PICKERINGTON CITY COUNCIL

TUESDAY, MARCH 20, 2007

CITY HALL, 100 LOCKVILLE ROAD

 

PUBLIC HEARING

7:10 P.M.

 

 

OPEN DISCUSSION REGARDING AMENDING CHAPTER 1292 AND APPENDIX IV OF THE PICKERINGTON CODIFIED ORDINANCES PERTAINING TO SIGNS

 

 

Mayor Shaver opened the public hearing at 7:10 P.M. with the following members present:  Mrs. Riggs, Mr. Fix, Mr. Smith, Mr. Hackworth, Mrs. Hammond, Mr. Sabatino, and Mayor Shaver.  Others present were:  Judy Gilleland, Lynda Yartin, Chief Michael Taylor, Lance Schultz, Pastor Jeff Myers, Rex Myer, John Casargic, and others. 

 

Mr. Schultz stated the Planning and Zoning Commission has been reviewing the Sign Code for several months for uniformity, to document our unwritten policies, and to do some general housecleaning.   He stated the proposed revisions were approved by Planning and Zoning in January, and by Service Committee in February.  Mr. Schultz stated some of the emphasized revisions to the Code include ground signs that advertise more than one use and limited the sign to two colors and requiring a stone or brick base up 75 percent of the sign, no flashing or animated window signs permitted and neon signs being limited to identifying if the business is open or closed.  He stated he has received no calls from the business community on this as yet.  Mr. Schultz stated further the revision for community activity signs, which includes churches, schools, and nonprofits, would require administrative approval for a zoning certificate and limit the advertisement to 14 days per event with a maximum sign size of 32 square feet, and changeable copy would not be permitted.  He stated we would prohibit laser and LED signs, and in comprehensive sign plans no more than three colors would be permitted per sign for each tenant, and a registered trademark with multiple colors would be permitted to encompass ten percent of the sign area.  He continued channel letters would be required on commercial buildings while allowing Planning and Zoning Commission and staff to consider other types of letters in special circumstances.  He stated he would be happy to try to answer any questions. 

 

Pastor Jeff Myers, Prince of Peace Presbyterian Church, stated his concern was with the small signs the Church puts out for announcements.  He stated the changeable letters would be an issue as they use a sign they place on the corner, and get permission through the City, approximately four to six times a year to announce different things such as Christmas Eve or Easter services.  He stated they use the same sign with changeable letters, and questioned why that would be excluded from use.  Pastor Myers stated otherwise they will have to print a sign for each event and that would add expense when they already have an attractive sign.  He stated he did not understand the justification for eliminating changeable lettering on an attractive professional sign.  Mr. Schultz stated Planning and Zoning was very concerned about the portable signs in the City with changeable copy and how long they are being used.  He stated this has been discussed with our attorney as we do not to be discriminatory toward any uses throughout the City, and he indicated other cities do not allow changeable copy on signs.  Mr. Schutlz stated further there are two types of signs, on premise and off premise, and off premise signs can still be approved by the City Manager or himself and they do allow them at certain locations in the City at certain times.  Mr. Schultz stated the revisions are focusing more on the on premise signs.  Ms Gilleland clarified that off premise signs still would not be permitted to have changeable copy, and Mr. Schultz stated that was correct. 

 

Ms Gilleland stated the off premise signs that we permit are few and far between and she has worked with Pastor Myers on his sign because of the changes on Diley Road.  She stated we have given them extra allowances because the Church is in a hidden location right now, but in the near future there will be a lot of traffic by the church.  She stated there are special allowances and we will work with the various groups.  Ms Gilleland continued that another group we allow off premise signs for are community groups, with signs on the corners of S.R. 256 and Refugee and the S.R. 256 and S.R. 204 intersection. 

 

Mr. Schultz stated he would also like to clarify these revisions do not apply to the old downtown village area. 

 

Mr. Sabatino inquired if Pastor Myers concerns had been discussed by the Planning and Zoning Commission, and Mr. Schultz stated a representative from the Church did attend the Planning and Zoning meeting.  Mr. Schultz stated staff has also sent notices to all nonprofits in the City and the Township notifying them of both public hearings at Planning and Zoning Commission and tonight at Council, and also detailing what the revisions included. 

 

Mr. John Casargic stated he was representing PYAA and speaking for his organization they have some problems with this from the standpoint that they use a mobile sign with portable lettering.  He stated they sponsor 11 different sports and this revision would perhaps dictate that they would need 11 different signs created and that would be an additional expense to the organization.  Further, they have found that the citizenry of the community do not always respond within 14 days, and typically the reason they have their signs is to announce registrations for the different sporting activities.  He stated many times that takes more than a 14-day notice for families to respond. 

 

Carol Carter inquired if the billboard on S.R. 256, near the Exxon Station, with that property changing hands, would remain if this revision is adopted, and Mr. Hartmann stated he has reviewed this and that billboard was previously given an approval so they have an absolute right to continue with the use of that sign. 

 

Mr. Fix inquired if there was an appeal process in place so an organization like PYAA can appeal and ask for special permission for their particular interests.  Mr. Schultz stated once this is adopted, he felt there would be no appeal process unless a provision is included in the legislation.  Mr. Fix questioned if we are interested in hearing special cases such as that and Mr. Sabatino stated he agreed with Mr. Fix that it was a good idea to have an appeal process.  Mr. Sabatino stated you cannot think of everything that will happen in the future and he felt there should be some mechanism so we can deal with special circumstances, and he would request we look into that.  Mr. Fix inquired if an appeal should be heard by the Board of Zoning Appeals or Planning and Zoning Commission, and Mr. Schultz stated he would recommend it be in front of the Planning and Zoning Commission as a comprehensive sign plan.  Mr. Schultz further stated a representative from either PYAA or PASA attended the public hearing at Planning and Zoning and he indicated there was a possibility they would be putting in a permanent sign.  Mr. Fix stated at least if there is an appeal process, they will have an opportunity for due process.  Ms Gilleland stated if Council would like to continue with the first reading this evening we can have a revision prepared for the second reading that includes an appeal process.  Mr. Fix stated he would advocate that, and Mr. Sabatino stated he would also support that. 

 

There being no questions or further comments, Mayor Shaver closed the public hearing at 7:24 P.M., March 20, 2007.

 

RESPECTFULLY SUBMITTED: 

 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

David Shaver, Mayor

 

PICKERINGTON CITY COUNCIL

TUESDAY, MARCH 20, 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, March 20, 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, Linda Fersch, Chief Michael Taylor, Phil Hartmann, Ed Drobina, Lance Schultz, Rex Myers, Carol Carter, Pastor Jeff Myers, Sean Casey, Rick Palsgrove, Tony Barletta, Dennis Boruszewski, Marvin Sells, Bruce Englehardt, Kirk Richards, Harry Myer, David Owen, Eric Pawlowski, Steve Malone, and others.  Pastor Myers of Prince of Peace Presbyterian Church delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF MARCH 6, 2007, REGULAR MEETING.  Mr. Smith moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, Mr. Fix, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0. 

 

3.         APPROVAL OF AGENDA.  Mr. Fix moved to approve; Mrs. Riggs seconded the motion.  Mr. Smith moved to amend the agenda to remove the two motions listed under Agenda Item 11.A and 11.B; Mr. Fix seconded the motion.  Roll call was taken on the motion to amend with Mr. Wisniewski, Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Riggs, and Mr. Sabatino voting “Yea.”  Motion to amend passed, 7-0.  Roll call was taken on the Agenda as Amended with Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.  

 

Mayor Shaver stated prior to Community Comments he would like to note that there was concern about the two motions that were just removed from the Agenda.  He stated the concern was with whichever motion would pass, who would write the statement of facts and position for the City.  He stated with that in mind he has requested Mr. Fix and Mr. Wisniewski to work together to see if they can come up with a position paper they can both agree on; not agree on what the position is but a statement of the pros and cons of the statute, and also a statement of pros and cons, with guidance from legal counsel, of what the statute actually is.  He stated the purpose is to educate people as to the effect of the proposed Charter amendment.  Mayor Shaver stated Charter amendments are very serious and he felt people had the need to understand exactly what they were voting on.  He stated he wanted this to be a neutral statement in that it would fairly reflect the positions.  Mr. Wisniewski clarified the Mayor would like this to be strictly a motion of Council not something that would be paid for and distributed to the citizens, but a motion that would be made at a future Council meeting.  Mayor Shaver stated that was correct. 

 

4.         COMMUNITY COMMENTS:  

 

A.        Tony Barletta, 671 Montmorency Drive.  Mr. Barletta stated he was surprised by the motions that he wanted to speak to being removed from the agenda.  He stated, however, there were over 900 citizens who signed the petitions to put this question on the ballot.  Mr. Barletta continued stating the motions that were removed, and the whole idea of the City campaigning in a partisan way against a citizen referendum, gave him a feeling of deja vu.  He stated four years ago we had a city government who used it’s power against citizen referendums, the city attorney was an expert at finding problems with the referendums which stifled the will of the citizens by keeping the issues off the ballot.  He stated several of the council members sitting here tonight were petition carriers at that time, and this was a major issue in the campaign that resulted in their election.  Mr. Barletta stated the Charter amendment is on the ballot and he agreed it was very difficult to explain to people and if a nonpartisan statement can be arrived at he certainly would not oppose that.  He further stated the purpose was to protect the rights of the citizens and the city.  Mr. Barletta stated we do not know if conforming the boundaries would be financially advantageous to the citizens of Pickerington, nor do we know that it would be a tax increase for the citizens of Pickerington.  He stated until we know that, he did not feel we could make a good decision on conforming boundaries.  Mr. Barletta stated he did not think anyone had done their homework on this, and he would rather understand if it is going to save him tax dollars before he saw Council give up that right.  Mr. Barletta stated a committee was formed to support the ballot initiative, Citizens Preserving Rights, and they are raising money from citizens and he is the treasurer of this committee.  Mr. Barletta stated if someone opposing the initiative wants to start a committee of their own, they can certainly do that.  

 

Mayor Shaver stated there has been no attempt by this Council or this Administration to keep Charter amendments off the ballot.  He stated Council has passed the required legislation, and if 900 citizens want an issue on the ballot, then 900 citizens deserve to have the issue on the ballot.  He stated his concern with Charter amendments was to ensure that people understand what they are voting on, and that is why he requested Mr. Fix and Mr. Wisniewski to see if they can come up with a good educational piece about the Charter amendment for the citizens to have. 

 

B.         Dennis Boruszewski.  Mr. Brouszewski stated he would withdraw his request for comment this evening. 

 

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

 

6.         COMMITTEE REPORTS:   

 

A.        RULES COMMITTEE.  Mr. Fix stated he would like to let everyone know that the Rules Committee for April will be moved from April 4th to April 11th.    

 

B.         FINANCE COMMITTEE.  Mr. Smith stated Finance Committee met on March 15th and there are several items on tonight’s agenda from that meeting.  He stated with regard to the ordinance that deals with the sale of the property at 350 Diley Road, he would be requesting three readings on that item.  Also from that meeting is the ordinance approving the City Manager’s contract, a Memorandum of Understanding with Violet Township, Canal Winchester, Bloom Township, and Lancaster dealing with the Route 33 corridor development, and a Memorandum of Understanding with the Child Advocacy Center of Fairfield County.  Mr. Smith stated Finance Committee had also received a presentation on a natural gas aggregation program that the City may want to consider. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated he would like to thank everyone for their cooperation on the Memorandum of Understanding with the other four entities and he was looking forward to future economic development.  Mayor Shaver further administered the oath of office to Steve Malone, Tree Commission; Eric Pawlowski, Parks and Recreation Board; and, Marvin Sells, Personnel Appeals Board.  Linda Shelts, Tree Commission, was not present. 

 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated his office had prepared two memorandums for Council and if anyone had any questions if they would call him or e-mail them he would be happy to answer them. 

 

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. 

 

E.         MANAGER.  Ms Gilleland stated the ground breaking on the first office building that is a part of the Equity TIF project was held this morning and it is good to see this project moving along. 

 

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 2007-11, “AN ORDINANCE AMENDING CHAPTER 1292 AND APPENDIX IV OF THE PICKERINGTON CODIFIED ORDINANCES PERTAINING TO SIGNS,” First Reading, Fix.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Mr. Fix stated a public hearing was held earlier this evening, and there was discussion regarding amending the ordinance to allow for an appeals process.  Mr. Fix stated further the law director was requested to prepare an amended ordinance including that language for the next reading, so he would request the first reading this evening.  Mr. Sabatino stated he would be discussing an issue with this ordinance with Mr. Fix that could also be incorporated into the amended ordinance.  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 2007-12, “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) AND AUTHORIZING THE 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 is a contract to sell the property on Diley Road and he would be asking for three readings tonight so we can get the contract executed and closed.  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. 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. Hackworth, Mr. Smith, Mrs. Riggs, Mr. Sabatino, Mr. Fix, and Mrs. Hammond voting “Yea.”  Suspension of Rules passed, 7-0.  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, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0.  Third Reading.  Mr. Smith moved to adopt; Mr. Fix 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 2007-13, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT WITH JUDITH A. GILLELAND, First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated Council had received copies of the agreement after Finance Committee had recommended some revisions.  Mr. Sabatino stated he had a couple of points he wanted clarified before voting on the contract and, therefore, he would abstain this evening.  Roll call was taken with Mr. Sabatino abstaining, and Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Smith, Mr. Hackworth, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            E.         ORDINANCE 2007-14, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH VIOLET TOWNSHIP, CANAL WINCHESTER, BLOOM TOWNSHIP, AND LANCASTER,” First Reading, Fix.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Mr. Fix stated Council has been having debates regarding cooperative economic development with the Township for many months, and we now have the opportunity to cooperate not only with the Township, but Bloom Township, Canal Winchester, and Lancaster from the County line on Route 33 all the way down to the Lancaster City border.  He stated this is part of our long-range vision with the Township and he is pleased that we have the opportunity to vote for this tonight.  Mr. Smith stated this would have five government entities involved and does not obligate any of those entities to anything other than to consider joining in future development opportunities along the Route 33 corridor.  Mr. Sabatino stated he felt this was an excellent place to start and we can evaluate each situation as they present themselves.  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. Fix moved to suspend the rules for the purpose of three readings; Mr. Smith 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. Fix 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. Fix 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 2007-15, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CHILD ADVOCACY CENTER OF FAIRFIELD COUNTY,” First Reading, Smith.  Mr. Smith moved to adopt; Mrs. Riggs seconded the motion.  Mr. Smith stated this would authorize the City Manager to sign a memorandum of understanding expressing the City’s support to the Child Advocacy Center of Fairfield County.  Mr. Smith stated he planned on asking for three readings this evening.  Mr. Wisniewski stated this is a very noble statement, however, he was under the impression that this is a private entity and not a county or state agency.  He stated he had questions on who provided oversight to the center, who would be going out for funding, who would ensure the tax dollars they raise are used appropriately, who would ensure the safety of the children involved, and he has concern when he does not know the specifics of an organization.  He stated without knowing those specifics he would have a hard time passing this by three readings this evening.  Mr. Smith stated he did not have the answers to Mr. Wisniewski’s questions, and the memorandum does not obligate the City, it is a statement of support and not a commitment of resources.  Mr. Smith stated it may be best to get the answers to Mr. Wisniewski’s questions before a final vote.  Mayor Shaver stated perhaps we could have one reading this evening and invite the representative from the Child Advocacy Center to speak at the next meeting.  Mr. Wisniewski stated he would appreciate that.  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. 

 

9.         LEGISLATIVE READINGS:  NONE.

 

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

 

11.       MOTIONS: 

 

            A.        MOTION THAT BY A VOTE OF THE MAJORITY OF PICKERINGTON CITY COUNCIL, THE COUNCIL HEREBY OPPOSES THE PROPOSED CHARTER AMENDMENT ON THE MAY 8, 2007, BALLOT AND HEREBY RECOMMENDS THAT THE VOTERS REJECT SAID CHARTER AMENDMENT.  THE COUNCIL FURTHER REQUESTS THE CITY MANAGER PROVIDE EDUCATIONAL INFORMATION TO THE VOTERS CONCERNING THE PROPOSED CHARTER AMENDMENT.  This motion was withdrawn. 

 

            B.         MOTION THAT BY A VOTE OF THE MAJORITY OF PICKERINGTON CITY COUNCIL, THE COUNCIL HEREBY SUPPORTS THE PROPOSED CHARTER AMENDMENT ON THE MAY 8, 2007, BALLOT AND HEREBY RECOMMENDS THAT THE VOTERS ADOPT SAID CHARTER AMENDMENT.  THE COUNCIL FURTHER REQUESTS THE CITY MANAGER PROVIDE EDUCATIONAL INFORMATION TO THE VOTERS CONCERNING THE PROPOSED CHARTER AMENDMENT.  This motion was withdrawn. 

 

12.       ADJOURNMENT.  There being nothing further, Mr. Fix moved to adjourn; Mr. Smith seconded the motion.  Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 8:10 P.M., March 20, 2007. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

David Shaver, Mayor