PICKERINGTON CITY COUNCIL

TUESDAY, FEBRUARY 5, 2008

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, February 5, 2008, at City Hall.  Mayor O’Brien called the meeting to order at 7:30 P.M.  Roll call was taken as follows:  Mr. Fix, Mr. Sauer, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, Mrs. Sanders, and Mayor O’Brien were present.  Mr. Sabatino was absent due to illness.  Others present were: Tim Hansley, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Phil Hartmann, Ed Drobina, Nick LaTorre, Rachel Scofeld, Carol Carter, Randy Navaroli, Pastor April Thoms, Mike Orlando, Tony Barletta, Terry Weltlich, Scyld Anderson, and others.  Pastor Thoms, of Catalyst Church delivered the invocation. 

 

2.         A.        APPROVAL OF MINUTES OF JANUARY 15, 2008, PUBLIC HEARING REGARDING JEDD.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Wisniewski, Mr. Smith, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0.

 

B.         APPROVAL OF MINUTES OF JANUARY 15, 2008, PUBLIC HEARING REGARDING NON-RESIDENTIAL DESIGN STANDARDS.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mr. Sauer, Mrs. Hammond, Mrs. Sanders, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

C.        APPROVAL OF MINUTES OF JANUARY 15, 2008, REGULAR MEETING.  Mr. Smith moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mrs. Hammond, Mr. Smith, Mr. Fix, and Mrs. Sanders, voting “Yea.”  Motion passed, 6-0. 

 

3.         APPROVAL OF AGENDA.  Mr. Wisniewski moved to approve; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0. 

 

4.                  COMMUNITY COMMENTS: 

 

            A.         Mr. Michael Orlando, Director of Job and Family Services, Fairfield County.  Mr. Orlando stated he was present this evening to address the upcoming Protective Services Levy.  Mr. Orlando stated this levy is intended to provide protective services for children and the elderly in Fairfield County from abuse and neglect.  Mr. Orlando distributed a brochure and stated more information regarding the Fairfield County Protective Services Levy can be obtained at www.VOTEtoPROTECT.org.  

 

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

 

6.         COMMITTEE REPORTS:   

 

A.        FINANCE COMMITTEE.  Mrs. Hammond stated Finance Committee met on January 16th, and several items from that meeting are on tonight’s agenda.  She stated she would answer any questions anyone might have. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor O’Brien stated the Monthly Mayor’s Court Report has been distributed.  Mayor O’Brien stated further the continuation of the public hearing on the JEDD was held last week as well as a work session on the Diley Road Corridor Study.  He stated both were well attended and he would like to thank everyone for their attendance and participation.  He further stated he had attended the Central Ohio Mayors and Managers meeting with Mr. Hansley and also the Chamber of Commerce annual dinner. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated Ordinance 2008-08, is the final purchase for the Diley Road acquisitions for the northern terminus from William Lane and that will finalize all of the settlements relating to those acquisitions.  Mr. Hartmann stated he would request an Executive Session at the end of the meeting to discuss pending or imminent court action. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she has three appropriations on tonight’s agenda and she would request three readings on each of them this evening.  Mrs. Fersch stated she would be happy to answer any questions.  

 

D.        SERVICE MANAGER.  Mr. Drobina stated he had no report this evening but he would be happy to answer any questions. 

 

E.         CITY MANAGER.  Mr. Hansley his written report had been distributed and he would be happy to answer any questions.  Mr. Hansley stated Ordinance 2008-14, proposing the purchase of the privately owned swimming club, is written with a councilmanic waiver of committee action and he would request three readings this evening.  He stated this would allow him to complete the negotiations, set up the closing, and get into the business of selling memberships yet this year.           

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2008-09, “APPROPRIATION FOR REPAYMENT OF ADVANCE OF FUNDS IN THE 2008 BUDGET, ORDINANCE 2007-85,” First Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 6-0.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Sauer, Mr. Smith, Mr. Wisniewski, and Mr. Fix voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Wisniewski, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            B.         ORDINANCE 2008-10, “APPROPRIATION FOR REPAYMENT OF ADVANCE OF FUNDS IN THE 2008 BUDGET, ORDINANCE 2007-85,” First Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 6-0.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mr. Smith, Mrs. Sanders, Mr. Fix, and Mrs. Hammond voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Fix, Mr. Sauer, Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, and Mr. Smith voting “Yea.”  Motion passed, 6-0. 

 

            C.        ORDINANCE 2008-11, “AN ORDINANCE AMENDING THE 2008 APPROPRIATION, ORDINANCE 2007-85,” First Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Smith, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 6-0.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Smith, Mr. Sauer, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Sanders, Mr. Sauer, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            D.        ORDINANCE 2008-12, “AN ORDINANCE GRANTING AN EXEMPTION TO THE APPLICABILITY OF THE IMPACT FEE ORDINANCE TO THE PICKERINGTON LOCAL SCHOOL DISTRICT FOR THEIR SYCAMORE CREEK ELEMENTARY SCHOOL 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, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Mrs. Hammond stated our impact fee ordinance does specifically allow for exemptions to schools.  Roll call was taken with Mr. Fix, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 6-0.  

 

            E.         ORDINANCE 2008-13, “AN ORDINANCE CONCURRING IN THE MAYOR’S APPOINTMENT OF TIMOTHY HANSLEY TO THE POSITION OF INTERIM CITY MANAGER AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO HAVE THIS ESSENTIAL POSITION STAFFED UNTIL THE APPOINTMENT OF A PERMANENT CITY MANAGER,” First Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Mrs. Hammond stated this ordinance basically formalizes the motion previously made by Council concurring in the appointment of Mr. Hansley as Interim City Manager and provides for a salary increase while he is filling that position.  Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 6-0.  Mrs. Hammond moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mr. Smith, Mrs. Sanders, Mr. Fix, and Mrs. Hammond voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0.  Third Reading, with emergency.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mrs. Sanders voting “Yea.”  Motion passed, with emergency, 6-0. 

 

            F.         ORDINANCE 2008-14, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO FORMAL NEGOTIATIONS AND EXECUTE AN AGREEMENT FOR THE PURCHASE OF CERTAIN RECREATIONAL PROPERTY,” First Reading, Sanders.  Mrs. Sanders moved to adopt; Mr. Fix seconded the motion.  Mrs. Sanders stated this authorizes the purchase of the Swim Club pool and she would be requesting three readings this evening.  Mr. Sauer clarified there would be no General Fund subsidy for the pools operating budget, it will be self-funding.  He stated as long as that is the case, in terms of fiscal responsibility of the pool, he concurred with this purchase.  Mr. Smith stated he concurred with Mr. Sauer, and while it remains to be seen if it will make a profit, not a penny of tax money is going into this.  He stated this is all being paid for out of impact fees and he would like to thank the staff for putting that package together.  Mrs. Sanders stated she would like to thank the Watrose family for allowing the City the opportunity to purchase this property and keep it in our community.  Roll call was taken with Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Smith, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 6-0.  Mrs. Sanders moved to suspend the rules for the purpose of three readings; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Smith, Mr. Sauer, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mrs. Sanders moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Sanders, Mr. Sauer, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mrs. Sanders moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Smith, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            G.        ORDINANCE 2008-02, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT FOR THE ZANE TRACT COMMERCIAL SUBDIVISION,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion.  Mr. Wisniewski stated this agreement with the developer on this property allows us to use our imminent domain powers to take some right-of-way needed for a road that is to be developed through that area.  Roll call was taken with Mrs. Sanders, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            H.        ORDINANCE 2008-03, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR THE ZANE TRACT COMMERCIAL SUBDIVISION,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            I.          ORDINANCE 2008-04, “AN ORDINANCE AMENDING CHAPTERS 1270.07, 1272.07, 1278, 1280, 1290, 1296.01, 1296.08, AND APPENDICES I AND IV OF THE PICKERINGTON CODIFIED ORDINANCES FOR THE PURPOSE OF IMPLEMENTING THE REVISED NON-RESIDENTIAL DESIGN STANDARDS,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion.  Mr. Wisniewski stated these are our commercial design guidelines and he would like to commend staff and the Planning and Zoning Commission on doing an excellent job on this project.  Roll call was taken with Mr. Fix, Mr. Wisniewski, Mrs. Sanders, Mr. Sauer, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0. 

 

            J.          ORDINANCE 2008-05, “AN ORDINANCE AMENDING SECTION 1050.04 OF THE PICKERINGTON CODIFIED ORDINANCES REGARDING NONPAYMENT OF WATER SERVICES,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion.  Mr. Wisniewski stated this cleans up our Code and clarifies that the turning on of water service that has been turned off will be done during normal business hours, and while it is not in the ordinance, the Utility Department has agreed they will not turn water off over holidays or weekends.  Roll call was taken with Mrs. Sanders, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            K.        ORDINANCE 2008-06, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FAIRFIELD COUNTY REGARDING THE PROVISION OF UTILITY SERVICES AND THE RELOCATION OF EXISTING UTILITY LINES IN AND AROUND THE STONECREEK DEVELOPMENT,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Sanders, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            L.         ORDINANCE 2008-08, “AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.569 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, PRESENT ROAD OCCUPYING 0.290 OF THE INTEREST, FROM WILLIAM M. LANE AND SARAH CRABTREE LANE, TRUSTEES, LOCATED IN THE CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” Second Reading, Service Committee.  Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion.  Mr. Wisniewski stated this is regarding the northern terminus of Diley Road that Mr. Hartmann spoke to earlier.  Roll call was taken with Mrs. Sanders, Mr. Smith, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

9.         LEGISLATIVE READINGS:  NONE

 

10.       OTHER BUSINESS:

 

11.       MOTIONS: 

 

            A.        Mr. Smith moved for Executive Session under Section 121.22(G)(3), conference with law director regarding pending or imminent court action; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Sauer, Mr. Smith, Mr. Wisniewski, and Mrs. Hammond voting ‘Yea.”  Motion passed, 6-0. 

 

Council adjourned into Executive Session at 8:05 P.M., and reconvened in open session at 8:35 P.M.

 

12.       ADJOURNMENT.  There being nothing further, Mr. Smith moved to adjourn; Mr. Fix seconded the motion.  Mrs. Hammond, Mr. Sauer, Mr. Smith, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:37 P.M., February 5, 2008. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

Mitch O’Brien, Mayor