PICKERINGTON CITY COUNCIL

TUESDAY, FEBRUARY 1, 2011

CITY HALL, 100 LOCKVILLE ROAD

 

REGULAR MEETING

 

7:30 P.M.

 

1.         ROLL CALL AND PLEDGE OF ALLEGIANCE. Council for the City of Pickerington met for a regular session Tuesday, February 1, 2011, at City Hall.  Mayor O’Brien called the meeting to order at 7:30 P.M.  Roll call was taken as follows:  Mr. Barletta, Mr. Fix, Mrs. Hammond, Mrs. Sanders, Mr. Sauer, Mr. Wisniewski, and Mayor O’Brien were present.  Mr. Blair was out of town on business.  Others present were: Bill Vance, Lynda Yartin, Phil Hartmann., Chris Schornack, Ed Drobina, Susan Crotty, Greg Bachman, Nate Ellis, Aaron Underhill, and others. 

 

2.         APPROVAL OF MINUTES OF JANUARY 4, 2011, REGULAR MEETING.  Mr. Fix moved to approve; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Wisniewski, Mr. Sauer, Mr. Fix, and Mrs. Sanders voting “Yes.”  Motion passed, 6-0. 

 

3.         COMMUNITY COMMENTS.  There were no community comments. 

 

4.         COUNCIL COMMUNICATIONS.  Mr. Sauer stated prior to every second Council meeting of each month, he and any other council member that wishes will be available at 6:30 P.M. in Council chambers for any resident who would like to come in and discuss anything with a council member. 

 

5.         APPROVAL OF CONSENT AGENDA.  Mayor O’Brien stated there were two consent agenda items this evening, Resolution 2011-01R, “a Resolution for final legislation for PID 86639 – SRTS Sidewalk Project within the City of Pickerington and Violet Township,” and Resolution 2011-03R, “A Resolution for the City of Pickerington to participate in the Mitigation Program written by the Fairfield County Office of Emergency Management and Homeland Security.”  Mr. Wisniewski requested Resolution 2011-01R be removed from the Consent Agenda.  Mayor O’Brien stated this Resolution would be considered in its normal sequence on the agenda.  Mr. Fix moved to approve the Consent Agenda with the remaining resolution; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Sauer, Mrs. Hammond, Mrs. Sanders, and Mr. Wisniewski voting “Yes.”  Motion passed, 6-0.  

 

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

 

7.         REPORTS:   

 

A.        MAYOR.  Mayor O’Brien stated the Breakfast with the Mayor held last week by the Development Department was very successful for a first meeting.  Mayor O’Brien stated he had also attended the Main Street Ohio meeting and it was very well attended and provided a great deal of information. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he would request, if possible, three readings tonight on Item 8.E., authorizing the City Manager to enter into a development agreement with Homestead.  Mr. Hartmann stated he was requesting the three readings so it could run concurrently with Ordinance 2010-19 that is scheduled for its final reading this evening and is the zoning for that property.  Mr. Hartmann stated based on the new Charter this would require three-fourth’s votes of the Council members voting.  Mayor O’Brien clarified that both Items D. and G. were required by the Ohio Revised Code. 

 

C.        FINANCE DIRECTOR.  Mr. Schornack stated he would answer any questions anyone might have. 

 

            D.         SERVICE MANAGER.  Mr. Drobina stated he had received a call from Rumpke this evening and they suspended all of their trash pick-ups today due to the weather, so our collection will be a day behind and our refuse will be collected on Saturday. 

 

E.         CITY ENGINEER.  Mr. Bachman stated the subcontractor for the Refugee Road  elevated water tank was going to run the waterline across Windmiller Drive this week, however, with the weather that will be rescheduled.  Mr. Bachman further stated the contractor is due in on Monday to repair the 30-inch partially collapsed storm sewer pipe.  Mr. Vance stated Mr. Vance was able to get a price for under $20,000.  Mr. Bachman stated we will be doing the no-dig repair and it will not require any lane closures. 

 

F.         CITY MANAGER.  Mr. Vance stated he had no report this evening. 

 

            G.        FINANCE COMMITTEE (Mr. Sauer).  Mr. Sauer stated Finance Committee met on January 18th, and two major issues discussed dealt with a survey being conducted by Governing Dynamics that will be garnering what residents feel the level of services should be in the community.  Mr. Sauer stated there was also discussion regarding a Performance Audit of the Police Department and that will be proceeding.  Mr. Sauer further stated the appropriation ordinance and the ordinance setting the dollar amount limitation that can be put on the Consent Agenda also came out of that meeting.  Mr. Vance stated he would like to clarify that the survey will be related to the level of police services and street maintenance services. 

 

            H.        PUBLIC SAFETY & COMMUNITY AFFAIRS COMMITTEE (Mrs. Hammond).  Mrs. Hammond stated the Committee met on January 19th, and the consent agenda item just approved came out of that meeting as well as the Ordinance amending the Property Maintenance Code that is on tonight’s agenda.  Mrs. Hammond stated the City is continuing to monitor the feral cat situation and that will be sent to Mayor’s Court.  Mrs. Hammond stated the Committee is also looking at legislation that will expand the powers of the Nuisance Abatement Board to allow them to handle nuisance issues other than structural.  Mrs. Hammond stated Council is also working on making the community more aware of the opiate problem we have in the area and the Committee will continue to update Council on this. 

 

            I.          CITY PLANNING, PROJECTS, & SERVICES COMMITTEE (Mr. Fix).  Mr. Fix stated the Committee also met on January 19th and the resolutions dealing with the Town Square Drive right-of-way on the agenda tonight came out of that meeting.  Mr. Fix further stated the rezoning and final development plan for the Ebright/Homestead property was also discussed and returned to Council for the final reading this evening. 

 

8.         PROCEDURAL READINGS: 

 

            A.        ORDINANCE 2011-03, “AN ORDINANCE TO AMEND SECTION 220.07(F) OF THE CODIFIED ORDINANCES OF PICKERINGTON ENTITLED, “CONSENT AGENDA,” First Reading, Finance Committee.  Mr. Sauer stated this allows for a limit of $25,000 for consent agenda items.  Mayor O’Brien stated that is the same amount as the Manager’s discretionary spending as well.  Mr. Fix moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yes.”  Motion passed, 6-0.     

 

            B.         ORDINANCE 2011-04, “AN ORDINANCE AMENDING THE 2011 APPROPRIATION, ORDINANCE 2010-91,” First Reading, Finance Committee.  Mr. Fix moved to waive the requirement in Charter Section 2.05 that the ordinance be read on three separate meeting days; Mr. Sauer seconded the motion.  Roll call was taken with Mrs. Hammond voting “No,” and Mr. Wisniewski, Mr. Sauer, Mrs. Sanders, Mr. Barletta, and Mr. Fix voting “Yes.”  Suspension of Rules passed, 5-1.  Final Reading.  Mr. Fix moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mrs. Hammond voting “No,” and Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Barletta, and Mr. Sauer voting “Yes.”  Motion passed, 5-1. 

 

            C.        ORDINANCE 2011-05, “AN ORDINANCE TO AMEND CHAPTER 1490, “PROPERTY MAINTENANCE CODE,” OF PART 14, “BUILDING AND HOUSING CODE,” OF TITLE 8, “HOUSE,” OF THE CODIFIED ORDINANCES OF PICKERINGTON,” First Reading, Public Safety & Community Affairs Committee.  Mrs. Hammond stated this ordinance came about due to the large number of vacant properties and when they were in foreclosure we had no way of tracking or knowing who owned them.  She stated this will help the City track them and keep the properties in good repair.  Mrs. Hammond moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Sanders, Mrs. Hammond, Mr. Barletta, Mr. Sauer, and Mr. Fix voting “Yes.”  Motion passed, 6-0. 

 

            D.        ORDINANCE 2011-06, “AN ORDINANCE APPROPRIATING A ROADWAY EASEMENT OF 0.0358 NET ACRES, MORE OR LESS, FROM STEVEN D. ELLIS, SAID ACREAGE LOCATED ON THE SOUTH SIDE TERMINUS OF TOWN SUARE DRIVE, JUST EAST OF HILL ROAD NORTH, WITHIN THE CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, City Planning, Projects & Services Committee.  Mr. Fix stated this would be taking a small piece of land so that the city would have all of the right-of-way for Town Square Drive.  Mr. Fix moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, Mrs. Sanders, and Mr. Sauer voting “Yes.”  Motion passed, 6-0. 

 

            E.         ORDINANCE 2011-07, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH HOMESTEAD DEVELOPMENT COMPANY FOR PROPERTY LOCATED WEST OF STATE ROUTE 256 AND NORTH OF REFUGEE ROAD IN THE CITY OF PICKERINGTON,” First Reading, City Planning, Projects, & Services Committee.  Mr. Fix stated this deals with the soccer complex and the City Manager has met with the developer and they have come up with a way to complete this project in a way that is beneficial to the City and the property owner.  Mr. asked for clarification on the traffic signal improvements the developer would not be responsible for and Mr. Vance stated his position as far as this development is that the impact fees paid by the developer places them on an equal playing field with everyone else that pays impact fees and those impact fees covers the costs of the signal improvements that would be necessary.  Mr. Wisniewski clarified the developer paid for the signal on S.R. 256 near the PYAA field.  Mr. Wisniewski stated as he read the agreement the utility improvements are connected to the County sewer for the soccer complex and Mr. Vance stated that is what is proposed.  Mr. Wisniewski inquired if they are to connect to the City sewer after the lines are put in and Mr. Vance stated for phases two and three, at the developer’s expense, they will be responsible for extending any water and sewer infrastructure to the site.  Mr. Vance stated staff is just proposing the connection of the soccer complex to the County water and sewer.  Mr. Sauer stated he would like to have it clarified that office and related permitted uses under the suburban office and institutional zoning district would be specifically office development.  Mr. Sauer stated his concern is the language that says office and “related” permitted uses and he was trying to clarify what related permitted uses were.  Mr. Underhill stated that language could be changed to read “permitted uses under the suburban office and institutional zoning district” removing the word “related.”  Mr. Sauer stated that would be fine with him.  Mr. Wisniewski stated under the utility improvements he would like to see the same language where the City provides reasonable good faith assistance to Homestead obtaining easement rights for water and sewer included in the Windmiller extension right-of-way so all that responsibility falls on Homestead for the costs.  He stated he wanted it clear the City would not be putting out any money whatsoever on that.  Mr. Hartmann stated he thought it was clear that the expenses were on the developer and the City would do their efforts to reasonably help, but he did not have a problem further clarifying that.  Mr. Underhill stated they had no expectation of the City taking utility rights by imminent domain, they would like the City to be at the table with them to help in dealing with the property owners.  Mr. Wisniewski clarified he would like the language in paragraph 3.(c), Utility Improvements, …”the city will provide its reasonable good faith assistance to Homestead in its effort to obtain easement rights for water and sanitary sewer utilities” included in Section 4.(a) the second paragraph, “Homestead will be responsible for obtaining and paying the costs associated with…” and Mr. Underhill stated that was fine.  Mr. Hartmann stated he would make these changes in the Development Agreement.  Mr. Fix moved to waive the requirement in Charter Section 2.05 that the ordinance be read on three separate meeting days; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Sauer, Mrs. Sanders, Mr. Barletta, Mr. Fix, and Mrs. Hammond voting “Yes.”  Suspension of rules passed, 6-0.  Final Reading.  Mr. Fix moved to approve with the amendments to the agreement as just discussed; Mrs. Sanders seconded the motion.  Roll call was taken with Mrs. Hammond, Mrs. Sanders, Mr. Fix, Mr. Wisniewski, Mr. Barletta, and Mr. Sauer voting “Yes.”  Motion passed, 6-0. 

 

            F.         RESOLUTION 2011-01R, “A RESOLUTION FOR FINAL LEGISLATION FOR PID 86639 – SRTS SIDEWALK PROJECT WITHIN THE CITY OF PICKERINGTON AND VIOLET TOWNSHIP,” First Reading, Finance Committee.  Mr. Wisniewski stated he had requested this be removed from the consent agenda as he had concern about the statement the City agreed to bear 100 percent of the cost of the improvement, and it was his understanding the Township was going to assume any overage on this.  Mr. Bachman stated the Township is going to assume any of the overage and we have legislation where they have agreed to that, however, the City is the lead agency with ODOT and this language is required by ODOT.  Mr. Wisniewski clarified then the agreement with the Township is already in place.  Mr. Bachman stated if possible he would like to have both readings this evening.  Mr. Fix moved to waive the requirement in Charter Section 2.05 that the resolution be read on two separate meeting days; Mr. Sauer seconded the motion.  Roll call was taken with Mrs. Sanders, Mr. Sauer, Mr. Fix, Mr. Wisniewski, Mrs. Hammond, and Mr. Barletta voting “Yes.”  Suspension of Rules passed, 6-0.  Final Reading.  Mr. Fix moved to adopt; Mr. Sauer seconded the motion.  Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mrs. Sanders, and Mr. Sauer voting “Yes.”  Motion passed, 6-0. 

 

            G.        RESOLUTION 2011-02R, “A RESOLUTION OF INTENT TO APPROPRIATE A ROADWAY EASEMENT OF 0.0358 NET ACRES, MORE OR LESS, FROM STEVEN D. ELLIS, SAID ACREAGE LOCATED ON THE SOUTH SIDE TERMINUS OF TOWN SQUARE DRIVE, JUST EAST OF HILL ROAD NORTH, WITHIN THE CITY OF PICKERINGTON, COUNTY OF FAIRFIELD, STATE OF OHIO,” First Reading, City Planning, Projects, & Services Committee.  Mr. Fix stated this is the second half of the legislation for the roadway easement.  Mr. Fix moved to adopt; Mrs. Hammond seconded the motion.  Roll call was taken with Mr. Barletta, Mrs. Hammond, Mr. Fix, Mr. Wisniewski, Mrs. Sanders, and Mr. Sauer voting “Yes.”  Motion passed, 6-0.

 

            *H.      RESOLUTION 2011-03R, “A RESOLUTION FOR THE CITY OF PICKERINGTON TO PARTICIPATE IN THE MITIGATION PROGRAM WRITTEN BY THE FAIRFIELD COUNTY OFFICE OF EMERGENCY MANAGEMENT AND HOMELAND SECURITY,” First Reading, Public Safety & Community Affairs Committee.  Mr. Fix moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mr. Sauer, Mrs. Hammond, Mrs. Sanders, and Mr. Wisniewski voting “Yes.”  Motion passed, 6-0.   (CONSENT AGENDA ITEM)

 

9.         LEGISLATIVE READINGS:

 

            A.        ORDINANCE 2010-19, “AN ORDINANCE TO APPROVE THE REZONING AND FINAL DEVELOPMENT PLAN FOR THE APPROXIMATE 16.06 ACRE EBRIGHT/HOMESTEAD PARCELS FROM R-4 (RESIDENTIAL) TO PC (PLANNED COMMUNITY COMMERCIAL DISTRICT) FOR A 4-SEASONS SPORTS COMPLEX, OFFICE, AND RETAIL DEVELOPMENT LOCATED AT 1010 AND 1040 REFUGEE ROAD,” Third Reading, Service Committee.  Mr. Fix moved to adopt; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Fix, Mrs. Hammond, Mr. Wisniewski, Mrs. Sanders, and Mr. Sauer voting “Yes.”  Motion passed, 6-0. 

 

10.       DISCUSSION. 

 

            A.        STRATEGIC PLAN UPDATE.  Mayor O’Brien stated we are working with the Chamber of Commerce to help put together the citizen’s committee from their business constituency who are affected by decisions Council makes going forward as far as revenue enhancement streams go. 

 

11.       REFERRAL TO COMMITTEE.  Mayor O’Brien stated he had nothing to be referred to Committee. 

 

12.       OTHER BUSINESS.  Mr. Barletta stated he had attended the drug awareness program and he came away from that program very concerned about the cut of the DARE program from the schools.  Mr. Barletta stated he felt that was a valuable program that makes the kids aware of what kind of hazards they will run into as they grow up and if we could stop one child and one family from getting tangled up in drugs we have made an impact.  Mr. Barletta stated he would like to ensure that by the school cutting this program we don’t inadvertently lose a police officer or lose the grant and he would like to suggest we look at some equivalent things we can do through our Recreation Department in drug awareness education.  Chief Taylor stated we are going to lose some of the State funding because a portion of that does go for teaching of DARE, however, we are coming up with some alternative programs that we will be able to put on for the public or for the kids.  Mrs. Sanders clarified these programs would be held in the evening or on a weekend, not during the school day.  Chief Taylor stated his goal is to have some type of program every quarter.  Mr. Fix stated he and Mr. Sauer had attended a similar program in Lancaster where the county-wide effort on the opiate addiction problem was discussed and they are celebrating one year since they began their program.  He stated they have seen some success and want to bring that effort this way and he will continue to work with them.  Mr. Fix stated he felt it was unfortunate the DARE program was being cut when it is probably needed the most and anything we can do to fight this epidemic needs to be done.  Mayor O’Brien stated the school administration has proposed that DARE be eliminated and the school board has to approve that.  He stated he felt the only recourse in trying to keep the program alive or get it reinstated is to appeal to the school board members because the administration is forced to do the same as our administration is forced to do, and certain decisions have to be made to come in with a balanced budget.  Mayor O’Brien stated if Council would like to do a joint letter or whatever we have to do to contact our school board members, the elected officials, and appeal to them and do as we have done; we have reinstated things that the staff has recommended be cut.  He stated this could be done as an elected body or individually or however we want.  Mr. Hartmann stated if Council would like to do this as Council as a whole, a motion could be made tonight to have the Mayor, as the liaison under the Charter, put a letter together on behalf of Council to send to the school board.  Mr. Sauer moved to have Mayor O’Brien send a letter to the school board on behalf of all of Council stating the City’s desire that the DARE program be included in the school curriculum; Mrs. Sanders seconded the motion.  Roll call was taken with Mr. Barletta, Mr. Sauer, Mr. Fix, Mrs. Hammond, Mr. Wisniewski, and Mrs. Sanders voting “Yes.”  Motion passed, 6-0. 

 

13.       MOTIONS: 

 

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

 

Council adjourned into Executive Session at 8:10 P.M., and reconvened in open session at 8:17 P.M.

 

14.       ADJOURNMENT.  There being nothing further, Mr. Fix moved to adjourn; Mrs. Sanders seconded the motion.  Mr. Barletta, Mrs. Hammond, Mr. Sauer, Mr. Fix, Mr. Wisniewski, and Mrs. Sanders voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:18 P.M., February 1, 2011. 

 

RESPECTFULLY SUBMITTED: 

 

 

_______________________________

Lynda D. Yartin, City Clerk

 

ATTEST:

 

 

_______________________________

Mitch O’Brien, Mayor