PICKERINGTON CITY COUNCIL
CITY HALL, 100
LOCKVILLE ROAD
TUESDAY, SEPTEMBER
19, 2006
PUBLIC HEARING
6:20 P.M.
OPEN DISCUSSION
REGARDING REZONING OF 4.22 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF
S.R. 256 JUST SOUTH OF THE PICKERINGTON HEALTH CENTER FROM C-3 (COMMUNITY
COMMERCIAL) TO P-O (PLANNED OFFICE DISTRICT) AND ACCEPTING THE FINAL
DEVELOPMENT PLAN FOR PICKERINGTON ASSISTED LIVING FACILITY
Mayor Shaver opened the Public Hearing at 6:20 P.M., with the following council members present: Mr. Fix, Mr. Smith, Mr. Hackworth, Mrs. Hammond, Mr. Sabatino, Mr. Wisniewski, and Mayor Shaver. Others present were: Lynda Yartin, Phil Hartmann, Lance Schultz, Craig Bohning, Don Lacey, and others.
Mr. Schultz stated Planning and Zoning Commission approved the proposed rezoning and final development plan at their July 11, 2006, Regular Meeting, and Service Committee approved the proposed rezoning and final development plan at their August 10, 2006 Regular Meeting. He stated both Planning and Zoning Commission and Service Committee approved this with the twelve (12) conditions set forth in Exhibit A of the ordinance. Mr. Smith clarified the developer has indicated they agreed with all of the conditions. Mr. Smith further clarified that when we review the engineering drawings we will review the Fire Department’s suggestion of a boulevard entrance to see if it is appropriate.
There being no further comments Mayor Shaver closed the public hearing at 6:30 P.M., September 19, 2006.
RESPECTFULLY SUBMITTED:
_____________________________
Lynda D. Yartin, Municipal Clerk
ATTEST:
______________________________
David Shaver, Mayor
PICKERINGTON CITY COUNCIL
TUESDAY,
SEPTEMBER 19, 2006
COUNCIL WORK SESSION
DISCUSSION REGARDING COUNCIL RETREAT SCHEDULED FOR
OCTOBER 17, 2006
6:45 P.M.
1. ROLL CALL. Mayor Shaver opened the work session at 6:45 P.M., with Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, Mrs. Riggs, Mr. Wisniewski, and Mayor Shaver present. Others present were: Judy Gilleland, Lynda Yartin, Tim Hansley, Don Lacy, and others.
2. Open discussion regarding Council Retreat scheduled for October 17, 2006. Ms Gilleland stated Mr. Don Lacy was present this evening to speak with Council regarding the retreat scheduled for October 17th. He stated he would like to discuss what Council would like to cover during the retreat session. Mr. Lacy stated he would like Council to consider three themes to talk about at that time:
(1) Governing for Success: How do we do it?
(2) How do you make Pickerington an even better place to live, work, conduct business and engage in leisure activities? What can we do?
(3) How do we develop a better quality of life for all residents?
Mr. Lacy stated a retreat is a time to reflect upon the current situation, not on the current policies and issues, and to begin to plan for the future. He stated a retreat is not designed to discuss specific issues or decisions that are on the immediate agenda, it is a time to establish a framework for future decisions.
Mr. Lacy stated potential retreat agenda topics might include:
(1) Developing a Community Strategic Plan
(2) Developing Rules of Procedure
(3) Developing Codes of Conduct
(4) Developing Effective Teamwork
(5) Defining the community team and the roles for the members of the team
(6) Understanding/measuring the community quality of life
(7) Developing procedures in involve community residents in planning and decision making
Mr. Lacy stated normally a retreat lasts about three days, and we are going to try and get a lot done in four hours. He stated he would like council to think about how we can most effectively use those four hours. Mr. Lacy stated he had distributed a “Food for Thought Questions” form along with a survey form and he would request Council complete these anonymously and mail them to him in the envelope he had provided. He stated if Council would just jot down their ideas on the Food for Thought questions he would assemble that information and it would become a part of the retreat so everyone can evaluate it. He stated he would also hope department heads and staff would complete the survey as well so they will have some sense of how everyone is looking at this community.
Mr. Wisniewski stated what he would like to see at the retreat would be the results of the survey from Council and the Mayor, and then the results from staff, to see how they view things versus how Council views them. Mr. Lacy stated he thought that would be something to work with. Mr. Smith stated he felt we had a lot of pieces and parts that need to be woven together to make sure they are synchronized to see what is missing. Mr. Lacy stated he felt everyone was on the same page; a strategic plan does not begin until you do the vision. The vision is the foundation for all that occurs, and the strategic plan is how we get from where we are to where we want to be. Mr. Fix stated he felt that in a retreat of five hours the best that could be done would be to agree on the vision, and then put together a process to come up with a strategic plan. He stated further a strategic plan takes months and months to accomplish and is not something that can be done in one day, however, if there is an understanding of what the vision is and how to create the strategic plan that would be a big accomplishment from this retreat. Mr. Smith stated he did not think it would take months because we have major chunks of it already done. Mr. Fix stated he agreed, his point was that it would take more than five hours. Mr. Sabatino stated he felt after the initial retreat, if we can come up with a vision, that would be a major accomplishment. He continued he felt it would be a mistake to try and do too much to quickly as the reason we are having the retreat is because we have not had the discussion on things we need to talk about. Mr. Lacy stated he felt that was the key; take some time to get a direction or sense of where you are going. Mrs. Riggs stated since we do have just a short time set for the retreat, she felt it was very important to set ground rules so everyone stays on task. Mr. Wisniewski stated he was under the impression this was the first of two or more of these meetings, so this would be a starting point for these discussions. Mr. Lacy stated he would work with Council through this process; however, he will be retiring on December 31st. He stated he agreed, this is a beginning, and it is what follows that makes the difference. Mr. Lacy stated once he gets the forms back from Council, he will build an agenda and forward it to everyone for review. He stated it would be a loosely structured agenda as he did not want them to be so bound by time and space that they did not get to the issues they needed to get to.
Ms Gilleland reminded everyone that the retreat is scheduled for October 17, 2006, at 4:00 P.M. at the Pickerington Public Library.
3. ADJOURNMENT: There being nothing further, the work session closed at 7:20 P.M., September 19, 2006.
RESPECTFULLY SUBMITTED:
__________________________________
ATTEST:
________________________________________
David Shaver, Mayor
PICKERINGTON CITY COUNCIL
TUESDAY, SEPTEMBER 19, 2006
7:30
P.M.
1. ROLL CALL, PLEDGE OF ALLEGIANCE, AND INVOCATION. Council for the City of Pickerington met for a regular session Tuesday, September 19, 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, Linda Fersch, Phil Hartmann, Chief Mike Taylor, Lance Schultz, Tim Hansley, Brenda VanCleave, Rick Palsgrove, Sean Casey, Tory Kramer, Craig Bohning, Harry Myer, Pastor April Thoms, and others. Pastor Thoms of Catalyst Church delivered the invocation.
2. APPROVAL OF MINUTES OF September 5, 2006, REGULAR MEETING. Mr. Smith moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, Mr. Fix, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
3. APPROVAL OF AGENDA. Mr. Fix moved to approve; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 7-0.
4. COMMUNITY COMMENTS:
A. Tory Kramer, 36 Lynette Drive. Mr. Kramer stated he is the parent of a Pickerington Central High School student athlete. Mr. Kramer stated due to his involvement with the City’s Planning and Zoning Commission, he was approached and asked if the City was in possession of any purple and white Tiger flags. He stated the athletic boosters wanted to have the flags placed in the holders located in the old village in time for the Homecoming football game. Mr. Kramer stated he contacted the City Manager to see if the City had these flags, and she responded that the City did have the flags and she would be happy to have them put up in the village. Mr. Kramer stated this past Thursday, Hill Road, between Columbus Street and the railroad tracks, was awash with the purple and white Pickerington Central Tiger flags. Mr. Kramer stated he was taking this opportunity on behalf of the Quarterback Club and the Pickerington Central Tigers to sincerely thank the City employees involved and this is a great example of the fine work that is done each and every day by the staff of our City.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no Consent Agenda items this evening.
6. COMMITTEE REPORTS:
A. RULES COMMITTEE (Mrs. Riggs). Mrs. Riggs stated Rules Committee met on September 11th, and discussed a policy or procedures to be used to ask the law director and city engineer to work on items in order to ensure we are managing our legal and engineering fees, and to prevent multiple council members or staff calling these individuals for items we will be billed for. She stated there are other communities that have a policy such as this in place, and the law director is going to provide a draft policy for review at the next Rules Committee meeting.
B. SAFETY COMMITTEE (Mr. Smith). Mr. Smith stated Safety Committee also met on September 11th. He stated no new legislation from that meeting is on tonight’s agenda.
C. SERVICE COMMITTEE. (Mr. Hackworth). Mr. Hackworth stated Service Committee met on September 14th, and received a presentation from Shawn Hillman, the appraiser that is working on the Diley Road acquisitions. He stated there are 104 acquisitions for the entire project, 36 of which have been signed, 43 are in the process of appraisals, and 35 are in negotiations. He stated the legislation on tonight’s agenda for the rezoning of 4.22 acres came from Service Committee and a public hearing was held on that issue earlier this evening. Mr. Hackworth further stated there are several land acquisition ordinances on tonight’s agenda and of those, he would be asking for three readings on the ordinance for Mr. Christopher Watson as this is a total take of his property and he is in contract to build another house.
7. REPORTS:
A. MAYOR. Mayor Shaver stated he had nothing to report this evening.
B. LAW DIRECTOR. Mr. Hartmann stated Items 8.I through K are all resolutions of intent to appropriate and will be read separately as we have been unable to come to any agreement with these parties. He stated this is the initial resolution and will begin the process of preparing an appropriation phase.
C. FINANCE DIRECTOR. Mrs. Fersch stated she had nothing to report this evening.
D. SERVICE MANAGER. Ms VanCleave stated Mr. Drobina is on vacation and had nothing to report.
E. MANAGER. Ms Gilleland stated her report had been distributed, and she would be happy to answer any questions. She stated we are busy with the Diley Road project and we are getting into the budget season so it is a very busy time of year.
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 2006-92, “AN ORDINANCE REZONING 4.22 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF S.R. 256 JUST SOUTH OF THE PICKERINGTON HEALTH CENTER, FROM C-3 (COMMUNITY COMMERCIAL) TO P-0 (PLANNED OFFICE DISTRICT) AND ACCEPTING THE FINAL DEVELOPMENT PLAN FOR THE PICKERINGTON ASSISTED LIVING FACILITY,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this is a good development for the City. 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.
C. ORDINANCE 2006-93, "AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF THE ORIGINAL AGREEMENT FOR ENGINEERING SERVICES WITH MALCOLM PIRNIE FOR ADDITIONAL SCOPE OF SERVICES AND FUNDING REQUEST, First Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Mrs. Riggs stated this is an additional funding of $8,800 to pay for additional work to evaluate options for the wastewater treatment plant expansion. 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.
D. ORDINANCE 2006-94, "AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.3862 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FROM CHRISTOPHER C. WATSON, EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, First Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Mr. Hackworth stated this is what he had briefed on earlier and as Mr. Watson is in contract to build another house, and this is a total take, he will ask for three readings this evening. Mr. Sabatino clarified this property is on the southeast corner of Long and Diley. Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.” Motion passed, 7-0. Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion. Roll call was taken with Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, Mr. Fix, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mr. Hackworth moved to adopt; Mrs. Riggs 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. Third Reading. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.” Motion passed, 7-0.
E. ORDINANCE 2006-95, "AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.018 ACRE, MORE OR LESS, TEMPORARY RIGHT OF WAY EASEMENT, FROM LISA Y. HARPER, 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 is part of the Diley Road acquisitions. Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.” Motion passed, 7-0.
F. ORDINANCE 2006-96, "AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.02 ACRE, MORE OR LESS, TEMPORARY RIGHT OF WAY EASEMENT, FROM PATRICK L. SEAMAN AND PENNY L. SEAMAN, 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 is part of the Diley Road acquisitions. Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.” Motion passed, 7-0.
G. ORDINANCE 2006-97, "AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.02 ACRE, MORE OR LESS, TEMPORARY RIGHT OF WAY EASEMENT, FROM ALPHONSO GUICE, JR. AND MARLA K. GUICE, 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 is part of the Diley Road acquisitions. Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.” Motion passed, 7-0.
H. ORDINANCE 2006-98, "AN ORDINANCE APPROVING THE APPROPRIATION OF A 0.02 ACRE, MORE OR LESS, TEMPORARY RIGHT OF WAY EASEMENT, FROM EDDIE JACKSON AND CHARLENE JACKSON, 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 is part of the Diley Road acquisitions. Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.” Motion passed, 7-0.
I. RESOLUTION 2006-15R, "A RESOLUTION OF INTENT TO APPROPRIATE A 0.319 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.251 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM ANGELA M. MCDOWELL, LOCATED EAST 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 a resolution of intent to appropriate the property from Mrs. McDowell. Mr. Sabatino stated this deals with the possibility of imminent domain and the property owner has retained counsel to represent them. He stated he, therefore, would not be opposing the imminent domain procedure. 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.
J. RESOLUTION 2006-16R, "A RESOLUTION OF INTENT TO APPROPRIATE A 0.144 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.027 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM RYSARD REJMISZ AND ELZBIETA T. REJMISZ, 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 another resolution of intent to appropriate the property for the Diley Road widening. Mr. Sabatino stated as the property owner has retained counsel to represent them; he would not oppose the imminent domain action. 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.
K. RESOLUTION 2006-17R, "A RESOLUTION OF INTENT TO APPROPRIATE A 0.069 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.058 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM 436 DILEY ROAD, LLC, LOCATED EAST 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 the final resolution of intent on tonight’s agenda. Mr. Sabatino stated again, as the property owner has retained counsel he will not oppose the resolution. 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.
L. ORDINANCE 2006-87, “AN ORDINANCE ESTABLISHING A PROHIBITION ON PERSONS WHO HAVE BEEN CONVICTED OF AND/OR WHO HAVE BEEN CLASSIFIED AS EITHER A SEXUAL PREDATOR OR AS A SEXUALLY ORIENTED OFFENDER FROM ESTABLISHING A RESIDENCE OR OCCUPYING RESIDENTIAL PREMISES WITHIN ONE THOUSAND (1,000) FEET OF ANY SCHOOL PREMISES, LICENSED DAYCARE FACILITIES, CITY-OWNED OR OPERATED PUBLIC PARKS, SWIMMING POOLS AVAILABLE TO THE PUBLIC, OR PUBLIC OR COMMUNITY PLAYGROUNDS,” Second Reading, Smith. Mr. Smith moved to adopt; Mrs. Riggs seconded the motion. Mr. Smith stated this is the second reading on this ordinance. Mr. Wisniewski stated he hoped this did not create a false sense of security for parents. Mr. Smith stated he concurred; this is just one more brick in the wall we try to build to protect our children. 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.
M. ORDINANCE 2006-91 (AS AMENDED), “AN ORDINANCE AMENDING CHAPTERS 1050 AND 1060 OF THE CITY OF PICKERINGTON CODIFIED ORDINANCES ESTABLISHING WATER AND SEWER RATES,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Smith seconded the motion. Mr. Hackworth stated this ordinance would approve raising our water and sewer rates. He stated by the time this is in effect it will have been 16 years since we have had an increase for sewer rates and 14 years for water rates. He stated this increase is necessary to keep up with our expenses. Mr. Sabatino stated he understood this is an issue that needs to be addressed, however, he has an on-going concern about the low volume users paying the minimum sewage fee. Mr. Hackworth stated he felt this was something that would be addressed by the Utility Fees Review Committee when they have their next meeting. He stated further we will continue to monitor our rates so if there are some inequities in the way we charge people; we will try to correct that. Mr. Wisniewski stated there should always be a charge of some sort for just being associated with the system. He stated just because you are not a high volume user it does not mean that the services you receive are free, there is a charge associated with being a user of the system. He stated he was not against that charge being adjusted if necessary, but everyone on the system needs to pay their fair share for the services. Mr. Smith stated this has been covered in the local papers and he has not received one single call on this. He stated suburbs of Columbus are going to see their rates go up over 30 percent over the next few years, and their rates will be much higher than ours. He stated he was glad that we were not dependent upon Columbus for our water or it would have been much worse. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Smith, Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 6-1.
9. LEGISLATIVE READINGS:
A. 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),” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this was part of a pre-annexation agreement and we are converting the Township zoning to be more compatible with the City’s zoning. 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.
B. 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),” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this would residential converted to a planned commercial and was also a part of the annexation agreement. Roll call was taken with Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.” Motion passed, 7-0.
C. 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),” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Smith seconded the motion. Mr. Hackworth stated periodically through the process of widening Diley Road, MORPC and ODOT request us to recommit to our intention to complete the widening, and this is the reaffirmation of our intent to follow through on the project. Roll call was taken with Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.” Motion passed, 7-0.
D. 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,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated Stilson has had to do some re-engineering with driveways and other issues, and they are asking for additional funds to cover those expenses. Roll call was taken with Mr. Fix, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.” Motion passed, 7-0.
E. 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,” Third Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated this is for a temporary construction easement for the Diley Road widening project. 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.
F. 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,” Third Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated this is for a temporary construction easement for the Diley Road widening project. 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.
G. 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,” Third Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated this is for a temporary construction easement for the Diley Road widening project. 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.
H. 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,” Third Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated this is for a temporary construction easement for the Diley Road widening project. 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.
I. 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,” Third Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated this is for a temporary construction easement for the Diley Road widening project. 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.
J. 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,” Third Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated this is for a temporary construction easement for the Diley Road widening project. 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.
K. 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,” Third Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated this is for a temporary construction easement for the Diley Road widening project. 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.
L. ORDINANCE 2006-90, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MOODY’S OF DAYTON, INC., FOR PROFESSIONAL ENGINEERING SERVICES REGARDING CONSTRUCTION AND INSTALLATION OF WELL NO. 7 AT THE DILEY ROAD WELL FIELD,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this is the CIP project for Well No. 7. 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. RESOLUTION 2006-11R, “A RESOLUTION TO ADOPT A MULTIPLE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP POLICY FOR THE CITY OF PICKERINGTON,” Third Reading, Fix. Mr. Fix moved to adopt; Mrs. Riggs seconded the motion. Mr. Fix stated Rules Committee had considered this, and the policy being recommended is that an individual not serve on two permanent boards or commissions at the same time, however, they would have the ability to serve on a permanent board or commission and a temporary board or commission. Mr. Wisniewski stated he was interested in amending the policy to provide for a little tighter control. He stated in the past the City has had a bit of an issue with appointing friends or colleagues, and sometimes not exactly the most qualified applicant. Mr. Wisniewski stated he had provide a draft amendment to this policy as he would like to require the vacancy be advertised at least twice, but if enough applications were not received then members could be appointed from the permanent boards or commissions. Mr. Wisniewski stated he would like to see more involvement from the community with the members rather than using the same ones we have. Mr. Smith stated he did not understand how we would determine what enough applications would be, and Mr. Wisniewski stated we have over 9,000 residents in the City and he felt we should be able to find someone who is qualified for the positions. Mr. Fix stated he disagreed because he felt this would limit us for temporary commissions. He stated a temporary commission is for a specific issue and if we rule out the 20-25 people already serving on our permanent commissions, then we rule out some of the people we already think are some of the most talented individuals in our community. He stated further this was discussed in the Rules Committee, and that Committee determined they did want to allow people who serve on permanent boards or commissions to serve on a temporary board or commission. Mr. Wisniewski stated he felt that was fine if we could not find qualified residents in the community to serve on the temporary boards and commissions. He stated he felt this would make sure we are not basing someone’s qualifications upon their service already or upon a personal affiliation with someone. Mr. Fix stated he agreed someone should not be appointed based upon a personal affiliation, but what better test is there of someone’s ability to serve the community well, than someone who has sat on one of the permanent boards or commissions. He stated he did not disagree that if we can find individuals to serve on a temporary committee, we should do that, but he felt it was a mistake to preclude people that we already know can do the work. Mr. Fix stated his concern was that we would lose people from a permanent board or commission so they could serve on a temporary commission. Mr. Wisniewski stated he did not agree with that because if someone was serving on a permanent board or commission they had accepted that position because they wanted to serve on that board or commission. Mrs. Riggs stated she had some questions regarding the proposed amendment, because it states that if we have an insufficient number of applications, will we interview or put it back out for advertising for another 30 days. Mr. Wisniewski stated that meant if we had not received sufficient applications we would readvertise it. Mrs. Riggs stated her question would be what is insufficient? She further stated the proposed amendment requires 30 days for the first advertisement and an additional 30 days for the second advertisement, so by the time interviews can be scheduled you could be 90 days into the process. She stated she understood Mr. Wisniewski’s point, but she was struggling with the term “insufficient applications” and concerned with the time delay that would occur. Mr. Wisniewski stated by insufficient applications, we had not received enough applicants to fill the positions. Mr. Hartmann stated the intent of that was if a sufficient number of applications was not received to fill the vacancies. Mayor Shaver stated however, if five applications were received for five vacancies, that would preclude Council from selecting someone from a permanent board or commission. Mr. Hartmann stated the way the proposed amendment was written, that was correct. Mr. Wisniewski stated his intent was to try and get away from appointing the same individuals to the same commissions over and over again. Mr. Fix stated he respected that, however, he felt we were trying to over legislate this. Mrs. Riggs stated if we were going to be that critical, then we should put minimum qualifications in the advertisement so we get the individuals we want to interview. She stated since she has been on Council she felt we have done a good job bringing new people to the boards and commissions. Mr. Sabatino stated he did not feel we have had to deal with the situation of taking someone who is on a permanent board or commission to use on a temporary board or commission, and if we are going to have this much discussion on this, perhaps this should be tabled or sent back to Committee for further consideration. Mr. Sabatino moved to Table; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Fix, Mr. Smith, Mrs. Hammond, and Mrs. Riggs voting “Nay,” and Mr. Sabatino, Mr. Wisniewski, and Mr. Hackworth voting “Yea.” Motion to Table failed, 3-4. Mr. Wisniewski moved to amend the Resolution with the draft distributed this evening, but changing the language in the proposed amendment to require advertising for two fourteen (14) day periods rather than two thirty (30) day periods; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Fix, Mr. Smith, Mrs. Riggs, and Mrs. Hammond voting “Nay,” and Mr. Sabatino, Mr. Wisniewski, and Mr. Hackworth voting “Yea.” Motion to amend failed, 3-4. Roll call was taken on third reading with Mr. Wisniewski and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Hackworth voting “Yea.” Motion passed, 5-2.
N. 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,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated this is a resolution of intent to appropriate property for the Diley Road project. Mr. Sabatino stated this is another imminent domain possibility, and as he did not believe they had retained legal counsel, he would not support it. Mr. Wisniewski clarified that Mr. Sabatino felt that once a property owner retained legal counsel they have already made up their minds that the offer is insufficient and they want to prove that in a court of law. Mr. Wisniewski stated they have already made up their minds by not accepting the offer. Mr. Sabatino stated that was correct and now when continuing through the process if the individual is still negotiating with the City and is not represented by legal counsel, and we are, he could not vote for it. Mr. Fix clarified if the property owner has legal counsel, Mr. Sabatino is in favor of imminent domain, however, if they do not have legal counsel he was against it. Mr. Sabatino stated that was how he felt. Mr. Sabatino stated he just did not agree with the process that is being used. Mr. Hartmann stated for clarification it was ODOT who was doing the negotiations on behalf of the City and on behalf of ODOT. He stated ODOT painfully goes through the process. Mr. Wisniewski stated in this type of case, we have reached a point where negotiations have broken down. Mr. Hartmann stated that was correct, we have reached an impasse and there is no way we will reach any agreement. He stated at the request of Mr. Sabatino, the negotiator’s notes were provided in the last council packet. Ms Gilleland stated she would like to point out that the negotiator is a subcontractor of Stilson and does not work directly for the City or ODOT. 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.
O. 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,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Fix seconded the motion. Mr. Hackworth stated this was another resolution of intent. Mr. Sabatino stated the property owner is represented by legal counsel and has requested the process go forward, so he would support it. Roll call was taken with Mr. Fix, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.” Motion passed, 7-0.
10. OTHER BUSINESS:
Mr. Smith stated he attended the United Way kick off meeting for Fairfield County last week and he would like everyone to know that the United Way is at the start of their fundraising campaign. He stated when making a donation you can designate it go to the Fairfield County agency.
11. MOTIONS:
A. MOTION TO RESCHEDULE THE OCTOBER 17, 2006, REGULAR COUNCIL MEETING TO OCTOBER 24, 2006, AT 7:30 P.M. Mrs. Riggs moved to reschedule the October 17, 2006, Regular Council Meeting to October 24, 2006, at 7:30 P.M.; Mr. Smith seconded the motion. Ms Gilleland stated the Pickerington City Council Retreat is scheduled for 4:00 P.M., October 17, 2006, at the Pickerington Public Library. Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
12. ADJOURNMENT. There being nothing further, Mr. Fix moved to adjourn; Mrs. Riggs 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 9:55 P.M., September 19, 2006.
RESPECTFULLY SUBMITTED:
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ATTEST:
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