PICKERINGTON CITY COUNCIL

TUESDAY, JANUARY 2, 2007

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, January 2, 2007, 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, Tim Hansley, Dennis Boruszewski, Tony Barletta, Bob Slingluff, Dave Dozier, David Owen, Whitney Coy, Bruce Englehardt, Kirk Richards, Pastor David Stewart, Yolanda Hammond, Norman Weaver, Tracy Conforti, Sean Casey, Gary Weltlich, Terry Walburn, and others.  Pastor Stewart of C3 Church delivered the invocation. 

 

2.         ORGANIZATIONAL MEETING:  Mr. Fix moved for Executive Session under Section 121.22(G)(1)(a), Matters involving an employee’s or public official’s appointment; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, Mr. Fix, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.  

 

Council went into Executive Session at 7:34 P.M., and reconvened in open session at 8:05 P.M.

 

A.        MOTION TO APPOINT PRESIDENT AND VICE PRESIDENT PRO TEMPORE OF COUNCIL.  Mr. Fix moved to appoint Keith Smith as Council President Pro Tempore and Cristie Hammond as Vice President Pro Tempore; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0. 

 

B.         MOTION TO APPOINT COMMITTEE MEMBERS.  Mr. Smith moved to appoint Council Committees as follows: 

 

                        Safety Committee:  Mike Sabatino, Chairman; Heidi Riggs, Vice Chairman; Brian Wisniewski, Secretary; and Cristie Hammond, member, and with Mike Sabatino as Nuisance Abatement Representative and with the Committee meeting on the first Monday of each month at 7:30 P.M.  

 

            Service Committee:  Cristie Hammond, Chairman; Ted Hackworth, Vice Chairman; and Jeff Fix, Secretary, and with Ted Hackworth serving as the Planning and Zoning Representative and Utility Fees Review Committee Representative, and with the Committee meeting on the third Monday of each month at 7:30 P.M.

 

            Rules Committee:  Jeff Fix, Chairman; Heidi Riggs, Vice Chairman; and Ted Hackworth, Secretary, with the Committee meeting on the first Wednesday of each month at 7:30 P.M.

 

            Finance Committee:  Keith Smith, Chairman; Cristie Hammond, Vice Chairman; Mike Sabatino, Secretary; and Jeff Fix, member, with the Committee meeting on the third Thursday of each month at 7:30 P.M.  

 

Mr. Fix seconded the motion.  Roll call was taken on the Committees as stated with Mr. Wisniewski, Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Riggs, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

3.         A.        APPROVAL OF MINUTES OF DECEMBER 19, 2006, PUBLIC HEARING REGARDING PROPOSED REZONING OF 11.023 ACRES, MORE OR LESS, ON THE NORTHWEST CORNER OF S.R. 256 AND DILEY ROAD.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski abstaining, and Mr. Sabatino, Mr. Hackworth, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

B.         APPROVAL OF MINUTES OF DECEMBER 19, 2006, PUBLIC HEARING REGARDING PROPOSED AMENDMENT TO SECTION 1270.11(48) OF THE PICKERINGTON CODIFIED ORDINANCES DEFINING DAY CARE CENTERS.  Mr. Smith moved to approve; Mr. Fix 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. 

 

C.        APPPROVAL OF MINUTES OF DECEMBER 19, 2006, REGULAR MEETING.  Mrs. Riggs moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Fix, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, and Mrs. Hammond voting "Yea."  Motion passed, 7-0. 

 

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

 

5.         COMMUNITY COMMENTS:  

 

A.        Mr. Tony Barletta, 671 Montmorency Drive.  Mr. Barletta stated he would like to address Council regarding the Economic Development Agreement.  Mr. Barletta stated he supported the concept of Council and Violet Township working together to bring more commercial development to our area, however, he does have a problem with certain provisions of the agreement to be voted on this evening.  Mr. Barletta read a statement into the record (Attachment 1 to these minutes.) 

 

B.         Mr. Dennis Boruszewski, 542 Warwick Lane.  Mr. Boruszewski stated he, too, was present to address Council regarding the Economic Development Agreement.  Mr. Boruszewski stated while helping with the campaigns of some council members, he invested a more time and energy then he had ever expended for any political campaign.  He stated he did because he truly believed in the people he was backing and they would be true to their word and would act in the best interest of the City.  He stated words cannot begin to describe his disappointment.  Mr. Boruszewski stated at the October 12th Service Committee meeting, Mrs. Riggs had stated the way the agreement looked, it was not the answer, and she would like to all the input she could get so every card was on the table.  Mr. Boruszewski stated it appears that all the information from the City’s professional staff has been ignored, and the agreement as it is currently written gives up too many of the city’s rights and assets.  Mr. Boruszewski stated at the July 12, 2005, Planning and Zoning Commission meeting, Mr. Fix took Mr. O’Brien to task and reminded the Board that they have sworn an oath to uphold the laws of the City of Pickerington.  Mr. Boruszewski stated this evening he would like to remind Mr. Fix that he has sworn an oath to represent the citizens of Pickerington.  He stated he cannot believe the Economic Development Agreement he is championing, as written, is in the best interests of the City of Pickerington residents.  Mr. Boruszewski stated further that recently copies of e-mails have surfaced that call into question just who Mr. Fix was representing.  He further stated that he did not believe it was in the best interests of the city to give one council member the responsibility of negotiating such an important agreement, especially now that it has come to light that the discussions were purposely exclusive of all council members.  He stated the city has seasoned professionals on the payroll that should have been involved with this process and he believed this was a bad decision on the Mayor’s part.  Mr. Boruszewski stated he asked the council members to read the document they were voting on tonight, and then tell the residents it was in their best interest.  Mr. Boruszewski stated there were concerned citizens watching the actions of this council, and while he did not believe cooperation was a bad thing at all, he did believe that cooperation is bad when one side is doing all the giving. 

 

C.        Ms Tracey Conforti, 108 Blaine Court.  Ms Conforti stated she would like to begin by thanking each council member for their dedication and service to the City of Pickerington.  She stated after reading an article about the Economic Development Agreement she had felt the need to find out as much information as she could on this issue in order to make an informed decision on where she stood on this issue.  She stated she would like to remind Council that each of them were voted into office by the citizens of this City and they serve equally on this Council, one vote for one chair.  Ms Conforti stated she would request each council member to commit to behaving respectfully and responsibility in conjunction with all aspects of their job on City Council.  Ms Conforti stated she was requesting this agreement fail this evening as this issue is so big, with so many potential ramifications for every citizen in the City, that it deserves to be approved with a unanimous vote by all seven members of Council.  She stated she would not accept that this concept is impossible.  Ms Conforti stated this will take true leadership, and the concept of leadership seems to be lost in this.  She stated a true leader would not settle for having enough votes to push an issue through, would look at the issues presented by the other side and work diligently to ensure that the verbiage and the proposal meets the approval of all seven members of Council.  She stated a true leader would work to come up with a proposal that everyone can agree on, and this would require the art of compromise, would require all of you to actually listen to each other and the City Manager.  Ms Conforti stated she has every faith that all seven council members have the skill to come up with a proposal that would meet with the approval of all seven members.  She stated this issue is too large and there is too much at stake to settle for a four to three vote.  Ms Conforti stated that should not be good enough for any of you, and it should be seen as an outright failure to listen to all of your constituents.  She stated further that if this does pass, there is opposition that has already promised to have the issue placed on the ballot and the city would become further divided.  Ms Conforti stated Council is better than this and they can achieve far more success by working together for the greater good of this community than they can by settling for a four to three split vote on this issue.  She requested they be the true leaders of this community they were hired to be, go back to the table and construct a document that every council member and every citizen can stand behind.  She stated the citizens of Pickerington deserve no less from them.  Ms Conforti stated she would request each council member recommit to working together in a kind and respectful manner as the words they chose to say to each other will ultimately become their legacy.  She stated this evening she would request a no vote on this agreement and a commitment from each council member to work as a cohesive group to meet the goals of the job they were elected to do. 

 

D.        Mr. Bruce Englehardt, 176 Knights Bridge Drive.  Mr. Englehardt stated he was also present to address the Economic Development Agreement issue.  Mr. Englehardt read a statement into the record (Attachment 2 to these minutes.) 

 

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

 

7.         COMMITTEE REPORTS:    No Committee Reports. 

 

8.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed and he would be happy to answer any questions. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated Item 9.G. on tonight’s agenda is a Resolution of Intent to Appropriate relating to Diley Road.  He stated if Council concurs he would request two readings tonight so we can continue our time line. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she is busy working to establish our final balances for the year.  Mr. Sabatino stated he had read a quote from Mrs. Fersch that our income tax collection grew by eight percent over the previous year.  Mrs. Fersch stated that is correct, the final amount was 7.9 percent. 

 

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 she had no report this evening.   

 

9.         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,” Second Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Fix seconded the motion.  Mrs. Riggs stated this would bring our ordinances in line with state law and the Attorney General opinion with regard to the definition of day care centers.  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. 

 

            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,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is a development across from Drug Mart.  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. 

 

            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,” Second Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix 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. 

 

            E.         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,” Second Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Smith seconded the motion.  Mrs. Riggs stated this allows us to update and establish new provisions regarding storm water management and stream protection.  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. 

 

            F.         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,” Second Reading, Fix.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Mr. Fix stated this simply puts forth the amounts in the budget that can be transferred between accounts and limits it so that Council must approve anything above that.  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. 

 

            G.        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,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this is another property for the Diley Road widening.  He stated as requested by the Law Director he will request the final reading tonight as well.  Mr. Smith clarified this was an ordinance declaring our intent to file eminent domain action, however, there was still a chance we could reach a settlement with the property owner.  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.  Mr. Hackworth moved to suspend the rules for the purpose of a third reading; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Smith abstaining, and Mr. Hackworth, Mr. Wisniewski, Mrs. Hammond, Mr. Fix, Mr. Sabatino, and Mrs. Riggs voting “Yea.”  Suspension of Rules passed, 6-0.  Third Reading.  Mr. Hackworth moved to adopt; Mrs. Hammond 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. 

 

10.       LEGISLATIVE READINGS:

 

            A.        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,” Third Reading, Fix.  Mr. Fix moved to adopt; Mrs. Riggs seconded the motion.  Mr. Fix stated he appreciated the comments of everyone tonight.  He further stated the e-mails alluded to earlier were sent in early August and had to do with a Memorandum of Understanding he was working on with the CEDA group this summer, and that the commitment he made to them was that he would be able to show the majority of council was interested in cooperative economic development.  Mr. Fix stated he would welcome the opportunity to present the facts of this agreement to the public so they can make their own judgment.  He stated it has been noted that Pickerington lacks in commercial development and he has now proposed a method for growing our commercial tax base.  He stated no alternative has been proposed by opponents of this agreement.  Mr. Fix stated it has also been noted that our 2007 budget does not allow us to catch up on paving streets, buying software that would help our Service Department, does not allow for the significant expansion of our parks program, does not allow us to significantly pay down debt, and leaves us six police officers short.  He questioned what alternative to increase revenues had been presented by opponents of this agreement?  None.  He further stated it has been noted that the city loses $591 on single unit housing and we have 1800 homes on the books yet to build.  The alternative that opponents offer for this agreement is the desire to desperately hold on to our right to annex even more residential property and forego an agreement that would bring more commercial development.  He stated further, opponents say the city staff has been ignored in this process, and that is not correct.  Mr. Fix stated he had invited all of Council to speak with our Development Director, Mr. Hansley, about this agreement.  He stated he has spoken to Mr. Hansley and found that he is not opposed to this agreement and thinks it will open up doors for the City that would otherwise remain closed.  Mr. Fix further stated that neither Mr. Wisniewski or Mr. Hackworth have spoken to Mr. Hansley about this agreement, so the fact of the matter is, that if anyone is ignoring the staff on this issue, it is the opponents of this agreement.  Mr. Fix continued that it has been noted that the most viable land for commercial development lies outside the City, particularly to the south, and what alternative to reach these lands, with or without the cooperation of the township, have opponents to the agreement proposed?  None.  He continued it has been noted that in August of 2004, Mr. Wisniewski and Mr. Hackworth voted in favor of giving up the City’s right to annex all properties in exchange for inclusion in one JEDD.  He questioned if that was such a good idea then, why is giving up the right to annex only residential property in exchange for inclusion in all commercial developments, such a bad idea now?  It has also been noted that the City will have the opportunity to say no to any particular development and that all costs associated with a development will be taken off the top, before any split of taxes occurs, and yet opponents insist on saying this agreement will see the City financially supporting the Township.  He stated there is no basis in fact in this, there is no feasible way the City will take a financial hit on this agreement unless it chooses to do so.  Mr. Fix stated opposing council members have stated many times over the past months they are in favor of working with the Township, just not under the auspices of this agreement, yet they have not spoken with the Trustees to offer an alternative to this agreement.   Mr. Fix stated the city needs commercial development and our opportunities are limited within the city.  He stated the best opportunities for commercial development are in the township and we don’t need to build any more houses.  Mr. Fix stated he has been accused of working more for the Township than for his own City, and over the course of the past year he has sacrificed time with his family and his work, and he does this because he took an oath to work for the best interests of this city and the citizens that live in it.  Mr. Fix stated he slept well at night knowing that everything he has done over the past year was done with the best interests of the citizens in mind.  Mr. Fix stated he respected each council member’s right and obligation to vote their conscience on this and every matter, and he hoped all egos could be put aside to do what is best for the city – which is to pass this agreement unanimously. 

 

Mr. Sabatino stated he had spoken to Mr. Hansley and was told that if you buy into Mr. Fix’s assumptions and projections, this could possibly work.  Mr. Hansley did not say he could see it working exactly as it is, but it could work if things fell into place.  He stated it was not the unconditional recommendation that Mr. Fix has indicated.  Mr. Sabatino stated Mr. Hansley is present this evening and could correct him if this is not correct.  Mr. Sabatino stated with regard to the e-mail discussing the CEDA, he questioned why all of Council did not know about the two proposed JEDDs, and obviously the property owners have to agree.  He stated there was apparently something in the works that all of Council was not aware of and it would have been nice to have that information while this agreement was being deliberated. 

 

Mr. Fix stated the e-mail Mr. Sabatino is referencing is talking about the Memorandum of Understanding, which came after the Cooperative Economic Development Agreement that we were working on with Canal Winchester and the Township on joining the existing CEDA.  He stated he had informed Council that was not going to work and work began on the Memorandum of Understanding.  He stated once that work began, we decided to go forward and put together this agreement rather than focusing on a memorandum that everyone said was meaningless.  Mr. Fix stated the two proposed JEDDs were the ones discussed by Council; the three-acre JEDD and the one other that was discussed. 

 

Mr. Hackworth stated Mr. Fix was incorrect as he had spoken with Mr. Hansley regarding this agreement.  Mr. Hackworth stated he could have supported the November 1st staff version of the agreement.  Mr. Hackworth stated it is true we gave up our rights to annex and conform our boundaries in 2004, but we were promised a JEDD in exchange, however, after two years we have seen nothing.  He stated he has issues with giving up half of our future income on annexed property as we are making debt service payments on the police station and soon we will be making debt service payments on loans for the Diley Road expansion from impact fees.  He continued if development happens on our borders that we will have the direct responsibility for, as far as roads, then we will lose those impact fees.  He continued stating another issue that it did not seem was thought about was if you voluntarily stop your growth, whether it be residential or commercial, what effect will that have on our bond rating, as growth is considered in that rating.  Mr. Hackworth stated the Township would probably not like the staff version, but he felt that should be our position. 

 

Mrs. Hammond stated it is possible we could have gotten votes on the staff version, however, no amendment was ever proposed for that version.  She stated it would be her assumption then, that no one wanted that version.  Mrs. Hammond stated further comments have made regarding conforming our boundaries, and as she understood it, we could conform our boundaries of the City as it stands now, but any land that was annexed in after this would not be part of that.  Mr. Hartmann stated that is generally correct, it is his understanding that there have not been any annexations that have occurred under the new expedited procedure, so, Pickerington’s current boundaries could be conformed.  Mr. Hartmann stated if you do a general annexation and conform the boundaries then you would have to pay service payments, and this can get very technical. 

 

Mr. Wisniewski stated he continues to believe in the research he has done and he would answer any questions anyone might have.  He stated he has made his position clear and he will stand by it. 

 

Mr. Fix stated he would be happy to speak with anyone regarding this agreement, and he felt they might get a different perspective than they have now.  He further stated that we have so many homes yet to be built that our growth will not stop for many years and he felt anyone doing our bond rating would be excited to see the amount of commercial growth that would come our way as a result of participating in this agreement. 

 

Mrs. Riggs stated she appreciated the comments this evening.  She stated she joined council at a difficult time, and she has always maintained professionalism in her position.  Mrs. Riggs stated she made a commitment to her family and the citizens of this City that she would make decisions based on what she felt was best for the citizens.  She stated when she votes, she cannot vote for the minority, but what she feels is best for the majority.  She stated further she has always maintained her credibility in what she believes, she has never made a back door agreement and never would, and she is up for reelection next year.  She stated if she did not feel this was the right thing to do for the City she would not vote for it.  Mrs. Riggs stated she has no problem giving up the right to annex more residential and she would love the opportunity to see some commercial tax base.  Mrs. Riggs stated we will see another high school, and more schools, and we still have a growth problem.  Mrs. Riggs continued that we have done some great things with the impact fees, but it is not enough.  She further stated she will vote tonight based upon what she believes as a citizen and a councilperson, that it is the right thing to do.  She stated she believed if this agreement goes through with the Township that we will see a lot of positive results. 

 

Mr. Smith stated he appreciated the comments from everyone regarding this agreement, as well as, the hard work and advice of our professional staff. Mr. Smith further stated the original draft of this agreement had four items that he was concerned about.  First, the length of the agreement, and it was his recommendation that there be an opt out provision with the recognition that it may take five, ten years for a significant amount of development to happen in the unincorporated part of the Township.  Secondly, the original draft stated there would be JEDDs on our borders, and it is not appropriate for that area to be a JEDD and that is why there is a provision in this agreement that anything that is contiguous to our borders will be annexations not JEDDs.  He continued the third item was the annexation provision, but when he looked at the information provided, that we have more than enough buildable lots left in the City, more than enough lots to last us for the next ten years, and it seemed that not annexing additional residential property would not affect our growth. 

 

Mr. Sabatino stated when this was discussed at the last Service Committee meeting, Mr. Hackworth asked several times if the staff version could be utilized, so that was asked.  He further stated in addressing the comments about growth, this is not just the city’s issue and the framers of this agreement should find a way to index whatever the city’s restrictions are with the township, because they contribute to the growth just as the city does.  He stated it seems it is always the city’s responsibility and the township gets a pass, and if this were dealt with on a fair basis perhaps he would not be so opposed to the agreement.  Mr. Hackworth stated he concurred with Mr. Sabatino’s statement that he had offered two or three times at the Service Committee meeting to consider the staff version and Mr. Fix and Mrs. Riggs both rejected that idea.  He stated he did not make a formal motion to substitute that version for the version before Council tonight, but the attempt to put forward the staff version was made.  Mrs. Hammond stated she was not absolutely certain what the staff version was, she recalled having a version that had different proposals with regard to the income tax split, etc., and that was not considered to be voted on. 

 

There being no further discussion, roll call was taken with Mr. Hackworth, Mr. Wisniewski, and Mr. Sabatino voting “Nay,” and Mr. Smith, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.”  Motion passed, 4-3. 

 

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

 

12.       MOTIONS:  There were no motions. 

 

13.       ADJOURNMENT.  There being nothing further, Mr. Wisniewski moved to adjourn; Mr. Smith seconded the motion.  Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, Mr. Fix, and Mrs. Riggs voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 9:15 P.M., January 2, 2007. 

 

RESPECTFULLY SUBMITTED: 

 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

David Shaver, Mayor