PICKERINGTON CITY COUNCIL

TUESDAY, JUNE 19, 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 19, 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. Sabatino, Mrs. Riggs, and Mayor Shaver were present.  Mr. Wisniewski was absent due to being on vacation.  Others present were: Lynda Yartin, Chief Taylor, Linda Fersch, Phil Hartmann, Ed Drobina, Steve Carr, Rex Myer, Sean Casey, Rick Palsgrove, David Owen, Pastor Eric Cuenin, Mark Lucas, Mark Landis, Harry Myer, Jim Woods, and others.  Pastor Cuenin delivered the invocation. 

 

2.         A.        APPROVAL OF MINUTES OF JUNE 5, 2007, WORK SESSION.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Smith, Mr. Hackworth, Mr. Fix, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

B.         APPROVAL OF MINUTES OF JUNE 5, 2007, PUBLIC HEARING REGARDING PROPOSED REZONING OF 490 HILL ROAD.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Smith, Mr. Fix, Mr. Hackworth, Mrs. Hammond, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

C.        APPROVAL OF MINUTES OF JUNE 5, 2007, REGULAR MEETING.  Mrs. Riggs moved to approve; Mr. Smith seconded the motion.  Roll call was taken with Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Riggs, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

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, and Mrs. Riggs 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:   

 

A.        SAFETY COMMITTEE.  Mr. Sabatino stated Safety Committee met on June 4th, and the minutes have been distributed.  Mr. Sabatino stated the legislation on tonight’s agenda for the Simsbury Entrance and parking lot project was forwarded from Safety Committee.  Mr. Sabatino stated he would be happy to answer any questions.   

 

B.         RULES COMMITTEE.  Mr. Fix stated Rules Committee met on June 6th, and at that meeting the Committee completed their review of the Administrative Code.  He stated Rules Committee has requested a Council Work Session be scheduled for July 17th, at 6:00 P.M., for Council to review the proposed changes to the Code.  Mr. Fix further stated Rules Committee has requested the City Manager, Law Director, and Development Director provide information for the Committee to review at their next meeting for the codification of clearer directives on requests for waiver of impact fees.  Mr. Fix stated he would be happy to answer any questions.   

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated he had no report this evening.   

 

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 our audit is complete and the CAFR should be printed in the next week or so.     

 

D.        SERVICE MANAGER.  Mr. Drobina stated Ordinance 2007-34 on tonight’s agenda authorizes the City Manager to contract with Dreier & Maller, Inc., for the cleaning and inspection of approximately 16,000 feet of sanitary sewer pipes.  He stated this is a capital improvement project that was bid.  He stated he would request Council consider three readings on this legislation this evening so the contractors can begin work in August.  Mr. Drobina stated as Council is considering canceling the first Council meeting in July, he would also request Council consider completing the final two readings on Ordinance 2007-28, authorizing the construction of the water treatment clearwell project by Kelstin, Inc., in order to keep the project on schedule.  Mr. Drobina stated further at the next Tree Commission meeting, July 11th, Lisa Bower from the Ohio Department of Forestry will be discussing the emerald ash borer and he would invite anyone who is interested to attend that meeting.  Mr. Drobina stated he would be happy to answer any questions.   

 

E.         MANAGER.  Mayor Shaver stated Ms Gilleland is not present this evening as her mother is ill, but Chief Taylor is Acting City Manager.  Chief Taylor stated Ms Gilleland’s report has been distributed and he would be happy to answer any questions.  Chief Taylor stated Mr. Carr would brief Council regarding the Simsbury Park entrance project legislation.  Mr. Carr stated this project consisted of the paving of the Simsbury Park entrance and parking lot.  He stated this project was bid and B&C Blacktop was the low bid.  He further stated he would request Council consider three readings this evening on this ordinance in order to allow the project to proceed.  Mr. Carr further stated he would invite everyone to attend our annual July 4th Celebration which will be held in Victory Park, Wednesday, July 4th, with the park opening at 4:00 P.M., the parade at 6:00 P.M., opening ceremonies at 7:30 P.M., and the fireworks display at 10:00 P.M.     

 

8.         MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3), CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION, AND SECTION 121.22(G)(4), MATTERS INVOLVING BARGAINING SESSIONS WITH PUBLIC EMPLOYEES.  Mr. Smith moved for Executive Session under Section 121.22(G)(3) and 121.22(G)(4); Mr. Fix seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

Council adjourned into Executive Session at 7:40 P.M., and reconvened in open session at 8:07 P.M.

 

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 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 (TABLED)  Mr. Smith moved to remove from the Table; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith moved to amend by Substitution with the Fee Schedule provided in Council packets; Mr. Sabatino seconded the motion.  Mr. Smith stated at the last meeting there was discussion regarding the sign impoundment penalties and fees, and after reviewing that section it has been removed from the fee schedule.  Mr. Smith stated further the peddler and solicitation permit fee that was recently adopted by Council has been included in the fee schedule.  Roll call on the motion to amend was taken with Mr. Hackworth, Mr. Smith, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.”  Motion to amend by Substitution passed, 6-0.  Roll call was taken on the Ordinance as amended with Mr. Smith, Mrs. Hammond, Mr. Hackworth, Mrs. Riggs, Mr. Fix, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

            C.        ORDINANCE 2007-33, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH B&C BLACKTOP SEALING, INC., FOR THE CONSTRUCTION OF THE SIMBSURY PARK ENTRANCE AND PARKING LOT PROJECT,” First Reading, Wisniewski.  Mr. Sabatino moved to adopt; Mr. Hackworth seconded the motion.  Mr. Sabatino stated Mr. Carr had briefed on this project earlier, and as requested he would be asking for three readings this evening.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mrs. Hammond, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Sabatino 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. Fix, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Smith, Mr. Fix, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Hackworth moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.

 

            D.        ORDINANCE 2007-34, “AN ORDINANCE APPROVING THE AGREEMENT FOR SANITARY SEWER CLEANING AND CLOSED CIRCUIT TELEVISION INSPECTION BETWEEN THE CITY OF PICKERINGTON AND DREIER & MALLER, INC., First Reading, Hammond.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Mrs. Hammond stated Mr. Drobina had briefed on this earlier and if there were any questions she would be happy to answer them.  Roll call was taken with Mrs. Hammond, Mrs. Riggs, Mr. Fix, Mr. Sabatino, Mr. Hackworth, and Mr. Smith voting “Yea.”  Motion passed, 6-0.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Hackworth, 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; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Fix, Mr. Hackworth, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            E.         ORDINANCE 2007-35, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE-YEAR COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE, CAPITAL CITY LODGE NO. 9,” First Reading, Smith.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Mr. Smith stated Chief Taylor and Mrs. Fersch were present if anyone has any questions on this agreement.  Roll call was taken with Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, and Mr. Fix 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 Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, Mr. Fix, and Mrs. Riggs 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. Fix, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Smith, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            F.         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,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion.  Mr. Hackworth stated this project will continue to expand our water treatment plant and he would be asking for the final two readings this evening.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Hackworth moved to suspend the rules for the purpose of a final reading; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, 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. Fix, Mr. Hackworth, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            G.        ORDINANCE 2007-29, “AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF PICKERINGTON, OHIO, AND VIOLET TOWNSHIP, OHIO, FOR TEMPORARY WATER SERVICES,” Second Reading, Fix.  Mr. Fix moved to adopt; Mr. Hackworth seconded the motion.  Mr. Fix stated Violet Township is building a maintenance building at the edge of our borders and we do not have water lines to provide service to this area at this time.  He stated with this legislation we are agreeing to allow them to use Fairfield County water until such time as the service is available from the City.  Roll call was taken with Mrs. Riggs, Mr. Smith, Mr. Fix, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Fix moved to suspend the rules for the purpose of a final reading; Mr. Smith seconded the motion.  Roll call was taken with Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mr. Fix, Mr. Sabatino, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

           

            H.        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),” Second Reading, Fix.  Mr. Fix moved to adopt; Mr. Hackworth seconded the motion.  Mr. Fix stated this rezoning is 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 Mr. Smith, Mr. Fix, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  

 

 

10.       LEGISLATIVE READINGS: 

 

            A.        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’,” Third Reading, Fix.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Mr. Fix stated as discussed previously, we now have a Memorandum of Understanding with Violet Township, Bloom Township, Canal Winchester, and Lancaster that should prove more profitable over time for all the entities involved, and there is no longer a need for this economic development agreement with the Township.  Roll call was taken with Mr. Hackworth abstaining, Mr. Sabatino voting “Nay,” and Mr. Fix, Mrs. Riggs, Mrs. Hammond, and Mr. Smith voting “Yea.”  Motion passed, 4-1. 

 

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

 

12.       MOTIONS:  MOTION TO CANCEL THE JULY 3, 2007, CITY COUNCIL MEETING.  Mr. Fix moved to cancel the July 3, 2007, City Council Meeting; Mrs. Riggs seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Fix, Mr. Hackworth, Mr. Smith, Mr. Sabatino, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0.  

 

13.       ADJOURNMENT.  There being nothing further, Mr. Fix moved to adjourn; Mr. Hackworth seconded the motion.  Mr. Sabatino, Mrs. Hammond, Mr. Hackworth, Mr. Smith, Mr. Fix, and Mrs. Riggs voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:20 P.M., June 19, 2007. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

David Shaver, Mayor