PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, DECEMBER 19, 2006

 

PUBLIC HEARING

7:10 P.M.

 

OPEN DISCUSSION REGARDING PROPOSED REZONING OF 11.023 ACRE, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF S.R. 256 AND DILEY ROAD FROM R-4 AND C-3 TO PC-3

 

Mr. Hackworth opened the Public Hearing at 7:10 P.M., with the following council members present:  Mr. Fix, Mr. Smith, Mr. Hackworth, Mrs. Hammond, and Mr. Sabatino.  Others present were:  Judy Gilleland, Lynda Yartin, Phil Hartmann, Chief Mike Taylor, and others.

 

Mr. Schultz stated Planning and Zoning Commission approved the proposed rezoning in October with 15 conditions, and Service Committee approved it on December 14th, with the 16 conditions that are attached to the ordinance.  Mr. Schultz stated this will be a planned community commercial district with two retail buildings on the site, and three out lots fronting S.R. 256.  He stated access to the site will be a right-in off of S.R. 256 and a right-in/right-out on Windmiller Drive with a median, and full access curb cut on Old Diley Road.  Mr. Schultz stated he would be happy to answer any questions. 

 

Mr. Benjamin Payne stated he is the architect for the applicant and the developer agrees to the 16 conditions Mr. Schultz indicated were attached to the ordinance.  He stated he would answer any questions anyone may have on this project. 

 

There being no further comments Mr. Hackworth closed the public hearing at 7:14 P.M., December 19, 2006. 

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

____________________________________

Ted Hackworth, Vice President Pro Tempore 


PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, DECEMBER 19, 2006

 

PUBLIC HEARING

7:20 P.M.

 

OPEN DISCUSSION REGARDING PROPOSED AMENDMENT TO SECTION 1270.11(48) OF THE PICKERINGTON CODIFIED ORDINANCES DEFINING DAY CARE CENTERS

 

Mayor Shaver opened the Public Hearing at 7:20 P.M., with the following council members present:  Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, Mrs. Riggs, Mr. Wisniewski, and Mayor Shaver.  Others present were:  Judy Gilleland, Lynda Yartin, Phil Hartmann, Chief Mike Taylor, and others.

 

Mr. Schultz stated the purpose of this amendment is to revise our code to comply with the State standards as those standards supersede the City standards.  He stated Planning and Zoning approved the proposed amendment in October and Service Committee approved it in November.  Mr. Schultz stated he would be happy to answer any questions. 

 

There being no further comments Mayor Shaver closed the public hearing at 7:22 P.M., December 19, 2006. 

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

______________________________

David Shaver, Mayor 


PICKERINGTON CITY COUNCIL

TUESDAY, DECEMBER 19, 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, December 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, Phil Hartmann, Chief Michael Taylor, Ed Drobina, Brenda VanCleave, Lance Schultz, Chris Schornack, Pastor Chris Solwecki, Tony Barletta, Gary Weltlich, Helen Mayle, Kirk Richards, Bruce Englehart, Dan Horne, David Owen, Sean Casey, Carol Carter, and others.  Pastor Solwecki delivered the invocation. 

 

Mayor Shaver introduced the Columbus Children's Choir who performed Christmas Carols for the group. 

 

Mayor Shaver presented Certificates of Recognition to 15 families from Park Place West for their Christmas lighting display that has received national attention. 

 

2.         A.        APPROVAL OF MINUTES OF DECEMBER 5, 2006, PUBLIC HEARING REGARDING PROPOSED 2007 BUDGET.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski abstaining, and Mr. Sabatino, Mrs. Hammond, Mr. Smith, Mr. Hackworth, Mr. Fix, and Mrs. Riggs voting "Yea."  Motion passed, 6-0. 

 

B.         APPROVAL OF MINUTES OF DECEMBER 5, 2006, REGULAR MEETING.  Mr. Fix moved to approve; Mr. Smith seconded the motion.  Roll call was taken with Mr. Wisniewski abstaining, and Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, and Mrs. Riggs voting "Yea."  Motion passed, 6-0. 

 

3.         APPROVAL OF AGENDA.  Mr. Smith moved to approve; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Riggs, and Mr. Sabatino voting "Yea."  Motion passed, 7-0.  

 

COMMUNITY COMMENTS:  

 

A.        Mr. Tony Barletta, 671 Montmorency Drive.  Mr. Barletta stated he would like to address Council regarding the Economic Development Agreement and his reasons for opposing this agreement as it stands.  Mr. Barletta stated he did agree that the City should work with Violet Township to bring commercial development to our area as a commercial tax base can help reduce the burden on homeowners, both those here now and those to come.  He continued that if that development is not adjacent to city limits, then entering into a JEDD agreement could be a good thing if it is to the advantage of the City to do so.  He stated a JEDD agreement should stand on its own merit.  Mr. Barletta stated with regard to the agreement Council is considering this evening, with the limitation of residential annexations we are giving the Trustees veto power over our residential annexations.  He stated the Trustees are not a part of our City government and have not shown an inclination to act in the best interests of the City residents.  He questioned why we should give up the power to annex?  Especially in areas where the City would be providing sewer services.  Mr. Barletta stated with regard to the split of tax revenues from annexations; we are agreeing to split equally the tax proceeds from any commercial annexation or JEDD with the Township and other participating entities.  He questioned exactly what service the Township would provide for those payments.  Why do they need more than the replacement of the road and bridge levy that they lose when we annex property.  He stated he felt this was just a tax levy being used to subsidize Township taxpayers.  Mr. Barletta stated he also disagreed with the term of the agreement; a minimum of ten years with options to extend to 30 years.  He stated he would be more comfortable with a five year minimum and five year extensions.  Mr. Barletta stated he felt this agreement seems like a payoff to the Township at the City's expense, and is an inoculation against further residential annexations and ensures residential development in the Township can continue unfettered by the impact fees and growth limitations the City has worked hard to impose.  He stated Township residents with tracts of land ripe for development certainly would be happy with this deal.  Mr. Barletta stated these concerns are not scare tactics or political gamesmanship.  He further stated the Township residents have been aggressive in opposing additional commercial development near Pickerington North High School; land use studies on the Route 33 corridor show far more residential development than commercial.  He stated we probably missed the boat in not participating in the existing CEDA with Violet Township and Canal Winchester.  Mr. Barletta stated the version of the agreement produced by staff and rejected by Mr. Fix was much more favorable to the City and he believed the opposition would be greatly reduced if this version were considered.  Mr. Barletta stated he urged Council to vote this agreement down and start over. 

 

B.         Ms Carol Carter, 73 Lakeland Place.  Ms Carter stated she agreed with Mr. Barletta regarding the Economic Development Agreement.  Ms Carter stated she questioned if we cannot afford to pave all of our roads or hire more police officers, how could we afford this agreement.  She stated if we give part of our taxes to the Township, will we raise taxes to keep the services we have now?  Ms Carter stated development will not occur in areas where there are no roads, so we would have to pay to build the roads before anything would happen.  She stated she felt this agreement was totally wrong for our community.  Ms Carter stated we can work with the Township without making agreements that are better for the Trustees than the City. 

 

C.        Ms Helen Mayle, 13 W. Columbus St.  Ms Mayle stated she is President of the Pickerington Area Chamber of Commerce, and was representing that group this evening.  Ms Mayle stated the Chamber's Board of Directors has reviewed the Economic Development Agreement and has requested input from their members regarding the agreement.  Ms Mayle stated at this time the Chamber is one hundred percent behind the concept of the agreement, and the City of Pickerington and Violet Township should be working together for economic development of the Pickerington area. 

 

D.        Mr. Bob Ross.  Mr. Ross stated he is one of the owner's of Beef O'Brady's, and as a business owner in Pickerington he is very focused on both the current and future development and growth in the Pickerington area.  Mr. Ross stated he has seen communities who have achieved growth through cooperation and collaboration.  He stated in order to have successful balanced growth you need to have a focus on what the community, not the City or the Township, but the needs of the area over all.  Mr. Ross stated other communities, in cooperating with each other, have achieved results that are in the best interest of the entire area. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there were no Consent Agenda items this evening.

 

6.         COMMITTEE REPORTS:   

 

            A.        RULES COMMITTEE.  Mrs. Riggs stated Rules Committee did not meet due to the lack of a quorum. 

 

            B.         SAFETY COMMITTEE.  Mr. Smith stated Safety Committee met on December 4th and the minutes have been distributed.  He stated Safety Committee has been reviewing a complaint regarding noise from the skate park and the Committee has requested staff to come up with a comprehensive recommendation that addresses these concerns.  Mr. Smith stated further the Parks Master Plan and the Ohio Department of Transportation's Safe Routes to Schools grant application were approved at that meeting and are on tonight's agenda.  Mr. Smith stated Safety Committee also reviewed proposed building department fee increases that will be forwarded to Finance Committee after the first of the year.  Mr. Smith stated he would answer any questions. 

 

            C.        FINANCE COMMITTEE.  Mr. Wisniewski stated Finance Committee met on December 13th, and the minutes have not yet been distributed.  He stated two ordinances on tonight's agenda are from that meeting and include an appropriation ordinance and an increase in the Finance/Interim Personnel Director Salary.  Mr. Wisniewski stated he would request three readings on both of these ordinances as we are nearing the end of the year. 

 

            D.        SERVICE COMMITTEE.  Mr. Hackworth stated Service Committee met on December 14th, and those minutes have not been distributed as yet.  Mr. Hackworth stated on tonight's agenda we have 15 ordinances for property settlements where we have reached an agreement with the property owner, and 10 ordinances beginning the eminent domain process, and one resolution of intent for eminent domain that came out of the Service Committee meeting.  Mr. Hackworth stated the public hearings were held earlier this evening on the rezoning of the property at the N.W. corner of Diley Road and S.R. 256 and the amendment to our code regarding day care centers, and those ordinances are on tonight's agenda as well.  Mr. Hackworth stated he would answer any questions. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated he had no report this evening, but would like to wish everyone a happy holiday season. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated a Supreme Court case came out last week that relates directly to Pickerington, and also an annexation case relating to municipalities and townships and the ability to annex.  Mr. Hartmann stated this will be discussed during executive session later this evening. 

 

C.        FINANCE DIRECTOR.  Mr. Schornack stated as Mr. Wisniewski had briefed earlier, he would request three readings on the two ordinances on tonight's agenda. 

 

D.        SERVICE MANAGER.  Mr. Drobina stated he had nothing to report this evening, but he would be happy to answer any questions. 

 

E.         MANAGER.  Ms Gilleland stated her report had been distributed, and she would be happy to answer any questions.  Ms Gilleland stated she would also like to wish everyone a safe and happy holiday.    Ms Gilleland stated she would request Ms VanCleave, our engineer, to brief on the Safe Routes to Schools grant on tonight's agenda. 

 

Ms VanCleave stated as Mr. Smith mentioned we are working to apply for ODOT's Safe Routes to Schools Program.  She stated the purpose of this program is to help make walking and biking to school safer for the children of our community, and projects can include street lights, sidewalks, cross walks, crossing guards, etc.  Ms VanCleave stated this is a joint program between the City, the School District, and the Township. 

 

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 2006-166, “AN ORDINANCE TO AMEND SECTION 1270.11(48) OF THE CITY OF PICKERINGTON CODIFIED ORDINANCES DEFINING DAY CARE CENTERS,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Smith seconded the motion.  Mrs. Riggs stated as Mr. Schultz had briefed, this will bring our codified ordinances in line with the State law and the Attorney General opinion with regards to the definition of day care centers. 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 2006-167, “AN ORDINANCE REZONING 11.023 ACRES, MORE OR LESS, LOCATED AT THE NORTHWEST CORNER OF S.R. 256 AND DILEY ROAD, FROM R-4 (RESIDENTIAL) AND C-3 (COMMUNITY COMMERCIAL) TO PC-3 (PLANNED COMMUNITY COMMERCIAL) AND ACCEPTING THE FINAL DEVELOPMENT PLAN FOR A RETAIL CENTER,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated a public hearing was held on this earlier this evening.  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 2006-168, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE OHIO DEPARTMENT OF TRANSPORTATION’S SAFE ROUTES TO SCHOOLS PROGRAM,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated Ms Van Cleave had briefed on this earlier.  Mr. Hackworth clarified this was a 100 percent matched grant.  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. 

 

            E.         ORDINANCE 2006-169, “AN ORDINANCE AMENDING THE 2006 APPROPRIATION, ORDINANCE 2005-98,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Smith seconded the motion.  Mr. Hackworth stated this ordinance dealt with a couple of transfers and he would be requesting three readings this evening.  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.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 7-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0.   

 

            F.         ORDINANCE 2006-170, “AN ORDINANCE INCREASING THE SALARY OF THE DIRECTOR OF FINANCE/INTERIM PERSONNEL DIRECTOR (ORDINANCE 95-111),” First Reading, Fix.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Mr. Fix stated approximately one year ago, Mrs. Fersch took on the additional responsibilities of Human Resource Director.  He stated she has filled that position admirably with a minimal increase in pay.  He stated given the incremental responsibility, Finance Committee was recommending an increase in base pay.  Roll call was taken with Mrs. Hammond, Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Smith voting “Yea.”  Motion passed, 7-0.  Mr. Fix moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Smith, Mrs. Riggs, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Suspension of Rules passed, 7-0.  Second Reading.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0.  Third Reading.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  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. 

 

            G.        ORDINANCE 2006-171, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.427 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM PRESTON TRAILS HOMEOWNER’S ASSOCIATION,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            H.        ORDINANCE 2006-172, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.141 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-0-084); AND 0.066 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM CLETIS MILLS AND DORIS L. MILLS,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            I.          ORDINANCE 2006-173, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.063 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST; AND 0.041 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM SANDRA D. McARTHUR,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            J.          ORDINANCE 2006-174, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.172 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-0.103); AND 0.059 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM NORMAN C. DENNEY AND EDITH M. DENNEY,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            K.        ORDINANCE 2006-175, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.070 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM CHRIS E. CHAPMAN AND TARA L. CHAPMAN,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            L.         ORDINANCE 2006-176, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.039 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM KEVIN K. BOWMAN AND MARY JO A. BOWMAN,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            M.        ORDINANCE 2006-177, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.159 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM JAMES C. BATES AND THURSIE M. BATES,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            N.        ORDINANCE 2006-178, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.154 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-0.103); AND 0.048 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM JEFFREY R. BERENS AND LORI L. BERENS,” First Reading, Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            O.        ORDINANCE 2006-179, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.220 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-0-138), AND 0.060 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM SOUTH CENTRAL POWER COMPANY,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            P.         ORDINANCE 2006-180, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.199 ACRE, MORE OR LESS (PRO-0.119), TEMPORARY CONSTRUCTION EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM SCOTT R. HOOKS AND LESLIE A. HOOKS,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            Q.        ORDINANCE 2006-181, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.141 ACRE, MORE OR LSS, GROSS FEE SIMPLE INTEREST (PRO-0-085) AND A 0.068 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM JAMES R. LEE AND PATRICIA A. LEE,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            R.         ORDINANCE 2006-182, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.704 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-0-422) AND A 0.221 ACRE, MORE OR LESS, TEMPORARY EASEMENT LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM LILLIAN MAE FAST AND RICHARD E. FAST, TRUSTEES,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            S.         ORDINANCE 2006-183, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.021 ACRE, MORE OR LESS, STORM SEWER EASEMENT, AND A COMBINED 0.041 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM MIRANDA R. LONG AND DAVID H. KIRK,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            T.         ORDINANCE 2006-184, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.172 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-0.103) AND A 0.046 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM JOSHUA K. DAVIS,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            U.        ORDINANCE 2006-185, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.579 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-0.239); AND 0.306 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM PICKERINGTON CHRISTIAN CHURCH,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated this dealt with an easement needed for the Diley Road widening project and a settlement has been agreed upon with the property owner.  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.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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.  Mrs. Hammond moved to adopt; Mr. Hackworth 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. 

 

            V.        ORDINANCE 2006-186, “AN ORDINANCE TO APPROPRIATE 0.004 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST AND A COMBINED 0.112 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM M/I HOMES OF CENTRAL OHIO, LLC.,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is property along Diley Road, and as of this date we have not reached a settlement agreement with the property owner, and this will authorize us to begin the eminent domain proceedings.  Mr. Sabatino clarified the property owner has been contacted by the negotiator and an initial offer has been made, although we have not been able to come to an agreement.  Mr. Hartmann stated negotiations will continue, but as we are running up against the end of year time limit, this will allow for the flexibility to go forward if necessary.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewksi, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1. 

 

            W.       ORDINANCE 2006-187, “AN ORDINANCE TO APPROPRIATE A COMBINED 0.010 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST AND A COMBINED 0.085 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM WESTPORT PROPERTY GROUP, LLC.,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is property along Diley Road, and as of this date we have not reached a settlement agreement with the property owner, and this will authorize us to begin the eminent domain proceedings.  Mr. Sabatino clarified the property owner has been contacted by the negotiator and an initial offer has been made, although we have not been able to come to an agreement.  Mr. Hartmann stated negotiations will continue, but as we are running up against the end of year time limit, this will allow for the flexibility to go forward if necessary.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewksi, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1. 

 

            X.        ORDINANCE 2006-188, “AN ORDINANCE TO APPROPRIATE 0.319 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-0.171) AND A 0.251 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM ANGELA M. McDOWELL,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is property along Diley Road, and as of this date we have not reached a settlement agreement with the property owner, and this will authorize us to begin the eminent domain proceedings.  Mr. Sabatino clarified the property owner has been contacted by the negotiator and an initial offer has been made, although we have not been able to come to an agreement.  Mr. Hartmann stated negotiations will continue, but as we are running up against the end of year time limit, this will allow for the flexibility to go forward if necessary.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewksi, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1. 

 

            Y.        ORDINANCE 2006-189, “AN ORDINANCE TO APPROPRIATE A COMBINED 0.913 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM HOMEWOOD CORPORATION,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is property along Diley Road, and as of this date we have not reached a settlement agreement with the property owner, and this will authorize us to begin the eminent domain proceedings.  Mr. Sabatino clarified the property owner has been contacted by the negotiator and an initial offer has been made, although we have not been able to come to an agreement.  Mr. Hartmann stated negotiations will continue, but as we are running up against the end of year time limit, this will allow for the flexibility to go forward if necessary.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewksi, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1. 

 

            Z.         ORDINANCE 2006-190, “AN ORDINANCE TO APPROPRIATE A 0.128 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST AND A COMBINED 0.196 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM FOX GLEN ASSOCIATION, INC.,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is property along Diley Road, and as of this date we have not reached a settlement agreement with the property owner, and this will authorize us to begin the eminent domain proceedings.  Mr. Sabatino clarified the property owner has been contacted by the negotiator and an initial offer has been made, although we have not been able to come to an agreement.  Mr. Hartmann stated negotiations will continue, but as we are running up against the end of year time limit, this will allow for the flexibility to go forward if necessary.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewksi, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1. 

 

            A.1.     ORDINANCE 2006-191, “AN ORDINANCE TO APPROPRIATE 0.704 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-0.422) AND A 0.141 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM LARRY C. FAST,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is property along Diley Road, and as of this date we have not reached a settlement agreement with the property owner, and this will authorize us to begin the eminent domain proceedings.  Mr. Sabatino clarified the property owner has been contacted by the negotiator and an initial offer has been made, although we have not been able to come to an agreement.  Mr. Hartmann stated negotiations will continue, but as we are running up against the end of year time limit, this will allow for the flexibility to go forward if necessary.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewksi, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1. 

 

            B.1.      ORDINANCE 2006-192, “AN ORDINANCE TO APPROPRIATE 3.385 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-1.543), 0.011 ACRE, MORE OR LESS, STORM SEWER EASEMENT; AND A COMBINED 0.941 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM MARIAN L. EICHORN,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is property along Diley Road, and as of this date we have not reached a settlement agreement with the property owner, and this will authorize us to begin the eminent domain proceedings.  Mr. Sabatino clarified the property owner has been contacted by the negotiator and an initial offer has been made, although we have not been able to come to an agreement.  Mr. Hartmann stated negotiations will continue, but as we are running up against the end of year time limit, this will allow for the flexibility to go forward if necessary.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewksi, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1. 

 

            C.1.     ORDINANCE 2006-193, “AN ORDINANCE TO APPROPRIATE 0.172 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-0.103) AND A 0.061 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM JACK E. AUGENSTEIN AND KAREN C. AUGENSTEIN,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is property along Diley Road, and as of this date we have not reached a settlement agreement with the property owner, and this will authorize us to begin the eminent domain proceedings.  Mr. Sabatino clarified the property owner has been contacted by the negotiator and an initial offer has been made, although we have not been able to come to an agreement.  Mr. Hartmann stated negotiations will continue, but as we are running up against the end of year time limit, this will allow for the flexibility to go forward if necessary.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewksi, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1. 

 

            D.1.     ORDINANCE 2006-194, “AN ORDINANCE TO APPROPRIATE 0.083 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST AND A COMBINED 0.452 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED EAST AND WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM DILEY ROAD ASSOCIATES, LLC.,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is property along Diley Road, and as of this date we have not reached a settlement agreement with the property owner, and this will authorize us to begin the eminent domain proceedings.  Mr. Sabatino clarified the property owner has been contacted by the negotiator and an initial offer has been made, although we have not been able to come to an agreement.  Mr. Hartmann stated negotiations will continue, but as we are running up against the end of year time limit, this will allow for the flexibility to go forward if necessary.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewksi, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1. 

 

            E.1.      ORDINANCE 2006-196, “AN ORDINANCE TO APPROPRIATE 0.028 ACRE, MORE OR LESS, TEMPORARY EASEMENT LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM DOMINION HOMES, INC.,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is property along Diley Road, and as of this date we have not reached a settlement agreement with the property owner, and this will authorize us to begin the eminent domain proceedings.  Mr. Sabatino clarified the property owner has been contacted by the negotiator and an initial offer has been made, although we have not been able to come to an agreement.  Mr. Hartmann stated negotiations will continue, but as we are running up against the end of year time limit, this will allow for the flexibility to go forward if necessary.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewksi, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1. 

 

            F.1.      ORDINANCE 2006-197, “AN ORDINANCE TO REPEAL CHAPTER 1258.22, DRAINAGE IMPOVEMENTS, TO ESTABLISH CHAPTER 1258.22, STORMWATER MANAGEMENT AND STREAM PROTECTION OF THE CODIFIED ORDINANCES IN THE CITY OF PICKERINGTON, OHIO,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Fix seconded the motion.  Mrs. Riggs stated Ms VanCleave briefed on this issue earlier in the meeting.  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. 

 

            G.1.     RESOLUTION 2006-76R, “A RESOLUTION OF ITEMS APPROPRIATED IN THE 2007 BUDGET AND AUTHORIZING TOTAL AMOUNT OF TRANSFERS TO NOT EXCEED AMOUNTS APPROVED, INLCUDING ANY FUTURE AMENDMENTS DURING THE 2007 BUDGET YEAR,” First Reading, Fix.  Mr. Fix moved to adopt; Mr. Hackworth seconded the motion.  Mr. Fix stated when the budget is adopted funds are appropriated into various categories.  He stated by law, the Finance Director must notify Council if the transfers exceed the amounts included in this ordinance.  Mr. Smith stated he understood the intent of this resolution was for Council to acknowledge that they understood there are transfers out of the General Fund into the various funds.  Mr. Sabatino clarified this is a housekeeping item to acknowledge that Council is aware of the amounts that are going to be transferred to the various funds.  He stated this was a request by the State Auditor, and the Ohio Revised Code requires it.  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.1.     RESOLUTION 2006-77R, “A RESOLUTION OF INTENT TO APPROPRIATE 0.028 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, LOCATED WEST OF DILEY ROAD, FROM DOMINION HOMES, INC., IN THE 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 the initial resolution of intent for eminent domain if an agreement cannot be reached with the property owner.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1. 

 

            I.1.       ORDINANCE 2006-163, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A MASTER ECONOMIC DEVELOPMENT AGREEMENT WITH VIOLET TOWNSHIP REGARDING ANNEXATION AND COMMERCIAL DEVELOPMENT,” Second Reading, Fix.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Mr. Fix stated he would like to address some of the misinformation that is going about.  He stated there has been lengthy discussion about the “cost to the City” of participating in this agreement.  He stated the fact is that any cost incurred by the City would be done at the City’s choice; when we work with the Township on any particular development, the City has the opportunity to say no, it is too expensive or we would rather not participate in that particular development.  He continued the cost for both parties come off the top before the taxes are shared, so any investment the City or Township would make would be paid for up front by tax revenues generated prior to the revenues being split.  He stated raising taxes is not a part of this plan, is not something that he would support, and is not something that would be necessary based on this plan.  He continued the idea behind this entire thing is to level the tax base between commercial and residential, as our proportion of residential taxes is way to high in this entire community and in the City.  He stated the idea behind this is to work with the Township cooperatively to bring economic development here so that our tax base can be leveled off, not to increase taxes on City constituents.  Mr. Fix stated as far as building roads is concerned, the Township has the same ability to borrow and build roads as the City, and that information was provided by the Assistant County Auditor who deals with all the governmental entities in all of Fairfield County with regard to the taxes they generate, the revenue they use, and the loans they take for their own infrastructure.  Mr. Fix stated the Assistant County Auditor is an expert in the field, he knows what he is talking about, and that is why he knew the Township has the same ability to borrow as the City.  Mr. Fix stated as he was out campaigning for Council last year, when asked, the majority of people told him the most important things to them would be to get the school levy passed, find a way to even out the tax base, and find a way to work cooperatively with the Township for the betterment of our community.  Mr. Fix stated this agreement addresses that issue and that is why he is asking all of Council to vote in favor of it this evening.  Mr. Hackworth stated a court ruling last week opened the door for Canal Winchester to annex the Snider property and that would take a huge portion of the JEDD area that looked like it might be possible to develop.  Mr. Hartmann stated it would be premature to speculate whether that property will actually be annexed, and he would provide more detail during the executive session later in the meeting.  Mr. Hartmann stated basically the court decision sends the case back down to the Court of Common Pleas to hold another hearing under the appropriate standard because they did not conduct it under the appropriate standard the first time.  Mr. Hackworth stated it looked like with this agreement we will reimburse the Township for the road and bridge levy, and share whatever tax revenues in excess of our expenses.  Mr. Fix stated he felt we need to go back and make an amendment at the third reading to address that particular topic.  He stated he felt it should read that only in the event that the City provided tax abatements to a developer would the City then compensate the Township with the road and bridge levy.  He stated he would work with Mr. Hartmann to have an amendment ready for the next meeting.  Mr. Hackworth stated he has a problem with sharing half the revenues with the Township, especially along Diley Road, because the City has invested their tax dollars in the widening of that road and this agreement will require us to share half of our return off of that infrastructure investment, and as far as he can tell, the Township has not participated in either the capital investment up front or after the fact will they provide any service such as maintaining the roads.  Mr. Fix stated the point is, the revenues are split after investments are recovered.  Mr. Fix stated he understood it may be difficult to understand how this all comes together, but the point of the matter is that there is so much out there beyond our borders, in the Township, that we will be participating in joint economic development districts that it is a favorable position for the City to participate in this agreement.  Mr. Sabatino stated he also campaigned last year, and the theme he got most was that we were paying too much in taxes and we had traffic issues.  He stated he did not recall one person mentioning to him that we should work out an agreement with the Township.  He further stated he listened very intently to the speakers during community comments and he thought the common theme was that they did not have a problem in working cooperatively with the Township, however, he did not hear any of the speakers give this particular proposal an endorsement.  Mr. Sabatino stated he concurs with the concept of working with the Township, however, there needs to be equity involved.  Mr. Sabatino stated referencing a significant need for greater commercial development, Mr. Fix stated at the last Service Committee meeting that he and Mayor Shaver determined what was in the best interests of the City in defining the terms of this agreement.  He stated there was no mention of any discussion with the City Manager about this.  Mr. Sabatino continued that the City Manager and staff offered substantive changes that were not included in this agreement.  He continued that earlier this year Mayor Shaver appointed Mr. Fix to negotiate a potential agreement with Violet Township, and Mayor Shaver and Mr. Fix determined what was in the best interest of the citizens on their own.  He further stated Mr. Fix had individual meetings with certain members of City Council, he conversed with three other members of Council and had four votes according to him.  Mr. Sabatino stated Mr. Fix requested to meet with him, along with Mr. Hackworth and Mr. Hansley, our Director of Economic Development.  He stated Mr. Fix provided him with a copy of the proposed agreement for the first time and wanted to discuss it.  He stated concerns he and Mr. Hackworth expressed were dismissed as deal breakers and not open for discussion.  He stated Mr. Fix stated he had four votes and was moving ahead.  Mr. Sabatino stated his question was who determined what is best for the citizens of Pickerington?  He stated further Mr. Fix referenced a need for six additional police officers, and the City has known about this need for quite awhile but made the cognitive choice to spend tax dollars in other areas and not fully fund these needs.  Mr. Sabatino stated he agreed that we need more officers, and he has been very vocal about this concern.  He stated further there was a choice to change law directors, and we chose one of the most prestigious law firms in Central Ohio, however, along with that choice goes the dollars to fund other needs, and that is a choice that has been made by this administration.  Mr. Hackworth stated at Service Committee the administrative levy that we send to the Township was discussed.  He stated under the 2006 property assessed value, that will be about $209,000.  Mr. Hackworth stated he would like to know how we can continue to send that and how it can be addressed in this agreement.  He stated that amount would come close to hiring half of the additional police officers we need.  Mr. Hackworth stated he felt there were some things we can do that would at least account for our taxpayer’s money and not get into the same old rut of “we’ve always done it.”  He stated there were several issues that need to be addressed such as the difference in the way we tax people, and obviously the City has the option of imposing income taxes and the Township doesn’t.  Mr. Hackworth stated he does not have a problem working with the Township, but he would like to see an agreement that is more equitable and fair to the Pickerington taxpayers as he felt this agreement was quite a way from that right now.  Mayor Shaver stated sending monies to the Township is not a voluntary act.  He stated the County Budget Commission determines the amount and as long as we are member of the Township that is something we are mandated to do.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, and Mr. Sabatino voting “Nay,” and Mr. Fix, Mrs. Riggs, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 4-3. 

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2006-112, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR STONECREEK STATION COMMERCIAL SUBDIVISION,” Third Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Mrs. Hammond stated this is for the Equity TIF near Kohl’s.  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 2006-124, “AN ORDINANCE TO APPROPRIATE 0.143 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST (PRO-0.086) AND A 0.047 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED EAST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM CHESTER J. PAVLIC, JR., AND JOANNE PAVLIC,” Third Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this was another property for the Diley Road widening.  Mr. Smith clarified this was for eminent domain action.  Mr. Sabatino stated this property is owned by his mother and her husband, and for that reason he will be abstaining.  Roll call was taken with Mr. Sabatino abstaining, Mr. Smith voting “Nay,” and Mr. Hackworth, Mr. Wisniewski, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.”  Motion passed, 5-1. 

 

            C.        ORDINANCE 2006-151, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $330,000 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 COST OF CONSTRUCTING AND ACQUIRING IMPROVEMENTS AND RENOVATIONS TO THE CITY HALL AND BUILDING DEPARTMENT BUILDING,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  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. 

 

            D         ORDINANCE 2006-152, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $290,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING, CONSTRUCTING, EQUIPPING, AND FURNISHING A POLICE BUILDING,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  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 2006-153, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $260,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND INSTALLING TRAFFIC CONTROL DEVICES AND RELATED STREET IMPROVEMENTS,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  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. 

 

            F.         ORDINANCE 2006-154, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $3,087,500 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE WATER SUPPLY AND WATERWORKS SYSTEM OF THE CITY, INCLUDING IMPROVEMENTS AT THE WATER TREATMENT PLANT,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  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. 

 

            G.        ORDINANCE 2006-155, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $2,120,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF CONSTRUCTING STREET IMPROVEMENTS IN THE CITY, INCLUDING IMPROVEMENTS TO DILEY ROAD, STREET IMPROVEMENTS KNOWN AS THE COURTRIGHT ROAD REALIGNMENT, AND STREETS, SIDEWALKS, CURBS AND GUTTERS, AND OTHER STREET IMPROVEMENTS IN THE DOWNTOWN AREA OF THE CITY,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  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. 

 

            H.        ORDINANCE 2006-156, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $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 PAYING PART OF THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE SANITARY SEWER COLLECTION AND TREATMENT SYSTEM OF THE CITY, INCLUDING PHASES 2-C, 3, AND 4 OF THE D-LINE SEWER,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  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. 

 

            I.          ORDINANCE 2006-157, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $225,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING REAL PROPERTY FOR USE AS PARK LAND,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  Mr. Sabatino stated because he did not vote for the ordinance that this funds, he would not vote for this ordinance.  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. 

 

            J.          ORDINANCE 2006-158, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $420,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING REAL PROPERTY FOR PURPOSES OF THE CITY,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  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. 

 

            K.        ORDINANCE 2006-159, “AN ORDINANCE CONSOLIDATING UP TO EIGHT BOND ANTICIPATION NOTE ISSUES OF THE CITY OF PICKERINGTON, OHIO, INTO A CONSOLIDATED NOTE ISSUE, AND ESTABLISHING THE TERMS OF SUCH CONSOLIDATED NOTE ISSUE,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  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. 

 

            L.         ORDINANCE 2006-164, “AN ORDINANCE ADOPTING THE BUDGET FOR THE 2007 FISCAL YEAR BEGINNING JANUARY 1, 2007,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

            M.        ORDINANCE 2006-165, “AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN (CIP) FOR 2007-2011,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  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. 

 

            N.        RESOLUTION 2006-75R, “A RESOLUTION ADOPTING THE PARKS AND RECREATION FACILITIES MASTER PLAN FOR THE CITY OF PICKERINGTON,” Third Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated there are several projects in the master plan that are included in the CIP for next year.  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:  No other business was brought forward. 

 

11.       MOTIONS: 

 

            A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(2), CONFERENCE WITH LAW DIRECTOR REGARDING PURCHASE OR SALE OF PUBLIC PROPERTY.  Mr. Fix moved for an Executive Session under Section 121.22(G)(2); Mrs. Hammond seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0. 

 

Council went into Executive Session at 9:12 P.M., and reconvened in open session at 10:16 P.M. 

 

12.       ADJOURNMENT.  There being nothing further, Mr. Fix moved to adjourn; Mr. Smith seconded the motion.  Mrs. Riggs, Mr. Fix, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, and Mrs. Hammond voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 10:17 P.M., December 19, 2006. 

 

RESPECTFULLY SUBMITTED: 

 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

David Shaver, Mayor