PICKERINGTON CITY COUNCIL
TUESDAY,
JULY 1, 2003
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, July 1, 2003, at City Hall. Mayor Postage called the meeting to order at 7:30 P.M. Roll call was taken as follows: Mr. Wright, Mr. Fox, Mr. Shaver, Mr. Maxey, Mr. Parker, Mr. Sabatino, Mrs. Riggs, and Mayor Postage were present. No members were absent. Others present were: Lynda Yartin, Linda Fersch, Commander Mike Taylor, Bob Mapes, Jeff Kraus, Mike Maurer, Jennifer Wray, Rick Palsgrove, Tony Barletta, George Hallenbrook, Linda Fasnaugh, Ted Hackworth, Rita Ricketts, John Ricketts, Bob Harding, Stephanie Brobst, Ray George, Aisa French, and others.
2. APPROVAL OF MINUTES OF JUNE 17, 2003, REGULAR MEETING. Mr. Wright moved to approve; Mr. Fox seconded the motion. Roll call was taken with Mr. Parker abstaining, and Mr. Sabatino, Mr. Maxey, Mr. Wright, Mr. Fox, Mr. Shaver, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
3. APPROVAL OF AGENDA. Mr. Fox moved to approve; Mr. Wright seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. Shaver, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting “Yea.” Motion passed, 7-0.
4. COMMUNITY COMMENTS:
A. Mrs. Rita Ricketts, 340 Hill Road N. Mrs. Ricketts stated her comments tonight were related to a Board of Zoning Appeals meeting she had attended last Thursday. Mrs. Ricketts stated she was informed at that time that the plans for the condos by Portrait Homes was approved back when the lot split occurred, and that was prior to the effective date of the density restrictions that were voted in by the voters. Mrs. Ricketts stated, however, at the BZA meeting last Thursday they were still considering changes in the plat. She continued they considered a change in the setback from 40 feet to 25 feet based on the fact that this had the same effect as a planned development, and, therefore, it was perfectly okay to reduce the setbacks to 25 feet. Mrs. Ricketts stated this was not a planned development, if it had been it would have presented to the public for comment long before they asked for the variance. She stated her point was, the final plat on Portrait Homes was not finalized before the effective date of the initiative because it was just finalized last Thursday night with a change in the setback. Mrs. Ricketts further stated she did not feel this was anyone’s problem except the administration. She further stated she doubted that Council even knew this was happening, and if they were aware of it, they may not know the ruling on it. She stated she understood Mr. Mapes had issued a ruling stating this was okay, however, she still stated they changed the final plat just last Thursday night. Mrs. Ricketts stated if Council concurred this was indeed the proper was to go then they were as guilty as the administration of violating the initiative.
Mayor Postage asked Mr. Mapes to review this issue and provide a response to him.
5. APPROVAL OF CONSENT AGENDA: There were no Consent Agenda items.
6. COMMITTEE REPORTS:
A. FINANCE COMMITTEE. Mr. Wright stated Finance Committee met on June 16th and the minutes had been distributed. Mr. Wright stated he would answer any questions.
B. SERVICE COMMITTEE. Mr. Parker stated Service had met on June 19th, and those minutes had also been distributed. Mr. Parker stated several individuals from the Community First organization had attended and provided several good ideas and comments that have been forwarded to the Mayor. He further stated they had received an update on the waterlines going into the Pearl and Florence Lane area. Mr. Parker stated he would answer any questions.
7. REPORTS:
A. MAYOR. Mayor Postage stated he had met with the firm working on the joint development regulations. He stated a working group of technical people is now in place and they will begin sitting down and trying to put together and create a common document for both entities. Mayor Postage stated further they will be looking at the development and zoning regulations and clarifying some of those regulations. Mayor Postage stated he had also met with Mr. Dunlap to talk over Township and City items. Mayor Postage stated he had also met with the State Director of the MRDD to talk over some handicapped and disability acts and things we might be able to do to help people in that situation. He also stated he had attended the opening ceremonies for the Relay for Life and it was very impressive. Mayor Postage stated the Monthly Mayor’s Court Report had been distributed. Mayor Postage presented a Proclamation declaring July 2003 as Recreation and Parks Month.
B. LAW DIRECTOR. Mr. Mapes stated he had nothing to report, but would answer any questions.
C. FINANCE DIRECTOR. Mrs. Fersch stated as she has been appointed a member of the Board of Health by Mayor Postage she will be involved in interviews this week for a Health Commissioner.
D. MANAGER. Mayor Postage stated Mrs. Bushman was on vacation this week, however, her report had been distributed.
8. PROCEDURAL READINGS:
A. ODINANCE 2003-58, “AN ORDINANCE AMENDING ORDINANCE 2003-47, RELATIVE TO A GROWTH MANAGEMENT PLAN, TO SET A DIFFERENT EFFECTIVE DATE AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO PREVENT THE STOCKPILING OF BUILDING PERMITS IN THE PERIOD PRIOR TO THE CURRENT EFFECTIVE DATE OF AUGUST 1, 2003, WHICH STOCKPILING WILL IMPEDE THE OPERATION OF THE MORATORIUM WHEN IT BECOMES EFFECTIVE AND WILL THREATEN THE PROPERTY VALUE OF CITIZENS OF THE COMMUNITY AND THE QUALITY OF LIFE IN THE COMMUNITY,” First Reading, Shaver. Mr. Shaver moved to adopt; Mrs. Riggs seconded the motion. Mr. Shaver stated this is necessary in order to make sure that when the moratorium does go into effect that it will have some effectiveness. He stated otherwise there will be so many building permits stockpiled that it will be a meaningless ordinance because of the number of permits already issued. Mr. Shaver stated there are arguments that this will somehow harm the possibility of a Community Authority, and there was nothing in this ordinance that prohibits the Community Authority being offered at any time. Mr. Shaver stated he would be asking that this be passed this evening with three readings and as an emergency. Mr. Parker stated he felt by passing this tonight it would definitely kill the Community Authority, however, by doing one reading this evening it would put the BIA on notice that they need to get this thing ready to go. Mayor Postage stated he understood the final document is being put together now and would meet the requirements of the ordinance. Roll call was taken with Mr. Parker, Mr. Wright, and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Maxey, Mr. Fox, and Mr. Shaver voting “Yea.” Motion passed, 4-3. Mr. Shaver moved to suspend the rules for the purpose of three readings; Mr. Fox seconded the motion. Roll call was taken with Mr. Wright, Mr. Parker, and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Shaver, Mr. Fox, and Mr. Maxey voting “Yea.” Suspension of rules failed, 4-3.
B. ORDINANCE 2003-62, “AN ORDINANCE AMENDING THE 2003 APPROPRIATION ORDINANCE, 2002-142,” First Reading, Wright. Mr. Wright moved to adopt; Mr. Fox seconded the motion. Mr. Wright stated there were three items on this appropriation ordinance and one of the most important was an appropriation for income tax refunds as the Finance Department has exhausted their current appropriation for refunds. Mr. Wright stated he would ask for two readings this evening. Roll call was taken with Mr. Sabatino, Mr. Shaver, Mr. Wright, Mr. Fox, Mr. Parker, Mrs. Riggs, and Mr. Maxey voting “Yea.” Motion passed, 7-0. Mr. Wright moved to suspend the rules for the purpose of a second reading; Mr. Fox seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Maxey, Mr. Fox, Mr. Wright, Mr. Shaver, and Mr. Sabatino voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mr. Wright moved to adopt; Mr. Fox seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. Shaver, Mr. Fox, Mr. Parker, Mr. Sabatino, and Mr. Maxey voting “Yea.” Motion passed, 7-0.
C. ORDINANCE 2003-63, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $350,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF ACQUIRING, CONSTRUCTING, EQUIPPING, AND FURNISHING A POLICE BUILDING,” First Reading, Wright. Mr. Wright moved to adopt; Mr. Fox seconded the motion. Mr. Wright stated this is the renewal of notes on the Police Building. Roll call was taken with Mr. Maxey, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Fox, and Mr. Shaver voting “Yea.” Motion passed, 7-0.
D. ORDINANCE 2003-54, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE PROPOSAL OF SERVICE SUPPLY, LTD. INC., FOR MODULAR SKATE PARK EQUIPMENT,” Second Reading, Fox. Mr. Fox moved to adopt; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Wright, Mr. Shaver, Mrs. Riggs, Mr. Maxey, Mr. Parker, Mr. Sabatino, and Mr. Fox voting “Yea.” Motion passed, 7-0.
E. ORDINANCE 2003-55, “AN ORDINANCE AMENDING ORDINANCE 2003-33 (AN ORDINANCE TO ENACT STANDARDS FOR THE PRESERVATION OF TREES AND WOODED AREAS),” Second Reading, Sabatino. Mr. Sabatino moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. Shaver, Mr. Fox, Mr. Parker, Mr. Sabatino, and Mr. Maxey voting “Yea.” Motion passed, 7-0.
F. ORDINANCD 2003-56, “AN ORDINANCE TO ENACT CHAPTER 822 OF THE PICKERINGTON CODIFIED ORDINANCES TO REGULATE MASSAGE SERVICES,” Second Reading, Sabatino. Mr. Sabatino moved to adopt; Mr. Fox seconded the motion. Roll call was taken with Mr. Shaver, Mr. Maxey, Mrs. Riggs, Mr. Fox, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0.
G. ORDINANCE 2003-57, “AN ORDINANCE TO AMEND SECTION 278.02 OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO THE INCREASE OF MEMBERSHIP FOR THE TREE COMMISSION,” Second Reading, Fox. Mr. Fox moved to adopt; Mr. Sabatino seconded the motion. Roll call was taken with Mr. Wright, Mr. Shaver, Mrs. Riggs, Mr. Maxey, Mr. Parker, Mr. Sabatino, and Mr. Fox voting “Yea.” Motion passed, 7-0.
H. ORDINANCE 2003-59, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SHELLY COMPANY FOR THE 2003 ANNUAL STREET IMPROVEMENT/REPAVING PROJECT,” Second Reading, Maxey. Mr. Maxey moved to adopt; Mr. Parker seconded the motion. Roll call was taken with Mr. Shaver, Mr. Maxey, Mrs. Riggs, Mr. Fox, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0.
I. ORDINANCE 2003-60, “AN ORDINANCE AUTHORIZING COOPERATIVE AGREEMENT FOR PLANNING OF A SEWER PROJECT BETWEEN THE CITY OF PICKERINGTON AND THE OHIO WATER DEVELOPMENT AUTHORITY,” Second Reading, Wright. Mr. Wright moved to adopt; Mr. Fox seconded the motion. Roll call was taken with Mr. Shaver and Mrs. Riggs voting “Nay,” and Mr. Wright, Mr. Maxey, Mr. Parker, Mr. Sabatino, and Mr. Fox voting “Yea.” Motion passed, 5-2.
J. ORDINANCE 2003-61, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF HICKORY LAKES AND ADJACENT BUCILLA ACREAGE,” Second Reading, Wright. Mr. Wright moved to adopt; Mr. Fox seconded the motion. Mr. Shaver stated he would ask for a motion to table as he felt we were entering into a project without fundamental questions being answered as to the appraised value of the land, how much it will cost us to operate the facility, what is the realistic possibility the land will be turned over to development if we don’t purchase it, and what is the likelihood of us not receiving the funding from the Ohio EPA to complete this project. He stated it was not that he was adverse to the project, it was an aversion to making large decisions with use of a substantial amount of taxpayers money without fundamental questions being answered. He stated to go into a project without knowing how much it will cost us to run it, how our parks and recreation department will absorb the project, or what we can eventually do with it seemed wreckless. Mr. Shaver stated if it passed the second reading tonight, before passing the third reading he would suggest there be a long, serious discussion about the project. Mr. Fox stated he would agree to table the ordinance at the third reading if all the information had not been received. Mrs. Riggs stated she concurred with Mr. Shaver and she questioned if this would create more city jobs, if we would staff this facility with city employees, or would we have a consultant run it. Roll call was taken with Mrs. Riggs and Mr. Shaver voting “Nay,” and Mr. Wright, Mr. Fox, Mr. Parker, Mr. Sabatino, and Mr. Maxey voting “Yea.” Motion passed, 5-2.
K. RESOLUTION 2003-14R, “A RESOLUTION PROVIDING ASSURANCE TO THE OHIO WATER DEVELOPMENT AUTHORITY OF A SOURCE OF LOCAL FUNDS FOR PLANNING IMPROVEMENTS IN THE CITY OF PICKERINGTON,” Second Reading, Wright. Mr. Wright moved to adopt; Mr. Fox seconded the motion. Roll call was taken with Mr. Shaver and Mrs. Riggs voting “Nay,” and Mr. Sabatino, Mr. Wright, Mr. Fox, Mr. Parker, and Mr. Maxey voting “Yea.” Motion passed, 5-2.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2003-49, “AN ORDINANCE AMENDING THE 2003 APPROPRIATION, ORDINANCE 2002-142,” Third Reading, Parker. Mr. Parker moved to adopt; Mr. Fox seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
B. ORDINANCE 2003-50, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO PAY SOUTH CENTRAL POWER COMPANY FOR THE RELOCATION, UNDERGROUND, OF OVERHEAD ELECTRICAL SERVICE LINES FOR THE DOWNTOWN REVITALIZATION PROJECT AND DECLARING AN IMMEDIATE NECESSITY AND EMERGENCY IN THAT THE PROJECT CANNOT PROCEED AS SCHEDULED WITHOUT THE RELOCATION OF THE ELECTRICAL UTILITIES,” Third Reading, Parker. Mr. Parker moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mr. Shaver, Mr. Fox, Mr. Maxey, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, with emergency, 7-0.
C. ORDINANCE 2003-51, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $1,605,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF STREET IMPROVEMENTS, INCLUDING IMPROVING COURTRIGHT AND DILEY ROADS, REALIGNING EAST STREET AND WIDENING STREETS, CONSTRUCTING SIDEWALKS, CURBS AND GUTTERS ON REFUGEE AND HILL ROADS,” Third Reading, Wright. Mr. Wright moved to adopt; Mr. Fox seconded the motion. Roll call was taken with Mr. Fox, Mr. Wright, Mr. Maxey, Mr. Sabatino, Mr. Parker, Mrs. Riggs, and Mr. Shaver voting “Yea.” Motion passed, 7-0.
D. ORDINANCE 2003-52, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH STILSON CONSULTING GROUP, LLC, FOR ENGINEERING SERVICES FOR THE DILEY ROAD IMPROVEMENTS (CIP NUMBERS 03-03-016 AND 04-03-012),” Third Reading, Maxey. Mr. Maxey moved to adopt; Mr. Fox seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
E. ORDINANCE 2003-53, “AN ORDINANCE AMENDING THE 2003 APPROPRIATION, ORDINANCE 2002-142,” Third Reading, Wright. Mr. Wright moved to adopt; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Shaver, Mr. Fox, Mr. Maxey, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, 7-0.
10. MOTIONS: Mr. Shaver stated he may want to make a motion, but he would like an opinion from the law director first. Mr. Shaver stated since the ordinance regarding the effective date of the moratorium did not pass tonight, if it went through two more readings, the effective date would be 30 days after the third reading. Mr. Mapes stated if the ordinance passed the third reading as an emergency, it would be effective that night. Mr. Shaver stated his question was if it passed the third reading, but not as an emergency, it would be effective September 1st and that would give the builders another 30 days. Mr. Shaver stated his fear was that someone would use this ordinance to move the date to September 1st. Mr. Fox stated Mr. Shaver could amend the ordinance to state the date that was the earliest. Mr. Wright stated he did not feel anyone had the desire to move the effective date back, and he would guarantee he would support the August 1st date. Mr. Parker stated he has always maintained that he would support the August 1st date and his vote on this legislation may change by the next council meeting if he did not see any movement by the BIA. Mr. Wright stated further the current ordinance may be in effect by that time as it was tied to 100 closings and we are currently at 92 closings from the beginning of January. Mr. Sabatino stated he would like to assure Mr. Shaver that he has absolutely no intention of honoring anything beyond the date of August 1st. He stated if the BIA does not have anything put together by then, they do not deserve any further consideration. Mrs. Riggs stated she would also support the August 1st date.
Mr. Parker stated the road widening at S.R. 256, underneath the freeway, has been put on a fast track by ODOT to get it moving and he would like to set an open house for the public to review this project. Mr. Parker moved to set an open house for 7:00 P.M., Thursday, July 10, 2003; Mr. Maxey seconded the motion. Mr. Parker stated further that Service Committee would be moved up a week and be held at 7:30 P.M. on Thursday, July 10, 2003. Roll call was taken with Mr. Sabatino, Mr. Fox, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Maxey, and Mrs. Riggs voting “Yea.” Motion passed, 7-0.
11. OTHER BUSINESS: No other business was brought forward.
12. ADJOURNMENT. There being nothing further, Mr. Wright moved to adjourn; Mr. Maxey seconded the motion. Mrs. Riggs, Mr. Shaver, Mr. Wright, Mr. Parker, Mr. Fox, Mr. Sabatino, and Mr. Maxey voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:17 P.M., July 1, 2003.
RESPECTFULLY SUBMITTED:
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ATTEST:
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