PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, AUGUST 16, 2005

 

PUBLIC HEARING

FOR OPEN DISCUSSION REGARDING

A ZONE TEXT AMENDMENT CONCERNING SIGN STANDARDS

 

6:50 P.M.

 

Mr. Hackworth opened the Public Hearing at 6:50 P.M., with the following council members present:  Mr. O’Brien, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski.  Others present were:  Judy Gilleland, Lynda Yartin, Lance Schultz, Linda Fersch, Commander Annetts, Phil Hartmann, Ed Drobina, and others.

 

Mr. Schultz stated the purpose of the text amendments were to limit the number o colors on signs to three colords for all signs and for three colors for all signs on a Comprehensive Sign Plan.  He stated Planning and Zoning Commission held a public hearing on this issue and approved it at their last meeting.  Mr. Sabatino clarified there was no public input at the public hearing before the Planning and Zoning Commission. 

 

Mr. Hackworth ascertained there were no further comments either for or against the proposed zone text amendment. 

 

There being nothing further, Mr. Hackworth closed the public hearing at 6:55 P.M., August 16, 2005. 

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

 

____________________________________

Ted Hackworth, Vice President Pro Tempore


 

PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, AUGUST 16, 2005

 

PUBLIC HEARING

FOR OPEN DISCUSSION REGARDING

A ZONE TEXT AMENDMENT CONCERNING RESIDENTIAL DESIGN STANDARDS

 

7:00 P.M.

 

Mayor Shaver stated the public hearing on this issue has been cancelled and will be rescheduled at a later date.

 

PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, AUGUST 16, 2005

 

PUBLIC HEARING

FOR OPEN DISCUSSION REGARDING

THE REZONING OF 8.874 ACRES FROM AG TO PM-1 AT THE SOUTHEAST CORNER OF PICKERINGTON ROAD AND STEMEN ROAD FOR A NEW VIOLET TOWNSHIP ADMINISTRATION BUILDING AND ROAD MAINTENANCE FACILITY

 

7:10 P.M.

 

Mayor Shaver opened the Public Hearing at 7:10 P.M., with the following council members present:  Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, and Mr. Wisniewski.  Others present were:  Judy Gilleland, Lynda Yartin, Lance Schultz, Linda Fersch, Commander Annetts, Phil Hartmann, Ed Drobina, Bill Yaple, and others.

 

Mr. Schultz stated Planning and Zoning approved this rezoning in July with six conditions, and Service Committee approved it last Thursday, with those same six conditions.  Mr. Schultz stated Violet Township is proposing to construct an approximately 23,000 square foot facility on the southeastern portion at Pickerington Road and Stemen Road.  He stated there would be a curb cut from Pickerington Road and Stemen Road, and will be constructed in three phases.  Mr. Schultz stated phase one consists of a 5,200 square foot maintenance facility, phase two would be an almost 9,000 square foot addition to the maintenance facility, and phase three would be a 9,300 square foot addition that would include the administration offices and meeting hall.  Mr. Schultz stated the southern portion of the site would be reserved for park area, owned and operated, and maintained by the Township.

 

Mr. Yaple stated he would be happy to answer any questions Council may have.

 

There being no questions, Mayor Shaver closed the public hearing at 7:13 P.M., August 16, 2005. 

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

 

______________________________

David Shaver, Mayor


 

 

PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, AUGUST 16, 2005

 

PUBLIC HEARING

FOR OPEN DISCUSSION REGARDING

THE REZONING OF 145 WEST COLUMBUS STREET FROM R-4 TO C-2

 

7:20 P.M.

 

Mayor Shaver opened the Public Hearing at 7:20 P.M., with the following council members present:  Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mrs. Riggs, and Mr. Sabatino.  Others present were:  Judy Gilleland, Lynda Yartin, Lance Schultz, Linda Fersch, Commander Annetts, Phil Hartmann, Ed Drobina, Lawrence Cohen, and others.

 

Mr. Schultz stated Planning and Zoning approved the proposed rezoning on July 12th, and Service Committee approved it on July 14th, and there have been two readings before Council with the third reading on tonight’s agenda.  Mr. Schultz stated the owner proposes to renovate the existing house at 145 W. Columbus Street into offices for their business.   

 

Mayor Shaver ascertained there were no comments either for or against the proposed rezoning.   

 

There being nothing further, Mayor Shaver closed the public hearing at 7:22 P.M., August 16, 2005. 

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

 

______________________________

David Shaver, Mayor


PICKERINGTON CITY COUNCIL

TUESDAY, AUGUST 16, 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 16, 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. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. Mr. Parker was absent.  Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Lance Schultz, Ed Drobina, Commander Steve Annetts, Phil Hartmann, Jennifer Frommer, Patti Wigington, Mackenzie White, Lawrence Cohen, Tom Leach, Jack Sower, Kirk Richards, Pastor Phil Manson, Harry Myers, Gail Oakes, Steve Hermiller, and others.  Pastor Manson delivered the invocation.   

 

2.         APPROVAL OF MINUTES OF JULY 25, 2005, SPECIAL MEETING.  Mr. O’Brien moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Wright abstaining, Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 4-1.

 

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

 

4.         COMMUNITY COMMENTS:  

 

A.        Mr. Thomas Leach, 820 McLeod Parc.  Mr. Leach stated he would like to speak briefly on the proposed design standards being addressed by the Planning and Zoning Commission.  Mr. Leach stated he moved to Pickerington in 2000 because of it’s schools, parks, community services, and affordable homes.  Mr. Leach stated other communities that offer the same benefits are not affordable to working people, but Pickerington is great.  Mr. Leach stated his concern was about setting up various design standards, which he felt were very good in that they can help stabilize communities, however, they can go to far and add additional costs to homes which result in an increase in the cost of housing.  Mr. Leach stated he works for the U.S. Department of Housing and Urban Development, and he would like to provide some specific tools the City may or may not be aware of.  He stated there are alternatives to what is often called regulatory barriers to affordable housing, and when he spoke of affordable housing, he was not speaking about subsidized housing or senior housing, but housing that working people can afford.  Mr. Leach further stated it is somewhat ironic that some of the proposed standards may actually put housing out of the reach of these people.  Mr. Leach stated he would provide a couple of resources to the Clerk for Council’s use.  Mayor Shaver stated he would also appreciate Mr. Leach’s participation at the Planning and Zoning Commission as it is good to have people’s expertise involved in the community. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there were no consent agenda items this evening.   

 

6.         COMMITTEE REPORTS: 

 

            A.        FINANCE COMMITTEE.  Mrs. Riggs stated Finance Committee met on July 26th, and the minutes have been distributed.  Mrs. Riggs stated due to conflicting schedules, the Finance meeting scheduled for Thursday, August 18th, has been rescheduled for Monday, August 22nd.  Mrs. Riggs stated the most important item from the last meeting are the impact fees that are scheduled for a first reading this evening. 

 

            B.         SAFETY COMMITTEE.  Mr. Wisniewski stated Safety Committee met on August 1st, and the legislation for the Parks Master Plan came out of that meeting and is scheduled for a second reading this evening. 

 

            C.        SERVICE COMMITTEE.  Mr. Hackworth stated Service Committee met on August 11th, and the minutes have not been distributed as yet.  Mr. Hackworth stated several items from that meeting are on tonight’s agenda.  He further stated the contract for the D-Line Interceptor Sewer Phase IIIB came out of that meeting and is on tonight’s agenda.  Mr. Hackworth stated this is the construction of the gravity line from the Lakes Edge Lift Station over to the D-Line and he would be requesting three readings tonight so this can be constructed prior to the winter weather.  Mr. Hackworth stated he would be happy to answer any questions. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver he had no report this evening. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had no report this evening.   

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated if possible she would request the final two readings on the appropriation ordinance on tonight’s agenda, and the ordinance authorizing the loan from the State Infrastructure Bank. 

     

D.        MANAGER.  Ms Gilleland stated the annual Employee Recognition picnic will be on Thursday, and service awards will be presented to several employees at that time.  Ms Gilleland stated the Tax Incentive Review Committee will meet tomorrow evening to review our TIF and other economic development incentive programs, and Mr. Laramee from the Fairfield County Auditor’s office will chair that meeting.   

 

E.         SERVICE DIRECTOR.  Mr. Drobina stated as Mr. Hackworth had stated the contract for the construction of the D-Line Interceptor Sewer, Phase IIIB is on tonight’s agenda, as well as, a contract to install a traffic signal at Windmiller Drive and Refugee Road, an ordinance to change the name of a portion of pre-existing Diley Road, and an ordinance authorizing a Letter of Understanding with Canal Winchester regarding the purchase of up to 300,000 gallons of water a day, and this is a one year agreement. 

 

F.         PLANNING AND ZONING DIRECTOR.  Mr. Schultz stated he had three items on the agenda this evening, the amendment that would limit the number of colors on signs, the rezoning for the Violet Township facility, and the final plat for Windmiller Square.  Mr. Schultz further stated staff would request the legislation accepting the final plat for Wellington Park remain on the Table.  Mr. Schultz further stated Item 9.C. is the final reading on the Spring Creek subdivision, Section 2, Phases 1 and 2, and the developer has met the three conditions that were required prior to final plat approval.  Mr. Wisniewski clarified the ordinance for the sign colors would affect all new signage. 

 

8.         PROCEDURAL READINGS:

 

A.        ORDINANCE 2005-72, “AN ORDINANCE AMENDING CHAPTER 1292 OF THE PICKERINGTON CODIFIED ORDINANCES AND SECTION VII OF THE COMMERCIAL DESIGN GUIDELINES (APPENDIX IV OF THE PICKERINGTON CODIFIED ORDINANCES),” First Reading.  O’Brien.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Mr. O’Brien stated over the past year or so several cases have been brought before Planning and Zoning for Comprehensive Sign Plan approvals.  He stated on many of those occasions the Commission’s decisions were questioned as to the adherence to the Design Guidelines.  He continued it was suggested that the wording of the zoning code was not specific enough to substantiate their decisions, so this legislation will clean up that language and provide guidance to the Planning and Zoning Commission.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

B.         ORDINANCE 2005-73, “AN ORDINANCE APPROVING THE REZONING OF 8.874 ACRES FROM AG (RURAL DISTRICT) TO PM-1 (PLANNED RESTRICTED INDUSTRIAL DISTRICT) LOCATED AT THE SOUTHEAST CORNER OF PICKERINGTON ROAD AND STEMEN ROAD FOR A NEW VIOLET TOWNSHIP ADMINISTRATION AND ROAD MAINTENANCE FACILITY,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion.  Mr. O’Brien stated a public hearing was held on this issue earlier this evening, and he would try to answer any questions anyone might have.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

C.        ORDINANCE 2005-74, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR WINDMILLER SQUARE COMMERCIAL SUBDIVISION,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this was the final plat for three out lots in front of the Kroger store along S.R. 256, and one lot back next to the Kroger store.  He stated adjacent to the lots will be a three lane road that will be dedicated to the City when it is completed.  Mr. Wright clarified the emergency access to Old Diley Road was in the discussion phase.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0. 

 

D.        ORDINANCE 2005-75, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ELITE EXCAVATING COMPANY OF OHIO FOR THE CONSTRUCTION OF THE D-LINE INTERCEPTOR SEWER-PHASE IIIB,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this was the legislation to install the gravity line from the Lakes Edge, or Cherry Hill, lift station over to the D-Line.  He stated he would request three readings and emergency passage this evening.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mrs. Riggs, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Hackworth moved to declare the emergency; Mr. Wright seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, and Mrs. Riggs voting “Yea.”  Motion passed, with emergency, 6-0.  

 

E.         ORDINANCE 2005-76, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH JESS HOWARD ELECTRIC COMPANY FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE WINDMILLER DRIVE AND REFUGEE ROAD INTERSECTION,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Mr. O’Brien stated traffic studies done at the intersection of Refugee and Hill Roads show that the intersection is failing, so we are looking for ways to improve without necessarily putting down pavement.  He stated to help time the traffic coming into that light, and also to help getting into the back entrance to Kroger, we have elected to put a traffic signal in.  He stated further our Thoroughfare Plan shows Windmiller extending north to meet Stone Creek Drive in the future.  Mr. O’Brien stated Jess Howard Electric was the lowest bidder for this project.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

F.         ORDINANCE 2005-77, “AN ORDINANCE TO CHANGE THE NAME OF A PORTION OF PRE-EXISTING DILEY ROAD REMAINING BETWEEN REALIGNED DILEY ROAD AND S.R. 256 TO OLD DILEY ROAD IN THE CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion.  Mr. O’Brien stated since Diley Road has been realigned, it is necessary to rename the pre-existing portion of the road, and it makes sense to name it Old Diley Road so the properties there will have an address to use.  Roll call was taken with Mr. Wright abstaining, and Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 5-0. 

 

G.        ORDINANCE 2005-78, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF UNDERSTANDING WITH VILLAGE OF CANAL WINCHESTER REGARDING THE PROVISION OF WATER SERVICES AND DECLARING THE EMERGENCY,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated the City became aware this spring that Canal Winchester had lost a well and they have asked us for an emergency hook-up to supply them with up to 300,000 gallons of water per day, if needed.  He stated that would probably not be an every day necessity, and the term limit on the Letter of Understanding is for twelve months.  Mr. Wright stated he did believe this was an emergency for Canal Winchester, and he believed it warranted emergency legislation from Pickerington, but he thought the requirement in our legislation should define why it was an emergency for us, not for Canal Winchester.  Mr. Hartmann stated he had written the legislation as an emergency in an effort to help our neighbors, but if there is a concern and Council desired to pass it as a non-emergency it could be done that way.  Mr. Wright stated he did not have a problem with declaring an emergency on this legislation, his concern was that we had citizens demand that we meet the six items that define what constitutes an emergency for the City of Pickerington before legislation is passed as an emergency, and he did not feel this legislation was written to fit that criteria.  Mr. Wright stated he agreed it is an emergency, and it is a situation where we should have the emergency language, but it does not fit the requirement of the citizen action that states we must tell them what the emergency action is and how it relates to the City of Pickerington.  He continued, this told us how it related to the Village of Canal Winchester, not to the City of Pickerington.  Mr. Hartmann stated he was comfortable in drafting this as emergency legislation, and he felt the initiative allowed this to be passed as an emergency because it is an emergency for Canal Winchester.  Mayor Shaver stated he understood Mr. Wright’s position and he agreed this was an emergency for Canal Winchester but not for Pickerington, however, sometimes one needs to be a good Samaritan.  Mayor Shaver stated Mr. Wright’s point is technically correct.  Mr. Sabatino stated he understood the reason for the emergency language, and Mr. Wright stated he did not have a problem voting for this as an emergency, his point was that we were required to state the emergency as it relates to Pickerington, and this does not.  Mr. Wright stated again he agreed we needed to do this as a good neighbor to the Village of Canal Winchester, and he supports the emergency language.  He stated he wanted to bring this point up because, as council members, he felt they should remember that what seemed like a good idea at the time may come back and effect you later.  Mayor Shaver stated if there was an economic disaster for Canal due to the inability to provide water, or an actual disaster such as a fire because of the inability to provide water, it could potentially spread to Pickerington and that would become an emergency for Pickerington.  Mr. Hartmann stated there is a great deal of case law that defines the public peace, health, safety, and welfare of the citizens very broadly and defers to Council’s decision as to whether, in fact, that exists.  Mr. Hartmann stated he felt the intent was to avoid emergency in cases when there were a great deal of emergencies that went on, and he did not believe there was an outcry relating to the possibility of a referendum on this, and the emergency eliminates the referendum period.  Mr. Hartmann further stated the agreement provides a great deal of discretion to the City Manager in deciding whether to allow this to go forward as it relates to the citizens of Pickerington.  Mr. Hackworth stated in an emergency situation perhaps the City could get water from Canal as well.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading, with emergency.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, and Mrs. Riggs voting “Yea.”  Motion passed, with emergency, 6-0. 

 

H.        ORDINANCE 2005-79, “AN ORDINANCE AMENDING SECTION 274.02 AND ADOPTING IMPACT FEE AMOUNTS AND THE PROCEDURES FOR THE IMPOSITION, CALCULATION, COLLECTION, EXPENDITURE AND DEVELOPMENT;  PROVIDING FOR SEVERABILITY;  AND PROVIDING  FOR AN EFFECTIVE DATE,” First Reading, Riggs/Hackworth/O’Brien/Wright/ Wisniewski/Parker/Sabatino.  Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Riggs stated she felt one of her concerns is just going to be having a way to track these fees with the administration and the collection of them.  She stated she felt we may need to make changes, however, we are listening to the citizens in regard to the growth issues and this is another way for us to increase our revenues to support the growth in our infrastructure.  Mr. Wright stated he wanted to make sure that everyone understood this was an impact fee that generates income for the City of Pickerington, it does not address any school or other issue.  He stated with recent changes in Ohio legislation, he hoped the schools would be able to do some things with impact fees and he hoped we would be able to coordinate with them.  Mr. Wright stated his biggest concern is the fact that we are looking at impact fees on commercial development and when every other locality is giving tax incentives we are looking at creating an impact fee for commercial while we are trying to increase commercial development.  Mr. Wright stated he felt this needed to be watched closely and we need to make sure our impact fee on commercial development and on housing development does not simply move the commercial and new housing development into surrounding communities.  Mr. Wright stated if the surrounding communities would do a similar impact fee, and we coordinate all together, he felt that would be the best of all worlds.  Mayor Shaver stated there are provisions in the legislation for exceptions for unique economic development.  Mr. Sabatino stated he concurred with Mr. Wright’s concerns and he is somewhat relieved by the fact that the ordinance did provide for waivers for businesses approved by Council for extraordinary applications.  He stated there are some questions being researched and he felt this would be a great thing that the residential community pay for it’s portion of the demand it places on the City for the new development they create.  He stated he is looking forward to a piece of legislation that will be a benchmark for the whole central Ohio community if we do it right here.  Mr. Hackworth stated the ordinance directs the staff to reevaluate the numbers on July 6, 2006, and every year thereafter, so there will be a constant monitoring of this.  Mr. Hackworth further stated overall he felt this was a good ordinance and with the introduction of House Bill 299 that will establish a statute that Townships and school districts can impose impact fees, he felt this would be a situation where the three government entities will be on a level playing field in imposing the impact fees.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

I.          RESOLUTION 2005-15R, “A RESOLUTION OF INTENT TO APPROPRIATE A 0.265 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FROM SMC LTD., LOCATED EAST OF REYNOLDSBURG-BALTIMORE ROAD (S.R. 256), CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this is an issue that has been going on for some time, and we are trying to use an access that the City funded.  He stated this would allow the Law Director to file this action.  Mr. Hartmann stated this is the first step of Council authorizing the Law Director to begin negotiations and explore the cost relating to acquiring this access point.  Mr. Hartmann stated this is an issue of trying to limit access to S.R. 256 in an efficient manner.  Mr. Sabatino clarified this would be the first step in the formal action to allow us to go forward with an eminent domain action, but under the revised code we are required to enter into good faith negotiations with the land owners before an action can be filed.  Mr. Hartmann stated further before an action can be filed, further Council action is required by passing an ordinance to appropriate.  Mr. Sabatino further clarified there have been discussions regarding this access for more than a year.  Mr. O’Brien stated this dealt with the unmarked curb cut on S.R. 256 to the Pickerington Nursing Home.  He stated this access receives a lot of traffic and it is a challenge to get into this property.  He continued when the property adjacent to it was developed, an access road was put in to tie in to the private drive going to the traffic light so there would be signalized access.  He stated if we are unable to arrive at an agreement, we need to proceed with an eminent domain action to try and maintain safety at this location.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0. 

 

            J.          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)  

 

K.        ORDINANCE 2005-66, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2005-81,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this is the appropriation Mrs. Fersch had requested the final readings on this evening.  He stated this included the appropriation for the street repaving project, and additional funds for the legal department.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1.  Mr. Hackworth moved to suspend the rules for the purpose of a third reading; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. Wright, Mr. O’Brien, Mr. Sabatino, and Mrs. Riggs voting “Yea.”  Suspension of Rules passed, 6-0.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1. 

 

L.         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,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this is a note renewal on notes that were originally used for street improvements, particularly the widening of Diley Road.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1. 

 

M.        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,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated the funds from this loan will be used to refinance nearly four million in current debt, and the remaining funds will be used to pay the City’s share of the Diley Road widening and realignment project.  Mr. Sabatino stated he would vote against the legislation, however, he would support the suspension of rules if that is requested.  Mr. Wisniewski stated his question was if this was a conflict of interest for Mr. Sabatino to vote in any manner on this project.  Mayor Shaver stated he understood the suspension of rules was a procedural matter and would not create a conflict of interest.  Mr. Hartmann stated he would prefer, for consistency, the City continue on the same course that it has in the past, and he was not aware on how this has been done in the past.  Mr. Hartmann stated his recollection was that he had rendered an opinion where he said you should probably be safe and prohibit voting on all of it.  Mr. Sabatino stated this does deal with a situation where he did obtain a legal opinion by the previous City Attorney who does not agree with Mr. Hartmann and he was willing to stand by that.  Mayor Shaver stated he knew in the past when he disagreed with policy he voted to not block it.  Mr. Wright stated it has always been handled as a personal issue, what the person felt comfortable with.  Mr. Wright stated the law director has always in the past directed that if you are suspending rules for the purpose of allowing the legislation to move forward, that is not a conflict, but the individual may, for whatever reason, feel that it may be in his best interest to abstain or not be involved.  Mr. Wright stated he felt the advice from the law director was that if it deals with moving legislation along, it is not a conflict.  Mr. Wisniewski stated he was not asking about the third reading, he was asking about voting on the ordinance itself.  Mr. Hartmann stated he believed he rendered a previous opinion and he believed it was a conflict.  Mr. Sabatino inquired who the opinion was rendered to, and Mr. Hartmann stated to Mr. Sabatino.  Mr. Sabatino stated he had never received that opinion, and Mr. Hartmann stated he thought it had been talked about.  Mr. Sabatino stated no-one had ever informed him that Mr. Hartmann rendered that decision, there was nothing done in writing or verbally that he recollected.  Mr. Wisniewski stated Mr. Sabatino had indicated he had a legal opinion.  Mr. Sabatino stated that was from the previous law director who was acting in his official capacity at that time and his advice was, after checking with the Ethics Commission, that if it was regarding purchasing his mother’s personal piece of property he should abstain, the whole project he did not need to abstain on because it dealt with far more than his mother.  Mr. Hartmann stated from a common sense standpoint, when it comes to a conflict issue, if there is even the appearance of a conflict he would abstain because why put yourself in jeopardy or in the position that could cause constant turmoil if it is not necessary.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1.  Mr. Hackworth moved to suspend the rules for the purpose of a third reading; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. Wright, Mr. O’Brien, Mr. Sabatino, and Mrs. Riggs voting “Yea.”  Suspension of Rules passed, 6-0.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1. 

 

N.        ORDINANCE 2005-70, “AN ORDINANCE AMENDING ORDINANCE 2004-86 (EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH),” Second Reading, Wright.  Mr. Wright moved to adopt; Mrs. Riggs seconded the motion.  Mr. Wright stated a replacement page had been distributed for Page 2, as in the original ordinance the Finance Clerk was listed as full time, but it was discussed as part-time and the new page reflects that.  Mr. Wright moved to amend Page 2 by substitution; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion to amend passed, 6-0.  Roll call was taken on the ordinance as amended with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

O.        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,” Second Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion.  Mr. Wisniewski stated this would update our Parks Master Plan and he will ask for the final reading this evening so we can get moving on this.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 6-0.  Mr. Wisniewski moved to suspend the rules for the purpose of a third reading; Mr. Wright seconded the motion.  Roll call was taken with Mr. Wright, Mr. Hackworth, Mrs. Riggs, Mr. O’Brien, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Suspension of Rules passed, 6-0.  Third Reading.  Mr. Wisniewski moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0. 

 

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 2005-62, “AN ORDINANCE ACCEPTING THE FINAL PLATS FOR SECTION 2 – PHASES 1 AND 2 OF THE SPRING CREEK SUBDIVISION (DOMINION HOMES,)” Third Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this accepts the final plat for Spring Creek, Section 2 Phases 1 and 2, which was part of the 362 acre annexation we did earlier this year.  Mr. Hackworth stated the developer has met the conditions required before a final reading would be done.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mr. O’Brien voting “Yea.”  Motion passed, 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 UPGRADING THE CITY’S WATER LINES AND THE COUNTY’S SANITARY SEWER LINES SERVING THE MINGO ESTATES SUBDIVISION,” Third Reading, Parker.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, 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.,” Third Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated the public hearing on this rezoning was held earlier this evening.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0.  

 

            E.         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,” Third Reading, Wright.  Mr. Wright stated we have not received the final premium amount.  Mr. Wright moved to Table; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0.  (TABLED)

 

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

 

11.       MOTIONS: There were no motions. 

 

12.       ADJOURNMENT. There being nothing further, Mr. Wright moved to adjourn; Mr. O’Brien seconded the motion.  Mr. Sabatino, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:50 P.M., August 16, 2005.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor