PICKERINGTON CITY COUNCIL
TUESDAY, AUGUST 7, 2007
CITY HALL, 100 LOCKVILLE ROAD
PUBLIC HEARING
7:10 P.M.
OPEN DISCUSSION REGARDING RESTRICTING THE PLANTING OF LANDSCAPING
MATERIALS IN CERTAIN RESIDENTIAL FRONT AND SIDE YARDS
Mr. Smith opened the public hearing at 7:10 P.M. Mr. Sabatino clarified that this was initiated by a specific complaint from one person. Mr. Wisniewski asked if there was something going on that they don't want and is it too late to fix what is already there? Mr. Hansley stated that the affect this ordinance would have in the future was that the neighboring property would make a bad situation worse by planting material. Mr. Wisniewski stated we already plant trees along the front of the house to prevent the view of the street. Mr. Fix stated that the concern brought by the citizen was this was a highly unusual plat and that the City when it approved this plat should not have approved it in a way that has the adjoining landowner's property line go in front of their house. He further stated that when this subdivision was put together the plat did not reflect this and was later changed to accommodate more homes to be built in the neighborhood. Mr. Fix added that that City has some responsibility to all citizens to protect their land values. Mr. Wisniewski stated that if he bought the property he should be able to make modifications to it and the person who bought the property next to me knows what the plot looked like when they purchased it. Mr. Hartmann stated he thought Planning and Zoning Commission had made amendments to this and he doesn't see it reflected. Mr. Fix stated that we made amendments to it in Service Committee. Mr. Sabatino asked if the individual who made the complaint was saying that they weren't aware where the lot line was when they bought their house. Mr. Fix stated that from a common sense standpoint do you want a landowner to plant things directly in front of some other landowners home. Mr. Sabatino stated that he felt it was wrong to allow someone else to dictate what someone can do with their own property. Mr. Smith stated that we dictate what people can or cannot do with their property through our zoning and other ordinances. He stated that we have to find is a greater public need versus the individual's absolute right. Mr. Sabatino stated he doesn't see a greater public need being enhancing one person's situation on their property. He stated that the person who owns the property should have the right to do what they want with it and not be influenced what the neighbor can see out their window. Mr. Hartmann stated that we need to allow the public to speak and Council will have the opportunity to speak when this item is on the floor.
Mrs. Carol Carter stated she believed that the City blocks views as well by planting City trees up to the curb. She stated that her neighbor has a beautiful front yard and she didn't think it was fair to put in a grandfather clause to say that if anything dies you can't replant. Mrs. Carter stated that the value of your home is curbside appeal and if you take that away you take away the value of that home. She stated with my home sitting right next door when you drop the value a home you drop the value of my home. Mrs. Carter stated that you will take away the value of their home by not allowing planting in the front or side of the yards, but my neighbor down the street can. She asked what view are they blocking that is so valuable to this person?
There being no further questions or comments, Mr. Smith closed the Public Hearing at 7:22 P.M., August 7, 2007.
RESPECTFULLY SUBMITTED:
Stacey L. Bashore, Deputy Municipal Clerk
ATTEST:
Keith Smith, Council President Pro Tempore
PICKERINGTON CITY COUNCIL
TUESDAY, AUGUST 7, 2007
CITY HALL, 100 LOCKVILLE ROAD
PUBLIC HEARING
7:20 P.M.
OPEN DISCUSSION REGARDING AMENDING CHAPTER 1286 OF THE PICKERINGTON
CODIFIED ORDINANCES TO ADD SECTION 1286.34 "OUTDOOR SERVICE FACILITY
REGULATIONS"
Mr. Smith opened the public hearing at 7:22 P.M. Mr. Hansley stated that the primary focus of this is to adopt new standards to control outdoor patios. Mr. Smith clarified that this would be for commercial outdoor patios and not residential.
There being no further questions or comments, Mr. Smith closed the Public Hearing at 7:23 P.M., August 7, 2007.
RESPECTFULLY SUBMITTED:
Stacey L. Bashore, Deputy Municipal Clerk
ATTEST:
Keith Smith, Council President Pro Tempore
PICKERINGTON CITY COUNCIL
TUESDAY, AUGUST 7, 2007
CITY HALL, 100 LOCKVILLE ROAD
REGULAR MEETING
7:30 P.M.
1. ROLL CALL, PLEDGE
OF ALLEGIANCE, AND INVOCATION. Council for the City of Pickerington met for a
regular session Tuesday, August 7, 2007, at City Hall. Mr. Smith 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. Mayor Shaver
arrived at 7:40 P.M. Others present
were: Judy Gilleland, Stacey Bashore, Linda Fersch, Phil Hartmann, Ed Drobina,
Brenda VanCleave, Tim Hansley, Chief Mike Taylor, Rex Myer, Dawn Edmonson, Alex
Edmonson, Sean Casey, Rachel Scofeld, Carol Carter, David Owen, Pastor Tim
Carpenter, Jennifer Frommer, and others.
Pastor Carpenter delivered the invocation.
2. APPROVAL OF
MINUTES OF JULY 17, 2007, WORK SESSION. Mr.
Fix moved to approve; 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.
3. APPROVAL OF
MINUTES OF JULY 17, 2007, REGULAR MEETING.
Mr. Fix moved to approve; 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.
4. APPROVAL OF
AGENDA. Mr. Fix moved to approve; Mr.
Hackworth seconded the motion. Roll
call was taken with Mr. Wisniewski, Mr. Hackworth, Mrs. Hammond, Mr. Smith, Mr.
Fix, Mrs. Riggs and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
4. COMMUNITY
COMMENTS: There were none.
5. APPROVAL OF
CONSENT AGENDA. (FOUR CONSENT AGENDA ITEMS)
Mr. Smith stated there were four consent agenda items this evening, "Resolution 2007-10R, A Resolution
re-appointing Kevin Snyder to the Utility Fees Review Commission, Resolution 2007-11R, A Resolution
re-appointing Rick Wright to the Utility Fees Review Commission, Resolution
2007-12R, A Resolution re-appointing H. Lynn Boetcher to the Parks and
Recreation Board, and Resolution 2007-13R, A Resolution re-appointing Donald
Goodrich to the Tree Commission."
Mr. Fix moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino,
Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Smith, Mrs. Riggs and Mr. Hackworth
voting "Yea." Consent Agenda
Passed, 7-0.
6. COMMITTEE
REPORTS:
A. FINANCE
COMMITTEE Mr. Smith stated the 2006 Comprehensive Annual Financial Report
(CAFR) has been completed and reviewed by the Auditor of State with exceptional
results. He personally thanked Mrs.
Fersch and her staff for maintaining the financial information.
B. RULES
COMMITTEE. Mr. Fix stated that Rules
Committee met on August 1st and discussed the four re-appointments to
committees that passed on tonight's Consent Agenda. He stated that we were notified of an absence
that needs to be filled for the Personnel Appeals Board and asked for that to
be advertised. He stated that there is
one remaining opening on Utility Fee Commission, however since there will only
be one meeting this year it is not necessary to appoint one person to a
committee that won't meet again this year.
He stated that position will remain unfilled for the time being. Mr. Fix stated we talked about the
Administrative Code tonight in Work Session and we will continue that work
until we can successfully get through the entire Code. Mr. Fix stated that Rules Committee has put
together a plan to take our Charter through a thorough review over the next
several months. Mr. Fix stated he would
answer any questions.
(Mayor Shaver arrived at 7:40 P.M.)
C. SAFETY
COMMITTEE. Mr. Sabatino stated that
Safety Committee met last night to discuss some routine items and they had no
items for tonight's agenda.
7. REPORTS:
A. MAYOR. Mayor Shaver stated the Monthly Mayor’s Court
Report had been distributed. He
stated that he will be out of town from August 11th through the 18th and Mr.
Smith will be acting Mayor.
B. LAW
DIRECTOR. Mr. Hartmann stated he had
nothing to report and would answer any questions.
C. FINANCE
DIRECTOR. Mrs. Fersch stated she had
several items on tonight's agenda. Mrs.
Fersch stated that she attended a Budget Commission meeting on our 2008 tax
budget and the millage was approved to stay the same, except for the Police
Department because that is a voted millage.
She stated that we were informed that the new exemption for Homesteads
will be reimbursed to us by the State.
D. SERVICE
MANAGER. Mr. Drobina reviewed the
Ordinances he had on the agenda and stated he would answer any questions. Mr. Drobina turned it over to Mr. Hansley for
his report. Mr. Hansley stated the
Development Department had a total of seven ordinances on the agenda this
evening. He stated that he was
requesting Item J be passed by emergency because we have a good vendor now and
he may not be available if this has to be re-bid. Mr. Hansley stated he would answer any
questions. Mr. Hackworth asked if any of
the credit for the Impact Fees would be money that would have to reimburse the
Impact Fee funds. Mr. Hansley stated
that the answer is yes and that the governmental one does not have to be
reimbursed from non-impact fee funds, but the other ones do. Mr. Sabatino asked for clarification on the
emergency ordinance and Mr. Hansley stated that we have been led to believe
that if we have to delay it beyond August 23rd the vendor would not be
available. Ms VanCleave stated that the
contractor has space in his schedule and would like to begin on August 14. She stated that the five references that she
checked all stated they would hire them again.
Mr. Sabatino asked how Council could say it qualified for emergency
language and his recommendation would be to look at the second bidder. Ms VanCleave stated that the next bidder is
outside the scope of our budget and the painting season for water towers is
about to wrap up. She stated we would
have to re-bid in the spring and economic conditions could be better or
worse. Mr. Fix asked what the difference
was in price between this bid and the next highest bidder and what the
viability was of this ordinance as an emergency. Mr. Hansley stated that we are also painting
the inside of the tower and to delay that could have a potential impact to the
quality of the water. Ms VanCleave
stated we have photos taken a year ago of the inside of the tower that shows
substantial peeling and a good accumulation of silt. She further stated that the difference
between the two bidders was roughly $35,000.
Mr. Sabatino stated that no amount of dollars should come before the requirements
the people have placed on what is considered an emergency. Mayor Shaver stated this is not the time to
debate the ordinance and this is a time in which to get technical questions
answered. Mr. Wisniewski asked how we
got to this situation and how did we come to this point. Ms VanCleave stated we sent the contract to
Schottenstein for review and it came back that it wasn't the City's bid
documents. She stated while we were
debating that time moved on and when we decided to move forward we had lost
time. Mrs. Riggs asked if we were to go
with three readings with 30 days would that work. Ms VanCleave stated that we can see what
happens and he may be able to move his schedule. Mr. Hartmann stated that the actual Charter
doesn't prevent passing matters as emergency, it requires that you spell out
the specific reasons why it is an emergency.
He stated that the standard language is the public peace, health, safety
and welfare of the citizens and that has always been considered to be Council's
determination of what that is. Mr.
Hartmann stated that if the reasons are spelled out then we would be fine
passing it as emergency. Mr. Sabatino
stated that since we have asked the technical questions he feels he should be
able to ask his questions. Mayor Shaver
stated that technical questions could be asked of the Law Director as well and
he was not trying to cut down debate.
Mr. Sabatino asked if Council could make up a convenient excuse for
passing as emergency or are there definitive reasons why this is a true
emergency. Mr. Hartmann stated that it
needs to be spelled out in the emergency and why it is necessary and it is
within Council's realm to decide what the public peace, health, safety, and
welfare of the community was. Mayor
Shaver stated we will listen to each and every argument when the Ordinance
comes up. Mr. Sabatino asked if the
references had been checked for any of the other proposed contractors. Ms VanCleave stated that typically you start
with your best and work your way down, but she did talk with a paint
representative and was told that all three of these firms are highly
qualified. Mr. Wisniewski asked what the
other contract amounts were for. Ms VanCleave
stated that we have two alternates that we want to consider because it came in
$20,000 less than what we budgeted. She
stated that the base bid would paint the tower white and alternate B was to
paint the logo on it. Ms VanCleave
stated that alternate C is for a final coat to add an additional seven to ten
years to the life of the paint.
E. MANAGER. Ms Gilleland thanked Council and Staff for
their patience and support while she dealt with family matters over the last
couple of weeks.
8. PROCEDURAL READINGS:
A. ORDINANCE
2007-37, “AN ORDINANCE RESTRICTING THE PLANTING OF LANDSCAPING MATERIAL IN
CERTAIN RESIDENTIAL FRONT AND SIDE YARD AREAS,” First Reading,
Fix. Mr. Fix moved to adopt; Mr. Hackworth seconded the motion. Mr. Fix stated this was discussed in the
Public Hearing earlier this evening and he is a firm believer in individual
property owner's rights, but he also believed the City has a responsibility to
not allow someone to significantly alter the property value of an adjacent
homeowner. He stated there are several
situations in the City where the property values can be significantly altered
by the actions of an adjacent landowner due to the unique configuration of the
plat. He stated common sense should be
used in considering all property owner's rights. Mr. Sabatino stated he understood the logic,
but he didn't feel it was this Council's duty to enhance a property owner's
situation to the detriment of an adjoining property owner. He stated that it should have been disclosed
when these lots were purchased and he didn't feel that Council had the right to
tell a property owner that they can't plant something in their own yard. Mr. Wisniewski stated that this does not
restrict the actions of the adjacent landowner from lessening the property
value of the person next to them and all this does is restrict them from
planting trees in their front yard. He
doesn't think it was wise to pass ordinances for three to four homes for
specific issues like this. Mr. Smith
stated he agreed and he got the feeling we were getting into a disagreement
between two property owners. Roll call
was taken with Mr. Sabatino, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mrs.
Riggs voting "Nay" and Mr. Fix and Mr. Hackworth voting
"Yea." Motion failed, 5-2
B. ORDINANCE 2007-38, “AN ORDINANCE AMENDING CHAPTER 1286 (CONDITIONAL USES) OF THE PICKERINGTON CODIFIED ORDINANCES TO ADD SECTION 1286.34 OUTDOOR SERVICE FACILITY REGULATIONS," First Reading, Hackworth Mr. Hackworth moved to adopt; Mrs. Hammond seconded the motion. Mr. Hackworth stated we have had a number of applications for outdoor patios at restaurants and bars and he requested this ordinance to help define what we can do to control these outdoor patios. He stated that we also have current patios in the City that are not being taken care of and this should help staff better define what we are expecting when these applications come forward. Mr. Wisniewski stated he had issues with this because part of the issue for the patios is the smoking ban, so we are moving an issue outside. He asked if this could be limited and he didn't feel it was defined enough. Mr. Hartmann stated that as the Code stands now the only review process for an outdoor service facility for a pre-existing business is going through the Certificate of Appropriateness which has very little criteria. He stated that the goal was to adopt a Conditional Use to provide a flexible framework to review these and to put restrictions on them. Mr. Wisniewski asked if this is violated would it go through Planning and Zoning Commission to rescind it or would this give staff the power to do something about it. Mr. Hartmann stated that it would be like any other zoning violation. Mrs. Riggs asked how this would relate to the smoking ban. Mr. Hartmann stated this is not to extend the smoking ordinance and the goal is not to change what the State law already says. He further stated that the goal was to address noise, smoke and fumes. Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Hackworth, and Mr. Fix voting "Yea." Motion passed, 7-0.
C. ORDINANCE 2007-44, “AN ORDINANCE AMENDING PART TWO OF THE CODIFIED ORDINANCES OF PICKERINGTON, THE ADMINISTRATION CODE: TITLE TWO (CHAPTERS 202-208), TITLE FOUR (CHAPTERS 220-222), TITLE SIX (CHAPTERS 230-250), AND TITLE EIGHT (CHAPTERS 268-280),” First Reading, Fix. (TABLED 7/17/07)
D. ORDINANCE
2007-46, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SECOND
EXTENSION OF THE CITY'S CONTRACT WITH SYNAGRO CENTRAL, LLC. FOR BIOSOLIDS
MANAGEMENT SERVICES,” First Reading, Fix. Mr. Fix moved to adopt; Mr. Hackworth seconded the motion. Mr. Fix stated we will see a financial
benefit from remaining with Synagro and extending our contract with them. Mr. Sabatino stated he had been contacted
from a local firm that could potentially provide us with the same service at a
savings and he didn't think a five year extension was where we should go if we
can save the citizens money. Mr.
Sabatino requested Mr. Drobina to give his input as far as how we are looking
down the road. Mayor Shaver stated this
was not a time for Mr. Drobina to enter the discussion and that it was just
debate on the ordinance. Mr. Wisniewski stated he didn't understand the
technicalities of the service. Mr.
Sabatino stated there is a process where an individual comes to operate
machinery that the City has bought from this company and they typically haul
out once a month. He didn't know if it
would be better to have a shorter extension and then review what options we have.
Mr. Fix asked if it was appropriate for Mr. Drobina to address the
comments. Mayor Shaver stated that
questions could have been asked during his presentation. Mr. Hackworth stated that Synagro is by the
ton, so if the tons dry up then our costs go down. 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.
E. ORDINANCE
2007-47, “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 that everything on this ordinance was considered by Finance Committee
with the exception of the last item for the Law Enforcement Seizure fund which
has a Committee waiver to add it. He stated it is money that is coming in from
the fund for the Police Department to purchase a vehicle. 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
Mr. Hackworth, Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr. Fix, Mr. Sabatino,
and Mrs. Riggs voting "Yea." Motion passed, 7-0.
F. ORDINANCE
2007-48, “AN ORDINANCE GRANTING A CREDIT FOR FEES PREVIOUSLY PAID UNDER THE
AUTHORITY OF THE IMPACT FEE ORDINANCE BY THE WINDMILLER SQUARE OFFICE
CONDOMINIUMS PROJECT AND ESTABLISHING A SCHEDULE FOR AN ADDITIONAL CREDIT BASED
ON THE DETERMINATION OF THE PICKERINGTON CITY COUNCIL THAT THE PROJECT WAS
SUBSTANTIALLY UNDERWAY PRIOR TO THE EFFFECTIVE DATE OF THE LEGISLATION AND THAT
THE FUTURE DEVELOPMENT OF THE SITE MAY CREATE AN EXTRAORDINARY ECONOMIC IMPACT
AND/OR EMPLOYMENT GROWTH," First
Reading, Smith. Mr. Smith
moved to adopt; Mr. Fix seconded the motion. Mr. Smith stated that we will be discussing
the same criteria for the next ordinance as well. He stated that these two items were before
Finance Committee over a period of four months and both of these properties
were represented by the same individual.
He continued that our staff provided data and recommendations. Mr. Smith stated that Finance Committee found
that these two developments were substantially underway at the time that the
Impact fee ordinance was adopted. He
stated that the Finance Committee recommended a 50 percent credit for it being
substantially underway and another 50 percent credit once they produce the
economic impact. Mr. Smith stated that the property owner expects to lease the
rest of the space to a medical vendor in the near future. Mr. Wisniewski stated it will take $3.2
million in payroll for us to break even on the project based on this formula.
Mr. Sabatino stated they have already paid half the amount, so we are giving
them back half of what they have already paid and they have the ability to earn
the other back if they perform. Mr.
Wisniewski stated that it will come out of the general fund somewhere to pay
back the $16,000 to the Impact Fee funds. Mayor Shaver stated he didn't see
where encouraging economic development falls with these ordinances because the
properties are already here. Mr. Smith
clarified that the Impact Fee fund reimburses the 50 percent credit and the
general fund reimburses the Impact Fee fund. Mrs. Riggs asked what kind of
position this put us in with regards to the passage of the Impact Fees and the
fact that these projects were substantially underway. Mr. Hartmann stated he didn't know what
substantially underway meant and apparently from the way it is written it
provides some flexibility. Mr. Fix
stated we asked the Development Director what the exposure to the City was and our exposure is limited to these two
projects. He stated that his concern
with going back and altering the Impact Fee Ordinance is we are not fully
reimbursing these applicants and it would offer more exposure to grandfather
everything that was underway. Mr. Fix continued that our Planning and Zoning
process is not streamlined and both applicants tried to get their issues passed
prior to the application of the Impact Fees.
He stated that because they were in process when the impact fees were
put in place, it is a reasonable solution given that our exposure is
limited. Mr. Fix stated this criteria
does not allow for waiver of impact fees for residential or retail. Mrs. Riggs
stated she questioned the exposure that there were the only two businesses
prior to the passage of the Impact Fee ordinance. Mayor Shaver asked what stops someone who has
purchased plots of land from coming in and saying they were substantially under
way. Mr. Fix stated there is nothing
from stopping them from coming in and asking for it today, but the Development
Director has reviewed all the records of the applicants in the permitting
process during this cycle and these are the only two that remain
unresolved. Roll call was taken with
Mrs. Riggs voting "Nay," and Mrs. Hammond, Mr. Fix, Mr. Wisniewski,
Mr. Sabatino, Mr. Hackworth, and Mr. Smith voting “Yea.” Motion passed, 6-1.
G. ORDINANCE 2007-49, “AN ORDINANCE GRANTING A CREDIT FOR FEES PREVIOUSLY PAID UNDER THE AUTHORITY OF THE IMPACT FEE ORDINANCE BY BARNYARD PRIMITIVES, INC., BASED ON THE DETERMINATION OF THE PICKERINGTON CITY COUNCIL THAT THE PROJECT WAS SUBSTANTIALLY UNDERWAY PRIOR TO THE EFFECTIVE DATE OF THE LEGISLATION AND THAT THEY CONSTRUCTED IMPROVEMENTS TO THE STORMWATER SYSTEM THAT PROVIDE A PUBLIC BENEFIT,” First Reading, Smith. Mr. Smith moved to adopt; Mr. Fix seconded the motion. Mr. Smith stated this is very similar to the previous ordinance in that the first 50% credit is the same and the second exemption is for only 25 percent of the impact fee. He stated there was enough Stormwater improvements to get credit for the 25 percent. He stated the Impact fee ordinance does allow exemptions for infrastructure improvements. Mr. Fix stated that the applicant demonstrated throughout the hearing that the infrastructure improvement was above and beyond the normal improvements that a developer would be asked to maintain in this particular case. Mrs. Riggs stated she wants to see economic development and she will be talking to the Development Director. Mayor Shaver clarified that staff recommended against these. Mr. Smith stated that both of these businesses were local residents that had some case and met the requirements of an exemption. Mr. Wisniewski clarified that Barnyard Primitives falls outside of the criteria of the current ordinance. Mr. Fix stated we are exempting based on the fact that they were substantially in the process when this ordinance came about. Roll call was taken with Mrs. Riggs voting "Nay," and Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, and Mr. Hackworth voting "Yea." Motion passed 6-1.
H. 2007-50,
“AN ORDINANCE GRANTING AN EXEMPTION TO THE APPLICABILITY OF THE IMPACT FEE
ORDINANCE TO VIOLET TOWNSHIP, OHIO, FOR THEIR MAINTENANCE BUILDING PROJECT
BASED ON THE DETERMINATION OF THE PICKERINGTON CITY COUNCIL THAT THE PROJECT IS
ENTITLED TO AN EXEMPTION UNDER SECTION 1486.03(d)(6) OF THE ORDINANCE,” First
Reading, Smith. Mr.
Smith moved to adopt; Mr. Fix seconded the motion. Mr. Smith stated this one does meet a
specific exemption criteria under the current ordinance. He stated that Finance Committee felt this
needed to be codified with a full Council vote as an Ordinance. Mr. Wisniewski requested that the final
number be added to show what we are exempting by the Third Reading. 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.
Council recessed at 8:55 P.M. and reconvened in open session at 9:12 P.M.
I. ORDINANCE 2007-51, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANNEXATION AGREEMENT WITH VIOLET TOWNSHIP,” First Reading, Smith. Mr. Smith moved to adopt; Mr. Fix seconded the motion. Mr. Smith stated that there have been various versions of this at Finance Committee and this one was moved out at the last meeting. Mr. Sabatino moved to amend to include a statement that execution by both parties must occur on or before October 6, 2007; Mr. Smith seconded the motion. Mr. Hartmann stated he would include language in both the ordinance and the annexation agreement that leaves a window of time for this to be executed and if it is not executed within that time the ordinance and agreement are no longer in affect. Mr. Fix clarified that it was basically adding an expiration date. Mr. Sabatino stated that the purpose is to not leave the agreement left open. Mr. Smith stated it also gives the landowner a point of reference. Roll call was taken on the amendment with Mrs. Riggs, Mrs. Hammond, Mr. Hackworth, Mr. Smith, Mr. Wisniewski, Mr. Fix and Mr. Sabatino voting "Yea." Motion to amend passed, 7-0. Mr. Hackworth asked if we had an estimate on the income tax off of this. Mr. Fix stated the estimates were roughly $16,000 a year when it was fully developed. Mr. Wisniewski clarified that the township would only be providing snow removal in regard to street maintenance. Mr. Hackworth clarified that the agreement was between the township and the City with 10 percent of the City income tax and 1.7 inside mils and this payment will increase over time. He stated that we are giving away a percentage of our income tax and basically 75 percent of our property tax and he wasn't sure what we were going to get in return on it. Mr. Smith stated we have been trying to work out an agreement and earlier versions were for a much higher percentage sharing rates. He stated that we felt 10 percent was more reasonable and that there was not a lot of maintenance needed for the reimbursement. Mayor Shaver asked if this was the agreement reached by the two staffs. Mr. Smith stated he didn't think that the township staff had accepted this agreement. Mr. Sabatino stated he could understand the concerns but his personal reason for supporting it is we are trying to attempt a spirit of cooperation with the township. He stated that this document puts us on record as saying we are willing to cooperate. Mr. Wisniewski stated that in the spirit of cooperation he would vote for it, but he felt it failed to recognize the amount of effort staff has put into it. Mayor Shaver stated we need to keep going to show that we can work with other entities to develop agreements. Roll call was taken on the ordinance as amended with Mr. Hackworth voting "Nay" and Mr. Sabatino, Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Riggs voting "Yea." Motion passed, 6-1.
J. ORDINANCE
2007-52, “AN ORDINANCE APPROVING THE AGREEMENT FOR THE CLEANING AND RE-PAINTING
OF THE 1.0 MG EAST COLUMBUS STREET WATER TOWER BETWEEN THE CITY OF PICKERINGTON
AND THE GEORGE KOUNTOUPES PAINTING CO., INC.,” First Reading,
Hammond. Mrs. Hammond moved to adopt; Mr. Hackworth seconded the motion. Mrs. Hammond stated that staff discussed
this earlier and while she agreed with the dislike of emergency measures we owe
it to the taxpayers to save them money wherever we can and this would save a
considerable amount. Mrs. Hammond moved to amend by substitution
to declare an emergency; Mr. Hackworth seconded the motion. Mrs. Riggs stated that she wanted to
stress that under the previous administration emergency language was used a lot
and she wanted to caution Council and Staff to do a better job of planning and
negotiating. Mr. Sabatino stated his feelings were that this emergency was self
inflicted and the fact that we did not have sufficient prior planning does not
require an emergency. Mr. Smith stated we do not take emergencies lightly and
in this case it is a substantial savings.
Mr. Fix stated he thought it was great that Council struggles with
something like this to pass it by emergency.
He stated that this is not an abuse of emergency language. Mr. Hackworth
stated the issue wasn't poor planning because things happen where you have to
do it quickly and there are times when opportunities come up to save money. Ms
Gilleland clarified that the engineering contract that we have been using is
legal and it was reviewed by our previous law director. She further stated that she wanted to defend
staff because we started the process in June, but the time restriction was
given to us by the contractor and there are many projects that don't allow time
to re-bid. Roll call was taken on the
amendment with Mr. Sabatino voting "Nay" and Mrs. Riggs, Mrs.
Hammond, Mr. Smith, Mr. Hackworth, Mr. Fix, Mr. Wisniewski voting
"Yea." Motion to amend by substitution passed, 6-1. Roll call was taken on the ordinance as
amended 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 Mr. Hackworth, Mr. Wisniewski, Mrs. Hammond, Mr. Smith, Mr.
Fix and Mrs. Riggs voting "Yea."
Suspension of rules passed, 6-1. Second Reading. Mrs.
Hammond moved to approve; 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 adopt and to declare the
emergency; Mr. Hackworth seconded the motion.
Roll call was taken with Mr. Sabatino voting "Nay" and
Mrs. Riggs, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Hackworth
voting "Yea." Motion passed,
6-1.
K. RESOLUTION 2007-10R, “A
RESOLUTION RE-APPOINTING KEVIN SNYDER TO THE UTILITY FEES REVIEW COMMISSION,” First
Reading, Hackworth. Roll call
was taken with Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Smith,
Mrs. Riggs and Mr. Hackworth voting "Yea." Motion passed, 7-0. (Consent Agenda item)
L. RESOLUTION 2007-11R, “A
RESOLUTION RE-APPOINTING RICK WRIGHT TO THE UTILITY FEES REVIEW COMMISSION,” First
Reading, Hackworth (CONSENT AGENDA) Roll call was taken with Mr.
Sabatino, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr. Smith, Mrs. Riggs and Mr.
Hackworth voting "Yea." Motion passed, 7-0. (Consent Agenda item)
M. RESOLUTION 2007-12R, “A
RESOLUTION RE-APPOINTING H. LYNN BOETCHER TO THE PARKS AND RECREATION BOARD,” First
Reading, Hackworth. Roll
call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr.
Smith, Mrs. Riggs and Mr. Hackworth voting "Yea." Motion passed,
7-0. (Consent Agenda item)
N. RESOLUTION 2007-13R, “A
RESOLUTION RE-APPOINTING DONALD GOODRICH TO THE TREE COMMISSION,” First
Reading, Hackworth. Roll
call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mr.
Smith, Mrs. Riggs and Mr. Hackworth voting "Yea." Motion passed,
7-0. (Consent Agenda item)
P. ORDINANCE
2007-36, “AN ORDINANCE APPROVING THE RELEASE OF EASEMENT FROM B&K
ENTERPRISES,” Second Reading, Fix. Mr.
Fix moved to adopt; Mr. Hackworth seconded the motion. Mr. Fix stated this is an easement that
we have decided that we no longer need and Fifth Third would like it so we are
giving it back. 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.
O. ORDINANCE
2007-45 (AS AMENDED), “AN ORDINANCE ADOPTING IMPACT FEE AMOUNTS AND THE
PROCEDURES FOR THE IMPOSITION, CALCULATON, COLLECTION, EXPENDITURE, AND
ADMINISTRATION OF IMPACT FEES TO BE IMPOSED ON NEW DEVELOPMENT; PROVIDING FOR
SEVERABILITY; AND REPLACING ORDINANCE 2005-79,” Second Reading,
Riggs. Mrs. Riggs moved to adopt; Mr. Fix seconded the motion. Mrs. Riggs stated we had one minor change
from shall to may grant an exemption.
She stated that we basically did some clean up language and defined more
of a process for waiving impact fees. Mr. Wisniewski stated that we are putting
these rules in place and we are already making exceptions to them. 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.
9. LEGISLATIVE READINGS:
A. ORDINANCE
2007-31 (AS AMENDED), “AN ORDINANCE COMBINING ALL FEE SCHEDULES OF THE CITY OF
PICKERINGTON INTO ONE COMPLETE GENERAL FEE SCHEDULE,” Third Reading,
Smith. Mr. Smith moved to adopt; Mr. Fix seconded the motion. Mr. Smith stated that Finance made the
corrections that Council requested. Roll
call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. Fix, Mrs. Riggs, Mrs.
Hammond, Mr. Sabatino and Mr. Smith voting "Yea." Motion
passed, 7-0.
B. ORDINANCE
2007-40, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $393,000 OF
REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING
REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF
CONSTRUCTING (I) STREET IMPROVEMENTS ON HILL ROAD AND BLACKLICK-EASTERN ROAD,
INCLUDING WIDENING STREETS, CONSTRUCTING SIDEWALKS, CURBS AND GUTTERS AND
INSTALLING TRAFFIC CONTROL DEVICES, AND (II) STREET IMPROVEMENTS KNOWN AS THE
HILL ROAD CONNECTOR, INCLUDING CONSTRUCTING STREETS, SIDEWALKS, CURBS AND
GUTTERS,” Third Reading, Smith.
Mr. Smith moved to adopt; Mr. Fix
seconded the motion. Mr. Hackworth
stated that these are TIF notes and some of these TIF's are struggling. Roll call was taken with Mr. Hackworth, Mr.
Smith, Mr. Wisniewski, Mr. Sabatino, Mrs. Hammond, Mrs. Riggs, and Mr. Fix
voting "Yea." Motion passed, 7-0.
C. ORDINANCE
2007-41, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $2,200,000
OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING
REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF
CONSTRUCTING STREET IMPROVEMENTS IN THE WINDMILLER/DILEY AREAS, INCLUDING
CONSTRUCTING WIDENING AND TURN LANE IMPROVEMENTS FOR STATE ROUTE 256 TO
ESTABLISH AN EXIT POINT FOR THE REALIGNMENT OF DILEY ROAD,” Third Reading,
Smith. 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.
D. ORDINANCE
2007-42, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $218,750 OF
REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING
REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF
CONSTRUCTING STREET AND TRAFFIC SIGNAL IMPROVEMENTS IN THE STATE ROUTE
256/STONECREEK DRIVE AREA,” Third Reading, Smith. 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.
E. ORDINANCE
2007-43, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $445,000 OF
REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING
REVENUE NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF
CONSTRUCTING STREET IMPROVEMENTS IN THE CYCLE WAY AREA ,” Third Reading,
Smith.
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. Motion passed, 7-0.
10. OTHER BUSINESS: No other business was brought forward.
11. MOTIONS: Mr. Smith moved for Executive Session
under Section 121.22(G)(2), Conference with law director regarding purchase or
sale of public property; Mr. Wisniewski
seconded the motion. Roll call was taken with Mr. Wisniewski, Mr.
Hackworth, Mrs. Hammond, Mr. Smith, Mr. Fix, Mrs. Riggs, and Mr. Sabatino
voting “Yea.” Motion passed, 7-0.
Council adjourned into Executive Session at 9:55 P.M., and
reconvened in open session at 10:03 P.M.
12. ADJOURNMENT. There
being nothing further, Mr. Fix moved to adjourn; Mrs. Riggs 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 10:04 P.M., August
7, 2007.
RESPECTFULLY SUBMITTED:
_______________________________
Stacey L. Bashore, Deputy Municipal Clerk
ATTEST:
_______________________________
David Shaver, Mayor