PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, MAY 20, 2003

 

PUBLIC HEARING

7:20 P.M.

 

OPEN DISCUSSION REGARDING PROPOSED 2004 TAX BUDGET

 

 

Mayor Postage opened the public hearing at 7:20 P.M., with the following council members present:  Mayor Postage, Mrs. Riggs, Mr. Shaver, Mr. Fox, Mr. Parker, Mr. Sabatino, and Mr. Maxey.  Others present were:  Lynda Yartin, Chief Taylor, Jennifer Wray, Kathy Lucas, Mike Maurer, Dave Huston, and others.

 

Mayor Postage asked if there were any comments from the public, either for or against, the proposed 2004 Tax Budget.  There were no comments. 

 

There being no comments on this issue, Mayor Postage declared the public hearing closed at 7:23 P.M., May 20, 2003.

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

_____________________________

Louis V. Postage, Mayor

PICKERINGTON CITY COUNCIL

                                                  TUESDAY, MAY 20, 2003

                                         CITY HALL, 100 LOCKVILLE ROAD

 

                                           REGULAR MEETING AGENDA

                                                                7:30 P.M.

 

1.         ROLL CALL, PLEDGE OF ALLEGIANCE, AND INVOCATION. Council for the City of Pickerington met for a regular session Tuesday, May 20, 2003, at City Hall.  Mayor Postage called the meeting to order at 7:30 P.M.  Roll call was taken as follows:  Mr. Wright, Mr. Fox, Mr. Parker, Mr. Shaver, Mr. Maxey, Mr. Sabatino, Mrs. Riggs, Mayor Postage were present. No members were absent.  Others present were: Lynda Yartin, Linda Fersch, Jeff Feyko, Commander Mike Taylor, Susan Crotty, Jeff Kraus, Steve Carr, Molly Schwartz, Lance Schultz, Frank Wiseman, Mike Maurer, Jennifer Wray, Kathy Lucas, Pastor Jeff Myers, Dave Huston, Dennis Schwallie, Tony Barletta, Steve Reade, Dan Oakes, Gail Oakes, Richard Brahm, Tom Hart, Bruce Rigelman, Harry Myers, Wes Monhollen, Tim Bryant, and others.  Pastor Myers delivered the invocation.  

 

2.         A.        APPROVAL OF MINUTES OF MAY 6, 2003, PUBLIC HEARING regarding rezoning of 150 Hill Road.  Mr. Parker moved to approve; Mr. Maxey seconded the motion.  Roll call was taken with Mr. Wright abstaining, and Mr. Sabatino, Mr. Shaver, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting “Yea.”  Motion passed, 6-0. 

 

B.         APPROVAL OF MINUTES OF MAY 6, 2003, REGULAR MEETING.  Mr. Sabatino moved to approve; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wright abstaining, and Mr. Maxey, Mr. Fox, Mr. Parker, Mr. Shaver, Mrs. Riggs, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.

 

3.         APPROVAL OF AGENDA.  Mr. Fox moved to approve; Mr. Parker seconded the motion.  Mr. Wright moved to amend the agenda to add an ordinance to impose a 180 day moratorium on permits for body piercing and/or tattooing businesses and to declare the emergency; Mr. Sabatino seconded the motion.  This ordinance was designated as Ordinance 2003-48.  Roll call was taken on the motion to amend with Mrs. Riggs, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Fox, Mr. Sabatino, and Mr. Maxey voting “Yea.”  Motion passed, 7-0.     Roll call was taken on the agenda as amended with Mr. Sabatino, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.  Mayor Postage stated Ordinance 2003-48, “An Ordinance to impose a 180 day moratorium on permits for body piercing and/or tattooing businesses and the declaration of an immediate necessity and emergency in order to allow council adequate time to update the city’s code without new businesses being grandfathered,” would be added to the agenda as item 8.Q.

 

4.         COMMUNITY COMMENTS:    

 

A.        Mr. Dennis Schwallie, 8955 Easton Drive.  Mr. Schwallie stated he is the Bond Counsel for the City, and he was present to address Ordinance 2003-42.  Mr. Schwallie stated this ordinance would authorize up to $3,500,000 of bonds to refund certain outstanding bonds.  He stated in 1994 and 1995 the City issued bonds for financing improvements and while they had very good interest rates at the time, rates have fallen and this provides an opportunity to take advantage of these lower rates.  He stated the City does not have the right to prepay the bonds until 2004 and 2005, and the rates may not be as low at that time.  Mr. Schwallie stated Council can authorize new bonds today which will be used to purchase U.S. Treasury securities calculated to generate enough money to pay off the notes at their first call date.  Mr. Schwallie stated this ordinance would only authorize the Finance Director to proceed only if there is a four percent savings to the City after paying all the expenses of the transaction.  He stated this would represent approximately a $10,000 savings per year to the City on both the water and sewer notes.  Mr. Schwallie stated he would answer any questions anyone might have.   

 

B.         Mr. Steve Reade, 10416 Wright Road.  Mr. Reade stated he would like to express his feelings on what he sensed was going on.  He stated two weeks ago he thought Council had made some meaningful progress on making change in this community regarding growth.  Mr. Reade stated he did not necessarily agree with all of the numbers in the ordinance Council passed, however, he felt it was progress and a start on the right path.  Mr. Reade continued he had learned today there would be an attempt to amend that ordinance to the benefit of the builders, and he was asking that this community stand together and make sure we do not give up what we have gained and make sure we are doing the right things for the schools.  Mr. Reade stated this whole situation is about the schools, there is no question that the schools define our community, and council’s actions need to be based on what it means to the schools.  Mr. Reade stated the growth in the community has put the schools in the situation they are in, and the only way to get them out of that situation is to control and manage growth.  Mr. Reade stated he would ask that before amending the ordinance that council think carefully about what they were doing. 

     

C.        Dave Huston, 710 Andrea Lane.  Mr. Huston stated he thought building permits were getting out of hand, and now the builders want an extension so they can keep getting more permits.  Mr. Huston stated he felt when a builder came in for a building permit it should be for a house that he has sold, and he should have the financial papers to show it has sold.  Mr. Huston stated all the developers are doing now is putting spec homes up, and they will have the permits in hand before the ordinance takes effect. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Postage stated there were several items on the consent agenda this evening, “Resolution 2003-08R, a resolution authorizing the Police Department to apply for the 2003-2004 school year Drug Abuse Resistance Education (DARE) law enforcement grants program, Resolution 2003-09R, a resolution appointing Robert Farrell to the Personnel Appeals Board, Resolution 2003-10R, a resolution appointing William Douglas Blake to the Planning and Zoning Commission, Resolution 2003-11R, a resolution appointing Lisa Ann Ball to the Parks and Recreation Board, Resolution 2003-12R, a resolution appointing Dale Frazier to the Parks and Recreation Board, and, Resolution 2003-13R, a resolution appointing Jack Bowman to the Board of Zoning Appeals.”  Mr. Fox moved to approve; Mr. Wright seconded the motion.  Roll call was taken with Mr. Shaver voting “Nay,” and Mr. Sabatino, Mr. Parker, Mr. Fox, Mr. Wright, Mr. Maxey, and Mrs. Riggs voting “Yea.”  Motion passed, 6-1. 

 

6.         COMMITTEE REPORTS: 

 

            A.        SPECIAL FINANCE.  Mr. Wright stated the minutes had been distributed and the legislation Mr. Schwallie had briefed on the refunding of bonds had come out of that meeting.     

 

            B.         RULES COMMITTEE.  Mr. Maxey stated Rules Committee had forwarded the appointment resolutions that were on the consent agenda to Council this evening. 

 

            C.        SAFETY COMMITTEE.  Mr. Fox stated the Safety Committee minutes had been distributed and there were some items from that meeting on tonight’s agenda.  Mr. Fox stated he would answer any questions. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Postage stated the Police Department open house was held on Sunday and there was a very good turnout.  He stated he had also attended the Barn Painting on our barn at Sycamore Park.  Mayor Postage stated we were one of two barns in Fairfield County to be selected to have the Ohio Bicentennial logo painted on it and he would encourage everyone to go and see it.  Mayor Postage stated he had also met with representatives of the Community First committee and reviewed projects that are going on in the City.  Mayor Postage stated he was also scheduled to meet with Trustee Dunlap and a consultant to discuss a joint building code. 

 

B.         LAW DIRECTOR.  Mr. Feyko stated several pieces of legislation had been distributed for council this evening.  He stated one was a proposed amendment to Ordinance 2003-33, the ordinance to enact standards for the preservation of trees and wooded areas, and the proposed changes have been highlighted.  Mr. Feyko further stated Ordinance 2003-47 is an ordinance amending the growth management plan, and also the ordinance to impose a moratorium on body piercing and tattooing businesses that Council just addressed by amending the agenda. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she had nothing to report, but would answer any questions.     

 

D.        MANAGER.  Mayor Postage stated Mrs. Bushman has been delayed but she should arrive before the end of the meeting. 

 

8.         PROCEDURAL READINGS:

 

A.        ORDINANCE 2003-42, “AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,500,000 OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COST OF REFUNDING THE CITY’S WATER SYSTEM IMPROVEMENT BONDS, SERIES 1994, DATED AS OF APRIL 1, 1994, AND WASTEWATER TREATMENT PLANT IMPROVEMENT BONDS, SERIES 1995, DATED AS OF AUGUST 1, 1995, AND MATTERS RELATED TO SUCH BONDS,” First Reading, Parker.  Mr. Parker moved to adopt; Mr. Wright seconded the motion.  Mr. Parker stated these bonds mature in 2015 and they will still be paid off at that time.  He stated as Mr. Schwallie had explained we could save about $115,000 on these bonds and they will still be paid off at the same time.  Mr. Wright stated he would like to clarify that as we would be lowering the total amount of debt it would reduce the ten mill limit, although by a minimal amount.  Roll call was taken with Mr. Sabatino, Mr. Shaver, Mr. Wright, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting “Yea.”  Motion passed, 7-0. 

 

B.         ORDINANCE 2003-43, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PICKERINGTON LOCAL SCHOOL DISTRICT FOR EXTRAORDINARY POLICE SERVICES,” First Reading, Sabatino.  Mr. Sabatino moved to adopt; Mr. Fox seconded the motion.  Mr. Sabatino stated this basically renewed our agreement with the school district, and updates the costs for the police officers.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. Shaver, Mr. Maxey, Mr. Sabatino, Mr. Fox, and Mr. Wright voting “Yea.”  Motion passed, 7-0. 

 

C.        ORDINANCE 2003-44, “AN ORDINANCE DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FAIRFIELD COUNTY BOARD OF COMMISSIONERS FOR JAIL SERVICES,” First Reading, Sabatino.  Mr. Sabatino moved to adopt; Mr. Fox seconded the motion.  Mr. Sabatino stated this also renews an expiring contract with Fairfield County for jail services.  Roll call was taken with Mr. Maxey, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Fox, and Mr. Shaver voting “Yea.”  Motion passed, 7-0.  

 

D.        ORDINANCE 2003-45, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $625,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF STREET IMPROVEMENTS IN THE CYCLE WAY AREA OF THE CITY,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Sabatino seconded the motion.  Mr. Wright stated this was a renewal of existing notes.  Roll call was taken with Mr. Sabatino, Mr. Shaver, Mr. Wright, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting “Yea.”  Motion passed, 7-0. 

 

E.         ORDINANCE 2003-46, “AN ORDINANCE TO CREATE CHAPTER 820 OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO SEXUALLY ORIENTED BUSINESSES,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Sabatino seconded the motion.  Mr. Wright stated Safety Committee has been working on this for quite some time as our codified ordinances were inadequate for what our needs are.  He stated they arrived at this ordinance after much discussion and through review with other communities and he felt this legislation would help protect the citizens and the youth of the community in dealing with sexually oriented businesses.  He further stated we had set a moratorium on such businesses, and it expired on May 1st, therefore, he would like to do three readings this evening and declare the emergency so we can have this in place.  Mr. Sabatino stated some communities do provide for an annual renewal fee and this legislation does not do that.  Mr. Wright stated he thought the renewal was covered in this legislation, however, if necessary we can amend it at a later date.   Roll call was taken with Mr. Shaver abstaining, and Mr. Parker, Mrs. Riggs, Mr. Maxey, Mr. Sabatino, Mr. Fox, and Mr. Wright voting “Yea.”  Motion passed, 6-0.  Mr. Wright moved to suspend the rules for the purpose of three readings; Mr. Sabatino seconded the motion.  Roll call was taken with Mr. Maxey, Mr. Fox, Mr. Wright, Mrs. Riggs, Mr. Sabatino, Mr. Shaver, and Mr. Parker voting “Yea.”  Suspension of rules passed, 7-0.  Second Reading.  Mr. Wright moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Shaver abstaining, and Mr. Wright, Mrs. Riggs, Mr. Maxey, Mr. Parker, Mr. Sabatino, and Mr. Fox voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Wright moved to declare the emergency; Mr. Fox seconded the motion.  Roll call was taken with Mr. Shaver voting “Nay,” and Mr. Fox, Mr. Wright, Mr. Sabatino, Mr. Maxey, Mr. Parker, and Mrs. Riggs voting “Yea.”  Motion passed, with emergency, 6-1. 

 

F.         ORDINANCE 2003-47, “AN ORDINANCE AMENDING ORDINANCE 2003-41 (AN ORDINANCE ENACTING A GROWTH MANAGEMENT PLAN ON THE ISSUING OF HOUSING PERMITS FOR SINGLE FAMILY RESIDENTIAL UNITS FOR A PERIOD OF ONE YEAR) AND THE DECLARATION OF IMMEDIATE NECESSITY AND AN EMERGENCY IN ORDER TO EXTEND THE TIME FRAME AVAILABLE FOR APPLICABLE PARTIES TO AVAIL THEMSELVES OF THE RELIEF SET FORTH IN THE ORIGINAL ORDINANCE,” First Reading, Wright, Parker, Sabatino.  Mr. Wright moved to adopt; Mr. Parker seconded the motion.  Mr. Wright stated Council had been provided with a revised ordinance of the one they received in their packet.  He stated this revision was the result of discussions between Mr. Shaver, Mrs. Riggs, and Mr. Hart.  Mr. Parker stated he would like to clarify the purpose of this ordinance is to extend the time to put together the Community Authority until August 1st.  He stated to do it properly it takes time to allow everyone involved to coordinate with each other.  Mr. Parker stated that is all that this amendment does.  Mr. Shaver stated since he has made commitments to the BIA he will reluctantly vote for this amendment.  Mr. Shaver stated further instead of June 6, 2003, the effective date will be the earlier of August 1, 2003, or at such time as there are 100 closings on new homes.  He stated the closing on new homes section was put in to provide some assurance that there would not be a rush of building.  Mr. Shaver stated because of the realization that the delay of two months on the effective date of the ordinance will allow further growth, the ordinance is also being amended to zero the number of homes that may be built in this community for a period of one year.  He stated, in other words, if the Community Authority does not go into effect on August 1st, it is no longer a 100 home per year moratorium, it is a complete moratorium.  Mr. Shaver stated there is a provision for a stay if a qualifying plan for a Community Authority is provided to Council and, as of tonight, the terms for qualifying as a Community Authority have not been changed.  Mr. Shaver stated some good things in this amendment are that it will require the Mayor to obtain bids for regional planning, it will require the Mayor to formally request the participation of Violet Township in the regional planning process, and he hoped this extension would allow a Community Authority to be developed although he is pessimistic about the outcome of this process.  Mr. Shaver stated he felt the builders would openly expect this council, who’s members have been overwhelming pro-development in the past, will later amend the terms of the ordinance to minimize developer contribution.  He stated they have already requested that the requirement of ten mills be reduced to six mills, the cost of which will be borne solely by the homeowners, not causing any contribution on the part of developers.  Mr. Shaver further stated they will also likely request deletion of the provision for a community center, which this community badly needs.  He also stated he suspected they will request there be no limitations on the number of homes built, and by the time we get through with this process, there will be little actual costs to the developers.  Mrs. Riggs stated when the ordinance was passed at the last council meeting she did not feel council could commit to what they were voting on.  She stated further she had spoken to Mr. Hart to make an attempt to get the 100 houses in the moratorium.  Mrs. Riggs stated she did not know what the other council members agendas were, but her’s was about compromise and she has not seen that here.  Mr. Fox stated it is his understanding that the moratorium will be in effect if the Community Authority is not in place by August 1st.  Mr. Parker stated it was his feeling that if the Community Authority is not in place by August 1st, he would not support another amendment.  Mr. Wright stated he felt Mrs. Riggs was correct that council had passed an ordinance that not everything had been worked out on.  He stated when that happens you end up with legislation that has not been fully negotiated, and then on council floor you need to figure out what you are going to do.  Mr. Wright stated he felt it was important that everyone remember the commitments they have made, and remember the conversations during meetings of what dates would be effective.  He further stated council is not trying to do anything with the millage at this point, however, he did expect there to be negotiation on that since the ten mills is an arbitrary number.  Mr. Wright stated that is why they were hiring professionals to come in and tell them what is needed.  He continued that everyone needed to sit back and think about what would be reasonable.  Mr. Wright stated Mr. Shaver had written the legislation before council and it was his understanding Mr. Shaver had negotiated these points in good faith.  Mr. Wright stated council needs to negotiate this through, make sure the Community Authority happens and that the community ends up with the appropriate schools and the appropriate set aside for a community center.  Mr. Maxey stated it was his understanding that the negotiations with the BIA had an effective date of August 1st and since he was not involved in those negotiations he would like to know if that was accurate.  Mr. Wright stated that was correct.  Mr. Maxey clarified the ordinance provided tonight was written after negotiations that Mrs. Riggs and Mr. Shaver had with Mr. Hart of the BIA.  Mr. Wright stated Mr. Shaver prepared this legislation based upon conversations and the commitment he had given to the BIA.  Mr. Shaver stated council did not enter into contractual agreements with the building industry and it was clear to him we were going nowhere with this.  Mr. Parker stated it would have been his preference to leave this ordinance in Service Committee until the Community Authority was put together, however, Mr. Shaver and the Mayor wanted to bring it forward.  Mr. Parker stated he was asking for one thing, not any other changes, but just to give them the time to put the Community Authority together.  Mayor Postage stated he felt council had done a good job at the last meeting and tonight.  He further stated he felt Mr. Shaver had done a very good job in the way the legislation was laid out.  Mayor Postage stated further the Township had invited Council to attend a meeting on June 1st to jointly discuss not only the proposal on how the Community Authority could be set up in the Township, but in the City as well.  Mr. Shaver stated he would reluctantly vote for this ordinance only because of a commitment to the process.  Mrs. Riggs stated she felt this amendment was even better than the original since it spoke to a regional planner, and bringing the Township in is very positive.  She stated although this is not perfect, she felt we need to give it a chance and see what Mr. Hart can do.  Mr. Wright stated he would like to see all of Council listed as sponsors of this legislation, and all members concurred.  Mr. Wright stated he would like to point out that this legislation must be passed as an emergency because of the effective date.  Roll call was taken with Mr. Maxey, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Fox, and Mr. Shaver voting “Yea.”  Motion passed, 7-0.  Mr. Wright moved to suspend the rules for the purpose of three readings; Mr. Parker seconded the motion.  Roll call was taken with Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Fox, Mr. Shaver, Mr. Maxey, and Mrs. Riggs voting “Yea.”  Suspension of rules passed, 7-0.  Second Reading.  Mr. Wright moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Shaver, Mr. Maxey, Mrs. Riggs, Mr. Fox, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 7-0.  Third Reading, with emergency.  Mr. Wright moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Fox, Mr. Maxey, Mr. Shaver, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, with emergency, 7-0. 

 

G.        RESOLUTION 2003-08R, “A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO APPLY FOR THE 2003-2004 SCHOOL YEAR DRUG ABUSE RESISTANCE EDUCATION (DARE) LAW ENFORCEMENT GRANTS PROGRAM,” First Reading, Sabatino. Mr. Fox moved to approve; Mr. Wright seconded the motion.  Roll call was taken with Mr. Shaver voting “Nay,” and Mr. Sabatino, Mr. Parker, Mr. Fox, Mr. Wright, Mr. Maxey, and Mrs. Riggs voting “Yea.”  Motion passed, 6-1.  (CONSENT AGENDA ITEM) 

 

H.        RESOLUTION 2003-09R, “A RESOLUTION APPOINTING ROBERT FARRELL TO THE PERSONNEL APPEALS BOARD,” First Reading, Fox.  Mr. Fox moved to approve; Mr. Wright seconded the motion.  Roll call was taken with Mr. Shaver voting “Nay,” and Mr. Sabatino, Mr. Parker, Mr. Fox, Mr. Wright, Mr. Maxey, and Mrs. Riggs voting “Yea.”  Motion passed, 6-1.  (CONSENT AGENDA ITEM)

 

I.          RESOLUTION 2003-10R, “A RESOLUTION APPOINTING WILLIAM DOUGLAS BLAKE TO THE PLANNING AND ZONING COMMISSION,” First Reading, Fox.  Mr. Fox moved to approve; Mr. Wright seconded the motion.  Roll call was taken with Mr. Shaver voting “Nay,” and Mr. Sabatino, Mr. Parker, Mr. Fox, Mr. Wright, Mr. Maxey, and Mrs. Riggs voting “Yea.”  Motion passed, 6-1.  (CONSENT AGENDA ITEM)

 

J.          RESOLUTION 2003-11R, “A RESOLUTION APPOINTING LISA ANN BALL TO THE PARKS AND RECREATION BOARD,” First Reading, Fox.  Mr. Fox moved to approve; Mr. Wright seconded the motion.  Roll call was taken with Mr. Shaver voting “Nay,” and Mr. Sabatino, Mr. Parker, Mr. Fox, Mr. Wright, Mr. Maxey, and Mrs. Riggs voting “Yea.”  Motion passed, 6-1.  (CONSENT AGENDA ITEM)

 

K.        RESOLUTION 2003-12R, “A RESOLUTION APPOINTING DALE FRAZIER TO THE PARKS AND RECREATION BOARD,” First Reading, Fox.  Mr. Fox moved to approve; Mr. Wright seconded the motion.  Roll call was taken with Mr. Shaver voting “Nay,” and Mr. Sabatino, Mr. Parker, Mr. Fox, Mr. Wright, Mr. Maxey, and Mrs. Riggs voting “Yea.”  Motion passed, 6-1.  (CONSENT AGENDA ITEM)

 

L.         RESOLUTION 2003-13R, “A RESOLUTION APPOINTING JACK BOWMAN TO THE BOARD OF ZONING APPEALS,” First Reading, Fox.  Mr. Fox moved to approve; Mr. Wright seconded the motion.  Roll call was taken with Mr. Shaver voting “Nay,” and Mr. Sabatino, Mr. Parker, Mr. Fox, Mr. Wright, Mr. Maxey, and Mrs. Riggs voting “Yea.”  Motion passed, 6-1.  (CONSENT AGENDA ITEM)

 

M.        ORDINANCE 2003-38, “AN ORDINANCE TO REZONE 150 HILL ROAD NORTH FROM C-3 (COMMUNITY COMMERCIAL) TO P-M (PLANNED GENERAL INDUSTRIAL) AND TO APPROVE THE FINAL PLAN,” Second Reading, Maxey.  Mr. Maxey moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Shaver, Mr. Maxey, Mrs. Riggs, Mr. Fox, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 7-0. 

 

N.        ORDINANCE 2003-39, “AN ORDINANCE AMENDING THE 2003 APPROPRIATION, ORDINANCE 2002-142,” Second Reading, Parker.  Mr. Parker moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. Shaver, Mr. Fox, Mr. Parker, Mr. Sabatino, and Mr. Maxey voting “Yea.”  Motion passed, 7-0. 

 

O.        ORDINANCE 2003-40, “AN ORDINANCE TO AMEND SECTION 1440.02 OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO THE POSITION OF BUILDING OFFICIAL,” Second Reading, Parker.  Mr. Parker moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mr. Wright, Mr. Shaver, Mrs. Riggs, Mr. Maxey, Mr. Parker, Mr. Sabatino, and Mr. Fox voting “Yea.”  Motion passed, 7-0. 

 

P.         RESOLUTION 2003-07R, “A RESOLUTION TO ADOPT THE 2004 TAX BUDGET TO MEET THE JULY 15, 2003, DEADLINE AS SET FORTH IN THE OHIO REVISED CODE, SECTION 5705.28,” Second Reading, Wright.  Mr. Wright moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wright, Mr. Shaver, Mrs. Riggs, Mr. Maxey, Mr. Parker, Mr. Sabatino, and Mr. Fox voting “Yea.”  Motion passed, 7-0. 

 

Q.        ORDINANCE 2003-48, “AN ORDINANCE TO IMPOSE A 180 DAY MORATORIUM ON PERMITS FOR BODYPIERCING AND/OR TATTOOING BUSINESSES AND THE DECLARATION OF AN IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO ALLOW COUNCIL ADEQUATE TIME TO UPDATE THE CITY’S CODE WITHOUT NEW BUSINESSES BEING GRANDFATHERED,” First Reading, Wright.  Mr. Wright moved to adopt; Mrs. Riggs seconded the motion.  Mr. Wright stated this legislation came from the last Safety Committee and it must be handled separately from the sexually oriented business legislation.  Mr. Wright stated he would like to have this moratorium in place so we will have time to create the necessary code to regulate these types of businesses.  He stated he would, therefore, like to have three readings this evening so the moratorium can be in effect.  Mr. Shaver clarified it was not our intention to prohibit these businesses.  Mr. Sabatino clarified the title would read “and/or” rather than just “body piercing and tattooing businesses.”  Roll call was taken with Mr. Wright, Mrs. Riggs, Mr. Sabatino, Mr. Parker, Mr. Fox, Mr. Maxey, and Mr. Shaver voting “Yea.”  Motion passed, 7-0.  Mr. Wright moved to suspend the rules for the purpose of three readings; Mr. Sabatino seconded the motion.  Roll call was taken with Mr. Shaver, Mr. Maxey, Mr. Fox, Mr. Parker, Mr. Sabatino, Mrs. Riggs, and Mr. Wright voting “Yea.”  Suspension of rules passed, 7-0.  Second Reading.  Mr. Wright moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Parker, Mrs. Riggs, Mr. Wright, Mr. Shaver, Mr. Fox, and Mr. Maxey voting “Yea.”  Motion passed, 7-0.  Third Reading, with emergency.  Mr. Wright moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Maxey, Mr. Fox, Mr. Shaver, Mr. Wright, Mrs. Riggs, Mr. Parker, and Mr. Sabatino voting “Yea.”  Motion passed, with emergency, 7-0. 

 

9.         LEGISLATIVE READINGS:

 

A.        ORDINANCE 2003-33, “AN ORDINANCE TO ENACT STANDARDS FOR THE PRESERVATION OF TREES AND WOODED AREAS,” Third Reading, Sabatino.  Mr. Sabatino moved to adopt; Mr. Wright seconded the motion.  Mr. Sabatino moved to amend by substitution with the ordinance provided to Council and that Mr. Feyko addressed in his report; Mr. Fox seconded the motion.  Roll call was taken on the motion to amend with Mr. Sabatino, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Fox, Mrs. Riggs, and Mr. Maxey voting “Yea.”  Motion passed, 7-0.  Roll call was taken for Third Reading, as amended, with Mrs. Riggs, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

B.         ORDINANCE 2003-34, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $1,900,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF THE SANITARY SEWER COLLECTION AND TREATMENT SYSTEM OF THE CITY, INCLUDING PHASES 3 AND 4 OF THE D-LINE SEWER,” Third Reading, Wright.  Mr. Wright moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Shaver, Mr. Fox, Mr. Maxey, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 7-0.  

 

C.        ORDINANCE 2003-35, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $500,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE WATER SYSTEM OF THE CITY,” Third Reading, Wright.  Mr. Wright moved to adopt; Mr. Fox seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0.

 

D.        ORDINANCE 2003-36, “AN ORDINANCE TO AMEND ORDINANCE 99-64 RELATIVE TO USE OF THE CITY’S RIGHTS-OF-WAYS,” Third Reading, Parker.  Mr. Parker moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mr. Fox, Mr. Wright, Mr. Maxey, Mr. Sabatino, Mr. Parker, Mrs. Riggs, and Mr. Shaver voting “Yea.”  Motion passed, 7-0. 

 

E.         RESOLUTION 2003-05R, “A RESOLUTION OF AUTHORIZATION (NATUREWORKS AND/OR FEDERAL LAND AND WATER CONSERVATION FUND PROGRAM),” Third Reading, Sabatino.  Mr. Sabatino moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

F.         RESOLUTION 2003-06R, “A RESOLUTION DEDICATING CDBG FORMULA ALLOCATION TO THE REMOVAL OF ARCHITECTURAL BARRIERS IN THE CITY,” Third Reading, Parker.  Mr. Parker moved to adopt; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0.   

 

10.       MOTIONS:  There were no motions. 

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. Wright moved to adjourn; Mr. Sabatino seconded the motion.  Mr. Sabatino, Mr. Parker, Mr. Fox, Mr. Wright, Mr. Shaver, Mr. Maxey, and Mrs. Riggs voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 8:55 P.M., May 20, 2003.

 

RESPECTFULLY SUBMITTED: 

 

 

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Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

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Louis V. Postage, Mayor