PICKERINGTON CITY COUNCIL

TUESDAY, JANUARY 2, 2007

CITY HALL, 100 LOCKVILLE ROAD

 

PUBLIC HEARING

7:20 P.M.

 

OPEN DISCUSSION REGARDING PROPOSED AMENDMENT TO PICKERINGTON CODIFIED ORDINANCES REGARDING SIDEWALK, BICYCLE, AND PEDESTRIAN PATH STANDARDS

 

Mayor Shaver opened the public hearing at 7:24 P.M. with the following members present:  Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sabatino, and Mayor Shaver.  Others present were:  Judy Gilleland, Lynda Yartin, Chief Michael Taylor, Joe Henderson, Linda Fersch, Sean Casey, David Owen, Harry Myer, and others. 

 

Mr. Henderson stated the proposed ordinance would amend Chapters 1224.1, 1224.2, and 1258.3 of the Codified Ordinances.  He stated currently there are some conflicts in the Code and this amendment would ensure those were cleared up.  He further stated there was a change in the text regarding sidewalk widths. 

 

There being no questions or further comments, Mayor Shaver closed the public hearing at 7:27 P.M., January 16, 2007.

 

RESPECTFULLY SUBMITTED: 

 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

David Shaver, Mayor

 

PICKERINGTON CITY COUNCIL

TUESDAY, JANUARY 16, 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 16, 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. Smith, Mrs. Hammond, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present.  Mr. Hackworth was absent due to illness.  Others present were: Judy Gilleland, Lynda Yartin, Phil Hartmann, Chief Michael Taylor, Ed Drobina, Brenda VanCleave, Joe Henderson, Carolyn Sharp, Missy Cotterman, Chief Kenn Taylor, John Eisel, David Owen, Sean Casey, Harry Myer, Coach Jay Sharrett and members of the Pickerington Central High School football team, and others.  Mayor Shaver requested Mr. Harry Myer deliver the invocation. 

 

2.         APPROVAL OF MINUTES OF JANUARY 2, 2007, REGULAR MEETING.  Mr. Fix moved to approve; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Fix, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

3.         APPROVAL OF AGENDA.  Mr. Fix moved to approve; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Smith, Mr. fix, Mrs. Hammond, Mrs. Riggs, and Mr. Wisniewski voting "Yea."  Motion passed, 6-0.  

 

4.         COMMUNITY COMMENTS:   There were no community comments. 

 

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

 

6.         COMMITTEE REPORTS:    Mayor Shaver stated there were no Committee Reports. 

 

7.         REPORTS:

 

A.        MAYOR. 

 

            (1)        Presentation by Chief Kenn Taylor to Pickerington Police Department Dispatchers. Chief Kenn Taylor of the Violet Township Fire Department stated he was present this evening representing all the members of the Violet Township Fire Department, the Violet Township Trustees, and the Violet Township community.  Chief Taylor stated the Pickerington Police Department Dispatchers have dispatched for the fire department for well over 25 years, and have done an extremely admirable and professional job.  Chief Taylor stated the fire department has recently moved to a joint consolidated dispatching center that provides only fire and EMS dispatching services.  He stated it was a difficult decision to make this move, but they felt it was a great opportunity for the fire department.  Chief Taylor stated he was present this evening to recognize the years of service from the Pickerington Dispatchers to the Township and the community for all they have done.  Chief Taylor presented a plaque that was accepted by Carolyn Sharp, the City’s Chief Dispatcher, on behalf of all the dispatching employees. 

 

            Mayor Shaver introduced Officer Ibrahim Haroon, our newest police officer, to members of Council.

 

 

 

            Mayor Shaver presented a proclamation to Coach Jay Sharrett and members of the Pickerington Central High School football team in recognition of their accomplishments this year. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated Items 8.B.,C., and D. on tonight’s agenda all relate to Diley Road and he would request three readings tonight on the first two of those items so the project can keep moving.  He stated he would answer any questions. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she had nothing to report this evening.   

 

D.        SERVICE MANAGER.  Mr. Drobina stated he had nothing to report this evening, but he would be happy to answer any questions.  He stated he would defer to Brenda VanCleave, our Staff Engineer.  Ms VanCleave stated she was requesting an amendment by substitution on Ordinance 2006-197 that is on it’s third reading tonight.  She stated Ohio EPA had requested a modification to reference our National Pollutant Discharge Elimination System Permit in the ordinance.  Ms Gilleland stated Council had received the amended version of the ordinance in their packets.  

 

E.         MANAGER.  Ms Gilleland stated her report had been distributed and she would answer any questions.  She stated a work session is scheduled for next Wednesday, at 6:30 P.M., prior to the Service Committee meeting to discuss the Diley Road project.  She further stated she would like to remind residents that the speed limit on S.R. 256 has been reduced to 35 MPH.     

 

Mayor Shaver stated he understood Council was requesting a brief Executive Session at this time.  Mr. Fix moved for an Executive Session under Section 121.22(G)(2), Purchase or Sale of Public Property, and Section 121.22(G)(3) Conference with the Law Director on pending or imminent court actions; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

Council adjourned into Executive Session at 7:50 P.M., and reconvened in open session at 8:05 P.M.

 

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 2007-01, “AN ORDINANCE TO APPROPRIATE 0.069 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM MICHAEL E. BASHORE AND DEBORAH L. BASHORE,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mrs. Riggs seconded the motion.  Mrs. Hammond stated she would request a council manic waiver of committee action on this ordinance as well as the next two ordinances as they relate to the Diley Road project and as Mr. Hartmann had briefed we want to keep the project on schedule.  Mr. Smith moved for a council manic waiver of committee action on Ordinance 2007-01, Ordinance 2007-02 and Ordinance 2007-03; Mr. Wisniewski seconded the motion.  Roll call was taken on the waiver of committee action with Mrs. Riggs, Mrs. Hammond, Mr. Smith, Mr. Wisniewski, Mr. Fix, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  Roll call was taken on the ordinance itself with Mr. Smith voting “Nay,” and Mrs.

 

 

Riggs, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 5-1.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Fix, Mr. Sabatino, and Mrs. Riggs voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mrs. Hammond moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 5-1.  Third Reading.  Mrs. Hammond moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Riggs, and Mrs. Hammond voting “Yea.”  Motion passed, 5-1. 

 

            C.        ORDINANCE 2007-02, “AN ORDINANCE TO APPROPRIATE 2.78 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST, AND A 0.685 ACRE, MORE OR LESS, TEMPORARY EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM WILLIAM M. LANE AND SARAH LANE CRABTREE, TRUSTEES,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mrs. Riggs seconded the motion.  Mrs. Hammond stated this was the second of the Diley Road ordinances previously discussed.  Roll call was taken with Mr. Smith voting “Nay,” and Mrs. Hammond, Mrs. Riggs, Mr. Fix, Mr. Wisniewski, and Mr. Sabatino voting “Yea.”  Motion passed, 5-1.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Smith, Mrs. Riggs, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mrs. Hammond moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 5-1.  Third Reading.  Mrs. Hammond moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Smith voting “Nay,” and Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 5-1. 

 

            D.        ORDINANCE 2007-03, “AN ORDINANCE APPROVING THE APPROPRIATION OF 0.344 ACRE, MORE OR LESS, GROSS FEE SIMPLE INTEREST; 0.052 ACRE, MORE OR LESS, STORM SEWER EASEMENT; AND A COMBINED 0.197 ACRE, MORE OR LESS, PERMANENT CONSTRUCTION EASEMENT, LOCATED WEST OF DILEY ROAD, CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO, FROM RICHARD D. McDOWELL AND JUDITH E. McDOWELL,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mrs. Riggs seconded the motion.  Mrs. Hammond stated this is the third of the Diley Road ordinances and we have reached an agreement with the property owner.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            E.         ORDINANCE 2007-04, “AN ORDINANCE AMENDING CHAPTERS 1024.01, 1024.02, AND 1258.13 PERTAINING TO SIDEWALK AND BICYCLE AND PEDESTRIAN PATH STANDARDS,” First Reading, Hammond.  Mrs. Hammond moved to adopt; Mrs. Riggs seconded the motion.  Mrs. Hammond stated a public hearing was held earlier this evening, and essentially we have gone through the various parts of the Code and made sure the language is the same in all of them.  She stated we have also established some set guidelines for the size of sidewalks and pathways.  Mr. Wisniewski clarified this is the result of staff recommendations.  Mrs. Hammond stated the Planning and Zoning Commission was very involved in this, and as far as the four-foot sidewalk width, they were quite concerned we keep to that as much as possible.  Mr. Sabatino stated he understood the Planning and Zoning Commission reviewed this ordinance but did not recommend it, and Mr. Henderson stated Planning and Zoning

 

 

approved it with the recommendation the sidewalk width was four feet instead of six feet.  Mr. Sabatino inquired if the text of this ordinance was in accordance with their recommendation or contrary to it, and Mr. Henderson stated it took their recommendation into consideration.  Ms Gilleland stated the intention was to bring forward Planning and Zoning’s recommended document.  Mr. Hartmann stated staff put a lot of thought into this document and Planning and Zoning also did a lot of research on their own.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

            F.         ORDINANCE 2007-05, “AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN LAND OWNED BY THE CITY OF PICKERINGTON, MORE COMMONLY KNOWN AS PARCEL NO. 041-02584-00 (350 DILEY ROAD, PICKERINGTON, OHIO) TO DUANE F. RIGGS; AUTHORIZING CITY MANAGER TO EXECUTE A REAL ESTATE PURCHASE AGREEMENT AND ALL RELATED DOCUMENTS; WAIVING THE FORMAL ADVERTISING AND BIDDING PROCEDURES SET FORTH IN OHIO REVISED CODE CHAPTER 721,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated this was discussed in Executive Session and this allows the City Manager to execute the sale of this property.  He stated he would be requesting three readings this evening.  Mayor Shaver stated he would like to point out the name of the buyer is Riggs, and Councilwoman Riggs is not related to this individual, nor does she know him.  Mrs. Riggs stated that was correct.  Roll call was taken with Mrs. Hammond, Mrs. Riggs, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0.  Mr. Smith moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Smith, Mrs. Riggs, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Riggs, Mr. Wisniewski, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

9.         LEGISLATIVE READINGS: 

 

            A.        ORDINANCE 2006-166, “AN ORDINANCE TO AMEND SECTION 1270.11(48) OF THE CITY OF PICKERINGTON CODIFIED ORDINANCES DEFINING DAY CARE CENTERS,” Third Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Fix seconded the motion.  Mrs. Riggs stated this will bring our Code in line with the State law and the Attorney General opinion with regard to defining day cares.  Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

            B.         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,” Third Reading, Hackworth.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Mrs. Hammond stated this is for the property on Diley Road across from Drug Mart.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            C.        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,” Third Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated this several entities are involved in this project, and it is a well-coordinated community process to make our schools safer.  Roll call was taken with Mr. Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            D.        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,” Third Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Fix seconded the motion. Mr. Fix moved to amend by substitution; Mrs. Riggs seconded the motion.  Roll call was taken on the motion to amend with Mr. Smith, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, Mr. Wisniewski, and Mr. Fix voting “Yea.”  Motion passed, 6-0.  Mrs. Riggs stated the amended ordinance was included in Council packets and contains the requested reference to our NPDES permit requested by the Ohio EPA.  Roll call on the ordinance as amended was taken with Mr. Fix, Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            E.         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,” Third Reading, Fix.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Mr. Fix stated this simple shows the ceiling on the amount of money that can be moved within the different budget areas without coming back to Council.  Roll call was taken with Mr. Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

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

 

11.       MOTIONS: 

 

            A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(2), PURCHASE OR SALE OF PUBLIC PROPERTY.  Mayor Shaver stated the Executive Session was held earlier in the meeting. 

 

12.       ADJOURNMENT.  There being nothing further, Mr. Smith moved to adjourn; Mr. Fix seconded the motion.  Mrs. Riggs, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mr. Sabatino, and Mrs. Hammond voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:20 P.M., January 16, 2007. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

David Shaver, Mayor