PICKERINGTON CITY COUNCIL

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, MARCH 2, 2004

 

PUBLIC HEARING

7:20 P.M.

 

OPEN DISCUSSION REGARDING PROPOSED REZONING OF 836 REFUGEE ROAD (HURT PROPERTY) FROM C-3 (COMMUNITY COMMERCIAL) TO PC-4 (PLANNED HIGHWAY COMMERCIAL)

 

 

Mayor Shaver opened the public hearing at 7:20 P.M., with the following council members present:  Mayor Shaver, Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski.  Others present were:  Susan Crotty, Lynda Yartin, Chief Taylor, Mike Maurer, Rick Palsgrove, Renae Hardy, and others.

 

Mayor Shaver stated this property is located behind Pizza Hut and the old hardware store.  Mayor Shaver asked if there were any comments from the public, either for or against, the proposed rezoning.  There were no comments. 

 

There being no further comments, Mayor Shaver declared the public hearing closed at 7:28 P.M., March 2, 2004.

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

_____________________________

David Shaver, Mayor

 

PICKERINGTON CITY COUNCIL

                                                TUESDAY, MARCH 2, 2004

                                         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, March 2, 2004, at City Hall.  Mayor Shaver called the meeting to order at 7:30 P.M.  Roll call was taken as follows:  Mr. Wright, Mr. Hackworth, Mr. Wisniewski, Mr. Sabatino, Mr. O’Brien, Mrs. Riggs, and Mayor Shaver were present. Mr. Parker was absent.  Others present were: Susan Crotty, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Bob Mapes, Rick Palsgrove, Mike Maurer, Tony Dill, Tony Barletta, Dennis Boruszewski, Jeanette Boruszewski, George Hallenbrook, Gail Oakes, Dan Oakes, Jeff Fix, Carol Carter, Stephanie Brobst, Renae Hardy, and others.  Mr. Wisniewski delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF FEBRUARY 17, 2004, REGULAR MEETING.  Mr. Sabatino moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0.

 

3.         APPROVAL OF AGENDA.  Mr. Hackworth moved to approve; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.   

 

4.         COMMUNITY COMMENTS:  There were no community comments.

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there was one consent agenda item, Resolution 2004-10R, “A Resolution to signify the City’s ratification of the updated Solid Waste Management Plan by the Coshocton Fairfield Perry Solid Waste District and declaring the immediate necessity and emergency in order to meet Ohio EPA deadlines.”  Mr. Sabatino moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wisniewski stated as a member of this Solid Waste District we are requested to ratify the Plan and the EPA deadline is March 9th.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0.  

 

6.         COMMITTEE REPORTS: 

 

            A.        SERVICE COMMITTEE.  Mr. Hackworth stated Service Committee met on February 19th, and the minutes have been distributed.  He stated the Diley Road improvements are moving ahead.  He stated Service Committee authorized the rebidding of the wastewater treatment plant expansion.  Mr. Hackworth stated they received a briefing on the city’s traffic signals and the review being conducted by our engineering firm to determine if the timing should be changed, maintenance problems, etc.  Mr. Hackworth stated there may be some changes in the timing once the review has been completed.  Mr. Hackworth stated he would answer any questions.  

 

            B.         FINANCE COMMITTEE.  Mrs. Riggs stated the Committee met on February 24th and the minutes have been distributed.  She stated the Committee received two presentations, one from our Bond Counsel, Dennis Schwallie, and the other from Ross, Sinclaire, and Associates on alternative strategies in municipal finance.  Mrs. Riggs stated there were several items on the agenda this evening from that meeting and she would be happy to answer any questions. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed.  He stated the Mayor’s office receives many requests for community activities and Mrs. Riggs recently attended one of these events on his behalf.  Mrs. Riggs stated she had flown a refueling mission with the 121st Refueling Unit of the Air National Guard at Rickenbacker.  She stated it was an amazing experience and she thanked Mayor Shaver for giving her the opportunity to do this.  Mrs. Riggs stated of the 121st, approximately 50 of their members live in Pickerington.  Mrs. Riggs stated she felt it was important to recognize these members of our community.   Mayor Shaver presented a proclamation to The ARC of Fairfield County for their work in the area of mental retardation. 

 

B.         LAW DIRECTOR.  Mr. Mapes 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 as there are several items that need to be taken care of. 

   

D.        MANAGER.  Ms Crotty stated the Manager’s report had been distributed and she would try to answer any questions.  Ms Crotty further stated the City received an Outstanding Achievement award for the water treatment plant from the American Council of Engineering Companies.  She stated our engineering firm, Stilson Consulting LLC, was mainly responsible for our winning this award.    

 

8.         PROCEDURAL READINGS:

 

A.        ORDINANCE 2003-102, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH STILSON CONSULTING GROUP, LLC, FOR ENGINEERING SERVICES FOR COURTRIGHT ROAD, PHASE III,” First Reading, Parker.  (TABLED)

 

B.         ORDINANCE 2004-03, “AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE 2003-97,” First Reading, Wisniewski.  (TABLED)  Mr. Wisniewski moved to remove from the Table; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Wisniewski moved to adopt.  Motion died for lack of a second. 

 

C.        ORDINANCE 2004-06, “AN ORDINANCE TO AMEND ORDINANCE 2003-86 TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN EXTENSION OF THE CONTRACT TO PURCHASE 89 NORTH CENTER STREET KNOWN AS THE BUS SERVICES, INC., AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY, AS THE CLOSING DATE FOR THE SALE IS JANUARY 31, 2004, AND THE FUNDS FOR THE PURCHASE WILL NOT BE AVAILABLE UNTIL MARCH, 2004,” First Reading, Riggs.  (TABLED)  Mrs. Riggs moved to remove from the Table; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mrs. Riggs moved to adopt.  Motion died for lack of a second. 

 

D.        ORDINANCE 2004-12, “AN ORDINANCE TO REZONE THE PROPERTY KNOWN AS 836 REFUGEE ROAD (CAT TRACKS, LTD; HURT PROPERTY) FROM C-3 TO PC-4,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated the property owner had applied for the PC-4 zoning to allow the resale of leased vehicles.  He stated this has been reviewed by the Planning and Zoning Commission and they had put several restrictions on the zoning. Mrs. Riggs clarified the current business details other vehicles as well as the ones they place for sale.  Mr. Wisniewski stated he had supported bringing this to Council so it could have full discussion.  He further stated our Planning and Zoning Director did not recommend approval of this zoning as it would set a precedent for other individuals to request this same zoning.  Mr. Wisniewski stated the neighbors had attended the public hearings and did not have a problem with this particular business.  Mrs. Riggs clarified the business owner was not aware she could not have her business in this particular zoning.  Mr. Mapes stated once the City was aware of the business, the owner was notified it was not allowed in that zoning district.  He stated the property owner then applied for the PC-4 zoning, which is one that is located close to a freeway interchange.  He stated most of our PC-4 is in the Winderly Lane area, however, we do have some pockets other places in the City.  Mr. Mapes stated previously cranes used in construction projects were rented at this location, and the interpretation of the Code that allowed that type of business has been reviewed, and determined to be incorrect.  Mr. Wisniewski stated other property owners that have a similar type business have been notified that it is not allowed in their current zoning.  Mr. Wright stated he would like to clarify that the entrance to this property is a shared entrance, there is no frontage, and this property backs up onto residential property.  Mr. Wisniewski stated again the Planning and Zoning Commission did grant a conditional use for this business and put several restrictions on the business.  Mr. Wright stated he did have some concerns about this request.  Mr. Wisniewski stated his concern was if this were to be approved, others would make the same request.  Mrs. Riggs clarified the business owner was not aware she could not sell the cars in the current zoning until notified by the City.  Several members of council stated they would support the first reading only.  Roll call was taken with Mrs. Riggs voting “Nay,” and Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1. 

 

E.         ORDINANCE 2004-13, “AN ORDINANCE TO ADOPT THE JANICE LANE, LONG ROAD, AND DILEY ROAD STORMWATER STUDY,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this is the study prepared for the subject area.  Mr. Wright clarified this is to adopt the study only.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

F.         ORDINANCE 2004-14, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $975,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE WATER SUPPLY AND WATERWORKS SYSTEM OF THE CITY,” First Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wright seconded the motion.  Mrs. Riggs stated this is a renewal of notes and we are paying $100,000 on the principal.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0.  

 

G.        ORDINANCE 2004-15, “AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE 2003-97,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Mr. Hackworth stated these appropriations came out of Finance Committee and Mrs. Fersch had requested three readings this evening.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 6-0.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mrs. Riggs, Mr. Sabatino, and Mr. O’Brien voting “Yea.”  Suspension of Rules passed, 6-0.  Second Reading.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

H.        ORDINANCE 2004-16, “AN ORDINANCE AMENDING SECTION 5 (EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH) OF ORDINANCE 2003-97 ADOPTING THE BUDGET FOR 2004,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion.  Mr. Wisniewski stated this would add one police officer and a Utilities Billing Clerk to the authorized strength.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0. 

 

I.          RESOLUTION 2004-10R, “A RESOLUTION TO SIGNIFY THE CITY’S RATIFICATION OF THE UPDATED SOLID WASTE MANAGEMENT PLAN BY THE COSHOCTON FAIRFIELD LICKING PERRY SOLID WASTE DISTRICT AND DECLARING THE IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO MEET OHIO EPA DEADLINES,” First Reading, Wisniewski.  Mr. Sabatino moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0.  (CONSENT AGENDA ITEM)

 

J.          ORDINANCE 2004-10, “AN ORDINANCE TO RESCIND ORDINANCE 2003-95 AND THE AWARD OF CONTRACTS TO PAE & ASSOCIATES AND WAGNER SMITH ON THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT, TO AUTHORIZE THE CITY MANAGER TO RE-BID THE PROJEC,T AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO TIMLEY IMPLEMENT NEW ENGINEERING FEATURES WITH PROJECTED SAVINGS AND TO KEEP THE PROJECT EXPEDITIOUSLY MOVING FORWARD,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Mr. Hackworth stated this project is being re-bid, and this will rescind the original ordinance authorizing the City Manager to enter into contracts with PAE & Associates and Wagner Smith.  Mr. Hackworth stated Service Committee had authorized the re-bidding of the project.  Mr. Wisniewski clarified the bids on the original project have expired.   Mr. Wright stated he still has a slight objection as the information he received did not show a $1.8 million savings, but did show a $900,000 deferment, which is different from a savings.  Mayor Shaver pointed out these companies had been contacted regarding making some modifications, and they did not wish to do that.  Mr. Hackworth stated even if there were a deferment, it would lower the initial debt we have to take on.  Mr. Wright stated his concern would be that if the deferred items were necessary sooner than expected they would cost more money than if done now.  Mr. Sabatino clarified this legislation did not authorize another contract, but only rescinded the authorization to sign contracts on the expired bids.  Mr. Wisniewski ascertained from the Finance Director that the City has spent close to $1 million on this project already on engineering and land acquisition.  Roll call was taken with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

K.        ORDINANCE 2004-11, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A REAL ESTATE PURCHSE CONTRACT WITH BARNARD AND DEBORAH KEMTER FOR THE PURCHASE OF 290 HEREFORD DRIVE, PICKERINGTON, OHIO,” Second Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Mrs. Riggs stated again the purchase of this property will resolve some drainage issues and will provide more space for the service department.  Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 6-0.  

 

9.         LEGISLATIVE READINGS:

 

A         ORDINANCE 2004-07, “AN ORDINANCE AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A THREE-YEAR COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE, CAPITAL CITY LODGE NO. 9,” Third Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

B.         RESOLUTION 2004-04R, “AN AMENDED AND RESTATED RESOLUTION CLARIFYING “PICK-UP” AND PRE-TAX CONTRIBUTIONS TO THE OHIO POLICE AND FIRE PENSION FUND,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, Mrs. Riggs, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

10.       MOTIONS:  Mrs. Riggs moved to appoint Mr. O’Brien to Service Committee and to add Mr. Wright as a fourth member to Finance Committee; to remove Mr. Wisniewski from the Service Committee; Mr. Wisniewski seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0.  

 

Mrs. Riggs stated she would like to announce that Service Committee will change its regularly scheduled meetings from the third Thursday of each month to the second Thursday of each month at 7:30 P.M.  Mrs. Riggs further stated Finance Committee will change its regularly scheduled meetings from the fourth Tuesday of each month to the third Thursday of each month at 7:30 P.M.  Mrs. Riggs stated these committee changes will be effective in April. 

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. Hackworth moved to adjourn; Mr. Wisniewski seconded the motion.  Mrs. Riggs, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino and Mr. O’Brien voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 8:45 P.M., March 2, 2004.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor