PICKERINGTON CITY COUNCIL

TUESDAY, NOVEMBER 2, 2010

CITY HALL, 100 LOCKVILLE ROAD

REGULAR MEETING

7:30 P.M.

1. ROLL CALL, INVOCATION, AND PLEDGE OF ALLEGIANCE. Council for the City of Pickerington met for a regular session Tuesday, November 2, 2010, at City Hall. Mayor O’Brien called the meeting to order at 7:34 P.M. Roll call was taken as follows: Mr. Barletta, Mr. Fix, Mrs. Hammond, Mrs. Sanders, Mr. Sauer, and Mayor O’Brien were present. Mr. Blair and Mr. Wisniewski were absent due to employment obligations. Others present were: Bill Vance, Lynda Yartin, Phil Hartmann, Chris Schornack, Chief Mike Taylor, Ed Drobina, Susan Crotty, Greg Bachman, Nate Ellis, Carol Carter, Pastor Cuenin, Josh Binkley, Mark Nicholas, and others. Pastor Cuenin delivered the invocation.

2. A. APPROVAL OF MINUTES OF OCTOBER 19, 2010, PUBLIC HEARING REGARDING PROPOSED REZONING AND FINAL DEVELOPMENT PLAN FOR SKILKEN PROPERTY. Mr. Fix moved to approve; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.” Motion passed, 5-0.

B. APPROVAL OF MINUTES OF OCTOBER 19, 2010, PUBLIC HEARING REGARDING PROPOSED AMENDMENT OF CHAPTER 1278.07 OF THE PICKERINGTON CODIFIED ORDINANCES. Mr. Fix moved to approve; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Sauer, Mrs. Hammond, and Mrs. Sanders voting “Yea.” Motion passed, 5-0.

C. APPROVAL OF MINUTES OF OCTOBER 19, 2010, REGULAR MEETING. Mr. Fix moved to approve; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Sauer, Mrs. Hammond, Mr. Fix, Mrs. Sanders, and Mr. Barletta voting “Yea.” Motion passed, 5-0.

3. COMMUNITY COMMENTS.

A. Mr. Josh Binkley. Mr. Binkley stated as both a citizen of Pickerington and a member of the Planning and Zoning Commission he would like to address Council on the issue of outdoor enclosures. Mr. Binkley stated the Planning and Zoning Commission has been discussing this issue for the past couple of years, and the City even hired a consultant to look at different types of enclosures that have been installed in central Ohio and brought it back for Planning and Zoning Commission to review. Mr. Binkley stated it was his opinion that by enclosing a patio, it is no longer a patio, but is a structure. Mr. Binkley stated for a lot of the establishments that have been requesting these, their primary function is not in the food service industry. Mr. Binkley stated nothing has been brought before Planning and Zoning Commission that showed there was really any thought into integrating something with the building, and as such, a majority of the commission members determined these were something we would not allow at this point in time. He stated he would request Council consider that. He stated the Commission has taken a great deal of effort and energy in developing design guidelines for both residential and non-residential standards that would create an asset for the community. Mr. Binkley stated in the two cases he was aware of where these outdoor enclosures have been put up, you see a big sheet of vicuña and that is counter productive to all the efforts of the Commission. Mr. Binkley stated he is not against patios, there are some great examples of patios around here, cover them, provide refuge and shelter from the elements, but as far as actually enclosing them, he has not been convinced as yet that there is any type of system out there that looks aesthetically pleasing. Mr. Binkley stated he hoped Council would give this consideration.

B. Mr. Mark Nicholas. Mr. Nicholas stated he would also like to address the outdoor patio issue. Mr. Nicholas stated he also serves on the Planning and Zoning Commission and they have been discussing outdoor patios for about two years and how we want them to look; the aesthetics, the architecture of them. Mr. Nicholas stated his profession is architecture and the architectural consultant for the City took a lot of photographs of outdoor patios with an enclosure for the Commission to review. Mr. Nicholas stated he has only seen one in the Columbus area that is architecturally pleasing to him. He stated further that he understood the intended purpose was to give comfort to outdoor guests in seasons other than summer. Mr. Nicholas stated other than architecture and aesthetics, there is the smoking ban in Ohio and he feared if these were allowed we would encourage people to possibly violate the smoking ban. Mr. Nicholas stated the Planning and Zoning Commission has worked long and hard hours to come up with the non-residential design guidelines and it is his opinion, as well as several other members of the Planning and Zoning Commission, that it would not be architecturally or aesthetically pleasing to have side curtains.

4. COUNCIL COMMUNICATIONS. Mr. Fix stated on Friday night at 8:30 P.M. at Pickerington North High School a 6^th grade all star football game against Reynoldsburg and everyone is invited to attend.

Mayor O’Brien stated an e-mail had been sent out inquiring if there should be a work session after the next Council meeting regarding the drug presentation that was cancelled last month and the Clerk has not received a great response. Mayor O’Brien further stated that as our Code specifies only the Mayor or three members of Council can call a work session or Special Meeting he felt it would be more organized if these meetings were scheduled more appropriately. Mayor O’Brien stated this is Mr. Fix’ project and questioned if he would like to make a motion to schedule a work session for this issue. Mr. Fix moved to schedule a work session for immediately following Council on November 16, 2010, to deal with the opiate drug addiction issue in Fairfield County; Mr. Sauer seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Fix, Mrs. Hammond, Mr. Sauer, and Mr. Barletta voting “Yea.” Motion passed, 5-0.

5. APPROVAL OF CONSENT AGENDA. Mayor O’Brien stated there were four consent agenda items this evening, Ordinance 2010-67, “An ordinance authorizing the City Manager to execute necessary conveyance documentation to accept the dedication of a sidewalk easement from Lloyd F. and Diann L. Helber,” Ordinance 2010-68, “An ordinance authorizing the City Manager to execute necessary conveyance documentation to accept the fee simple dedication of property from Spitfire 53, LLC,” Resolution 2010-18R, “A resolution authorizing the City Manager to submit an application to the Ohio Office of Criminal Justice for the 2010 Justice Assistance Program-Law Enforcement Grant Program (Dive equipment),” and Resolution 2010-19R, “A resolution authorizing the City Manager to submit an application to the Ohio Office of Criminal Justice for the 2010 Justice Assistance Program-Law Enforcement Grant Program (Cruiser).” Mr. Fix moved to approve; Mrs. Hammond seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Sauer, Mr. Barletta, and Mrs. Hammond voting “Yea.” Motion passed, 5-0.

6. APPROVAL OF AGENDA. Mr. Fix moved to approve; Mr. Sauer seconded the motion. Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yea.” Motion passed, 5-0.

7. REPORTS:

A. MAYOR. Mayor O’Brien stated he would like to thank everyone who participated in the Haunted Village and the Trick or Treat for Tots at City Hall and both were very well attended events. Mayor O’Brien stated he would also like to remind all Council members they must complete the NIMS training.

B. LAW DIRECTOR. Mr. Hartmann stated items 8.F. and 8.G. on tonight’s agenda are related to the annexation that previously before you on the Eichhorn property. He stated he had intended to request three readings this evening, however, we do not have enough council members present to suspend the rules. He further stated the Eichhorn annexation will be required to be completed before Resolution 2010-16R regarding the CRA is effective, so he would request an amendment to change the effective date of that Resolution.

C. FINANCE DIRECTOR. Mr. Schornack stated he had no report this evening.

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

E. CITY ENGINEER. Mr. Bachman stated the Safe Routes to School application is due November 5^th, and he had hoped to have three readings this evening but that apparently cannot be done. Mr. Hartmann stated a copy of the ordinance could be submitted with the application and when the final reading has been completed and the ordinance signed, it could be sent at that time. Mr. Bachman stated he had met with the EPA today with regard to the water plant and the reverse-osmosis, and it was a very good meeting. Mr. Bachman stated he hoped to have the early procurement of the membranes out to bid within the next few days.

F. CITY MANAGER. Mr. Vance stated he had no report, but would answer any questions.

G. SERVICE COMMITTEE. Mr. Fix stated Service Committee did debate Ordinance 2010-69 that is on tonight’s agenda and they did bring it forwarded as not recommended by the Committee.

H. SAFETY COMMITTEE. Mrs. Hammond stated the two grant applications on tonight’s consent agenda came out of the last Safety Committee meeting and she would be happy to answer any questions.

8. PROCEDURAL READINGS:

A. ORDINANCE 2010-67, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A SIDEWALK EASEMENT FROM LLOYD F. AND DIANN L. HELBER,” First Reading, Service Committee. Mr. Fix moved to adopt; Mrs. Hammond seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Sauer, Mr. Barletta, and Mrs. Hammond voting “Yea.” Motion passed, 5-0. (CONSENT AGENDA ITEM)

B. ORDINANCE 2010-68, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE FEE SIMPLE DEDICATION OF PROPERTY FROM SPITFIRE 53, LLC,” First Reading, Service Committee. Mr. Fix moved to adopt; Mrs. Hammond seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Sauer, Mr. Barletta, and Mrs. Hammond voting “Yea.” Motion passed, 5-0. (CONSENT AGENDA ITEM)

C. ORDINANCE 2010-69, “AN ORDINANCE AMENDING SUBSECTION 1286.4(b) OF THE PICKERINGTON CODIFIED ORDINANCES ENTITLED “OUTDOOR SERVICE FACILITY REGULATIONS,” First Reading, Service Committee (Not Recommended). Mr. Fix stated he had served on the Planning and Zoning Commission with Mr. Binkley and Mr. Nicholas and he found them to be very reasonable and thoughtful members of our community. He stated he appreciated their efforts on this topic and all that they do for Planning and Zoning and he knows there is a great amount of work that goes on behind the scenes on that Commission that the public never understands or appreciates. Mr. Fix stated he wanted to ensure the Commission members understood that Council appreciated all the effort they put in to what they do. Mr. Fix stated he disagreed with this legislation from a small business perspective and he understood from the aesthetic standpoint that there are some very ugly patio coverings out there across the central Ohio area. He stated he is not suggesting we allow for any business owner to do whatever they pleased to provide their customers with an outdoor facility, however, he did feel that on a case-by-case basis each applicant should be considered on their merits or the City should come up with some guidelines that specify what should be done. Mr. Fix stated he did not feel it was reasonable for the City to say under no circumstances will we allow an outdoor enclosure because that would hurt business and be another example of what we don’t want to do which is make this a business unfriendly environment. Mr. Fix stated he understood the intent and he understood we needed to come up with something, but he did not feel not allowing them at all was the right approach. Mrs. Hammond stated she also appreciated all the work Planning and Zoning has done, but she did agree with Mr. Fix on several points. Mrs. Hammond stated she felt there must be some way that we can come up with something that is aesthetically pleasing and there can be some kind of compromise. Mr. Sauer stated he is the Council Representative on Planning and Zoning Commission and he serves with Mr. Nicholas and Mr. Binkley on that Commission. Mr. Sauer stated there have been lengthy discussions on this at Planning and Zoning and while he respects the other member’s opinions, he did not agree with this legislation. Mr. Sauer stated he felt there were circumstances where we could find ways to make it work where it would not necessarily be displeasing to the eye. Mr. Sauer stated what he had wanted to steer away from would be something where it almost looked like a temporary enclosure put in. He stated he disagreed with this legislation because he felt there were ways it could be implemented into the building and look good without hurting our design standards along the S.R. 256 corridor. He stated he felt this should judged on a case-by-case basis. Mr. Barletta stated he would be inclined to consider these on a case-by-case basis as well and he felt we need to be flexible with our businesses and try to work with them to make a win-win situation when these situations come up. Mrs. Sanders stated she was inclined to support this legislation. She stated in talking with residents she has heard many comments about the structures that have been put up, but she could also see the case-by-case review so as not to discourage business. Mayor O’Brien stated while he is hearing council state this should be looked at on a case-by-case basis he is not hearing any solutions. He stated he felt that Planning and Zoning Commission made a very honest attempt, including the cost of the architectural review and guidance, at a solution and could not find one. Mayor O’Brien stated we do not have any standardization that we can apply and he feels that due diligence was done by the Commission with the attorney from Schottenstein’s, and staff has invested a lot of time to bring this ordinance forward and he would prefer to see it supported. Mr. Sauer stated his position on this has been consistent from the beginning and he has served with the members of the Planning and Zoning Commission and has a tremendous amount of respect for them, and his vote is not to disagree with the Planning and Zoning Commission and he would hate for it to be viewed in that manner. Mrs. Sanders moved to adopt; Mr. Sauer seconded the motion. Roll call was taken with Mr. Barletta, Mr. Fix, Mrs. Hammond, and Mr. Sauer voting “Nay,” and Mrs. Sanders voting “Yea.” Motion failed, 1-4.

D. ORDINANCE 2010-70, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A ONE YEAR CONTRACT WITH DELTA DENTAL OF OHIO FOR DENTAL INSURANCE FOR CITY E,PLOYEES,” First Reading, Finance Committee. Mr. Fix moved to adopt; Mrs. Sanders seconded the motion. Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Barletta, and Mr. Sauer voting “Yea.” Motion passed, 5-0.

E. ORDINANCE 2010-71, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE OHIO DEPARTMENT OF TRANSPORTATION’S SAFE ROUTES TO SCHOOL PROGRAM,” First Reading, Service Committee. Mr. Fix moved to adopt; Mrs. Sanders seconded the motion. Roll call was taken with Mrs. Sanders, Mrs. Hammond, Mr. Barletta, Mr. Sauer, and Mr. Fix voting “Yea.” Motion passed, 5-0.

F. ORDINANCE 2010-72, “AN ORDINANCE ADOPTING A STATEMENT OF SERVICES FOR A PROPOSED ANNEXATION OF 47.460 ACRES, MORE OR LESS, FROM VIOLET TOWNSHIP, FAIRFIELD COUNTY, TO THE CITY OF PICKERINGTON,” First Reading, Council. Mr. Fix moved to adopt; Mrs. Sanders seconded the motion. Roll call was taken with Mr. Barletta, Mr. Fix, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yea.” Motion passed, 5-0.

G. ORDINANCE 2010-73, “AN ORDINANCE ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 47.460 ACRES, MORE OR LESS, FROM VIOLET TOWNSHIP, FAIRFIELD COUNTY, TO THE CITY OF PICKERINGTON, OHIO, AS REQUIRED BY SECTION 709.023(C) OF THE OHIO REVISED CODE,” First Reading, Council. Mr. Fix moved to adopt; Mrs. Sanders seconded the motion. Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Barletta, and Mr. Sauer voting “Yea.” Motion passed, 5-0.

H. RESOLUTION 2010-18R, “A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE OHIO OFFICE OF CRIMINAL JUSTICE FOR THE 2010 JUSTICE ASSISTANCE PROGRAM-LAW ENFORCEMENT GRANT PROGRAM (Dive Equipment),” First Reading, Safety Committee. Mr. Fix moved to adopt; Mrs. Hammond seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Sauer, Mr. Barletta, and Mrs. Hammond voting “Yea.” Motion passed, 5-0. (CONSENT AGENDA ITEM)

I. RESOLUTION 2010-19R, “A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE OHIO OFFICE OF CRIMINAL JUSTICE FOR THE 2010 JUSTICE ASSISTANCE PROGRAM-LAW ENFORCEMENT GRANT PROGRAM (Cruiser),” First Reading, Safety Committee. Mr. Fix moved to adopt; Mrs. Hammond seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Fix, Mr. Sauer, Mr. Barletta, and Mrs. Hammond voting “Yea.” Motion passed, 5-0. (CONSENT AGENDA ITEM)

J. ORDINANCE 2010-57, “AN ORDINANCE APPROVING THE REZONING AND FINAL DEVELOPMENT PLAN FOR THE APPROXIMATE 5.05 ACRE SKILKEN PROPERTY FROM C-3 (COMMUNITY COMMERCIAL DISTRICT) TO PC-3 (PLANNED COMMUNITY COMMERCIAL DISTRICT) FOR WINDMILLER SQUARE MEDICAL OFFICE DEVELOPMENT LOCATED JUST SOUTH OF KROGER’S ON OLD DILEY ROAD,” Second Reading, Service Committee. Mr. Fix moved to adopt; Mrs. Sanders seconded the motion. Roll call was taken with Mrs. Sanders, Mr. Barletta, Mr. Fix, Mrs. Hammond, and Mr. Sauer voting “Yea.” Motion passed, 5-0.

K. ORDINANCE 2010-58, “AN ORDINANCE AMENDING CHAPTER 1278.07 TO ALLOW SINGLE FAMILY USES IN THE C-2 (CENTRAL BUSINESS/MIXED USE) ZONING DISTRICT IN THE OLD PICKERINGTON VILLAGE,” Second Reading, Service Committee. Mr. Fix moved to adopt; Mrs. Hammond seconded the motion. Roll call was taken with Mr. Fix, Mrs. Sanders, Mrs. Hammond, Mr. Barletta, and Mr. Sauer voting “Yea.” Motion passed, 5-0.

9. LEGISLATIVE READINGS:

A. RESOLUTION 2010-16R, “A RESOLUTION AMENDING RESOLUTION NO. 84-8 TO PROVIDE FOR AN EXTENSION OF COMMUNITY REINVESTMENT AREA NUMBER ONE, DESIGNATING A HOUSING OFFICER, AND DIRECTING CERTAIN OTHER ACTIONS TO BE TAKEN IN CONNECTION WITH THE AMENDMENT,” Third Reading, Service Committee. Mrs. Sanders moved to adopt; Mr. Fix seconded the motion. Mrs. Sanders moved to amend by substitution with the amended Resolution Council received this evening; Mr. Fix seconded the motion. Mrs. Yartin stated Section 7 of this Resolution would now read “This Ordinance shall take effect after the City’s acceptance of the annexation outlined in Ordinance 2010-72 and Ordinance 2010-73.” Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Fix, Mrs. Sanders, and Mr. Sauer voting “Yea.” Motion to amend passed, 5-0. Roll call was taken on the Resolution as amended with Mrs. Sanders, Mrs. Hammond, Mr. Fix, Mr. Sauer, and Mr. Barletta voting “Yea.” Motion passed, 5-0.

10. DISCUSSION.

A. STRATEGIC PLAN UPDATE. Mayor O’Brien stated he and Mr. Vance had met to discuss the Strategic Plan and some tasks they are putting together to support that. He stated he hoped at the next Council meeting they could look at some categorization of the top ten goals with some measurable results.

11. REFERRAL TO COMMITTEE. Mayor O’Brien stated he had no committee referrals this evening.

12. OTHER BUSINESS. No other business was brought forward.

13. MOTIONS: There were no motions.

14. ADJOURNMENT. There being nothing further, Mr. Fix moved to adjourn; Mr. Sauer seconded the motion. Mr. Barletta, Mrs. Hammond, Mr. Sauer, Mr. Fix, and Mrs. Sanders voted “Aye.” Motion carried, 5-0. The meeting adjourned at 8:18 P.M., November 2, 2010.

RESPECTFULLY SUBMITTED:

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Lynda D. Yartin, Municipal Clerk

ATTEST:

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Mitch O’Brien, Mayor