PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, AUGUST 15, 2006

 

PUBLIC HEARING

7:10 P.M.

 

OPEN DISCUSSION REGARDING PROPOSED REZONING OF 6.23 +/- ACRES LOCATED AT 11460, 11438, AND 11390 MILNOR ROAD FROM R-2 (SINGLE FAMILY RESIDENTIAL) TO R-1 (SINGLE FAMILY RESIDENTIAL) (EBRIGHT PROPERTY)

 

Mr. Wisniewski opened the Public Hearing at 7:10 P.M., with the following council members present:  Mr. Fix, Mr. Hackworth, Mrs. Hammond, Mr. Sabatino, and Mr. Wisniewski.  Others present were:  Lynda Yartin, Phil Hartmann, Lance Schultz, Laura Powers, Susan Green, Rita Ricketts, Rick Palsgrove, and others.

 

Mr. Schultz stated these three parcels are a part of the 316-acre annexation that was approved in March of 2005.  He stated Planning and Zoning Commission approved this rezoning in June and Service Committee approved it in July.  Mr. Schultz stated this rezoning is consistent with Township zoning per the annexation agreement.  

 

Mr. Wisniewski ascertained there were no further comments on the rezoning of these parcels. 

 

There being nothing further, Mr. Wisniewski closed the public hearing at 7:13 P.M., August 15, 2006. 

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

__________________________________

Brian Wisniewski, President Pro Tempore 


PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, AUGUST 15, 2006

 

PUBLIC HEARING

7:20 P.M.

 

OPEN DISCUSSION REGARDING PROPOSED REZONING OF 2.43 +/- ACRES LOCATED AT 11360 MILNOR ROAD FROM R-2 (SINGLE FAMILY RESIDENTIAL) TO PC-1 (PLANNED NEIGHBORHOOD COMMERCIAL) (EBRIGHT PROPERTY)

 

Mr. Wisniewski opened the Public Hearing at 7:20 P.M., with the following council members present:  Mr. Fix, Mr. Hackworth, Mrs. Hammond, Mr. Sabatino, and Mr. Wisniewski.  Others present were:  Lynda Yartin, Phil Hartmann, Lance Schultz, Laura Powers, Susan Green, Rita Ricketts, Rick Palsgrove, and others.

 

Mr. Schultz stated this is also a part of the 316-acre annexation that was approved in March of 2005.  Mr. Schultz stated Mr. Ebright’s landscape business is located on this property, and PC-1 is the nearest zoning classification we have that is similar to the Township zoning.  He stated Planning and Zoning Commission approved this rezoning in June and Service Committee approved it in July with the conditions that are attached to the ordinance.    

 

Laura Powers stated she owns the property directly south of this business.  Ms Powers stated this business was never supposed to be there, and there were several meetings with the Township.  She stated at the last meeting, about two years ago, the Ebrights were told they had to close the lean to that was put on the back of the building and that did not happen.  She stated her concern was that she was trying to sell the property next to them, and there are pine trees that buffer her property from theirs, and it appears that some of these pine trees have died.  Ms Powers stated further that a parking area was paved for the employees and now when it rains really hard water runs down off of that property across the bottom of her property.  She stated she was asking that her property be protected by replacing the dead trees, and the water run off problem be addressed.  Mr. Schultz stated we do have an ordinance that states if the trees are dead and constitute a hazard to life and property, we can require they be replaced.  He stated we can have our arborist look at the trees and determine if they are dead and a hazard.  Mr. Schultz stated with regard to the drainage issue, he just found out about this today and he will have to do some investigation into this issue to see what can be done.  Mr. Wisniewski asked Mrs. Powers to get with Mr. Schultz so all of these issues can be addressed prior to the third reading of this legislation at Council. 

 

Rita Ricketts stated she owns the property to the east of the Ebright property and she concurred with everything that Mrs. Powers had just stated.  Mrs. Ricketts stated she is not necessarily opposing the rezoning, and they have worked out a buffering agreement.  She stated she hoped this agreement will be enforced because if they build an addition to the east of their current building it will definitely impact her property.  Mrs. Ricketts stated she just hoped the buffering would be enforced if this ordinance is approved. 

 

Mr. Hackworth stated if necessary, he would be glad to amend this ordinance if an additional condition is required.  Mr. Schultz stated the tree issue can be enforced, but he will need to investigate the drainage issue. 

 

Mr. Wisniewski ascertained there were no further comments on the rezoning of this property. 

 

There being no further comments, Mr. Wisniewski closed the public hearing at 7:28 P.M., August 15, 2006. 

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

__________________________________

Brian Wisniewski, President Pro Tempore 


PICKERINGTON CITY COUNCIL

TUESDAY, AUGUST 15, 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, August 15, 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, Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, and Mayor Shaver were present. Mr. Smith and Mrs. Riggs were absent.  Others present were: Judy Gilleland, Lynda Yartin, Phil Hartmann, Commander Steve Annetts, Lance Schultz, Brenda VanCleave, Chris Schornack, Ed Drobina, Pastor Phil Manson, Rick Palsgrove, David Owen, Sean Casey, Ed Williams, Harry Myer, Linda Shelts, Bob Miller, Tim Wagner, Yulanda Hammond, Dave Rossman, Dan Horne, and others.  Pastor Manson of the Pickerington Church of the Nazarene delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF AUGUST 1, 2006, REGULAR MEETING.  Mr. Sabatino moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Hackworth, and Mr. Fix voting “Yea.”  Motion passed, 5-0. 

 

3.         APPROVAL OF AGENDA.  Mr. Fix moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Hackworth, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Motion passed, 5-0. 

 

4.         COMMUNITY COMMENTS:  

 

A.        Bob Miller, 424 Lorraine Drive.  Mr. Miller stated his question was if the City actually had a noise ordinance with regard to leaf blowers, lawn mowers, etc.  Ms Gilleland stated we do have an ordinance that addresses vehicular noise, such as a loud radio, and we also limit construction activity and waste collection to the hours beginning at 7:00 A.M.   Mayor Shaver stated we can also address items such as mufflers, etc., through the traffic code.  Mr. Miller stated he has had problems over the years and he just wanted to know if we had an ordinance and if we could enforce it.  Mr. Miller stated he had called in a complaint at one time and the information on who had complained was provided to the individual.  He stated if we do enact an ordinance he thought some kind of privacy clause should be included.  Ms Gilleland stated she would contact Mr. Miller tomorrow and discuss the problems he is having.     

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there were two Consent Agenda items this evening, Resolution 2006-09R, “A Resolution appointing Steve Elsea to the Utility Fees Review Committee,” and Resolution 2006-10R, “A Resolution Re-appointing Kevin Snyder to the Utility Fees Review Committee.”  Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Motion passed, 5-0.  

 

6.         COMMITTEE REPORTS:   

 

            A.        RULES COMMITTEE (Mrs. Riggs)  Mr. Fix stated Rules Committee met on August 7th and the minutes have been distributed.  Mr. Fix stated Rules Committee had forwarded the two Resolutions just passed on the Consent Agenda, and had also forwarded a policy regarding multiple memberships on Boards or Commissions that is also on tonight’s agenda. 

 

            B.         SAFETY COMMITTEE (Mr. Smith)  Mr. Sabatino stated Safety Committee also met on August 7th and the minutes have been distributed.  Mr. Sabatino stated the Waste Management contract extension came out of that meeting and is on tonight’s agenda. 

 

            C.        FINANCE COMMITTEE (Mr. Wisniewski)  Mr. Wisniewski stated Finance Committee held a special meeting on August 9th, and Ordinance 2006-76, on tonight’s agenda came out of that meeting.  Mr. Wisniewski stated this was dealing with the TIF we have with Equity and our TIF attorney is present to answer any questions anyone might have. 

 

            D.        SERVICE COMMITTEE (Mr. Hackworth)  Mr. Hackworth stated Service Committee met on August 10th.  He stated several items on tonight’s agenda came out of that meeting including the two rezoning ordinances that public hearings were held on earlier this evening, the reaffirmation of our intent to follow through on the Diley Road widening project, a modification of the original agreement with Stilson for the Diley Road project, seven ordinances dealing with temporary construction easements on the Diley Road project, and two resolutions of intent for a temporary easement on the Diley Road project.  He stated these two resolutions may require eminent domain action.  Mr. Hackworth further stated he would ask to remove the Access Management Plan from the table this evening for a second reading, although one page has yet to be corrected and Council should have that correction before the final reading. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver administered the oath of office to Linda Shelts as a member of the Tree Commission, Tim Wagner as a member of the Personnel Appeals Board, and Susan Green and Yulanda Hammond as members of the Parks and Recreation Board.   Mayor Shaver stated he would like to thank these individuals for taking the time to volunteer for these positions.

 

            Mayor Shaver stated he felt Council needed to address the use of city personnel and staff people, such as the engineer and attorneys.  He stated he felt Council should come up with some sort of mechanism to determine how these individuals will be utilized.  He stated at present concerns are being raised about the expenditure of funds for the engineer and attorneys and whether or not they are being directed by a single council member or council as a whole.  He stated further city staff members are also being utilized by council members and he was not sure if that was appropriate.  He stated he would suggest that the use of any city staff goes through the City Manager as that is the way our Charter is constructed.  Mayor Shaver stated he felt Council should come up with some type of policy on how staff can be utilized by Council members. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated Items 8.H through N are all related to the Diley Road widening and are all matters where settlements have been reached, and this is authorization to pay the price that was agreed upon by the ODOT negotiator and the landowners.  He stated Items 8.R and S are resolutions as the Revised Code requires the City to go through the resolution process and then an ordinance process if eminent domain is required.  He stated it is his understanding ODOT has reached an impasse in negotiations with these two landowners and and we are moving forward so we can have the right-of-way cleared.  

 

C.        FINANCE DIRECTOR.  Mr. Schornack stated by the next meeting Mrs. Fersch should have a more accurate figure regarding the CORMA amount in Item 8.U.  Mr. Schornack also stated a representative from Betty Montgomery’s office will be at City Hall on Thursday, August 17th, at 1:15 P.M. to present the City with a Best Practices Award. 

 

D.        SERVICE MANAGER.  Mr. Drobina stated the Waste Management ordinance on tonight is a two year extension to our current contract, and there is an increase in the rates.  Mr. Drobina stated the modification to Stilson’s contract for Diley Road is necessary because of some changes that some of the residents have asked for that could result in some cost savings on right-of-way purchases.  He stated further some changes have been required by the EPA and ODOT that caused additional design work.  Mr. Drobina stated the Anita-Willard waterline project has been completed and all of the residents are connected to the new waterline.  Mayor Shaver clarified that the Waste Management contract was extended per the original bid.  Ms Gilleland stated we did discuss bidding the contract, however, in looking at the prices presented by Waste Management it became clear we are getting a very good deal with them.  She stated in doing some comparisons on what other communities are paying we are significantly lower.  Ms Gilleland stated they are also providing good service to the City residents. 

 

E.         MANAGER.  Ms Gilleland stated her report had been distributed, and she would be happy to answer any questions.    Ms Gilleland stated our TIF attorney, Steve Grasbaugh, was present to address any questions on Ordinance 2006-76, dealing with the TIF construction contract.  Mr. Grasbaugh stated he would just like to make it clear that this is not the final construction plans and specifications.  He stated this agreement sets up the time schedule where Equity has to provide plans and specifications by October 15th, and there is a time line for our review.  He stated within three months of the approval of the final plans and specifications they are to have the final plat approved.  Further, within one year of the final plat approval, the road should be constructed.  Mr. Grasbaugh stated he would be happy to answer any questions. 

 

8          PROCEDURAL READINGS:

 

            A.        ORDINANCE 2006-73, “AN ORDINANCE TO ACCEPT AN ANNEXATION OF 316 ACRES IN VIOLET TOWNSHIP, FAIRFIELD COUNTY, TO THE CITY OF PICKERINGTON, STATE OF OHIO,” First Reading, Hackworth.  (TABLED, 08/01/06) 

 

            B.         ORDINANCE 2006-74, “AN ORDINANCE TO APPROVE THE REZONING OF 6.23+/- ACRES, LOCATED AT 11460, 11438, AND 11390 MILNOR ROAD, FROM R-2 (SINGLE FAMILY RESIDENTIAL) TO R-1 (SINGLE FAMILY RESIDENTIAL) (EBRIGHT PROPERTY),” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is being rezoned in accordance with the annexation agreement.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

            C.        ORDINANCE 2006-75, “AN ORDINANCE TO APPROVE THE REZONING OF 2.43+/- ACRES, LOCATED AT 11360 MILNOR ROAD, FROM R-2 (SINGLE FAMILY RESIDENTIAL) TO PC-1 (PLANNED NEIGHBORHOOD COMMERCIAL) (EBRIGHT PROPERTY),” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this is also a result of the 2001 annexation.  Mr. Wisniewski stated there were some concerns voiced in the public hearing earlier this evening, and Mr. Schultz is going to see if we can tighten this up a little bit to protect the surrounding property owners.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, Mr. Hackworth, and Mr. Fix voting “Yea.”  Motion passed, 5-0. 

 

            D.        ORDINANCE 2006-76, “AN ORDINANCE AUTHORIZING THE EXECUTION OF A GUARANTEED MAXIMUM AMOUNT CONSTRUCTION CONTRACT FOR THE EXTENSION OF STONECREEK DRIVE IN THE CITY,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wisniewski stated if there were any further questions on this issue he or Mr. Grasbaugh would be happy to answer them.  Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0.  Mr. Wisniewski moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Mr. Hartmann stated he would like to point out that the Charter requires a three-fourth’s vote to suspend the rules, which would be six votes.  He stated, therefore, this motion failed.  Motion failed. 

 

            E.         ORDINANCE 2006-77, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT EXTENDING THE CONTRACT WITH WASTE MANAGEMENT OF OHIO, INC., FOR AN EXCLUSIVE LICENSE FOR RESIDENTIAL GARBAGE AND REFUSE COLLECTION,” First Reading, Smith.  Mr. Sabatino moved to approve; Mr. Fix seconded the motion.  Mr. Sabatino stated the cost increase to the residents with this extension is less than $.40 per week.  Mrs. Hammond stated she would like to ensure that the senior citizen residents of the City are aware of the senior citizen discount.  Mayor Shaver stated we can request Waste Management advise their customers of this discount on their next billing.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

            F.         ORDINANCE 2006-78, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ACCEPT FUNDS FROM THE MID-OHIO REGIONAL PLANNING COMMISSION FOR THE DILEY ROAD IMPROVEMENTS PROJECT (FAI-TR 207 – DILEY ROAD, PID NO. 75772),” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is the legislation reaffirming the Diley Road project.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, Mr. Hackworth, and Mr. Fix voting “Yea.”  Motion passed, 5-0. 

 

            G.        ORDINANCE 2006-79, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF THE ORIGINAL AGREEMENT FOR ENGINEERING SERVICES WITH W. E. STILSON CONSULTING GROUP, LLC., FOR ADDITIONAL SCOPE OF SERVICES AND FUNDING REQUEST,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this legislation is the result of some design modifications Stilson has provided for the Diley Road project.  Roll call was taken with Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0.  

 

            H.        ORDINANCE 2006-80, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.124 ACRE, MORE OR LESS, FEE SIMPLE INTEREST FROM KENNETH AND BENITA J. BLAIR LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this was briefed earlier this evening and if there were any questions she would be happy to try and answer them.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

            I.          ORDINANCE 2006-81, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.023 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.023 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM CAROL A. MULHERIN aka CAROL A. SMITH, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this was briefed earlier this evening and if there were any questions she would be happy to try and answer them.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

            J.          ORDINANCE 2006-82, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.069 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.039 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM PATRICK L. AND CAROL M. SMITH, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this was briefed earlier this evening and if there were any questions she would be happy to try and answer them.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

            K.        ORDINANCE 2006-83, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.028 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM DAVID E. CARR AND DONNA J. CARR, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this was briefed earlier this evening and if there were any questions she would be happy to try and answer them.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

            L.         ORDINANCE 2006-84, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.011 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM DAVID R. MADSEN AND NANCY A. MADSEN, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this was briefed earlier this evening and if there were any questions she would be happy to try and answer them.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

            M.        ORDINANCE 2006-85, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.005 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM LEAH R. JOHNSON, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this was briefed earlier this evening and if there were any questions she would be happy to try and answer them.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

            N.        ORDINANCE 2006-86, “AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.103 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.054 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM CAROL NOBLE, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this was briefed earlier this evening and if there were any questions she would be happy to try and answer them.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

            *O.      RESOLUTION 2006-09R, “A RESOLUTION APPOINTING STEVE ELSEA TO UTILITY FEES REVIEW COMMITTEE,” First Reading, Fix.  Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Motion passed, 5-0.   (CONSENT AGENDA ITEM)

 

            *P.       RESOLUTION 2006-10R, “A RESOLUTION RE-APPOINTING KEVIN SNYDER TO THE UTILITY FEES REVIEW COMMITTEE,” First Reading, Fix.  Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mrs. Hammond, and Mr. Wisniewski voting “Yea.”  Motion passed, 5-0.  (CONSENT AGENDA ITEM)

 

            Q.        RESOLUTION 2006-11R, “A RESOLUTION TO ADOPT A MULTIPLE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP POLICY FOR THE CITY OF PICKERINGTON,” First Reading, Fix.  Mr. Fix moved to adopt; Mr. Sabatino seconded the motion.  Mr. Fix stated there have been questions regarding clarification on individuals serving on multiple boards and commissions for the City.  He stated to avoid any type of conflict, Rules Committee was recommending the policy that individuals only serve on one permanent committee, however, they may serve on a temporary committee if appointed.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

            R.         RESOLUTION 2006-12R, “A RESOLUTION OF INTENT TO APPROPRIATE A 0.026 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FOR A TEMPORARY EASEMENT, FROM LEROY S. PERSON, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is one of the properties Mr. Hartmann briefed on earlier regarding the Diley Road project.  Mr. Sabatino stated when legislation of this type comes to Council, he would like to have documentation included that provides details of the negotiations with the property owner.  He stated without knowing the details he was not comfortable voting in favor of this.  Ms Gilleland stated that information can be provided with the legislation.  Mr. Hartmann stated, under the law, we are required to make good faith negotiations and he was sure our negotiators from ODOT are keeping notes, so it should be easy to inform Council as to how the negotiations are going.  Mr. Hartmann stated further with regard to this property, and the one in the next resolution, there were discussions to see if the need for these takes could be eliminated as they are not very big.  He stated it was thoroughly examined to avoid getting to this point.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Hammond, Mr. Fix, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 4-1. 

 

            S.         RESOLUTION 2006-13R, “A RESOLUTION OF INTENT TO APPROPRIATE A 0.069 AND 0.031 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FOR A PERMANENT EASEMENT, FROM JOHN T. AND LACINDA L. DARBY, LOCATED EAST OF DILEY ROAD, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is the same circumstance as the previous Resolution.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Hammond, Mr. Fix, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 4-1.  

 

            T.         ORDINANCE 2006-46, “AN ORDINANCE RESCINDING ORDINANCE NO. 2001-130 AND ADOPTING A NEW ACCESS MANAGEMENT PLAN,” Second Reading, Hackworth.  (TABLED, 07/18/06)  Mr. Hackworth moved to remove from the Table; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Fix, Mr. Hackworth, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 5-0.  Mr. Hackworth moved to approve; Mrs. Hammond seconded the motion.  Mr. Hackworth stated we amended the Access Management Plan to remove all references to Township property.  He stated on page 13, township property was inadvertently identified and that will be corrected.  He further stated the replacement page should be distributed prior to the next reading.  Mr. Sabatino stated some business owner’s accesses along S.R. 256 have been identified for potential removal in the future.  He stated he has spoken to the Development Director and suggested the City issue some type of explanation to these business owners as to what being identified on this Plan actually means.  He stated he felt this might prevent confusion in the future.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Hammond, Mr. Wisniewski, Mr. Fix, and Mr. Hackworth voting “Yea.”  Motion passed, 4-1. 

 

            U.        ORDINANCE 2006-67, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTINUE MEMBERSHIP WITH THE CENTRAL OHIO RISK MANAGEMENT ASSOCIATION FOR THE TIME PERIOD OCTOBER 1, 2006, TO SEPTEMBER 30, 2007,” Second Reading, Fix.  Mr. Fix moved to adopt; Mr. Hackworth seconded the motion.  Mr. Fix stated this authorizes renewal of our property and liability insurance.  He stated our cost is maximized at $250,000, however, we have not received the actual premium as yet.  Mr. Fix stated at the next meeting we may need to declare an emergency on this legislation so we can meet the deadline of September 30th.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

            V.        ORDINANCE 2006-72, “AN ORDINANCE AUTHORIZNG THE CITY MANAGER TO ENTER INTO A NEW LEASE AGREEMENT WITH INTER-TEL TECHNOLOGIES, INC., FOR THE LEASE OF A DIGITAL TELEPHONE SYSTEM FOR ITS CITY HALL, BUILDING, SEWER, POLICE, AND STREET DEPARTMENTS,” Second Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Fix seconded the motion.  Mr. Wisniewski stated this lease agreement will bring all of the city buildings phone systems under the same lease, and this will save us money throughout the year.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mr. Hackworth, Mr. Sabatino, and Mrs. Hammond voting “Yea.”  Motion passed, 5-0.  

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2006-64, “AN ORDINANCE ADOPTING THE 2005 OHIO FIRE CODE AND AMENDING CHAPTER 16 OF THE CODIFIED ORDINANCES OF THE CITY OF PICKERINGTON ENTITLED ‘FIRE PREVENTION CODE’,” Third Reading, Smith.  Mr. Sabatino moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, and Mr. Fix voting “Yea.”  Motion passed, 5-0. 

 

            B.         ORDINANCE 2006-65, “AN ORDINANCE AMENDING CHAPTER 1258.32(a) OF THE CODIFIED ORDINANCES OF THE CITY OF PICKERINGTON ENTITLED ‘WARRANTY OF IMPROVEMENTS’,” Third Reading, Smith.  Mr. Fix moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Fix, Mr. Hackworth, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 5-0. 

 

            C.        ORDINANCE 2006-66, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CARGILL SALT FOR ROAD SALT,” Third Reading, Riggs.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 5-0. 

 

10.       OTHER BUSINESS:  No other business was brought forward. 

 

11.       MOTIONS: 

 

            A.        Mr. Wisniewski moved for an Executive Session under Section 121.22(G)(3), Conference with the law director regarding pending or imminent court action; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mrs. Hammond, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 5-0.  

 

            B.         Mr. Wisniewski stated there has been some confusion about being invited to participate in a JEDD on Busey Road.  He stated he has spoken to the City Manager and the Township Clerk and neither is aware of any documentation.  He stated this parcel is a non-controversial area, it is not on our borders, it is not surrounded by resident’s homes, and we have a desire to work with the Township wherever possible.  Mr. Wisniewski stated it appears there is an invitation out there and he would like to request the City Manager formally invite the Township Trustees to a Work Session with Council at some time in September at everyone’s convenience to discuss this issue.  Mr. Wisniewski moved to authorize the City Manager to formally invite the Township Trustees to a Work Session of Council in September, at their convenience, or Council attending a meeting at their convenience, in hopes of reaching a JEDD agreement on this parcel of land; Mr. Sabatino seconded the motion.  Roll call was taken with Mr. Fix, Mr. Hackworth, Mr. Wisniewski, Mr. Sabatino, and Mrs. Hammond voting “Yea.”  Motion passed, 5-0. 

 

Council went into Executive Session at 8:40 P.M., and reconvened in open session at 9:06 P.M. 

 

12.       ADJOURNMENT.  There being nothing further, Mr. Wisniewski moved to adjourn; Mr. Fix seconded the motion.  Mr. Sabatino, Mrs. Hammond, Mr. Hackworth, Mr. Fix, and Mr. Wisniewski voted “Aye.”  Motion carried, 5-0.  The meeting adjourned at 9:09 P.M., August 15, 2006.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

__________________________________

David Shaver, Mayor