PICKERINGTON CITY COUNCIL
TUESDAY,
MARCH 16, 2004
CITY HALL, 100 LOCKVILLE ROAD
COUNCIL WORK SESSION
6:30 P.M.
OPEN DISCUSSION REGARDING
PERFORMANCE AUDIT PROGRAM CONDUCTED BY THE AUDITOR OF STATE
This work session was cancelled due to weather conditions.
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 16, 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. Parker, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. No members were absent. Others present were: Frank Wiseman, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Bob Mapes, Patti Wigington, Mike Maurer, Tony Barletta, Marvin Sells, George Hallenbrook, Stephanie Brobst, Renae Hardy, Ray Hurt, Pastor Jeff Myers, and others. Pastor Myers delivered the invocation.
2. A. APPROVAL OF MINUTES OF FEBRUARY 17, 2004, PUBLIC HEARING REGARDING PROPOSED REZONING OF 836 REFUGEE ROAD. Mr. Sabatino moved to approve; Mr. Wright seconded the motion. Roll call was taken with Mr. Parker abstaining, and Mr. Sabatino, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
B. APPROVAL OF MINUTES OF FEBRUARY 17, 2004, REGULAR MEETING. Mr. Wright moved to approve; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Parker abstaining, and Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.
3. APPROVAL OF AGENDA. Mr. Wright moved to approve; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, Mr. O’Brien, Mrs. Riggs, and Mr. Sabatino voting “Yea.” Motion passed, 7-0.
4. COMMUNITY COMMENTS:
A. John Elder, PAE & Associates, Inc. Mr. Elder stated he and Mr. Mitchell were present this evening to address council as they were the apparent low bidder on the base bid for the wastewater treatment plant project. He stated they have been through the bidding process twice, and they appreciate how the city is saving money from the first bid to the second bid. He stated they would commend council on this process, however, there are more dollars that can be saved. Mr. Elder stated his company builds wastewater and water treatment plants, and they see a lot of different projects and a lot of different ideas. He continued with that in mind, there are people in his office who have looked at the plans twice and they feel if some things were done a little differently the city could benefit. He stated they would be happy to answer any questions.
B. Stephanie Brobst, 7020 Blacklick Eastern Road. Ms. Brobst stated she would like to thank council for the changes in the protocol of the meeting as it is a breath of fresh air. Ms. Brobst stated as a Pickerington school bus driver she would like to bring it to the City’s attention that there are no pavement markings at the railroad crossing on Hill Road going north out of town, and also the railroad crossing sign is behind a tree and cannot be seen. She stated she did not know if the City or the railroad was responsible for the pavement markings, but the visibility of the sign is very poor at that crossing. Mr. Wiseman stated the City was responsible for the pavement markings and he would make sure the service department is notified of this. He further stated he will also have them check to make sure the sign is visible. Mr. Wiseman stated if anyone notices something of this nature, they should contact the street department immediately to let them know about it. Mr. Wiseman stated the markings may not occur immediately, but as soon as the weather allows, it will be taken care of. Mr. Wright asked Mr. Wiseman to check the school cross walks and make sure they are in good condition.
Mr. Wisniewski stated it had been written in the paper that he should have the courage to admit he was wrong with regard to the need or the cost of the wastewater treatment plant project. Mr. Wisniewski stated when he is wrong, he will absolutely admit it, and if he has stated we are not at capacity and there is not a need to expand the plant, he is wrong. He continued, however, he felt the current plan is much more than we need, whether in capacity, in fees, or in the cost of it. Mr. Wisniewski stated he felt it was council’s responsibility to look at how and where we are spending the city’s money. Mr. Wisniewski stated if it comes down that we need 300 new homes to fund this, there is no way he will support it as that would be to much for our community and our school system.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no consent agenda items this evening.
6. COMMITTEE REPORTS:
A. RULES COMMITTEE. Mrs. Riggs stated Rules Committee met on March 1st and the minutes have been distributed. Mrs. Riggs stated the Rules Committee has been working on an ethics policy for the City, and all council members will receive a copy of that draft legislation. She stated the Rules Committee would appreciate receiving input from anyone on this legislation. Mrs. Riggs stated they would also like to look at Council and the staff receiving some ethics training so they can better understand the Ohio Ethics law. Mr. Parker stated Mr. O’Brien had attended the Planning and Zoning Commission and it was his understanding that the Planning and Zoning Representative is appointed by Service Committee. He stated Service has not met to make that appointment as yet. Mr. Hackworth stated this item is on the agenda for Service and any council member can attend any meeting if they have an interest.
B. SAFETY COMMITTEE. Mr. Wisniewski stated the Safety Committee also met on March 1st, and the minutes have been distributed. He stated the Committee had discussed the refuse collection contract as it is time to re-bid that contract. He stated he wanted to make sure the citizens are aware that our current contractor does recycling at their plant and the residents do not have to worry about doing that. Mayor Shaver stated if the Township is thinking about contracting for refuse collection, perhaps we can look into bidding it together and get an even better price for our residents. Mr. Wisniewski stated he thought that would be worthwhile to look into. Mr. Mapes stated the City currently as an exclusive contract with Waste Management for residential collection, however, commercial establishments can contract with anyone. Mr. Wiseman stated we are also looking to see if the current contract can be extended for another three years. Mr. Wisniewski stated he would be happy to answer any questions.
7. REPORTS:
A. MAYOR. Mayor Shaver stated discussions with the Township, BIA, and the school district are continuing and they are going very well. Mayor Shaver stated Mrs. Riggs had presented a check to the YMCA on behalf of the city last week. Mayor Shaver stated further we do not have an arts venue in this City as yet, and we are displaying art from the various schools on a rotational basis in council chambers. He stated local artists are also displaying their works in the lobby area. Mr. Wright stated we do have a new group, the Pickerington Arts Society, and they are scheduling several events in the area. Mayor Shaver stated he believed that group was coordinating the art being displayed in the lobby area. Mayor Shaver stated he is also exploring the idea of a digital video of council meetings and having that attached to our web site.
B. LAW DIRECTOR. Mr. Mapes stated he would point out the legislation approving the codifications and changes on tonight’s agenda picks up all of the ordinances passed in the last year and includes them in the codified ordinances. He stated it also picks up changes in the Ohio Revised Code that the General Assembly has enacted. Mr. Mapes stated the most significant were the large changes made last year in the traffic laws. He stated until these codified ordinances are accepted, our police officers must write tickets under the State Code and not the City Code. He stated the result of that is the revenues go to the state and not to the city. Mr. Mapes stated he has written this as an emergency and if council concurs, it would be beneficial to have three readings this evening.
C. FINANCE DIRECTOR. Mrs. Fersch stated Mr. Penning of the State Auditor’s office apologized for not making it for the work session this evening. She stated he was traveling from Cleveland and the snow was much worse in that area. Mrs. Fersch stated Finance Committee will look into a date to reschedule that work session.
D. MANAGER. Mr. Wiseman stated the Manager’s report had been distributed and he would like to note that we had recently promoted Jim Hite to the position of Service Foreman.
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 2004-17, “AN ORDINANCE TO APPROVE THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; TO PROVIDE FOR THE ADOPTION OF NEW MATTER IN THE UPDATED AND REVISED CODIFIED ORDINANCES; TO REPEAL ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; AND TO DECLARE AN EMERGENCY SO AS TO HAVE THE CHANGES NECESSITATED BY THE OHIO GENERAL ASSEMBLY TAKE EFFECT AS SOON AS POSSIBLE,” First Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wright seconded the motion. Mrs. Riggs stated as Mr. Mapes had briefed, this will allow the changes in the traffic code to be included in our Codifieds. She stated there were other changes to the tax code, and it also updates the Charter with the changes voted in at the ballot. She stated she would request three readings this evening. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.” Motion passed, 7-0. Mrs. Riggs moved to suspend the rules for the purpose of three readings; Mr. Parker seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.” Suspension of Rules passed, 7-0. Second Reading. Mrs. Riggs moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0. Third Reading, with Emergency. Mrs. Riggs moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mrs. Riggs, and Mr. Parker voting “Yea.” Motion passed, with emergency, 7-0.
C. 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,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Parker seconded the motion. Mr. Hackworth stated this property is behind the Pizza Hut and Napa Auto Parts. He stated at one time they were renting cranes at this location, and there were several complaints by the residents nearby. Mr. Hackworth stated they are now selling returned leased cars and they also want to detail vehicles. Mr. Hackworth stated there is a limited number of vehicles that will be allowed on the lot outside and inside the building. Mr. Hackworth stated he felt the city was protected by the limits set by this legislation and he supports it. Mr. Sabatino stated there were several restrictions put on this business and Planning and Zoning had recommended approval. Mr. Sabatino stated he felt this was an appropriate use for this property, and he felt council should judge each and every rezoning by the merits associated with it. Mayor Shaver stated this would create a used car lot in the middle of the City and would set a precedent. Mrs. Riggs stated she would like to know how this zoning would benefit the City. Mr. Wisniewski stated he had voted to bring this out of Planning and Zoning and Service because he felt the full council should have the ability to vote on it. He stated he still has a problem with this, and he does not feel this is a good decision. Mr. Wisniewski stated PC-4 zoning is planned highway commercial and this is not on a highway and is, in fact, no where near a highway. He further stated a PC-4 zoning is meant for a new area, and is not meant to jam something there that doesn’t necessarily belong in it. Mr. Parker stated he did not see a problem with the car lot at this location, and if someone else wanted to use this property they would be limited to the restrictions in this legislation, and if someone wanted a change, it would have to go back before Planning and Zoning. Mr. Wisniewski stated in speaking with the Planning and Zoning Director, there have been numerous requests for this type of business throughout the City, and he felt this would set a precedent for that. Mayor Shaver stated the Planning and Zoning Director did not recommend approval of this zoning. Mr. Sabatino stated he felt each of these requests should be looked at on an individual basis. Mr. O’Brien stated after the land use plan is completed, and areas are set aside for this type of business, he would be more prone to support a used car lot in that designated area. Mr. Wright stated the City has put together a plan on what we want the city to look like, and that is why this is currently zoned C-3. He stated further as Mr. Wisniewski had pointed out, a PC-4 is an alternation of the C-3 and does not actually fit in this location, and he felt we needed to be careful of what we decide to put where. Roll call was taken with Mrs. Riggs, Mr. O’Brien, and Mr. Wisniewski voting “Nay,” and Mr. Wright, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 4-3.
D. ORDINANCE 2004-13, “AN ORDINANCE TO ADOPT THE JANICE LANE, LONG ROAD, AND DILEY ROAD STORMWATER STUDY,” Second Reading, Hackworth. Mr. Parker moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 7-0.
E. 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,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Parker 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. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0.
F. ORDINANCE 2004-16, “AN ORDINANCE AMENDING SECTION 5 (EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH) OF ORDINANCE 2003-97 ADOPTING THE BUDGET FOR 2004,” Second Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion. Mr. Wisniewski stated this would authorize one new police officer and a Utilities Billing Clerk being added to the authorized strength. Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Wright, and Mr. Parker voting “Yea.” Motion passed, 7-0.
9. LEGISLATIVE READINGS:
A. 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 PROJECT, 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,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Mr. Hackworth this would rescind the authorization to award contracts under the original bid, and we have re-bid the project after the value engineering. Mr. Wright stated he still felt some of the savings were actually a deferment and he, therefore, could not support this. He stated he understood this was not authorizing a new contract, but he still could not support it. Roll call was taken with Mr. Wright voting “Nay,” and Mr. Hackworth, Mr. O’Brien, Mr. Sabatino, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.” Motion passed, with emergency, 6-0.
B. 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,” Third Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wright seconded the motion. Mrs. Riggs stated this property is located next to the City’s Service Department and will resolve some drainage issues and will provide more space for City employees. Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mr. Parker, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 7-0.
10. MOTIONS: No motions were made.
11. OTHER BUSINESS: Mr. Parker stated he understood all of council had received a letter from a resident expressing their concerns about the building permit lottery. He stated Mr. Wiseman had indicated he would present the suggestion to the Mayor and Council to change the lottery to include only lots that are currently buildable. Mr. Parker questioned when that would be coming forward. Mayor Shaver stated this is part of the issues they are discussing with the BIA now.
12. ADJOURNMENT. There being nothing further, Mr. Hackworth moved to adjourn; Mr. Parker seconded the motion. Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voted “Aye.” Motion carried, 7-0. The meeting adjourned at 8:55 P.M., March 16, 2004.
RESPECTFULLY SUBMITTED:
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ATTEST:
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