PICKERINGTON CITY COUNCIL
TUESDAY, FEBRUARY 7, 2006
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, February 7, 2006, at City Hall. Mayor Shaver called the meeting to order at 7:30 P.M. Roll call was taken as follows: Mr. Fix, Mr. Hackworth, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, and Mayor Shaver were present. Mrs. Riggs was absent. Others present were: Judy Gilleland, Lynda Yartin, Phil Hartmann, Ed Drobina, Linda Fersch, Chief Mike Taylor, Patti Wigington, Sean Casey, Tamaria Kulemeka, Shannon Martin, Keely Weaver, David Owens, and others. Mayor Shaver requested a moment of silence in recognition of Coretta Scott King.
2. A. APPROVAL OF MINUTES OF JANUARY 17, 2006, PUBLIC MEETING REGARDING REZONING 194 W. CHURCH STREET. Mr. Sabatino moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.” Motion passed, 6-0.
B. APPROVAL OF MINUTES OF JANUARY 17, 2006, REGULAR MEETING. Mr. Hackworth moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.
3. APPROVAL OF AGENDA. Mr. Smith moved to approve; Mr. Fix seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mr. Fix, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
4. COMMUNITY COMMENTS:
A. Keely Weaver, 50 N. Center Street. Ms Weaver stated she was the owner of the property at 194 W. Church Street and she was present to answer any questions Council may have regarding the rezoning.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no consent agenda items this evening.
6. COMMITTEE REPORTS:
A. FINANCE COMMITTEE Mr. Wisniewski stated Finance Committee met on January 26, 2006, and the minutes have been distributed. He stated legislation on tonight’s agenda from that meeting include the settlement of the bus barn case and the re-naming of one of our funds. Mr. Wisniewski stated he would answer any questions.
7. REPORTS:
A. MAYOR. Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed. Mayor Shaver stated he would also like to comment that he would normally not comment on this matter, however, since he had spoken to one of the press members earlier, he would like to state that he would not be seeking election for the Fairfield County Court of Common Pleas Judge, but would concentrate on the City of Pickerington. He stated any press member could call him at his office regarding this issue.
B. LAW DIRECTOR. Mr. Hartmann stated with regard to the bus barn settlement, he would request three readings this evening in an effort to get the matter closed as soon as possible pursuant to the agreement and the Court’s request.
C. FINANCE DIRECTOR. Mrs. Fersch stated she has two appropriation ordinances on tonight’s agenda and she would answer any questions anyone might have.
D. MANAGER. Ms Gilleland stated Safety Committee had a work session last night and Mr. Edsall presented information regarding the Parks Master Plan survey. Ms Gilleland stated she would answer any questions anyone might have.
E. SERVICE MANAGER. Mr. Drobina stated the D-Line sewer project should continue next week and the Windmiller/Refugee Road traffic signal is scheduled to be operational on February 13, 2006. Mr. Drobina stated further we had our first mailing of the new water bills and he has received positive feedback from the community on the new format. Mr. Drobina stated further legislation was on the agenda this evening to authorize the City Manager to purchase easements for the D-Line sewer project.
Mayor Shaver stated he would like to state there would be a change in the Mayor’s appointment to the Planning and Zoning Commission. He stated he had originally intended to appoint Mitch O’Brien, and he was sure Mr. O’Brien would do a very good job, that he realized after this appointment would continue a practice that he had criticized prior administrations for. He stated for whatever reason, the voter’s spoke on Mr. O’Brien and he, therefore, chose to appoint someone new and not repeat the pattern of appointing someone the voter’s had not voted into office. He stated the Mayor’s appointment to the Planning and Zoning Commission would be Brian Sauer and he wished Mr. O’Brien the best of luck.
8. PROCEDURAL READINGS:
A. ORDINANCE 2006-06, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT SETTLING CLAIMS ARISING FROM FAIRFIELD COUNTY COMMON PLEAS CASE NO. 2004 CV 782,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion. Mr. Wisniewski stated this is the settlement for property commonly known as the Bus Barn. He stated the City entered into a purchase agreement in 2002, and chose not to go forward with that agreement, and this settles that case. Mr. Sabatino stated when this purchase was originally entered into it was for the purpose of being able to further a road that was partially completed that serviced a TIF, and he supported it at that time. Mr. Sabatino stated that he hoped when this was complete it would be continue to be used as a purchase towards that end, otherwise, it is a lot of money to pay for green space or parkland. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 5-1. Mr. Wisniewski moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion. Roll call was taken with Mrs. Hammond, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.” Suspension of Rules passed, 6-0. Second Reading. Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 5-1. Third Reading. Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 5-1.
B. ORDINANCE 2006-07, “AN ORDINANCE AMENDING THE 2006 APPROPRIATION, ORDINANCE 2005-98,” First Reading, Fix. Mr. Fix moved to adopt; Mr. Smith seconded the motion. Mr. Fix stated this ordinance allows the Finance Director to make end-of-year adjustments. Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Smith voting “Yea.” Motion passed, 6-0.
C. ORDINANCE 2006-08, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A 20 FOOT WIDE SANITARY SEWER EASEMENT, DONATED BY PICKERINGTON CHRISTIAN CHURCH, LOCATED AT 575 DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Riggs. Mr. Hackworth moved to adopt; Mr. Smith seconded the motion. Mr. Hackworth stated as Mr. Drobina had stated earlier this easement is for the installation of the D-Line sewer to by-pass the lift station at Lakes Edge. Mr. Hackworth stated this is a donated easement. Mr. Sabatino stated he would like to comment that he would abstain from this vote as he does live in Cherry Hill and would benefit from this improvement. He stated while technically he may not be required to abstain from this vote it was his determination to do so. Roll call was taken with Mr. Sabatino abstaining, and Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.” Motion passed, 5-0.
D. ORDINANCE 2006-09, “AN ORDINANCE AUTHORIZING THE PURCHASE OF A 20 FOOT WIDE SANITARY SEWER EASEMENT FROM THE PRAYER AND PRAISE OF ECCLESIAS, LOCATED ON DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Riggs. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this is another of the easements for the D-Line sewer. Mr. Hackworth stated this and the next four ordinances on the agenda are purchased easements for this sewer line and he would answer any questions anyone might have. Roll call was taken with Mr. Sabatino abstaining, and Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 5-0.
E. ORDINANCE 2006-10, “AN ORDINANCE AUTHORIZING THE PURCHASE OF A 20 FOOT WIDE SANITARY SEWER EASEMENT FROM STUART S. SCHLOTTERBECK AND ROBIN M. HARRIS, LOCATED AT 512 DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Riggs. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Hackworth, and Mr. Smith voting “Yea.” Motion passed, 5-0.
F. ORDINANCE 2006-11, “AN ORDINANCE AUTHORIZING THE PURCHASE OF A 20 FOOT WIDE SANITARY SEWER EASEMENT FROM MICHAEL L. KIDWELL AND DANIELLE E. KIDWELL, LOCATED AT 572 COLONY PARK DRIVE, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Riggs. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 5-0.
G. ORDINANCE 2006-12, “AN ORDINANCE AUTHORIZING THE PURCHASE OF A 20 FOOT WIDE SANITARY SEWER EASEMENT AND AN ADJACENT 30 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT, FROM DOUGLAS R. FITCHETT AND DEBORAH M. FITCHETT, LOCATED AT 560 COLONY PARK DRIVE, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Riggs. Mr. Hackworth moved to adopt; Mr. Fix seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Hackworth, and Mr. Smith voting “Yea.” Motion passed, 5-0.
H. ORDINANCE 2006-13, “AN ORDINANCE AUTHORIZING THE PURCHASE OF A 20 FOOT WIDE SANITARY SEWER EASEMENT FROM DAVID WOJNAR AND MARY WOJNAR, LOCATED AT 548 COLONY PARK DRIVE, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Riggs. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 5-0.
I. ORDINANCE 2006-14, “AN ORDINANCE RE-NAMING THE “MUNICIPAL BUILDING FUND” TO THE “MUNICIPAL FACILITIES FUND,” AND AMENDING THE 2006 APPROPRIATION, ORDINANCE 2005-98,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion. Mr. Wisniewski stated this would re-name the fund and appropriate the funds for the bus barn settlement. Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.” Motion passed, 6-0.
J. ORDINANCE 2006-15, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SCHOTTENSTEIN, ZOX & DUNN CO., L.P.A. FOR LEGAL SERVICES,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion. Mr. Wisniewski stated Schottenstein, Zox & Dunn has done a good job for the City, we are very pleased with their services, and the majority of Council desires to sign an agreement with them for the next two years. Mr. Sabatino stated he would not be supporting this ordinance and it had nothing to do with the quality of services of Schottenstein. He stated he would have hoped we would have taken the tact of getting our legal expenses a little more under control than we did, and he knew they would do a fine job, he just didn’t know if we could afford them at the rate they charge. Mr. Wisniewski stated the only firm that was lower was a smaller firm that was, basically, untested in this arena. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, and Mr. Fix voting “Yea.” Motion passed, 5-1.
K. ORDINANCE
2005-102, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A 0.4403 ACRE,
MORE OR LESS, FEE SIMPLE INTEREST FROM DAVID S. DONLEY, LOCATED AT 150 BORLAND
STREET, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, AND RECORD
DEDICATION PLAT,” Second Reading, Hackworth. (TABLED, 01-03-06)
L. ORDINANCE 2006-01, “AN ORDINANCE APPROVING REZONING AT 194 WEST CHURCH STREET FROM R-4 (RESIDENTIAL) TO P-O (PLANNED SUBURBAN OFFICE),” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Sabatino seconded the motion. Mr. Hackworth stated this is the corner lot of Church Street and Hill Road. Roll call was taken with Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
M. ORDINANCE 2006-02, “AN ORDINANCE AMENDING CHAPTERS 1048 AND 1058 OF THE CITY OF PICKERINGTON CODIFIED ORDINANCES ESTABLISHING CAPACITY CHARGES FOR THE WATER AND SANITARY SEWER SYSTEMS,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this is a five percent increase in water and sewer capacity fees that is above and beyond the annual three percent that went into effect January 1st, to try and get us more in line with neighboring water and sewer providers. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 5-1.
N. ORDINANCE 2006-03, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A PERPETUAL NONEXCLUSIVE PERMANENT EASEMENT DONATED BY CME FEDERAL CREDIT UNION, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Smith seconded the motion. Mr. Hackworth stated this ordinance and the next two ordinances all pertain to easements for the traffic signal that is being installed at Windmiller and Refugee Roads. Roll call was taken with Mr. Fix, Mr. Wisniewski, Mr. Hackworth, Mr. Sabatino, Mr. Smith, and Mrs. Hammond voting “Yea.” Motion passed, 6-0.
O. ORDINANCE 2006-04, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A PERPETUAL NONEXCLUSIVE PERMANENT EASEMENT DONATED BY HILL ROAD PLAZA, LLC, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
P. ORDINANCE 2006-05, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A PERPETUAL NONEXCLUSIVE PERMANENT EASEMENT DONATED BY SMBC LEASING AND FINANCING (FORMERLY KNOWN AS SUMITOMO BANK LEASING & FINANCE INC.) CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, 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, 07/05/05)
B. ORDINANCE 2005-92 (AS AMENDED), “AN ORDINANCE ADOPTING PROPOSED CHAPTER 1276.23 OF THE PICKERINGTON CODIFIED ORDINANCES ENTITLED RESIDENTIAL BUILDING DESIGN STANDARDS,” Third Reading, O’Brien. Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion. Mr. Hackworth stated he felt the intent of this ordinance is to improve the quality of building materials being used. He stated there is some aesthetic value in this as well, however, he was focusing on the quality of new homes we want to pursue in the City in the future. Mr. Sabatino clarified the amendment to the ordinance dealt with exempting existing homes destroyed by fire, flood, etc. Mr. Sabatino stated he felt we do need some design standards, however, he felt these were more aggressive than he would like to see, and he would, therefore, not support it. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Fix, Mr. Wisniewski, Mr. Smith, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 5-1.
C. ORDINANCE 2005-116, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $260,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND INSTALLING TRAFFIC CONTROL DEVICES AND RELATED STREET IMPROVEMENTS,” Third Reading, Riggs. (TABLED, 01/17/06) Mr. Hackworth moved to remove from the Table; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Smith, Mrs. Hammond, Mr. Sabatino, Mr. Wisniewski, Mr. Fix, and Mr. Hackworth voting “Yea.” Motion passed, 6-0. Third Reading. Mr. Hackworth moved to adopt. Motion died for lack of a second.
D. ORDINANCE
2005-119, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
W. E. STILSON CONSULTING GROUP, LLC, FOR PROFESSIONAL ENGINEERING SERVICES,” Third
Reading, Hackworth. (TABLED, 01/17/06)
10. OTHER BUSINESS: No other business was brought forward.
11. MOTIONS: There were no motions.
12. ADJOURNMENT. There being nothing further, Mr. Fix moved to adjourn; Mr. Smith seconded the motion. Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voted “Aye.” Motion carried, 6-0. The meeting adjourned at 8:10 P.M., February 7, 2006.
RESPECTFULLY SUBMITTED:
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ATTEST:
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