PICKERINGTON CITY COUNCIL

TUESDAY, JUNE 5, 2007

CITY HALL, 100 LOCKVILLE ROAD

 

PUBLIC HEARING

7:15 P.M.

 

 

OPEN DISCUSSION REGARDING THE PROPOSED REZONING OF APPROXIMATELY 0.709 ACRES FROM R-C (RESIDENTIAL) TO

C-3 (COMMUNITY COMMERCIAL) AT 490 HILL ROAD NORTH

(CHAPMAN PROPERTY)

 

 

Mayor Shaver opened the public hearing at 7:15 P.M. with the following members present:  Mrs. Riggs, Mr. Fix, Mr. Smith, Mr. Hackworth, Mrs. Hammond, Mr. Sabatino, Mr. Wisniewski, and Mayor Shaver.  Others present were:  Judy Gilleland, Lynda Yartin, Chief Michael Taylor, Harold Chapman, Rex Myer, Rick Palsgrove, and others. 

 

Mayor Shaver ascertained there were no comments from the public regarding the proposed rezoning. 

 

Mayor Shaver ascertained there were no comments or questions from Council members regarding the proposed rezoning.

 

There being no questions or comments, Mayor Shaver closed the public hearing at 7:17 P.M., June 5, 2007.

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

_______________________________

David Shaver, Mayor

 

PICKERINGTON CITY COUNCIL

TUESDAY, JUNE 5, 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, June 5, 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, Chief Taylor, Linda Fersch, Phil Hartmann, Ed Drobina, Brenda VanCleave, Tim Hansley, Rex Myer, Sean Casey, Rick Palsgrove, David Owen, Harold Chapman, Pastor Eric Cuenin, Jerry Daily, Brian Sauer, Gary Weltlich, Tony Barletta, and others.  Pastor Cuenin delivered the invocation. 

 

Mayor Shaver presented a Certificate of Recognition to Sherry Beckman for the donation of an American Quarter Horse, Awesome Quinarius (Prince), to the City of Pickerington for use in a Mounted Patrol. 

 

2.         A.        APPROVAL OF MINUTES OF MAY 3, 2007, SPECIAL MEETING.  Mr. Hackworth moved to approve; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino abstaining, and Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, Mr. Fix, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

B.         APPROVAL OF MINUTES OF MAY 15, 2007, PUBLIC HEARING REGARDING PROPOSED 2008 TAX BUDGET.  Mr. Smith moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Fix and Mr. Wisniewski abstaining, and Mr. Sabatino, Mr. Smith, Mr. Hackworth, Mrs. Hammond, and Mrs. Riggs voting “Yea.”  Motion passed, 5-0. 

 

C.        APPROVAL OF MINUTES OF MAY 15, 2007, REGULAR MEETING.  Mr. Hackworth moved to approve; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Wisniewski and Mr. Fix abstaining, and Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mrs. Riggs, and Mr. Sabatino voting “Yea.”  Motion passed, 5-0. 

 

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

 

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:   

 

A.        FINANCE COMMITTEE.  Mr. Smith stated Finance Committee met on May 17th and the minutes have been distributed.  Mr. Smith stated items on tonight’s agenda from that meeting include an appropriation ordinance and the Fee Schedule.  He stated he would be happy to answer any questions. 

 

B.         SERVICE COMMITTEE.  Mrs. Hammond stated Service Committee met on May 21st, and the minutes have been distributed.  She stated Service Committee had forwarded several ordinances to Council this evening including the award of the contract for construction of the water treatment clearwell to Kelstin, Inc., an agreement between the City of Pickerington and Violet Township to allow the Township to connect to County water until the City’s waterlines were available, the rezoning of the property at 490 Hill Road North, and the contract for engineering services with DLZ Ohio, Inc., for the engineering of the wastewater treatment plant.  Mrs. Hammond stated she would be asking for three readings on the DLZ contract so we would be able to sign the contract at the time the funds are available.  Mrs. Hammond stated she would be happy to answer any questions. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he had nothing to report, but would be happy to answer any questions. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would ask for three readings on the appropriation ordinance this evening as there are items included on it that need to be taken care of and the final two readings on the Tax Budget so she can meet the deadline for filing it with the County.   

 

D.        SERVICE MANAGER.  Mr. Drobina stated with regard to the ordinance awarding the contract to Kelstin, Inc., for the construction of the water treatment clearwell, they were the lowest bidder and after reviewing the bids it was recommended they be awarded the contract.  Mr. Drobina stated 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.     

 

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 2007-27, “AN ORDINANCE AMENDING THE 2007 APPROPRIATION, ORDINANCE 2006-164,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated as Mrs. Fersch had requested, he would be asking for 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. Smith 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. Smith moved to adopt; Mr. Fix 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. Smith moved to adopt; Mr. Fix 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. 

 

            C.        ORDINANCE 2007-28, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH KELSTIN, INC., PURSUANT TO THEIR BID ON THE CONSTRUCTION OF THE WATER TREATMENT CLEARWELL PROJECT,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Mr. Hackworth stated as Mr. Drobina had reported Kelstin, Inc., had submitted the low bid for this project.  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 2007-29, “AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF PICKERINGTON, OHIO, AND VIOLET TOWNSHIP, OHIO, FOR TEMPORARY WATER SERVICES,” First Reading, Fix.  Mr. Fix moved to adopt; Mrs. Hammond seconded the motion.  Mr. Fix stated this agreement will allow the Township to connect to County water until such time as the City’s waterlines are available in that area.  Mr. Sabatino clarified that installation of City waterlines will be development driven.  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. 

 

            E.         ORDINANCE 2007-30, “AN ORDINANCE REZONING 0.709 ACRES, MORE OR LESS, LOCATED AT 490 HILL ROAD, NORTH, FROM R-6 (RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL),” First Reading, Fix.  Mr. Fix moved to adopt; Mrs. Hammond seconded the motion.  Mr. Fix stated a public hearing on this rezoning was held earlier this evening.  He stated the rezoning was recommended with the condition that the current owner utilize the property for residential  purposes until such time as it is converted to a commercial use.  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.  

 

            F.         ORDINANCE 2007-31, “AN ORDINANCE COMBINING ALL FEES CHARGED BY THE CITY OF PICKERINGTON INTO ONE COMPLETE FEE SCHEDULE FOR THE CITY OF PICKERINGTON,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated Finance Committee had reviewed the fees being recommended and he would be happy to answer any questions.  Mr. Hackworth stated he did have some concerns regarding the fees for sign impoundment.  He stated he would like clarification regarding political signs because these signs can be moved after they have been put up.  Mr. Sabatino stated he had concerns about the possibility of being cited to Mayor’s Court.  Ms Gilleland stated this was not a change, but is something that is already in effect, the only change is the amount of the fee for impounding the signs.  Mr. Sabatino stated he still did not feel someone should be cited to Mayor’s Court for this offense.  Mayor Shaver stated if Council wanted to have the first reading, then Mr. Hartmann could review this issue and  provide clarification.  Mr. Wisniewski stated he would like further clarification before voting on the ordinance.  Mr. Wisniewski moved to Table; Mr. Sabatino seconded the motion.  Roll call was taken with Mr. Smith and Mr. Fix voting “Nay,” and Mrs. Hammond, Mr. Sabatino, Mr. Hackworth, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion to Table passed, 5-2.  (TABLED)

 

            G.        ORDINANCE 2007-32, “AN ORDINANCE APPROVING THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF PICKERINGTON AND DLZ, OHO, INC., First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated Service Committee spent a great deal of time reviewing the proposal from DLZ and had also requested an outside firm review it.  She stated the outside firm had made a presentation at Service Committee and stated they felt the fees were fair and reasonable.  She stated she would request three readings with emergency this evening due to the issues being experienced with the Ohio EPA and the fact that it is imperative we begin the wastewater treatment plant expansion process so the EPA will continue to allow some development within the City.  Mrs. Hammond stated while she does not like to pass legislation as an emergency, if this did not qualify, she did not know what did.  Mr. Wisniewski stated he did not like the necessity for an emergency, however, he would support it because we are in a position where we need to get the process started.  Mr. Sabatino stated he has voiced his concerns in the past and he could not support this ordinance.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”   Motion passed, 6-1.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, and Mr. Fix voting “Yea.”  Suspension of Rules passed 6-1.  Second Reading.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Third Reading.  Mrs. Hammond moved to declare the emergency; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Fix, Mr. Wisniewski, Mr. Smith, Mr. Hackworth, Mrs. Riggs, and Mrs. Hammond voting “Yea.”  Motion passed, with emergency, 6-1.

 

            H.        ORDINANCE 2007-26, “AN ORDINANCE REPEALING ORDINANCE NO. 2006-163 ENTITLED, ‘AN ORDINANCE AUTHORIZNG THE CITY MANAGER TO ENTER INTO A MASTER ECONOMIC DEVELOPMENT AGREEMENT WITH VIOLET TOWNSHIP REGARDING ANNEXATION AND COMMERCIAL DEVELOPMENT’,” Second Reading, Fix.  (TABLED)  Mr. Fix moved to Remove from the Table; Mr. Smith 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 to Remove from the Table passed, 7-0.  Mr. Fix moved to adopt; Mrs. Riggs seconded the motion.  Mr. Fix stated since Council has adopted legislation to enter into a Memorandum of Understanding for economic development with Violet Township, Canal Winchester, Bloom Township, and the City of Lancaster, this agreement is no longer necessary.  Roll call was taken with Mr. Wisniewski and Mr. Hackworth abstaining, Mr. Sabatino voting “Nay,” and Mr. Smith, Mrs. Riggs, Mrs. Hammond, and Mr. Fix voting “Yea.”  Motion passed, 4-1. 

 

            I.          RESOLUTION 2007-09R, “A RESOLUTION TO ADOPT THE 2008 TAX BUDGET TO MEET THE JULY 15, 2007, DEADLINE AS SET FORTH IN THE OHIO REVISED CODE, SECTION 5705.28,” Second Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated he would ask for the final two readings this evening so Mrs. Fersch can file the 2008 Tax Budget with the Fairfield County Auditor as required by the Ohio Revised Code.  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.  Mr. Smith moved to suspend the rules for the purpose of a third reading; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Suspension of Rules 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. 

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2007-21, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SHELLY COMPANY FOR PICKERINGTON’S 2007 ANNUAL STREET IMPROVEMENT/REPAVING PROJECT,” Third Reading, Fix.  Mr. Fix moved to adopt; Mr. Hackworth 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. 

 

            B.         ORDINANCE 2007-23, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $800,000 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 ENGINEERING AND DESIGN SERVICES FOR PROPOSED IMPROVEMENTS TO THE CITY’S SEWAGE TREATMENT PLANT,” Third Reading, Hammond.  Mrs. Hammond moved to declare the emergency; Mr. Hackworth seconded the motion.  Mrs. Hammond stated in order to enter into the agreement for the engineering design of the wastewater treatment plant we need to have the funds in place.  She stated she was requesting the emergency action so there will be no delays in getting the wastewater treatment plant expansion project started.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mr. Wisniewski, Mr. Fix, Mrs. Riggs, Mrs. Hammond, and Mr. Smith voting “Yea.”  Motion passed, with emergency, 6-1. 

 

            C..       ORDINANCE 2007-24, “AN ORDINANCE GRANTING AN EXEMPTION TO THE APPLICABILITY OF THE IMPACT FEE ORDINANCE TO EQUITY, INC., FOR THE BENEFIT OF THE TOBIN, MERRIT, INC., PROJECT BASED ON THE DETERMINATION OF THE PICKERINGTON CITY COUNCIL THAT THE PROJECT WILL CREATE AN EXTRAORDINANRY ECONOMIC IMPACT AND/OR EMPLOYMENT GROWTH,” Third Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated Council had a lengthy discussion on this ordinance at the last meeting and Finance Committee had considered this issue very carefully.   Mayor Shaver stated he feels very strongly on this issue and although Council can overrule a veto at their next meeting, he was still considering vetoing this legislation.  He stated he felt this was opening the door for other businesses to ask why they weren’t given an exemption or a waiver and he wanted every business coming into the City to know exactly what to expect.  Mr. Sabatino stated when Mayor Shaver was a council member and the impact fee legislation was being drafted that he had been in support of each request being reviewed on a case-by-case basis, and he just did not understand what had changed since that time.  Mayor Shaver stated again, he wanted to ensure that every business felt they were being treated fairly by the City and knew in advance what to expect.  Mr. Smith stated he has asked Rules Committee to review the guidelines and criteria for granting an exemption or waiver of the impact fees and forward a recommendation to Council for consideration.  He stated the Mayor had suggested in lieu of waiving impact fees, the fees be refunded if the commercial enterprise meets the goals that are predicted and that is one option that Rules Committee will be reviewing.  Mr. Hackworth clarified that the City expected to recover the full cost of the exemption, $13,920, within thirteen months.  Mayor Shaver stated since he has the assurance of Council that they will be reviewing the guidelines and criteria and determine specifically what would be required to qualify for an exemption or a waiver that he would not veto this legislation this evening.  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. 

 

            D.        ORDINANCE 2007-25, “AN ORDINANCE GRANTING AN EXEMPTION TO THE APPLICABILITY OF THE IMPACT FEE ORDINANCE TO BERRY & MILLER, INC., FOR THE BENEFIT OF THE VOLUNTEER ENERGY SERVICES, INC., PROJECT BASED ON THE DETERMINATION OF THE PICKERINGTON CITY COUNCIL THAT THE PROJECT WILL CREATE AN EXTRAORDINANRY ECONOMIC IMPACT AND/OR EMPLOYMENT GROWTH,” Third Reading, Fix.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Mr. Fix stated he had no discussion on this ordinance as it was the same as on the previous ordinance.   Mr. Hackworth clarified that the City expected to recover the full cost of the exemption, $10,159.86, in less than one 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:  There were no motions. 

 

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 8:25 P.M., June 5, 2007. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

David Shaver, Mayor