PICKERINGTON CITY COUNCIL
CITY HALL, 100 LOCKVILLE ROAD
TUESDAY, FEBRUARY 3, 2009
7:20 P.M.
PUBLIC HEARING
OPEN DISCUSSION REGARDING PROPOSED
REZONING OF PROPERTY LOCATED ON THE NORTHEAST CORNER OF REFUGEE ROAD AND MILNOR
ROAD INTERSECTION (GILLILAN PROPERTY)
1. Call
to Order. Mayor O’Brien opened Public
Hearing at 7:20 P.M.
2. Roll
Call: Roll call was taken with Mrs.
Sanders, Mr. Fix, Mr. Sauer, Mrs. Hammond, Mr. Sabatino, Mr. Wisniewski, and
Mayor O’Brien present. Mr. Smith was
absent. Others present were: Tim Hansley, Lynda Yartin, Lance Schultz,
Chief Mike Taylor, Phil Hartmann, Ed Drobina, Mark Lecuru, Nate Ellis, Rachel Scofield, Devin Reany,
Pastor Con Stevens, and others.
3. Purpose of the Public Hearing: To
hear public comments on the proposed rezoning of the 5.82 +/- acres located at
the northeast corner of the Refugee Road and Milnor Road intersection from C-2
(Limited Commercial – Violet Township) to C-3 (Community Commercial).
4. Presentation
to Council:
A. Mr. Lance Shultz, Planning and Zoning
Director, stated this property is located across the street from the Spring
Creek subdivision, and Planning and Zoning Commission approved the proposed
rezoning in January 2009, and Service Committee approved it in October 2008. Mr. Schultz continued this rezoning follows
the annexation agreement of March 2005, when 362 acres were annexed into the
City, and the owner would like to rezone the property so when the market turns
it will be a marketable site for commercial development.
5. Resident
Questions/Comments: No
questions/comments.
6. Council
Comments/Questions: No
questions/comments.
7. Adjournment. There being nothing further, Mayor O’Brien
closed the public hearing at 7:24 P.M., February 3, 2009.
RESPECTFULLY SUBMITTED:
_______________________________
Lynda D. Yartin, Municipal Clerk
ATTEST:
________________________________
Mitch O’Brien, Mayor
PICKERINGTON CITY COUNCIL
TUESDAY, FEBRUARY 3, 2009
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, February 3, 2009, 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, Mrs.
Hammond, Mr. Wisniewski, Mr. Sabatino, Mrs. Sanders, and Mayor O’Brien were
present. Mr. Smith was absent as he was
out of town on business. Others present
were: Tim Hansley, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Ed Drobina,
Lance Schultz, Phil Hartmann, Pastor Con Stevens, Rachel Scofield, Mark Lecuru,
James Moyer, Devin Reany, Gary Weltlich, Nate Ellis, and others. Pastor Stevens delivered the invocation.
2. A. APPROVAL OF MINUTES OF JANUARY 20, 2009,
PUBLIC HEARING REGARDING RED LIGHT CAMERAS.
Mr. Sabatino moved to approve; Mr. Fix seconded the motion. Roll call was taken with Mr. Sabatino, Mrs.
Hammond, Mr. Wisniewski, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting
“Yea.” Motion passed, 6-0.
B. APPROVAL
OF MINUTES OF JANUARY 20, 2009, REGULAR MEETING. Mr. Fix moved to approve; Mrs. Sanders
seconded the motion. Roll call was
taken with Mr. Sabatino, Mr. Fix, Mr. Sauer, Mrs. Hammond, Mrs. Sanders, and
Mr. Wisniewski voting “Yea.” Motion
passed, 6-0.
3. APPROVAL OF AGENDA. Mrs. Hammond moved to approve; Mr. Fix
seconded the motion. Roll call was
taken with Mr. Wisniewski, Mr. Sauer, Mrs. Hammond, Mr. Fix, Mrs. Sanders, and
Mr. Sabatino voting “Yea.” Motion
passed, 6-0.
4. COMMUNITY
COMMENTS:
A. Mr.
James Moyer, Columbus, Ohio. Mr. Moyer
stated he would like to address the red light cameras that are being proposed
in the City of Pickerington. Mr. Moyer
stated he has created a solution for some of the issues that Pickerington would
be experiencing should they adopt the cameras.
Mr. Moyer stated he has created and written a proposal called the
“Ethical Revenue Initiative,” as he believes the most important responsibility
of any jurisdiction at any level is the maintenance of law and order and the
preservation of public safety. He
stated, however, as long as there is a conflict of interest between the
responsibilities of law enforcement and revenue collection, the
responsibilities of law enforcement and the preservation of safety would be at
odds. He stated his initiative would
prohibit any city from profiting off of red light running, speed camera,
parking tickets, and traffic tickets. He
stated instead any of the revenues that would have gone to the city would be
forced to go to charity instead, and charity to receive the funds would be at
the option of the person who receives the ticket. Mr. Moyer stated the purpose of this
initiative was to recognize that red light cameras may play a role in improving
public safety, however, many residents wonder if that may be done for purposes
of revenue instead of safety, and this initiative takes care of that easily by
denying the city that revenue. Mr. Moyer
stated he would be happy to answer any questions anyone might have.
B. Mr.
Mark Lecuru, Pickerington, Ohio. Mr.
Lecuru stated he would like to address the issue of red light cameras. Mr. Lecuru stated he has been a resident of
the City since 1986 and he is opposed to red light cameras. Mr. Lecuru read a statement into the
record. (Attachment 1 to these minutes)
5. APPROVAL OF
CONSENT AGENDA: Mayor O’Brien stated
there were no consent agenda items.
6. COMMITTEE
REPORTS:
A. SAFETY
COMMITTEE. Mr. Sabatino stated Safety
Committee met on January 21st and had a lengthy discussion regarding
our disturbing the peace issue. He
stated some changes were proposed to that ordinance and it will be dealt with
again at the next Safety meeting.
B. SERVICE
COMMITTEE. Mr. Wisniewski stated Service
Committee also met on January 21st.
He stated three items from that meeting are on the agenda this evening
including the rezoning that was the subject of the public hearing earlier this
evening and the annexation of the City swimming pool into the city limits, and
the annual ordinance for the purchase of water meters.
7. REPORTS:
A. MAYOR. Mayor O’Brien stated the Monthly Mayor’s
Court Report has been distributed. He
stated he had nothing further to report.
B. LAW
DIRECTOR. Mr. Hartmann stated he was not
requesting multiple readings on the swimming pool annexation resolution and he
would be happy to answer any questions.
C. FINANCE
DIRECTOR. Mrs. Fersch stated had no
report this evening.
D. SERVICE
MANAGER. Mr. Drobina stated he had no
report, but would be happy to answer any questions.
E. CITY
MANAGER. Mr. Hansley stated he had
provided a written report and he would answer any questions. Mr. Hansley further stated he would like to
draw everyone’s attention to the Building Department report that was included
in your last Safety Committee packet that indicated on February 9th
we will begin application and inspection requirements for water heaters,
furnaces, air conditioners, windows, siding, and roofing. He stated that is a change to our Code to be
consistent with the State and this information will be posted on the City’s web
site. Mr. Wisniewski stated Mr. Hansley
had reported on a draft ordinance regarding Volunteer Energy and the gas
aggregation program and he would like to know if we were going to do RFQs for
this. Mr. Wisniewski stated if Council
were going to make a decision he would like to see more than one offer since it
is a decision that will be citywide. Mr.
Hansley stated this was an item he was going to be forwarding to Service
Committee for discussion and a decision as to whether they wanted to reach out
to more firms. Mr. Wisniewski stated he
would make a motion on this issue later in the meeting. Mayor O’Brien stated typically when a
resident replaces a hot water heater they just do it, so how would they know to
check the City web site to see if he needed a permit to install it. Mr. Hansley stated we will be working with
the Building Department to find a way to publicize this, and from what he
understands from our Chief Building Official this is a requirement of the State
Code for Certified Building Departments.
Mr. Sabatino inquired if a fee had been determined and Mr. Hansley
stated he would have to follow-up on that.
Mayor O’Brien stated perhaps this is something that can be included on
water bills as well. Mr. Sabatino stated
if a fee is changed or added the City Manager must notify council and if they
do not object it is included on the fee schedule and Mr. Hansley stated that is
correct.
8. PROCEDURAL READINGS:
A. ORDINANCE 2009-03, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEPTUNE EQUIPMENT COMPANY,” First Reading, Service Committee. Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion. Mr. Wisniewski stated this is our annual ordinance to purchase water heaters. Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Sabatino, and Mr. Sauer voting “Yea.” Motion passed, 6-0.
B. ORDINANCE 2009-04, “AN ORDINANCE APPROVING THE REZONING OF 5.82 +/- ACRES (PARCEL ID 0411122200) FROM C-2 LIMITED COMMERCIAL (VIOLET TOWNSHIP) TO C-3 COMMUNITY COMMERCIAL LOCATED AT THE NORTHEAST CORNER OF THE REFUGEE ROAD AND MILNOR ROAD INTERSECTION (GILLILAN LIMITED PARTNERSHIP), First Reading, Service Committee. Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion. Mr. Wisniewski stated this was the subject of the earlier public hearing and he would answer any questions. Roll call was taken with Mr. Sabatino, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.” Motion passed, 6-0.
C. RESOLUTION 2009-03R, “A RESOLUTION AUTORIZING THE PETITION FOR ANNEXATION OF 4.088 ACRES, MORE OR LESS, LOCATED IN VIOLET TOWNSHIP, FAIRFIELD COUNTY, TO THE CITY OF PICKERINGTON (SWIMMING POOL),” First Reading, Service Committee. Mr. Wisniewski moved to adopt; Mrs. Hammond seconded the motion. Roll call was taken with Mr. Sabatino, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mrs. Sanders, and Mr. Sauer voting “Yea.” Motion passed, 6-0.
D. ORDINANCE 2008-90, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR PARTICIPATION IN THE REGIONAL COUNCIL OF GOVERNMENTS FOR THE PURPOSE OF UTILIZING THE REGIONAL INCOME TAX AGENCY TO ADMINISTER AND ENFORCE THE CITY OF PICKERINGTON’S INCOME TAX ORDINANCES,” Second Reading, Finance Committee. (TABLED, 12/16/08)
E. ORDINANCE 2009-02, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR A PHOTO RED LIGHT ENFORCEMENT PROGRAM WITH RED FLEX TRAFFIC SYSTEMS, INC.,” Second Reading, Service Committee. Mr. Fix moved to adopt; Mrs. Sanders seconded the motion. Mayor O’Brien stated he would like to encourage Council to Table this item. He stated the issues of safety and revenue generation can be debated endlessly, however, the City has spent a great deal of money to install the ACS system on our traffic signals and he would like to give that system a chance before we add anything else to our system. Mr. Fix stated Council passed the first reading at the last meeting with the understanding that there was work yet to be done on the contract. He stated the City Manager and Law Director have been working on this; however, an amended contract has not been completed. Mr. Fix moved to Table; Mr. Sabatino seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Fix, Mrs. Hammond, Mr. Sauer, Mrs. Sanders, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0. (TABLED)
9. LEGISLATIVE READINGS: NONE.
10. OTHER BUSINESS. No other business was brought forward.
11. MOTIONS:
A. Mr. Wisniewski moved to authorize the City Manager to go out for RFQs for the City’s Gas Aggregation Program; Mr. Fix seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Fix, Mrs. Hammond, Mr. Sauer, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.
12. ADJOURNMENT. There
being nothing further, Mr. Fix moved to adjourn; Mr. Wisniewski seconded the
motion. Mrs. Sanders, Mr. Fix, Mr. Sauer, Mr.
Wisniewski, Mr. Sabatino, and Mrs. Hammond voted “Aye.” Motion carried, 6-0. The meeting adjourned at 8:00 P.M., February
3, 2009.
RESPECTFULLY SUBMITTED:
_______________________________
Lynda D. Yartin, Municipal Clerk
ATTEST:
_______________________________
Mitch O’Brien, Mayor