Parker stated he felt taxing our commercial businesses with an impact fee is a mistake when we are trying to bring commercial businesses to our community.  Ms Gilleland stated she was not aware of any comparison, and if Council would like for staff to undertake a study it would probably entail a great deal of work.  Mr. O’Brien stated he did not want to hold up the impact fee ordinance in any way.  Mr. Sabatino stated he believed New Albany had some type of Community Authority and perhaps a call to them would give us some insight on what they did and how it was performing.  Mayor Shaver stated we were aware that two communities in our area, New Albany and Granville, enacted Community Authorities.  He stated New Albany’s was enacted at a time that residential development would encompass the vast overwhelming majority of the community, unlike Pickerington where it would be an isolated portion.  Mayor Shaver further stated the Community Authority in Granville was for a small piece of property.  Mayor Shaver stated he would at this time move forward with the agenda. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed.  Mayor Shaver stated he would like to congratulate everyone involved with the Violet Festival as it was an outstanding event.  Mr. O’Brien stated he would like to mention how much work was done by the Boy Scouts and he would like to let all the Scouts know how much everyone appreciates everything they did.   

 

B.         LAW DIRECTOR.  Mr. Hartmann stated with regard to Ordinance 2005-54, he was requesting Council keep this item on the Table this evening.  He stated all the terms have been agreed upon, it is just a matter of executing the signatures. 

 

C.        FINANCE DIRECTOR.  Mrs. Ellis stated Mrs. Fersch is attending a conference this week, however, she was requesting three readings this evening on the appropriation ordinance in order to appropriate the funds for the street repaving contract.  Mrs. Ellis stated further the legislation for the public liability insurance is also on the agenda for a first reading, and Mr. Schwallie is present to answer any questions on the note renewal legislation.  Mr. Schwallie stated the legislation authorizing the loan from the State Infrastructure Bank is on tonight’s agenda and he would answer any questions on that as well. 

    

D.        MANAGER.  Ms Gilleland stated her report had been distributed and she would answer any questions.  She stated further she would like to echo the Mayor’s comments regarding the Violet Festival for a very successful event.  Mr. Sabatino stated the Manager’s report indicates the City issued a stop work order for Giant Eagle and he would like to know if the issues have been resolved.  Ms Gilleland stated the developer had met with staff today, and she did not know the results of that meeting.  She stated, however, the developer had a permit for the demolition work only and was attempting to do some further work on the site.  She stated the City needed to have some plans submitted and approved prior to that work commencing.  Ms Gilleland stated we would be working through these issues with the developer. 

 

E.         SERVICE DIRECTOR.  Mr. Drobina stated Windmiller Drive is scheduled to open on Monday, and the repaving on S.R. 256 by the Drug Mart is also scheduled to begin on Monday. 

 

F.         PARKS AND RECREATION DIRECTOR.  Mr. Carr stated legislation is on tonight’s agenda authorizing the City Manager to accept the proposal from Edsall and Associates to prepare the Parks and Recreation Facilities Master Plan.  He stated the preparation of the Plan will be about a nine month process.   

 

8.         PROCEDURAL READINGS:

 

 

A.        ORDINANCE 2005-66, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2004-81,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated as Mrs. Ellis had mentioned, this contains the appropriation for the annual street repaving project that was approved by Council at the last meeting.  He stated he would ask for three readings this evening.  Mr. Sabatino inquired what the other appropriation in the general fund was for.  Mr. Hackworth stated there are a number of legal bills that need to be paid between now and the end of the year, so an additional $200,000 is being requested.  Ms Gilleland stated a list had been distributed to Finance Committee showing all the legal fees, and a copy would be provided to all of Council. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, and Mr. O’Brien voting “Yea.”  Motion failed, 5-1. 

 

            B.         ORDINANCE 2005-67, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $380,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING STREET IMPROVEMENTS AND PARTICULARLY WIDENING DILEY ROAD IN THE CITY,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this is the note issue that is coming up for renewal at the end of September, and funds from the State Infrastructure Bank loan will be used to pay the notes if they are received prior to the renewal date.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Parker, Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 5-1. 

 

C.        ORDINANCE 2005-68, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTINUE MEMBERSHIP WITH THE CENTRAL OHIO RISK MANAGEMENT ASSOCIATION FOR THE TIME PERIOD OCTOBER 1, 2005, TO SEPTEMBER 30, 2006,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wright stated this is the City’s liability insurance and as it does expire on September 30th we will need this in place by October 1st.  Mr. Wright stated we do not have the rates back from CORMA as yet, however, we do expect an increase since we have more assets.  He stated he would request two readings this evening and prior to the final reading we would have the final figure from CORMA that can be placed into the legislation.  Mr. Parker inquired if other companies had offered liability insurance quotes to us.  Ms Gilleland stated she did not believe we sought other quotes for the liability insurance, and Mr. Wright stated Finance Committee did discuss this issue and determined to continue with CORMA for the next year.  Ms Gilleland stated we are reviewing health insurance quotes, however, this is only the liability insurance.  Roll call was taken with Mr. Wisniewski, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0.  Mr. Wright moved to suspend the rules for the purpose of a second reading; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mr. Wisniewski voting “Yea.”  Suspension of rules passed, 6-0.  Second Reading.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 6-0. 

 

D.        ORDINANCE 2005-69, “AN ORDINANCE AUTHORIZING A LOAN TO THE CITY OF PICKERINGTON NOT TO EXCEED $7,737,113.00 FROM THE OHIO DEPARTMENT OF TRANSPORTATION, STATE INFRASTRUCTURE BANK, TO FINANCE THE CITY OF PICKERINGTON’S COST SHARE ASSOCIATED WITH THE DILEY ROAD WIDENING AND REALIGNMENT PROJECT,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this loan would be used to pay off approximately $2,000,000 in engineering and design studies on the widening, and almost $2,000,000 for the Phase III Diley Road northern terminus.  He stated the additional debt of $3.5 or $3.7 million will be for our share of ODOT’s widening of Diley Road.  Mr. Hackworth stated this is a three percent loan and that is a very good rate right now.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1.  

 

E.         ORDINANCE 2005-70, “AN ORDINANCE AMENDING ORDINANCE 2004-86 (EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH),” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Wright stated this is basically the cleaning up of some titles and the rearranging of some things.  He stated he would be happy to answer any questions.  Roll call was taken with Mr. Parker, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

F.         ORDINANCE 2005-71, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT EDSALL AND ASSOCIATES, LLC’S, PROPOSAL TO PREPARE PARKS AND RECREATION FACILITIES MASTER PLAN,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wisniewski stated Mr. Carr had briefed on this earlier and he would be happy to answer any questions.  Roll call was taken with Mr. Wisniewski, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0.  

 

G.        RESOLUTION 2005-13R, “A RESOLUTION APPOINTING LINDA A. FERSCH TO THE POSITION OF INTERIM DIRECTOR OF HUMAN RESOURCES,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. O’Brien seconded the motion.  Mr. Wright stated since our Human Resource Director has moved, while we are in the midst of deciding how to restructure City Hall and take into consideration retirements and such, it was determined it was best to have someone fill in for this position.  He stated this would place Mrs. Fersch in that position and increase her salary while she is filling the position.  Mr. Wright stated unless there are any objections, he would request three readings this evening just to get it taken care of.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Wright moved to suspend the rules for the purpose of three readings; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Wright moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Wright moved to declare the emergency; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, and Mr. Parker voting “Yea.”  Motion passed, with emergency, 6-0.  

 

 

                       

H.        RESOLUTION 2005-14R, “A RESOLUTION RE-APPOINTING WESLEY CAMPBELL TO THE PARKS AND RECREATION BOARD,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

I.          ORDINANCE 2005-62, “AN ORDINANCE ACCEPTING THE FINAL PLATS FOR SECTION 2 – PHASES 1 AND 2 OF THE SPRING CREEK SUBDIVISION (DOMINION HOMES,)” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this accepts the final plat for Spring Creek which was part of the 362 acre annexation we did earlier this year.  Mr. Wisniewski clarified that the street layout of the subdivisions are considered during the platting process so we do not create speedways and cut throughs.  Mr. Hackworth stated this subdivision is partially in the Township and we are addressing this issue with them and in the next phases of the subdivision.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 6-0.  

 

            J.          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 UPGRADING THE CITY’S WATER LINES AND THE COUNTY’S SANITARY SEWER LINES SERVING THE MINGO ESTATES SUBDIVISION,” Second Reading, Parker.  Mr. Parker moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 6-0. 

 

            K.        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.,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Mr. Hackworth stated this was the rezoning Mr. Cohen had discussed earlier, and the Public Hearing on this rezoning is scheduled before the next Council meeting.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 6-0.  

 

            L.         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)

 

10.       OTHER BUSINESS:  No other business was brought forward. 

 

11.       MOTIONS: There were no motions. 

 

12.       ADJOURNMENT. There being nothing further, Mr. O’Brien moved to adjourn; Mr. Hackworth seconded the motion.  Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, and Mr. Parker voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 9:00 P.M., August 2, 2005.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

 

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor