PICKERINGTON CITY COUNCIL
TUESDAY, FEBRUARY 21, 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 21, 2006, at City Hall. Mr. Wisniewski 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 Mrs. Riggs were present. Mayor Shaver was absent. Mr. Wisniewski stated Mayor Shaver was not present due to a problem with connecting flights home from vacation. Others present were: Judy Gilleland, Lynda Yartin, Phil Hartmann, Ed Drobina, Chris Schornack, Commander Ralph Portier, Patti Wigington, Sean Casey, Tamaria Kulemeka, David Owens, Boy Scout Troop 826, and others.
2. A. APPROVAL OF MINUTES OF FEBRUARY 7, 2006, WORK SESSION. Mr. Fix moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mrs. Riggs abstaining, and Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.” Motion passed, 6-0.
B. APPROVAL OF MINUTES OF FEBRUARY 7, 2006, REGULAR MEETING. Mr. Fix moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mrs. Riggs abstaining, and Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.
3. APPROVAL OF AGENDA. Mr. Hackworth moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Riggs, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
4. COMMUNITY COMMENTS: There were no community comments.
5. APPROVAL OF CONSENT AGENDA: Mr. Wisniewksi stated there were no consent agenda items this evening.
6. COMMITTEE REPORTS:
A. RULES COMMITTEE. Mrs. Riggs stated Rules Committee met on February 6th and the legislation adopting the changes to the Codified Ordinances on tonight’s agenda came out of that meeting. She stated the minutes have been distributed, and although she was ill and unable to attend the meeting, her fellow Committee members would answer any questions.
B. SAFETY COMMITTEE. Mr. Smith stated Safety Committee also met on February 6th and the minutes have been distributed. Mr. Smith stated Safety Committee approved the legislation regarding home occupations. He stated a public hearing will be scheduled before Planning and Zoning Commission and before Council as well. Mr. Smith stated the Violet Festival and the Olde Pickerington Village Business Association both provided briefings for the Committee and he hoped the City would be able to provide support for both organizations.
C. SERVICE COMMITTEE. Mr. Hackworth stated Service Committee met on February 9th, and the minutes have not been distributed as yet. He stated three items on tonight’s agenda, the contract for engineering services regarding construction and installation of Well No. 7 at the Diley Road Wellfield, the contract with Floyd Browne for engineering services regarding the water treatment clearwell and softener addition project, and the adoption of the Signal Planning Report, all were approved at that meeting.
7. REPORTS:
A. MAYOR. Mr. Wisniewski stated he had no report for the Mayor.
B. LAW DIRECTOR. Mr. Hartmann stated with regard to Ordinance 2006-20, that relates to the City of Pickerington vs. Partlow matter, that is an eminent domain action that we started to clear the right-of-way for Diley Road that has already been built. Mr. Hartmann stated Council had received a memorandum detailing the settlement terms and this allows the City Manager to enter into the settlement and resolve this case. Mr. Hartmann stated he would answer any questions.
C. FINANCE DIRECTOR. Mr. Schornack stated the bids were received today for the $6,595,000 note issue and the lowest bid came in at 3.556 percent from Morgan Stanley Dean Witter. Mr. Smith clarified the highest bid on the note issue was 4.05 percent.
D. MANAGER. Ms Gilleland stated she would like to congratulate everyone for the increase in our bond rating from A-2 to A-1. She stated this is very significant for the City and it is important for us to continue to look at increasing our bond rating as it helps every time we go out for notes or bonds. Ms Gilleland stated her report had been distributed and she would be happy to answer any questions.
E. SERVICE MANAGER. Mr. Drobina stated he would be happy to answer any questions regarding the two contracts Mr. Hackworth had briefed on earlier. Mr. Drobina stated the D-Line Phase III boring under the railroad tracks should be completed by the end of the week. He further stated the traffic signal at Windmiller and Refugee is in full operation and is interconnected with the master controller at S.R. 256 and Refugee. Mr. Drobina further stated final design on the main Diley Road project should be completed in April and submitted to ODOT for review. Further, the appraisal of the properties affected by the project has begun and our goal is to have the right-of-way cleared by November. Ms Gilleland stated staff is preparing a memorandum for Council that outlines the Diley Road progression. She stated hopefully before the next Council meeting a work session can be scheduled to discuss the project.
8. PROCEDURAL READINGS:
A. ORDINANCE 2006-16, “AN ORDINANCE TO APPROVE THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; TO PROVIDE FOR THE ADOPTION OF NEW MATTER IN THE UPDATED AND REVISED CODIFIED ORDINANCES; TO REPEAL ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH,” First Reading, Fix. Mr. Fix moved to adopt; Mr. Smith seconded the motion. Mr. Fix stated this allows the Codified Ordinances to be updated with all of the items that have been passed over the past year or so. Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 7-0.
B. ORDINANCE 2006-17, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH W. E. STILSON CONSULTING GROUP FOR PROFESSIONAL ENGINEERING SERVICES REGARDING CONSTRUCTION AND INSTALLATION OF WELL NO. 7 AT THE DILEY ROAD WELL FIELD,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated as the title states this is for Well No. 7 at the Diley Road well field. Roll call was taken with Mrs. Hammond, Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Smith voting “Yea.” Motion passed, 7-0.
C. ORDINANCE 2006-18, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH FLOYD BROWNE GROUP FOR PROFESSIONAL ENGINEERING SERVICES REGARDING THE WATER TREATMENT CLEARWELL AND SOFTENER ADDITION PROJECT,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this is part of the softener system at the water plant, and staff may be able to eliminate the $25,000 inspection fee as we may have staff qualified to do this inspection. Mr. Sabatino inquired if the City has ever used this firm before and Mr. Hackworth stated he did not believe so, however, they are a very large firm. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.” Motion passed, 6-1.
D. ORDINANCE 2006-19, “AN ORDINANCE ADOPTING THE SIGNAL PLANNING REPORT FOR THE CITY OF PICKERINGTON, OHIO, PREPARED BY W. E. STILSON CONSULTING GROUP,” First Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated this is an extensive report encompassing most of the major traffic signals in the City and tells us how well they are working and what the plans for the future are. Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 7-0.
E. ORDINANCE 2006-20, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE SETTLEMENT ARISING FROM FAIRFIELD COUNTY COMMON PLEAS CASE NO. 2005 CV 354,” First Reading, Fix. Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion. Mr. Fix stated this is the ordinance Mr. Hartmann had referenced earlier and if there were any questions, and Mr. Hartmann would be happy to answer any questions. Mr. Sabatino stated there seemed to be a large discrepancy between what the City initially offered and what we are settling for now. Mr. Hartmann stated that was correct and that was due to two appraisals, one of which was significantly lower than the other one. Ms Gilleland stated further this was tempered by what the property actually sold for, which established a new market value. Mr. Hartmann stated this is below what they actually paid for the property, but the property was sold while this case was pending. Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Hammond, Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mr. Hackworth, and Mr. Smith voting “Yea.” Motion passed, 6-1.
F. ORDINANCE 2006-07, “AN ORDINANCE AMENDING THE 2006 APPROPRIATION, ORDINANCE 2005-98,” Second Reading, Fix. Mr. Fix moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0.
G. 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,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Fix seconded the motion. Mrs. Riggs stated this is a donated easement and the next five ordinances are purchases of easements for the same D-Line sewer project. Roll call was taken with Mr. Sabatino abstaining, and Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Smith, and Mrs. Hammond voting “Yea.” Motion passed, 6-0.
H. 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,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
I. 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,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Smith, Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
J. 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,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewksi, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
K. 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,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Smith, Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
L. 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,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
M. ORDINANCE 2006-14, “AN ORDINANCE RE-NAMING THE “MUNICIPAL BUILDING FUND” TO THE “MUNICIPAL FACILITIES FUND,” AND AMENDING THE 2006 APPROPRIATION, ORDINANCE 2005-98,” Second Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Smith, and Mrs. Hammond voting “Yea.” Motion passed, 7-0.
N. ORDINANCE 2006-15, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SCHOTTENSTEIN, ZOX & DUNN CO., L.P.A. FOR LEGAL SERVICES,” Second Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion. Mr. Wisniewski this is the contract to enter into with Schottenstein, Zox & Dunn as our official law director. Mr. Sabatino stated, once again, his vote against this legislation has nothing to do with the quality of work the firm does. He stated he is just not sure it is the most financially responsible vote for him to make. Mr. Wisniewski stated their bid was the second lowest and their quality of work has been excellent. Mr. Sabatino stated his concern was based on the fact that in the past we have had a lot of legal fees that are outside the scope of the monthly billing. Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 6-1.
O. 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) Mr. Hackworth moved to remove from the Table; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 7-0. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this had been tabled to discuss some of the issues that were happening in the downtown area. He stated he felt we were going to try and include the downtown area, which would include this area, in our focus land use updates later. He stated the money for these land use updates is on our contingency list. Mr. Wisniewski stated further this property is right at the railroad crossing on Hill Road. Mr. Sabatino stated he understood that the proximity to the railroad crossing, and he has some concerns with the load limit we have on Borland Street and the problems with using the access that is on Borland Street now. He stated, although not directly related, he felt voting for this would be endorsing allowing traffic that is over our load limit on Borland Street. Mr. Smith stated he also has concerns about this whole situation, but he did not see any other practical alternative. He stated he would vote for it, because he is satisfied we have done what we can. Mr. Hackworth stated this piece of property has no bearing on whether we use Borland Street or not. He stated the downtown does have a lot of problems with traffic flow, and we do need to take a good hard look at the downtown to see how we can provide better access to the businesses. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mr. Hackworth, Mrs. Riggs, and Mr. Fix voting “Yea.” Motion passed, 6-1.
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 2006-01, “AN ORDINANCE APPROVING REZONING AT 194 WEST CHURCH STREET FROM R-4 (RESIDENTIAL) TO P-O (PLANNED SUBURBAN OFFICE),” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this is a rezoning for an insurance office. Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
C. 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,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated he had no further discussion on this issue. Mr. Sabatino stated this is a five percent increase over and above our annual three percent increase. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Fix, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, and Mr. Smith voting “Yea.” Motion passed, 6-1.
D. 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,” Third 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 has been installed at Windmiller and Refugee Roads. Roll call was taken with Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Fix, Mrs. Riggs, Mr. Sabatino, and Mrs. Hammond voting “Yea.” Motion passed, 7-0.
E. 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,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Sabatino, Mr. Wisniewski, Mr. Hackworth, Mr. Fix, Mrs. Hammond, and Mr. Smith voting “Yea.” Motion passed, 7-0.
F. 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,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Smith seconded the motion. Roll call was taken with Mr. Smith, Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Hackworth, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
G. 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) Mr. Hackworth moved to remove from the Table; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. Fix, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.” Motion passed, 7-0. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this was for a contract city engineer. Roll call was taken with Mr. Smith, Mrs. Hammond, Mr. Hackworth, Mrs. Riggs, Mr. Fix, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion passed, 7-0.
10. OTHER BUSINESS: No other business was brought forward.
11. MOTIONS: There were no motions.
12. ADJOURNMENT. There being nothing further, Mr. Smith moved to adjourn; Mr. Fix seconded the motion. Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:15 P.M., February 21, 2006.
RESPECTFULLY SUBMITTED:
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ATTEST:
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