PICKERINGTON CITY COUNCIL

TUESDAY, JULY 15, 2008

CITY HALL, 100 LOCKVILLE ROAD

 

PUBLIC HEARING

7:20 P.M.

 

 

OPEN DISCUSSION REGARDING PROPOSED REZONING OF PROPERTIES LOCATED AT 430, 450, AND 460 HILL ROAD NORTH FROM

R-6 (RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL)

 

 

Mayor O’Brien opened the public hearing at 7:20 P.M. with the following members present:  Mrs. Sanders, Mr. Fix, Mr. Smith, Mr. Sauer, Mrs. Hammond, Mr. Sabatino, and Mayor O’Brien.  Others present were:  Tim Hansley, Lynda Yartin, Commander Steve Annetts, Joe Henderson, Phil Hartmann, Ed Drobina, Rex Myer, Rachel Scofeld, Carol Carter, and others. 

 

Mayor O’Brien stated this Public Hearing was to hear any comments either for or against the proposed rezonings.   

 

Mr. Henderson stated these property owners are requesting a rezoning from residential to commercial.  He stated on May 13, 2008, the Planning and Zoning Commission approved the rezoning and on June 12, 2008, Service Committee recommended approval as well.  Mr. Henderson stated both Planning and Zoning and Service Committee approved the request with the condition that the current owners shall utilize the subject properties as a residential use until such time as it is converted to a commercial use.  Mr. Smith clarified this was the only condition set forth on the rezoning. 

 

Mayor O’Brien ascertained there were no further comments either for or against the proposed rezoning. 

 

There being nothing further, Mayor O’Brien closed the public hearing at 7:22 P.M., July 15, 2008.

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

________________________________

Mitch O’Brien, Mayor

 

PICKERINGTON CITY COUNCIL

TUESDAY, JULY 15, 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, July 15, 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. Sabatino, Mrs. Sanders, and Mayor O’Brien were present.  Mr. Wisniewski was absent.  Others present were: Tim Hansley, Lynda Yartin, Linda Fersch, Ed Drobina, Commander Steve Annetts, Phil Hartmann, Nick LaTorre, Miriam Segaloff, Rachel Scofeld, Susan Beery, Earl Beery, Harry Myer, Larry Jones, Carol Carter, and others. 

 

2.         APPROVAL OF MINUTES OF JULY 1, 2008, REGULAR MEETING.  Mr. Sabatino moved to approve; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Smith, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0. 

 

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

 

4.      COMMUNITY COMMENTS: 

 

A.        Carol Carter, Pickerington.  Mrs. Carter stated she would like to address the issue of the refuse collection contract.  She stated she was aware that Safety Committee was discussing rebidding the refuse collection contract.  She stated she understood that Waste Management does a dirty Murf and we have recycle bins right now.  She stated she also understood our community was part of a solid waste district.  Mrs. Carter stated she has heard the argument that people do not want to be forced to recycle and that some residents do not have enough trash to recycle.   She stated she was a part of the test program and she thought that too, but when she did use it she did fill up the 64-gallon container in two weeks.  Mrs. Carter stated she would ask that when Council considers all of this, and if they go forward with rebidding the contract with the possibility of opting out of recycling, would they also consider including the dirty Murf program so we can at least have what we have now. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor O’Brien stated there was one consent agenda item this evening.  Resolution 2008-10R, “A Resolution authorizing the Police Department to apply for the 2008-2009 school year Drug Abuse Resistance Education (DARE) Law Enforcement Grants Program.”  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Sauer, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0.  

 

6.         COMMITTEE REPORTS:   

 

A.        FINANCE COMMITTEE.  Mrs. Hammond stated Finance Committee would be meeting tomorrow evening and she would be happy to answer any questions.   

 

B.         SAFETY COMMITTEE.  Mr. Smith stated Safety Committee held their regular meeting on July 7th and a Special meeting on July 9th.  He stated the main topic of both of those meetings was the refuse collection contract, and at the regular meeting the Committee had also begun a review of the City’s dangerous animal ordinance and reviewed the incident where the young boy was hit by a car crossing S. R. 256.  Mr. Smith stated with regard to that accident, it appears the City has done all that it can do and all of the traffic signals seem to be working, so he did not know that Safety Committee would be asking the City to take any additional action in that incident.  Mr. Smith stated with regard to the refuse collection contract, the Committee was going to recommend that item be removed from the Table this evening and that it be defeated.  He stated he would ask later on in the meeting that Council reject all current bids on the contract and that will open it up so Safety Committee can instruct the City staff to rebid the project based on further guidance provided at their meetings.

 

C.        SERVICE COMMITTEE.  Mayor O’Brien stated the Service Committee meeting last week was rescheduled and they will meet on Thursday, July 17th. 

 

.           REPORTS:

 

A.        MAYOR.  Mayor O’Brien stated he and Mr. Hansley, along with the City’s engineering staff, met with the City of Columbus to discuss the roadways along our common borders.  He stated it was a very productive meeting and they have asked to meet periodically to keep each other in the loop about projects in that area. 

 

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

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would request three readings on the appropriation ordinance on tonight’s agenda regarding the culvert replacement and she would be happy to answer any questions.     

 

D.        SERVICE MANAGER.  Mr. Drobina stated the ordinance is on tonight’s agenda regarding the Meadows Boulevard culvert replacement and waives competitive bidding, and this ordinance is written as an emergency so we can get started on this project.  Mr. Drobina stated the bid opening for the wastewater treatment plant expansion was held last week.  He stated we received seven bids and that will be discussed at the Service Committee meeting on July 17th.  Mr. Drobina further stated the City did receive $25, 039 from FEMA because of the snow emergency in March, and the Diley Road project is progressing fairly well. 

 

E.         CITY MANAGER.  Mr. Hansley stated he did not submit a written report, but he would be happy to answer any questions.  He stated further the Administrative Assistant in the Planning and Zoning Department has submitted her resignation, and that job will not be filled due to the hiring freeze.  Mr. Smith questioned if we knew the status of the annexation on the water treatment plant property, and Mr. Hartmann stated he has filed the matter with the County Commissioners.  He stated there were a couple of issues with respect to some of the Exhibits so it has been refilled with the appropriate exhibits.  Mr. Smith further questioned the status of the annexation of the swimming pool property.  Mr. Hansley stated we were waiting to start that procedure until we have completed the annexation of the water plant property, and he hoped we would start that process in the late fall or early winter. 

 

8.         PROCEDURAL READINGS:

 

            A.        ORDINANCE 2008-47, “AN ORDINANCE APPROVING THE REZONING OF PROPERTIES LOCATED AT 430 (0.68 ACRES), 450 (1.0 ACRES), AND 460 (0.908 ACRES) HILL ROAD NORTH FROM R-6 (RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL),” First Reading, Service Committee.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Mrs. Hammond stated a public hearing was held on this item earlier this evening.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            B.         ORDINANCE 2008-48, “AN ORDINANCE WAIVING COMPETITIVE BIDDING, AUTHORIZING THE CITY MANAGER TO PROCURE ALL NECESSARY MATERIALS AND LABOR TO REPAIR A CULVERT AND DECLARING AN EMERGENCY,” First Reading, Council.  Mr. Fix moved to waive committee action and to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Sabatino, Mr. Sauer, and Mr. Smith voting “Yea.”  Motion passed, 6-0.  Mr. Fix moved to suspend the rules for the purpose of three readings; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Smith, Mrs. Sanders, Mr. Sabatino, Mr. Fix, and Mrs. Hammond 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 Mr. Smith, Mr. Fix, Mrs. Sanders, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 6-0.  Third Reading, with emergency.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Smith, Mr. Fix, Mr. Sabatino, Mrs. Hammond, and Mrs. Sanders voting “Yea.”  Motion passed, with emergency, 6-0. 

 

            C.        ORDINANCE 2008-49, “AN ORDINANCE AMENDING THE 2008 APPROPRIATION, ORDINANCE 2007-85,” First Reading, Council.  Mr. Fix moved to waive committee action and to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Sauer, and Mr. Fix voting “Yea.”  Motion passed, 6-0.  Mr. Fix moved to suspend the rules for the purpose of three readings; Mr. Smith seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Sabatino, Mr. Smith, Mr. Sauer, Mr. Fix, and Mrs. Sanders 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 Mr. Fix, Mrs. Sanders, Mr. Sauer, Mr. Sabatino, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Smith, Mr. Sabatino, Mrs. Hammond, Mrs. Sanders, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

D.        RESOLUTION 2008-10R, “A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO APPLY FOR THE 2008-2009 SCHOOL YEAR DUG ABUSE RESISTANCE EDUCATION (DARE) LAW ENFORCEMENT GRANTS PROGRAM,” First Reading, Safety Committee.  Mr. Fix moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Sauer, Mr. Fix, Mr. Smith, Mrs. Hammond, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0.   (CONSENT AGENDA ITEM)

 

            E.         ORDINANCE 2008-40, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WASTE MANAGEMENT OF OHIO, INC., TO GRANT AN EXCLUSIVE RESIDENTIAL LICENSE FOR GARBAGE COLLECTION,” Second Reading, Safety Committee.  (TABLED, 07/01/08)  Mr. Smith moved to remove from the Table; Mr. Sabatino seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, and Mrs. Sanders voting “Yea.”  Motion passed, 6-0.  Mr. Smith moved to adopt; Mr. Sabatino seconded the motion.  Mr. Smith stated Safety Committee is urging each member of Council to vote against this ordinance to allow us to begin the process of rebidding.  Mrs. Sanders stated she would like to make it clear to the community that we are not giving up on recycling.  Roll call was taken with Mr. Fix, Mr. Sauer, Mrs. Sanders, Mrs. Hammond, Mr. Sabatino, and Mr. Smith voting “Nay.”  Motion failed, 0-6. 

 

            F.         ORDINANCE 2008-45, “AN ORDINANCE TO AMEND THE CITY OF PICKERINGTON PERSONNEL POLICY AND PROCEDURES MANUAL TO ACCOMMODATE CHANGES IN CIVIL SERVICE INITIATED BY HOUSE BILL 187 AND TO INCORPORATE AN E-MAIL POLICY AND OTHER TECHNICAL CHANGES,” Second Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Smith, Mr. Fix, Mrs. Sanders, Mrs. Hammond, Mr. Sabatino, and Mr. Sauer voting “Yea.”  Motion passed, 6-0. 

 

            G.        ORDINANCE 2008-46, “AN ORDINANCE AMENDING SECTION 882.17 OF THE PICKERINGTON CODIFIED ORDINANCES TO PROVIDE A ONE HUNDRED PERCENT (100%) CREDIT ON THE FIRST ONE AND ONE-HALF PERCENT (1.5%) OF INCOME TAXES PAID TO ANOTHER MUNICIPALITY FOR THE INCOME TAX LIABILITY INCURRED UNDER CHAPTER 882, FROM A FIFTY PERCENT (50%) CREDIT ON THE LOWER OF THE TWO APPLICABLE TAX RATES ON THE INCOME TAXES PAID TO ANOTHER MUNICIPALITY,” Second Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sauer and Mr. Sabatino voting “Nay,” and Mr. Fix, Mrs. Sanders, Mr. Smith, and Mrs. Hammond voting “Yea.”  Motion passed, 4-2.   

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2008-39, “AN ORDINANCE AUTHORIZING THE DISPOSITION OF A VEHICLE IN THE POSSESSION OF THE CITY OF PICKERINGTON POLICE DEPARTMENT PURSUANT TO COURT ORDER,” Third Reading, Safety Committee.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Smith Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

            B.         ORDINANCE 2008-41, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ROBINSON PIPE CLEANING COMPANY FOR THE SANITARY SEWER MAINTENANCE/REPAIR PROJECT IN THE OLDE PICKERINGTON VILLAGE,” Third Reading, Service Committee.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Smith, Mr. Sabatino, Mrs. Hammond, Mrs. Sanders, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            C.        ORDINANCE 2008-42, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPLY FOR, ACCEPT, AND ENTER INTO A WATER POLLUTION CONTROL LOAN FUND AGREEMENT ON BEHALF OF THE CITY OF PICKERINGTON, OHIO, FOR PLANNING, DESIGN AND/OR CONSTRUCTION OF WASTEWATER FACILITIES; AND DESIGNATING A DEDICATED REPAYMENT SOURCE FOR THE LOAN,” Third Reading, Service Committee.  Mrs. Hammond moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

            D.        ORDINANCE 2008-43, “AN ORDINANCE AMENDING SECTION 882.03 OF THE PICKERINGTON CODIFIED ORDINANCES TO INCREASE THE INCOME TAX RATE FROM ONE PERCENT (1%) TO TWO PERCENT (2%) PER ANNUM AND TO PLACE THIS AMENDMENT BEFORE THE ELECTORS AT THE GENERAL ELECTION ON NOVEMBER 4, 2008,” Third Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sauer and Mr. Sabatino voting “Nay,” and Mr. Fix, Mrs. Sanders, Mrs. Hammond, and Mr. Smith voting “Yea.”  Motion passed, 4-2. 

 

            E.         RESOLUTION 2008-08R, “A RESOLUTION ACCEPTING THE AMENDMENT TO THE SOLID WASTE MANAGEMENT PLAN BY THE COSHOCTON FAIRFIELD LICKING PERRY SOLID WASTE DISTRICT,” Third Reading, Safety Committee.  Mr. Smith moved to adopt; Mr. Fix seconded the motion.  Roll call was taken with Mr. Sauer, Mr. Smith, Mr. Sabatino, Mrs. Hammond, Mrs. Sanders, and Mr. Fix voting “Yea.”  Motion passed, 6-0. 

 

            F.         RESOLUTION 2008-09R, “A RESOLUTION TO PLACE THE ISSUE OF INCREASING THE MUNICIPAL INCOME TAX BY ONE PERCENT (1%) PER ANNUM AS PROVIDED BY ORDINANCE NO. 2008-37, ON THE BALLOT AT THE GENERAL ELECTION ON NOVEMBER 4, 2008, AND DIRECTING THE BOARDS OF ELECTIONS FOR FAIRFIELD AND FRANKLIN COUNTIES TO CONDUCT SUCH ELECTIONS,” Third Reading, Finance Committee.  Mrs. Hammond moved to adopt; Mr. Smith seconded the motion.  Roll call was taken with Mr. Sauer and Mr. Sabatino voting “Nay,” and Mrs. Sanders, Mr. Fix, Mr. Smith, Mrs. Hammond, voting “Yea.”  Motion passed, 4-2. 

 

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

 

11.       MOTIONS: 

 

            A.        MR. SMITH MOVED THAT PURSUANT TO THE TRASH CONTRACT NOTICE TO BIDDERS DATED MAY 8, 2008, COUNCIL HEREBY REJECTS ALL BIDS; MR. SAUER SECONDED THE MOTION.  Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Smith, Mrs. Hammond, Mr. Sauer, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

12.       ADJOURNMENT.  There being nothing further, Mr. Smith moved to adjourn; Mrs. Hammond seconded the motion.  Mrs. Sanders, Mr. Fix, Mr. Sauer, Mr. Smith, Mr. Sabatino, and Mrs. Hammond voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:10 P.M., July 15, 2008. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, Municipal Clerk

 

 

ATTEST:

 

 

 

_______________________________

Mitch O’Brien, Mayor