PICKERINGTON CITY COUNCIL
TUESDAY,
APRIL 22, 2003
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, April 22, 2003, at City Hall. Mayor Postage called the meeting to order at 7:30 P.M. Roll call was taken as follows: Mr. Wright, Mr. Fox, Mr. Parker, Mr. Shaver, Mr. Maxey, Mr. Sabatino, Mrs. Riggs, Mayor Postage were present. No members were absent. Others present were: Frank Wiseman, Lynda Yartin, Linda Fersch, Jeff Feyko, Commander Steve Annetts, Susan Crotty, Jeff Kraus, Steve Carr, Molly Schwartz, Lance Schultz, Mike Maurer, Jennifer Wray, Kathy Lucas, Pat Shaver, George Hallenbrook, Lisa Reade, Ben Williams, Dan Oakes, Gail Oakes, Tim Bryant, Jeff Fix, Bob Harding, Chris Angel, Rhonda Angel, Linda Fosnaugh, Cindy Floyd, Lori Sanders, Wes Monhollen, Dan DiYanni, Stephanie Brobst, Ray George, T. J. Riggs, Jeanette Boruszewski, Dennis Boruszewski, Steve Malone, Ted Hackworth, Pastor Phil Manson, and others. Pastor Manson delivered the invocation.
2. APPROVAL OF MINUTES OF APRIL 1, 2003, REGULAR MEETING. Mr. Fox moved to approve; Mr. Wright
seconded the motion. Roll call was
taken with Mr. Maxey abstaining, and Mr. Sabatino, Mr. Parker, Mr. Wright, Mr.
Fox, Mr. Shaver, and Mrs. Riggs voting “Yea.”
Motion passed, 6-0.
3. APPROVAL OF AGENDA.
Mr. Wright moved to approve; Mr. Fox seconded the motion. Roll call was taken with Mr. Sabatino, Mr.
Wright, Mr. Shaver, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting
“Yea.” Motion passed, 7-0.
4. COMMUNITY COMMENTS:
A. Mr. Ben Williams, 337 Colony Park Drive. Mr. Williams stated whether or not you agree with recent events within the school district, the only issue that is important right now is the future and our efforts to educate our children. He stated our school district is faced with the same problems many other school districts around Ohio are currently facing, overcrowded classrooms and funding issues. Mr. Williams stated no matter what we do on the local level, true reform can not take place until the State of Ohio fixes its method of school funding. He stated in the meantime we must act in the best interest of educating our children, and at this time that means passage of the operating levy. Mr. Williams stated there is a small group of vocal individuals that want us to believe that the problems in our school district are the result of rampant residential growth within the city limits of Pickerington. He stated while he agreed residential growth adds to the short term problems of the school district, it is certainly not going to be the ruin of such a well established organization. Mr. Williams stated this small group wanted everyone to believe that stopping all residential growth within the City would fix the problems in our school district, and that cannot be further from the truth. Mr. Williams stated our school district is made up of the City of Pickerington, Violet Township, parts of Canal Winchester, parts of Columbus, and parts of Reynoldsburg, with the vast majority of students coming from outside Pickerington city limits. He stated he has heard no talk about efforts to stop growth in Columbus, Canal Winchester, or Reynoldsburg, and current efforts on the part of Violet Township trustees can only be characterized as window dressing given the fact that any such a moratorium would ultimately be ruled in violation of Ohio Revised Code. He stated he would then ask how stopping residential growth in Pickerington would solve the school’s problems. Mr. Williams stated a large percentage of the individuals involved with the idea of stopping growth are township residents, some of those individuals own a great deal of land in the township and if land is not available for development in the City then land in the township would become more valuable. He continued those same landowners have already been involved in selling their land for residential development and these developments contain some of the highest density subdivisions within the school district. Mr. Williams further stated some of those individuals have made numerous attempts at being elected to city positions and have been defeated in the legitimate election process. Mr. Williams stated one of the arguments being made by those in support of the no growth initiative and the efforts to recall the majority of city council is that 75 percent of the citizens of Pickerington voted for three initiatives to slow growth, however, the Pickerington This Week newspaper states that 3,543 voters voted in the election. He stated the initiatives passed with 75 percent of the vote, which meant that 2,658 people voted for the initiative. Mr. Williams stated the approximate population of Pickerington is 10,000 and the true number of residents who voted for this action is actually only 26 percent. Mr. Williams continued that it has been stated the plan to stop or limit growth has been patterned upon a similar plan in Hudson, Ohio, and that would not work in Pickerington because of very significant differences in circumstances. Mr. Williams stated Mayor Postage has been accused of acting to allow uncontrolled residential growth and he has very little, if any, control of growth in the school district as he has no opportunity to affect the number of students coming from the Township, Canal Winchester, Columbus, or Reynoldsburg. He further stated it has been said the city must increase its commercial tax base, yet the very component needed to drive such growth is population. Mr. Williams stated retailers will not locate here without shoppers, manufacturing businesses require employees, and warehousing operations require tax abatements that would defeat the purpose of bringing them here in the first place. Mr. Williams continued the very actions of the no growth group have served to increase the activities of the residential developers as they are causing them to accelerate their building activities to beat the initiative. He stated this does not make developers evil, they are simply trying to protect their investments in our community. Mr. Williams stated he also questioned why the no growth proponents would be opposed to the city’s purchase of the Hickory Lakes property. He stated the city wishes to designate the land as wetlands and use it as a park, which means no residential building will be permitted on this land. Mr. Williams questioned in what manner this could be considered offensive. He stated perhaps peripheral lands could be adversely affected by this designation as a wetlands area making it more difficult to develop. Mr. Williams stated in summary he felt the council must act in the best interest of the entire community, not a vocal minority who profess to be concerned with school district problems and growth issues, but then act in a manner damaging to the community. He stated he would request everyone support the school levy and fix the short term problem in our school district so that we can then address and resolve the long term planning of growth in the community.
B. Stephanie Brobst, 7020 Blacklick Eastern Road. Ms. Brobst stated she is a resident of the unincorporated township, and she is a small property owner with no opportunity to sell or develop her land. She stated as a township resident, the impact of unchecked residential growth in the city affects the school district, which in turn, affects her. She stated she felt she had a right and an obligation to voice her opinion and she felt unchecked growth was burying the school district. Ms. Brobst stated if we do not give ourselves the breathing room this growth ordinance would allow, we will be driven back into a corner by developers. She stated we cannot afford to be driven by developers, we need to chose the path we want to take and chose what our community is going to look like. Ms. Brobst stated we need to buy some time to make those choices, and the only way to buy that time is to approve the growth ordinance on tonight’s agenda. Ms. Brobst stated she urged council to approve that on behalf of the entire community.
C. Jeanette Boruszewski, 542 Warwick Land. Ms. Boruszewski stated she works for Pickerington schools and when they came back from spring break at Pickerington Elementary, there were 13 new students. Ms. Boruszewski questioned what they were going to do with these children and where they would place them.
D. Dennis Boruszewski, 542 Warwick Lane. Mr. Boruszewski stated he believes the quality of life in Pickerington is threatened by outside forces that want to profit from our misery. He stated that misery is an overburdened school system and overtaxed infrastructure. He stated two of these outside forces are trade associations that have members who make a handsome profit by selling parts of our community. He continued these associations come before council and tell them the damage that will happen to this community if the growth slowing legislation is implemented. Not growth stopping, growth slowing. He stated he has not heard anyone say we should stop growth, just slow it to a manageable level. Mr. Boruszewski stated these outside forces are influenced only by their wallets and he asked that council please not buy into their rhetoric. Mr. Boruszewski asked council to please continue to vote to control rampant growth and help keep Pickerington a desirable place to live.
E. Gail Oakes, 7815 Jefferson Drive. Ms. Oakes stated council had the opportunity to address the issue of growth tonight. She stated she supported controlled and managed growth, and it is imperative to implement that control as soon as possible. She stated the growth management plan is a starting point and allows time for other plans and ideas to be formed and brought to fruition. Ms. Oakes stated we are proud of our schools, but they are feeling the impact of rampant growth and they need time to address the increase in the student population, time to plan for more buildings, more teachers, more coaches. Ms. Oakes stated our schools are what tie the community together as it bridges the townships and the cities and is one of the top reasons people are moving here. Ms. Oakes stated our infrastructure also needs addressed as we need more ways into and out of the Pickerington area and it is time we consider some limited access roadways to go from one end of town to the other. She stated traffic signals are not the only solution and we must take the time necessary to develop our infrastructure for an increase in population. Ms. Oakes stated she likes our community and she hoped others would move here, but she hoped they would move to the community we envision and not a community that must always raise its taxes for more schools, a community their friends and relatives won’t visit because of the extra time it takes to get to their house, and not a community they will never see because they are waiting on I-70, Rt. 33, Rt. 204, or Refugee Road in long lines of traffic trying to get home. Ms. Oakes asked council to please support Ordinance 2003-17 and give themselves some much needed planning time.
F. Lisa Reade, 10416 Wright Road, N.W. Ms. Reade stated as the May election draws near we need to be cognizant of what is at hand. She stated the defining element of Pickerington and the surrounding community, and the legacy that will accompany each council member is our schools. Ms. Reade stated this defining element was not created by council or builders or businesses or by any one individual. It was created over many years by the overall community. Ms. Reade stated this element is the true glue that holds this community together and remains outside the control of both governmental structures that reside within it. Ms. Reade stated the school district asks a great deal from the community but returns far more than any monetary sum or effort ever put into it. Ms. Reade stated two working items have been in process of development recently, a growth moratorium and a community authority. She stated the growth moratorium was proposed to provide short term relief to the overcrowded schools and to give the city time to craft a development plan that addresses the needs of all the citizens. She stated the second issue was the structure and content of a community authority. Ms. Reade stated to be true to its publicized purpose the community authority must fund the incremental expenses generated by the housing in the area covered by it. Ms. Reade stated the new housing not only creates capital, but also creates operating expenses, and the current structure only partially addresses the capital question and nothing regarding the operating deficit. Ms. Reade stated in the coming election we will be asked to make up the operating deficit generated by past growth, and this is only a partial solution. Ms. Reade continued the only people investing in a community authority are the new residents to cover a portion of the capital expenses, and the community as a whole will need to cover the operating deficit. Ms. Reade stated this authority has been drafted and developed in a back room by the builders and a select group of the city council and the content has been kept secret. Ms. Reade stated the supporters of slow growth are motivated by the interests of their children. Ms. Reade stated her support goes to a moratorium that addresses the immediate emergency in our schools.
G. Jeff Fix, 674 Manchester. Mr. Fix read a statement into the record which is Attachment 1 to these minutes.
H. Mr. T. J. Riggs, 299 Pruden Drive. Mr. Riggs stated as a resident he is a little remiss because he has not come before council, and it is township residents who are trying to make changes in our community. Mr. Riggs stated some are probably good changes. He continued that recently though he has seen there is an effort for recall, and he did not know where that stood. Mr. Riggs stated it was unfortunately a Violet Township person spearheading that recall. Mr. Riggs stated the tragedy here is that it is the voters who are to blame, it is voter apathy that got us to this point. Mr. Riggs stated if there is going to be a recall, recall the Township Trustees, recall the Board of Education, and recall the Mayor and Council. Mr. Riggs stated it was the voters who put them in their positions, and it wasn’t until there was a problem with the schools that it struck home. Mr. Riggs stated there is a legitimate problem, we are beyond a crisis, and it is voter apathy that got us here. Mr. Riggs stated if someone asks where you are from, we all say Pickerington, not Violet Township. He continued when you talk about your schools, you talk about Pickerington schools. Mr. Riggs stated we all talk proudly about Pickerington, but there are some “Darth Vaders” out there. He stated we need to get out and start voting, but we need to start doing it as one. Not Pickerington. Not Violet Township. But as one community. Mr. Riggs stated ideas are great if they are focused into one group that can put them together and make them happen. He stated he has asked Violet Township people why they don’t want to be a part of Pickerington and the only reasons he has heard is because Pickerington residents pay more taxes, and because they don’t like the people in Pickerington and how they run their business. Mr. Riggs stated the irony about freedom of the vote is you have the opportunity to change that. If you do not like council, or the trustees, then we should all get together and change it. He stated we should all get together and come up with a plan that will make us one community, and if we do not do that there will be a lot of voices in the dark, going nowhere, and not getting anything accomplished. He stated we must become a community of one, and there are 12,000 voters in Violet Township and 6,000 in Pickerington. He stated if Violet Township wants to change us, become a part of the community and let’s change it, because that would make us 18,000 voters strong.
5. APPROVAL OF CONSENT AGENDA: Mayor Postage stated there were no consent agenda items this evening.
6. COMMITTEE REPORTS:
A. SAFETY. Mr. Fox stated Safety Committee met on April 7th and some items on tonight’s agenda came out of that meeting. He stated the minutes have been distributed and he would be happy to answer any questions.
B. SERVICE. Mr. Parker stated Service Committee met on April 17th and Items 7.D and G on tonight’s agenda are from that meeting. He stated the ordinance to amend Ordinance 99-64 relative to use of the City’s rights-of-way, dealt with charging for use of our rights-of-way. Mr. Parker stated this amendment adds the fees to be charged. He further stated the other item dedicates the Community Development Block Grant (CDBG) funds for removal of architectural barriers in the city. He stated this will allow us to make our crosswalks ADA compliant. Mr. Parker stated he would be happy to answer any questions anyone might have.
C. FINANCE. Mr. Wright stated Finance Committee held a Special meeting on April 17th to discuss Ordinance 2003-37, which is a grant application to the Ohio Public Works Commission for the acquisition of land for the development of a park. Mr. Wright stated the minutes had been distributed and he would be happy to answer any questions.
7. REPORTS:
A. MAYOR. Mayor Postage read a proclamation declaring April 24th, as Arbor Day in the City of Pickerington. He further stated we will have an Arbor Day ceremony on April 24th at the Arboretum and everyone is invited to attend. Mayor Postage further stated the City of Pickerington has been declared a Tree City USA for the tenth consecutive year. Mayor Postage stated he had met with the school district and the City is trying to find space in the City for the school district’s bus lot. He stated this would save a tremendous amount of money for the district and we are looking for some acreage we may be able to lease to them for something like $1.00 per year. He further stated two area residents were inducted into the Hall of Fame at the Eastland Vocational Center and that was a very nice ceremony. Mayor Postage stated he further wanted to thank the Parks Department for the annual Easter program and egg hunt for the local children, and he understood it was a very well attended event. Mayor Postage further stated we have been notified we are in the funding pool for 2003 for Hickory Lakes and that can go forward. Mayor Postage further stated he had met with Mr. Dunlap and Mr. Myers of Violet Township to try and create some commercial property in the U.S. Route 33 and Allen Road area, and also to see about trying to make the Violet Township and Pickerington building codes the same. Mayor Postage stated further Violet Township has asked the City to provide a proposal to provide the commercial property inspections in the township. Mayor Postage stated the City and Township are working together to try and prevent overlaps by the two entities. Mayor Postage stated he would also like to make it clear that the meetings on the community authority are not in the back room and behind closed doors. He stated Ms. Rose of the Chamber is involved as well as many other individuals, and members of the School Board are also involved.
B. LAW DIRECTOR. Mr. Feyko stated he had nothing to report on Mr. Mapes behalf.
C. FINANCE DIRECTOR. Mrs. Fersch stated she had nothing to report.
D. MANAGER. Mr. Wiseman stated Mrs. Bushman is on vacation and he would be happy to answer any questions. He stated the Manager’s Report had been distributed.
8. PROCEDURAL READINGS:
A. ORDINANCE 2003-33, “AN ORDINANCE TO ENACT STANDARDS FOR THE PRESERVATION OF TREES AND WOODED AREAS,” First Reading, Sabatino. Mr. Wright moved to adopt; Mr. Maxey seconded the motion. Mr. Sabatino stated this ordinance dealt with attempting to preserve and protect what trees and wooded areas we have from future development, and also provides guidance for instances where the trees cannot be saved. Roll call was taken with Mr. Sabatino, Mr. Shaver, Mr. Wright, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting “Yea.” Motion passed, 7-0.
B. ORDINANCE 2003-34, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $1,900,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF THE SANITARY SEWER COLLECTION AND TREATMENT SYSTEM OF THE CITY, INCLUDING PHASES 3 AND 4 OF THE D-LINE SEWER,” First Reading, Wright. Mr. Wright moved to adopt; Mr. Maxey seconded the motion. Mr. Wright stated this is the renewal of existing notes for the purposes stated in the preamble. Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. Shaver, Mr. Maxey, Mr. Sabatino, Mr. Fox, and Mr. Wright voting “Yea.” Motion passed, 7-0.
C. ORDINANCE 2003-35, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $500,000 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 COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE WATER SYSTEM OF THE CITY,” First Reading, Wright. Mr. Wright moved to adopt; Mr. Sabatino seconded the motion. Mr. Wright stated this is another note renewal. Roll call was taken with Mr. Sabatino, Mr. Shaver, Mr. Wright, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting “Yea.” Motion passed, 7-0.
D. ORDINANCE 2003-36, “AN ORDINANCE TO AMEND ORDINANCE 99-64 RELATIVE TO USE OF THE CITY’S RIGHTS-OF-WAYS,” First Reading, Parker. Mr. Parker moved to adopt; Mr. Maxey seconded the motion. Mr. Parker stated this is the ordinance he briefed on earlier during the Service Committee report. Roll call was taken with Mr. Maxey, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Fox, and Mr. Shaver voting “Yea.” Motion passed, 7-0.
E. ORDINANCE 2003-37, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO CLEAN OHIO CONSERVATION PROGRAM FUNDS FOR PARKLAND ACQUISITION AND WETLAND PRESERVATION AND ENTER INTO AGREEMENTS WITH THE OHIO PUBLIC WORKS COMMISSION (OPWC) AS MAY BE NECESSARY AND APPROPRIATE FOR OBTAINING THIS FINANCIAL ASSISTANCE,” First Reading, Fox. Mr. Fox moved to adopt; Mr. Maxey seconded the motion. Mr. Fox stated this legislation covers the Wolfe property between the high school and junior high. He stated it has nothing to do with the Hickory Lakes property. Mr. Fox further clarified this was for a $500,000 grant and the plan is to create a passive park on the property. Mr. Fox stated the city is required to provide a 25 percent match, however, much of that can be made up from in-kind works, volunteers, city personnel working on some of the projects, etc. He stated the amount of money the city needed to commit was $45,000 if the grant is awarded. Mr. Wright stated this was the subject of the special Finance Committee meeting, and the deadline for the actual filing was last Friday. Mr. Wright stated the application and appropriate paperwork has been filed, pending approval this evening. Mr. Wright stated this is not an emergency requirement, but he would ask for three readings this evening. Mr. Shaver stated he has no objections to the project, and it appears to be fiscally sound and beneficial project. Mr. Shaver stated he had received a $10.00 campaign contribution from the owner of the property, and therefore, he felt it was inappropriate for him to vote on this issue. He stated he felt there was a perception that people feel their governments are up for sale and he felt the quickest way of avoiding that type of situation is to have elected officials refrain from voting on any issue that involves a contract or a zoning issue where they have received a campaign contribution no matter how deminimus. Mr. Shaver stated he would propose an ordinance on this issue be adopted by council at the next meeting. Mr. Shaver stated again, he did feel this is a good project and he did not disagree with it, but he felt it was ethical not to vote for it. Mr. Shaver stated he had no problem voting on the suspension of rules because he did not want to impede other individual’s votes. Roll call was taken with Mr. Shaver abstaining, and Mr. Parker, Mrs. Riggs, Mr. Maxey, Mr. Sabatino, Mr. Fox, and Mr. Wright voting “Yea.” Motion passed, 6-0. Mr. Fox moved to suspend the rules for the purpose of three readings; Mr. Sabatino seconded the motion. Roll call was taken with Mr. Maxey, Mr. Fox, Mr. Wright, Mrs. Riggs, Mr. Sabatino, Mr. Shaver, and Mr. Parker voting “Yea.” Suspension of rules passed, 7-0. Second Reading. Mr. Fox moved to adopt; Mr. Sabatino seconded the motion. Roll call was taken with Mr. Shaver abstaining, and Mr. Wright, Mrs. Riggs, Mr. Maxey, Mr. Parker, Mr. Sabatino, and Mr. Fox voting “Yea.” Motion passed, 6-0. Third Reading. Mr. Fox moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mr. Shaver abstaining, and Mr. Fox, Mr. Maxey, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, 6-0.
F. RESOLUTION 2003-05R, “A RESOLUTION OF AUTHORIZATION (NATUREWORKS AND/OR FEDERAL LAND AND WATER CONSERVATION FUND PROGRAM),” First Reading, Sabatino. Mr. Sabatino moved to adopt; Mr. Wright seconded the motion. Mr. Sabatino stated this came out of Safety Committee and authorized the application to be submitted. Mr. Sabatino stated the project being discussed for submission was the Handicapped Garden. Roll call was taken with Mr. Sabatino, Mr. Shaver, Mr. Wright, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting “Yea.” Motion passed, 7-0.
G. RESOLUTION 2003-06R, “A RESOLUTION DEDICATING CDBG FORMULA ALLOCATION TO THE REMOVAL OF ARCHITECTURAL BARRIERS IN THE CITY,” First Reading, Parker. Mr. Parker moved to adopt; Mr. Sabatino seconded the motion. Mr. Parker stated this would authorize using the CDBG funds for the removal of architectural barriers in the city. Roll call was taken with Mr. Sabatino, Mr. Shaver, Mr. Wright, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting “Yea.” Motion passed, 7-0.
H. ORDINANCE 2003-17, “AN ORDINANCE ENACTING A GROWTH MANAGEMENT PLAN ON THE ISSUING OF HOUSING PERMITS FOR SINGLE FAMILY RESIDENTIAL UNITS FOR A PERIOD OF ONE YEAR,” Second Reading, Shaver. Mr. Shaver moved to adopt; Mrs. Riggs seconded the motion. Mr. Shaver stated this ordinance would allow us time to develop long range plans for the City of Pickerington. He stated he knew there was a lot of talk about a Community Authority and he was both optimistic and pessimistic about that authority. He stated people are trying, however, at this point in time it is a poorly thought out and poorly defined plan. He stated he felt it would be inappropriate to rush to adopt a community authority as there were to many factors we do not know about. Mr. Shaver stated there has been a lot of talk that other council members want to amend this ordinance, but he has not received any written proposals. Mr. Sabatino stated he had provided a written proposal as an alternative to this ordinance. Mr. Shaver stated that was correct, however, he found it to be one of those alternatives that states if the Township exceeds 100 permits per year, then the City could exceed that number. Mr. Shaver stated he felt that rendered the ordinance meaningless. Mr. Sabatino stated his proposal actually dealt with tying the number of permits issued in the City to the number of permits issued in the Township. Mr. Sabatino stated he felt we did need to do something, but to do it unilaterally would be irresponsible. Mr. Sabatino stated for that reason he could not support Mr. Shaver’s ordinance as it is. Mr. Wright stated he had also e-mailed a proposal to Mr. Shaver, and Mr. Shaver stated he has not received it. Mr. Wright stated his proposal was basically for zero growth outside the community authority, and tying the growth within the community authority to either the number proposed by Mr. Shaver or the number suggested by Mr. Sabatino. Mr. Wright continued he could not support a moratorium that he did not know was even legal. He further stated that reference has been made to the Hudson, Ohio, plan, however, that is seriously different as Hudson did not have the financial resources to provide the water and sewer the community needed for the growth and that is obviously not the case here in Pickerington. He stated we do have the financial stability and ability to provide services. Mr. Wright further stated he has a problem with the fact that 67 percent of the commercial tax base in the school district is within the City and we only have 27 percent of the residential tax base in the school district, and we are only 31 percent of the land area and 32 percent of the student population in the school district. Mr. Wright stated he felt we had to somehow tie what the City does with the unincorporated area or we would simply be moving the problem. Mr. Wright stated he felt it would be blind of council to enact a moratorium that they did not know was even legal and would do nothing but promote the growth outside the corporate boundaries. Mr. Wright stated they have already been told that the Township has no legal mechanism to enact a moratorium, and that is why he felt they had to discuss what to do to solve this problem. Mr. Shaver stated that was his purpose of having the one year period, he was not saying this was a long term solution. Mrs. Riggs stated she was confused that this ordinance has been around since October and is now on a second reading and the question of it being legal is being questioned. Mr. Wright stated he has addressed the question of the legality from the beginning, and he believed people are trying to push through an idea at the last minute expecting everyone to go along with it because it is an emotional issue. Mr. Shaver stated he has had this ordinance sitting here since October and he has asked people to talk to him about it. He stated even if Mr. Wright had e-mailed him something today, it is a little late in the game. Mr. Shaver stated as he understood, Mr. Wright was stating we should go on with no restrictions on developers because we are afraid someone might sue us. He stated if this ordinance is illegal, certainly, the zero growth Mr. Wright was proposing would be illegal as well. Mr. Wright stated there was a mechanism to allow growth within a community authority. Mr. Shaver stated this community is in need of a respite from unrestricted growth and debating it further is not going to get us anywhere, we need to take action that will allow us time to plan. Mr. Shaver stated if council members wanted to tie this to both the Township and the City having unrestricted growth rates, and it would be okay because we have an ordinance saying we can do what the Township does, it would not solve the problem. Mrs. Riggs inquired if we had received a legal opinion from the law director on this issue, and Mr. Shaver stated he has heard no objections from the law director on the legality of this ordinance. Mr. Parker stated he has stated through this entire process that we need to hold the Township’s feet to the fire and he was hoping Mr. Shaver would incorporate something in the ordinance. Mr. Parker stated he will vote for this tonight, but he will not support it at the final reading if it does not include the Township somehow. Mr. Parker stated he thought he had heard the people at these meetings say they were going to go to the Township and hold the Trustees feet to the fire, so if we tie it to the Township the residents will do that. Mr. Parker stated again the City has issued more permits than the Township in the past few years, but over the past ten years the Township has built 167 more homes than the City has. He stated the growth has been basically even over the past ten years. Mr. Sabatino stated everyone knows the election with the school levy is very close and he felt council needed to give the residents some kind of idea that they are attempting to do something that will solve the problem, not just part of it. He stated the City is not all of the problem and the City cannot be all of the answer. He stated for that reason he would not vote to support this as it stands. Mrs. Riggs stated we do need to address slowing down the growth, not stopping it, and she understood we have already doubled the number of permits issued last year. Mr. Fox stated he agreed with Mr. Sabatino and Mr. Parker that this should be tied to the Township for the reasons stated. Mr. Fox stated if we limit our permits to 100 and the Township has no restrictions and no reason to restrict, it did not make any sense. Mr. Fox stated if we tie it to the Township, the pressure will be put on the Trustees to do the same thing. Mr. Shaver stated the Township cannot restrict issuing housing permits, so that would put the developers in charge because they will determine the pace of growth in the Township and if that can be matched in the City, he felt Council would have turned over their legislative process to the developers. Mr. Fox stated the Trustees have told everyone they cannot do anything. Mrs. Riggs questioned if the language tying it to the Township would do anything because she did not understand how we could require the Township to do anything. Mr. Maxey stated Mr. Sabatino’s proposal does not limit the Township, but bases our number of permits on their activity. Mr. Maxey stated we would not be legislating the unincorporated Township, but setting a limit for Pickerington and if the Township exceeded a certain quota, then the City’s limit would go up. Mr. Maxey stated he thought this would prevent the City limiting to 100 and then the Township going up to 300 or 400. Mrs. Riggs stated as she understood the Township can continue to grow, there is nothing stopping them, so if we put the language in there she did not see what it did. Mr. Wright stated everyone says the City must slow their growth because that will save the schools. He stated there is no mechanism to slow the growth within the Township. Mr. Wright stated enacting this moratorium in the City, while the Township is not held to any number, allows the problem in the school district to continue with no way for anyone here to stop it. Mr. Shaver stated he did not see how adding something to this ordinance would do anything. He stated the point is to limit growth, not to double it. Mr. Wright stated the argument is to solve the problem for the schools, and all he was trying to do is try to come up with a solution that will fix the growth that is happening in the school district. He stated this has to be done collectively. Mr. Wright stated as was alluded to in Community Comments, a merger between the two communities would provide one government that can control what is going on. There being no further discussion, roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wright, Mr. Parker, Mrs. Riggs, Mr. Maxey, Mr. Shaver, and Mr. Fox voting “Yea.” Motion passed, 6-1.
I. ORDINANCE 2003-28, “AN ORDINANCE TO AUTHORIZE THE CITY TO PROVIDE WATER SERVICE TO THE PROPERTIES ON PEARL LANE AND FLORENCE DRIVE,” Second Reading, Parker. Mr. Parker moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mr. Wright, Mr. Shaver, Mrs. Riggs, Mr. Maxey, Mr. Parker, Mr. Sabatino, and Mr. Fox voting “Yea.” Motion passed, 7-0.
J. ORDINANCE 2003-29, “AN ORDINANCE TO ACCEPT A DEED OF RIGHT-OF-WAY FOR TRAFFIC SIGNALIZATION AT REFUGEE ROAD AND FULLER’S WAY,” Second Reading, Parker. Mr. Parker moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. Shaver, Mr. Fox, Mr. Parker, Mr. Sabatino, and Mr. Maxey voting “Yea.” Motion passed, 7-0. Mr. Parker moved to suspend the rules for the purpose of a third reading; Mr. Wright seconded the motion. Roll call was taken with Mr. Maxey, Mr. Fox, Mr. Parker, Mr. Wright, Mr. Shaver, Mr. Sabatino, and Mrs. Riggs voting “Yea.” Suspension of rules passed, 7-0. Third Reading. Mr. Parker moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
K. ORDINANCE 2003-31, “AN ORDINANCE AMENDING THE 2003 APPROPRIATION, ORDINANCE 2002-142,” Second Reading, Fox. Mr. Fox moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. Shaver, Mr. Fox, Mr. Parker, Mr. Sabatino, and Mr. Maxey voting “Yea.” Motion passed, 7-0.
L. ORDINANCE 2003-32, “AN ORDINANCE AMENDING THE 2003 APPROPRIATION, ORDINANCE 2002-142,” Second Reading, Fox. Mr. Fox moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mr. Shaver, Mr. Maxey, Mrs. Riggs, Mr. Fox, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2003-23, “AN ORDINANCE TO APPROVE A CONTRACT FOR THE PURCHASE OF LAND TO EXPAND THE CITY’S WASTEWATER TREATMENT FACILITY,” Third Reading, Parker (TABLED, 04-01-03) Mr. Parker moved to remove from the Table; Mr. Wright seconded the motion. Roll call was taken with Mr. Shaver voting “Nay,” and Mr. Sabatino, Mr. Wright, Mr. Fox, Mrs. Riggs, Mr. Parker, and Mr. Maxey voting “Yea.” Motion passed, 6-1. Mr. Parker moved to declare the emergency; Mr. Wright seconded the motion. Mr. Parker stated he believed all the details had been worked out and we were ready to go. Roll call was taken with Mr. Shaver voting “Nay,” and Mr. Sabatino, Mr. Fox, Mr. Wright, Mr. Maxey, Mrs. Riggs, and Mr. Parker voting “Yea.” Motion passed, with emergency, 6-1.
B. ORDINANCE 2003-24, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE BID OF KELLER FARMS FOR THE CITY’S LANDSCAPING NEEDS FOR 2003,” Third Reading, Wright. Mr. Wright moved to adopt; Mr. Fox seconded the motion. Roll call was taken with Mr. Shaver, Mr. Fox, Mr. Maxey, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, 7-0.
10. MOTIONS:
Mr. Wright moved to support the Pickerington School Levy to be voted on May 6, 2003; Mr. Sabatino seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
11. OTHER BUSINESS: Mr. Shaver stated he would request the law director draft an ordinance for presentation to Council under the parameters that a council member may not vote on a matter involving a contract or a zoning issue with a person, partnership, entity or whatever, who has given them a campaign contribution.
12. ADJOURNMENT. There being nothing further, Mr. Fox moved to adjourn; Mr. Wright seconded the motion. Mr. Sabatino, Mr. Maxey, Mr. Parker, Mr. Fox, Mr. Wright, Mr. Shaver, and Mrs. Riggs voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:55 P.M., April 22, 2003.
RESPECTFULLY SUBMITTED:
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ATTEST:
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