PICKERINGTON CITY COUNCIL
CITY HALL, 100
LOCKVILLE ROAD
TUESDAY, APRIL 4,
2006
PUBLIC HEARING
7:15 P.M.
OPEN DISCUSSION
REGARDING AMENDING SECTION 1276.17
OF THE
PICKERINGTON CODIFIED ORDINANCES RELATING TO
HOME OCCUPATIONS
Mayor Shaver opened the Public Hearing at 7:25 P.M., with the following council members present: Mrs. Riggs, Mr. Fix, Mr. Smith, Mr. Hackworth, Mrs. Hammond, Mr. Sabatino, Mr. Wisniewski, and Mayor Shaver. Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Phil Hartmann, Ed Drobina, Carol Carter, Patti Wigington, Sean Casey, and others.
Mayor Shaver inquired if anyone would like to speak for or against the proposed amendment to Section 1276.17 of the Pickerington Codified Ordinances relating to Home Occupations.
There were no comments either for or against the proposed amendment.
There being nothing further Mayor Shaver closed the public hearing at 7:27 P.M., April 4, 2006.
RESPECTFULLY SUBMITTED:
_____________________________
Lynda D. Yartin, Municipal Clerk
ATTEST:
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David Shaver, Mayor
PICKERINGTON CITY COUNCIL
TUESDAY, APRIL 4, 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, April 4, 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, Mrs. Riggs, and Mayor Shaver were present. No members were absent. Others present were: Judy Gilleland, Lynda Yartin, Phil Hartmann, Ed Drobina, Linda Fersch, Chief Taylor, Patti Wigington, Sean Casey, David Owens, Christine Brown, Carol Carter, Laura Seeger, Dennis Boruszewski, Tony Barletta, and others.
2. A. APPROVAL OF MINUTES OF MARCH 7, 2006, WORK SESSION. Mr. Smith moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Wisniewski abstaining, and Mr. Sabatino, Mrs. Hammond, Mr. Smith, Mr. Hackworth, Mr. Fix, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
B. APPROVAL OF MINUTES OF MARCH 7, 2006, REGULAR MEETING. Mr. Hackworth moved to approve; Mr. Fix seconded the motion. Roll call was taken with Mr. Wisniewski abstaining, and Mr. Sabatino, Mr. Smith, Mr. fix, Mr. Hackworth, Mrs. Hammond, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
Mr. Wisniewski moved for an Executive Session under Section 121.22(G)(3), Conference with Law Director regarding pending or imminent court action; Mr. Hackworth 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.
Council went into Executive Session at 7:33 P.M., and reconvened in open session at 8:00 P.M.
3. APPROVAL OF AGENDA. Mr. Wisniewski moved to approve; Mr. Fix seconded the motion. Mr. Wisniewski moved to amend the agenda to add Ordinance 2006-34, “An Ordinance authorizing the City Manager to execute an agreement regarding stream mitigation and development of Ashton Crossing and declaring an emergency;” Mr. Fix seconded the motion. Roll call was taken on the motion to amend with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth and Mr. Wisniewski voting “Yea.” Motion to amend passed, 6-1. Roll call was taken on the Agenda as amended with Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 6-1.
4. COMMUNITY COMMENTS: There were no community comments.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no consent agenda items this evening.
6. COMMITTEE REPORTS: There were no Committee Reports.
7. REPORTS:
A. MAYOR. Mayor Shaver stated we plan on adding a memorial plaque at the Randy Hughes Skate Park in honor of Aaron Schneider who died earlier this year. Mayor Shaver further stated letters will be sent out from the Mayor’s office to various members of the community regarding putting together a task force for the development of a recreation center, hopefully, to come up with some sort of joint public and private venture, that will involve the City, the Township, various organizations in the City, etc. Mayor Shaver further stated the Monthly Mayor’s Court Report had been distributed and he would be happy to answer any questions.
B. LAW DIRECTOR. Mr. Hartmann stated Council is scheduled for a second reading on the ordinance accepting the donated easement from Sylvia Cook as part of the Diley Road widening project.
C. FINANCE DIRECTOR. Mrs. Fersch stated she had nothing new to report and she would answer any questions.
D. MANAGER. Ms Gilleland stated her report had been distributed and she would answer any questions. Ms Gilleland stated Brenda VanCleave has accepted the position of staff engineer and she will begin work with the City on Monday, April 10, 2006.
E. SERVICE MANAGER. Mr. Drobina stated there are two ordinances on the agenda this evening for capital improvement water line projects. He stated the first item is to award a contract to Glen James & Sons for construction of the Anita-Willard water line replacement, and the second is to award a contract to Stillion Brothers Excavating, Inc. for construction of the Pickerington/Fairfield County Emergency water line connection between Pickerington and Fairfield County. Mr. Drobina stated he would be happy to answer any questions.
8. PROCEDURAL READINGS:
A. ORDINANCE 2006-29, “AN ORDINANCE AMENDING SECTION 1276.17 OF THE PICKERINGTON CODIFIED ORDINANCES RELATING TO HOME OCCUPATIONS,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion. Mr. Wisniewski stated this came out of Safety Committee and was recommended by the Property Maintenance Task Force to clarify a section of our Code. 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 2006-30, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GLEN JAMES & SONS, INC., FOR CONSTRUCTION SERVICES REGARDING THE ANITA-WILLARD WATER LINE ALONG ANITA DRIVE AND WILLARD DRIVE,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated as Mr. Drobina had stated, this project will replace some older water lines. 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 2006-31, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH STILLION BROTHERS EXCAVATING, INC., FOR CONSTRUCTION SERVICES REGARDING THE PICKERINGTON/FAIRFIELD COUNTY EMERGENCY WATER LINE CONNECTION – LOCKVILLE ROAD,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this is an emergency connection for our water system with Fairfield County. 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.
D. ORDINANCE 2006-32, “AN ORDINANCE AUTHORIZING THE CITY MANGER TO EXECUTE AN AGREEMENT WITH THE McGORY GROUP, LLC, FOR CONSULTING SERVICES REGARDING ECONOMIC DEVELOPMENT WITHIN THE CITY OF PICKERINGTON,” First Reading, Fix. Mr. Fix moved to adopt; Mr. Smith seconded the motion. Mr. Fix stated the City has been working with Mr. McGory and his partner on an interim basis and this simply puts a one year agreement into contractual form to act as our development arm. Mr. Sabatino stated he has an issue with hiring someone to do economic development work for us who also works for two other adjacent communities. He stated he felt we should have someone who represents the City’s interests exclusively. Mr. Wisniewski stated Mr. McGory is dedicated to the City and although his partner is working with Canal, Mr. McGory’s work is strictly for the City. 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.
E. ORDINANCE 2006-33, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BARBARA J. SLAVEN FOR CONSULTING SERVICES REGARDING MEDIA RELATIONS, PUBLIC INFORMATION DURING EMERGENCIES, AND CITIZEN COMMUNICATIONS,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion. Mr. Wisniewski stated Ms Slaven has worked for the City for a number of years and this will renew her contract. Mr. Sabatino stated he has had objections in the past on how this contract was being used. He stated this contract states that there will not be any writing of articles for elected public officials, and he, therefore, would support the contract. Mrs. Hammond clarified this contract would be retroactive to the first of the year. 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.
F. ORDINANCE 2006-21, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HEIBERGER PAVING, INC. FOR SYCAMORE PARK TENNIS COURT RESURFACING,” Second Reading, Smith. Mr. Smith moved to adopt; Mrs. Riggs seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0.
G. ORDINANCE
2006-22, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH NEPTUNE EQUIPMENT COMPANY,” Second Reading, Riggs. Mrs. Riggs 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.
H. ORDINANCE 2006-23, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH URS CORPORATION FOR CONSULTING SERVICES REGARDING DESIGN AND CONSTRUCTION OF A NEW 1.0 MG ELEVATED STORAGE TANK,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Fix seconded the motion. Mr. Hackworth moved to amend by substitution; Mr. Fix seconded the motion. Mr. Hackworth stated the original ordinance stated URS would do construction and construction administration and the substituted ordinance has those references deleted. Roll call was taken on the motion to amend with Mr. Smith, Mrs. Hammond, Mr. Hackworth, Mrs. Riggs, Mr. Fix, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion to amend passed, 7-0. Roll call was taken on the ordinance as amended with Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Smith, and Mrs. Hammond voting “Yea.” Motion passed, 7-0.
I. ORDINANCE 2006-24, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A 0.082 ACRE, MORE OR LESS, FEE SIMPLE INTEREST FROM SYLVIA R. COOK, LOCATED ON THE NORTH SIDE OF WINDMILLER DRIVE AND WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated this is a parcel of land at Diley and Windmiller being donated for the Diley Road project. Roll call was taken with Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0.
J. ORDINANCE 2006-25, “AN ORDINANCE AUTHORIZING THE CITY ENGINEER TO SUBMIT A GRANT APPLICATION TO THE OHIO DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF ACQUIRING FUNDS FOR THE REFUGEE ROAD/S.R. 256 INTERSECTION IMPROVEMENT PROJECT AND THE REFUGEE ROAD WIDENING PROJECT,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this is a result of our traffic signal study and higher than normal crash data was found at the S.R. 256/Refugee Road intersection, and it appears we may qualify for a grant from ODOT to make some safety improvements at that location. 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.
K. ORDINANCE 2006-26, “AN ORDINANCE TO AMEND 2005-78 BY AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE SUPPLEMENTAL WATER SERVICE AGREEMENT WITH THE VILLAGE OF CANAL WINCHESTER,” Second Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Fix seconded the motion. Mrs. Hammond stated this addendum would add an additional six months to our agreement with Canal Winchester to supply emergency water. Mr. Wisniewski clarified this agreement was not related to the relocation of the water meter pit in that area. 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.
L. ORDINANCE 2006-27, “AN ORDINANCE AMENDING THE 2006 APPROPRIATION, ORDINANCE 2005-98,” Second Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion. Mr. Wisniewski stated this appropriation includes the funding for the police officer that was included in the contingency budget. Roll call was taken with Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0. Mr. Wisniewski moved to suspend the rules for the purpose of a third reading; Mr. Sabatino seconded the motion. Roll call on suspension of rules was taken with Mr. Hackworth, Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Fix, Mr. Sabatino, and Mrs. Riggs voting “Yea.” Suspension of Rules passed, 7-0. Third Reading. Mr. Wisniewski moved to adopt; Mr. Sabatino seconded the motion. 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.
M. ORDINANCE 2006-28, “AN ORDINANCE TO AMEND 2000-136 BY ADDING CITY OF HILLIARD AND CITY OF GROVEPORT AS ADDITIONAL COMMUNITIES TO CONTACT IN THE EVENT OF A DISASTER RECOVERY SITUATION,” Second Reading, Fix. Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion. Mr. Fix stated in case of an emergency this would allow us to use the hardware and software of the City of Hilliard or the Village of Groveport, and likewise, should they have an emergency for them to use our hardware and software. 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.
N. ORDINANCE 2006-34, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT REGARDING STREAM MITIGATION AND DEVELOPMENT OF ASHTON CROSSING AND DECLARING AN EMERGENCY,” First Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion. Mr. Wisniewski stated there have been many problems with this area and we have this legislation to allow us to enter into an agreement with the developer for stream mitigation in that area up at S.R. 204 and hopefully this will be resolved. Mr. Smith clarified due to the circumstances surrounding this issue; it would be necessary to pass the legislation as an emergency. Mr. Wisniewski stated he would be asking for two readings this evening. Mr. Sabatino stated since Council just received the legislation this evening, he would support it tonight and if he has concerns he will follow-up with that before the final reading. 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. Mr. Wisniewski moved to suspend the rules for the purpose of a second reading; Mr. Fix seconded the motion. Roll call was taken on suspension of rules with Mr. Wisniewski, Mr. Hackworth, Mr. Smith, Mrs. Riggs, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mr. Wisniewski moved to adopt; Mr. Fix 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.
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)
10. OTHER BUSINESS:
11. MOTIONS:
A. MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3), CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION. Mr. Wisniewski moved for Executive Session under Section 121.22(G)(3); Mr. Fix seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Fix, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, and Mrs. Hammond voting “Yea.” Motion passed, 7-0.
Council went into Executive Session at 8:30 P.M., and reconvened in open session at 8:55 P.M.
12. ADJOURNMENT. There being nothing further, Mr. Fix moved to adjourn; Mr. Smith seconded the motion. Mr. Sabatino, Mrs. Hammond, Mr. Hackworth, Mr. Smith, Mr. Fix, Mr. Wisniewski, and Mrs. Riggs voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:57 P.M., April 4, 2006.
RESPECTFULLY SUBMITTED:
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ATTEST:
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