PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, NOVEMBER 15, 2005

 

 

PUBLIC HEARING

7:20 P.M.

 

 

OPEN DISCUSSION REGARDING

A ZONE TEXT AMENDMENT CONCERNING RESIDENTIAL DESIGN STANDARDS

 

 

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, Mr. Parker, and Mr. Sabatino.  Others present were:  Judy Gilleland, Lynda Yartin, Lance Schultz, Linda Fersch, Commander Annetts, Phil Hartmann, Ed Drobina, Shannon Martin, Carol Carter, Patti Wigington, Sean Casey, David Owens, Jeff Fix, Keith Smith, Christie Hammond, Mark Demarest, Mike Hoffmaster, and others.

 

Mr. Schultz stated Planning and Zoning Commission approved the proposed amendment on October 11th, and Service Committee approved it on October 13th.  Mr. Schultz stated the purpose of the guidelines are to enhance the quality of construction of homes within the neighborhoods, and approve the quality of life within the neighborhoods with a consistent set of standards and enhance property values within the City.  Mr. Schultz stated some of the highlights of the proposed standards for the exterior are that fifty percent of the front elevation shall be brick, stone, or stucco, a higher grade of vinyl siding, subsiding of .44 gauge instead of .40 gauge, windows or architectural features on all elevations, asphalt dimensional shingles, and chimneys shall be constructed of stone, brick veneer or stucco.  He further stated the site landscaping standards would require four trees per single family lot and this would not include street trees, eight shrubs per lot, and the minimum mulch bed shall be two and one-half times the lot width.  Mr. Schultz stated the ordinance indicates it would take effect four months after the third reading by City Council.     

 

Ms Shannon Martin.  Ms Martin stated she is a real estate attorney in Dayton, Ohio, and she was present this evening representing Maronda Homes.  Ms Martin stated she had directed a letter to Ms Gilleland approximately two weeks ago expressing concern that the application of the proposed legislation, in the version she reviewed at that time, and she did not see any revision in the version she saw this evening, to subdivisions that have existing plan approval, that have active construction in their development is going to be unconstitutional if this were retroactive where the property owner has invested rights under existing zoning regulations.  Ms Martin stated she believed there were a variety of ways this could be addressed in the legislation including some exemptions, wholesale, of some developers.  She stated she thought when you did this type of evaluation on the constitutionality of this type of legislation you are looking at individual facts, and she encouraged a conversation with Maronda, in particular, and it is up to other developers to decide if there might be an issue for them, on how we can avoid an impermissible retroactive imposition of this legislation. 

 

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

 

There being nothing further, Mayor Shaver closed the public hearing at 7:25 P.M., November 15, 2005. 

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

 

______________________________

David Shaver, Mayor


PICKERINGTON CITY COUNCIL

TUESDAY, NOVEMBER 15, 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, November 15, 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, Ed Drobina, Linda Fersch, Lance Schultz, Commander Annetts, Phil Hartmann, Patti Wigington, Rex Myers, Carol Carter, Keith Smith, Sean Casey, Jeff Fix, Mark Demarest, Mike Hoffmaster, Shannon Martin, David Owens, Christie Hammond, Harry Myers, and others. 

 

2.         A.        APPROVAL OF MINUTES OF NOVEMBER 1, 2005, WORK SESSION.  Mr. Hackworth moved to approve; Mr. Parker seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Parker, Mr. Wisniewski Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 5-1. 

 

B.         APPROVAL OF MINUTES OF NOVEMBER 1, 2005, REGULAR MEETING.  Mr. Parker moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mr. Parker, and Mr. Wisniewski voting “Yea.”  Motion passed, 5-1.

 

3.         APPROVAL OF AGENDA.  Mr. O’Brien 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:  

 

A.        Carol Carter, 73, Lakeland Place.  Ms Carter stated she would like to address Council regarding the proposed residential design standards legislation on tonight’s agenda.  She stated she understood this had to do with building codes and making the City look nice, but the ordinance does not state the size of the property for the number of required trees.  She stated there is no way four trees can fit on most lots, especially with underground cable, etc.  Ms Carter stated further she does not agree with the requirement for mulch in the landscaping.  She stated, personally, she does not care for mulch and did not feel it was appropriate to force someone to have it.  She stated she would prefer to be allowed to use colored stones or to have some other options.  Ms Carter stated she would like to ask Council to consider some of the things they were requiring that were decorative and whether or not it made sense. 

 

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

 

6.         COMMITTEE REPORTS: 

 

            A.        SAFETY COMMITTEE.  Mr. Wisniewski stated Safety met on November 7th, and we are still waiting on some action from the County so we can deal with the speed limit on Hill Road.    

 

            B.         SERVICE COMMITTEE.  Mr. Hackworth stated Service met on November 10th, and several pieces of legislation from that meeting will be on the next Council agenda.  He stated he would answer any questions anyone might have.  Mr. Parker stated he would like to clarify that the design guidelines that are on tonight’s agenda were approved at Service Committee in October, and he wanted it on the record that he did not vote for this item at Service Committee. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated we are going to commence discussion with Canal Winchester and Violet Township on various CEDA issues, and that discussion committee is being formed and our representatives on this committee will be a member of Council, the Mayor, and the City Manager.    Mayor Shaver stated we are also beginning work on our Parks and Recreation Master Plan overview and there will be public hearings scheduled as well as questionnaires mailed out to residents.  Mr. Parker stated he understood there was an open house tonight in Violet Township based upon some development that is going to happen at Pickerington Road and Refugee Road.  He stated he understood there were some large retail businesses coming in and a plan talking about the realignment of Pickerington Road was being presented at the open house.  Mr. Parker stated he did not know if the City had a representative attending that, and if we are going to start the CEDA discussions, he hoped if they were already rolling out there as far as commercial development goes, that the City would be able to work some type of agreement with them.  Mayor Shaver stated it was his anticipation that projects of that nature would be part of the CEDA. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated had nothing to report this evening but would answer any questions.  He stated he would answer any questions anyone might have.  Mr. Hackworth clarified, with regard to the amendments to the design guidelines that Ms Martin had referenced during the public hearing had been responded to.  Mr. Hartmann stated if Council did not have a copy of that response he would make sure it was provided to them.  Ms Gilleland stated that had been included in Council’s packets. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she had nothing to report this evening, but would answer any questions. 

    

D.        MANAGER.  Ms Gilleland stated her report had been distributed. She further stated several members of staff had visited the City of Delaware to meet with their staff regarding impact fee implementation.  She stated it was a very informative visit, and we will be ready to start collecting those impact fees on December 1st.   Ms Gilleland stated she would answer any questions. 

 

E.         SERVICE MANAGER.  Mr. Drobina stated he had nothing to report this evening, but would answer any questions. 

 

8.         PROCEDURAL READINGS:

 

A.        ORDINANCE 2005-92, “AN ORDINANCE ADOPTING PROPOSED CHAPTER 1276.23 OF THE PICKERINGTON CODIFIED ORDINANCES ENTITLED RESIDENTIAL BUILDING DESIGN STANDARDS,” First Reading, O’Brien.  Mr. O’Brien stated he has not had a chance to thoroughly review our response to the suggestions of the attorney representing Maronda that she referenced during the Public Hearing.  He stated he would like to see the proposed amendment, and further, Councilman Wisniewski has indicated he has looked at the design standards of another community and has some input to this legislation.  Mr. O’Brien stated he would also like to have any input from any other council members on this legislation.  Mr. Sabatino stated he did not receive anything from Maronda, although Ms Martin had indicated it had been sent to all of Council.  He stated obviously some council members received it and some did not.  Mr. Sabatino stated he felt it was a good idea to take a better look at this because there are some issues as represented by a couple of people from the community and he is sure that based upon what he heard when he was out talking to people there is a lot more concern than what was expressed here tonight.  He stated he would encourage the City to hold another public hearing and get a little more public input.  Mr. Parker stated he appreciated Ms Carter’s comments and his concern was that residents who were moving could buy a home outside the City for less money, we have added the impact fee plus the extra money for these design guidelines, and we will simply move development to the township.  Mr. Parker stated this is why he has been opposed to these guidelines, and he just wanted to voice his opinion.  Mr. O’Brien stated because of these issues he would move to Table this legislation this evening; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion to table passed, 6-0.  (TABLED)

 

B.         ORDINANCE 2005-87, “AN ORDINANCE ADOPTING THE LONG ROAD NEAR GEORGES CREEK STORMWATER, SANITARY, AND WATER STUDY PREPARED BY HARTMAN ENGINEERING,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this study deals with flooding on Long Road near the City’s western borders and will be a part of the application to the Army Corps of Engineers for grant money to address and repair those flooding issues.  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. 

 

C.        ORDINANCE 2005-90, “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,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this is for the Diley Road realignment project and it was not an eminent domain, an agreement has been reached to purchase the property.  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. 

 

D.        ORDINANCE 2005-91, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2004-81,” Second Reading, Wright.  Mr. Wright moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wright stated he would answer any questions.  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.  

 

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:

 

A.        MOTION TO SET PUBLIC HEARING FOR OPEN DISCUSSION REGARDING THE PROPOSED 2006 MANAGER’S BUDGET FOR DECEMBER 6, 2005, AT 7:15 P.M.  Mr. Parker moved to set the public hearing for the proposed 2006 Manager’s Budget as stated; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

B.         MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3), CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION.  Mr. Hackworth moved for Executive Session under Section 121.22(G)(3) as stated; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, and Mr. Parker voting “Yea.”  Motion passed, 6-0.    

 

Council went into Executive Session at 8:00 P.M., and reconvened in open session at 8:20 P.M.

 

12.       ADJOURNMENT. There being nothing further, Mr. O’Brien moved to adjourn; Mr. Wisniewski seconded the motion.  Mr. Sabatino, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. O’Brien, and Mr. Wisniewski voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:21 P.M., November 15, 2005.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

____________________________________

David Shaver, Mayor