PICKERINGTON CITY COUNCIL
TUESDAY,
APRIL 6, 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, April 6, 2004, at City Hall. Mrs. Riggs called the meeting to order at 7:30 P.M. Roll call was taken as follows: Mr. Wright, Mr. Parker, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mrs. Riggs were present. Mr. Hackworth and Mayor Shaver were absent. Others present were: Frank Wiseman, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Bob Mapes, Terry Jackson, Rex Myer, George Hallenbrook, Pastor Scott Kelso, Linda Fausnaugh, Kelly O’Brien, Patti Wigington, Mike Maurer, Tony Dill, Gail Oakes, Dan Oakes, Vicki Bradley, Matt Schneider, Ed Laramee, and others. Pastor Kelso delivered the invocation.
2. APPROVAL OF MINUTES OF MARCH 16, 2004, REGULAR MEETING. Mr. Sabatino moved to approve; Mr. Parker seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Parker, Mr. Wisniewski, Mr. Wright, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
3. APPROVAL OF AGENDA. Mr. Parker moved to approve; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Parker, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.
4. COMMUNITY COMMENTS:
A. Rex Myer, 261 Pearl Lane. Mr. Myer stated there is a contractor working on installing the water line over on Pearl Lane and they are not compacting the ground after they dig a hole. He stated if the ground is not compacted once it settles there is a low spot that fills with water and you can get mosquitoes breeding there. Mr. Wiseman stated he would look into this problem.
5. APPROVAL OF CONSENT AGENDA: Mrs. Riggs stated there were no consent agenda items this evening.
6. COMMITTEE REPORTS:
A. SERVICE COMMITTEE. Mr. Parker stated the Service Committee met on March 18th, and the minutes have been distributed. He stated he would answer any questions. Mr. Parker stated the legislation on the S.R. 256 and I-70 intersection improvements on tonight’s agenda was forwarded from Service. Mr. Sabatino ascertained the public meeting on the Diley Road widening project has been scheduled for April 22, 2004, from 4:00-7:00 P.M., at the Peace United Methodist Church.
B. FINANCE COMMITTEE. Mrs. Riggs stated Finance Committee met on March 23rd and the minutes have been distributed. She stated Finance will now meet on the third Thursday of each month so the next meeting will be April 15th. Mrs. Riggs stated several items on the agenda tonight came out of the Finance meeting, and she would answer any questions.
7. REPORTS:
A. MAYOR. Mrs. Riggs stated Mayor Shaver was on vacation this week, and the Monthly Mayor’s Court Report has been distributed.
B. LAW DIRECTOR. Mr. Mapes stated the public hearing regarding the portable sign ordinance on tonight’s agenda was held prior to Council. Mr. Mapes pointed out this will only apply to the old downtown area. Mr. Mapes further stated the legislation dealing with the award of the contract on the wastewater plant expansion was forwarded from Service, and subsequently we have received additional information from the EPA as well as some of the contractors, and he would ask that after the first reading it be referred back to Service Committee. Mr. Mapes stated after it is dealt with at Service it will come back to Council in whatever form they feel is appropriate. Mr. Mapes continued that with regard to the legislation on the rezoning that is on for a third reading this evening, it is his understanding that will be tabled tonight and a new ordinance will be substituted at the next meeting. Mr. Mapes stated he would also request a short executive session at the end of the meeting so he can update Council regarding pending litigation. Mr. Wisniewski inquired if there was a procedure Council must follow if they wanted to restructure some of the citizen appointed Boards and Commissions. Mr. Mapes stated some of the Boards and Commissions have specifications of when organization takes place, however, additional members may be added at any time.
C. FINANCE DIRECTOR. Mrs. Fersch stated tonight’s agenda has a note renewal of $1,805,000. She stated $550,000 of this was originally borrowed in 2001 for the sewer plant engineering, $925,000 was added to it in 2002 for the D-Line Phase III, and it became $1,900,000 in 2003 when we added the D-Line Phase IV. She stated we are paying $95,000 on the principal this year, which will bring it to the $1,805,000. Mrs. Fersch stated the rate will be determined approximately two weeks before the notes mature. Mrs. Fersch stated further the note renewal of $450,000 on tonight’s agenda was borrowed in 2001 for engineering for the water plant expansion and we are paying $50,000 on the principal this year. She stated, again, the interest rate will be determined approximately two weeks prior to the notes maturing. Mrs. Fersch stated the $2,000,000 issue is a new issue that Finance Committee approved and is for the Diley Road TIF part of the lane improvements on S.R. 256. She stated this is a negotiated issue with US Bank and we have tentative approval. She stated further we should receive the final approval after their Board of Directors meet within the next week or two. She stated she was requesting one reading and as of right now the rate is 2.22 percent, however, it has not been locked in. She stated the rate would be no more than 2.5 percent in case it would go up. Mrs. Fersch stated she would also request three readings on the appropriation ordinance that is on the agenda.
D. MANAGER. Mr. Wiseman stated the Manager’s report had been distributed and he would be happy to answer any questions.
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 2004-18, “AN ORDINANCE TO AMEND SECTION 1292.05 AND ENACT SECTION 1292.09 OF THE PICKERINGTON CODIFIED ORDINANCES TO PROMULGATE STANDARDS AND REGULATIONS FOR PORTABLE SIGNS IN THE DOWNTOWN PICKERINGTON VILLAGE AREA,” First Reading, Parker. Mr. Parker moved to adopt; Mr. O’Brien seconded the motion. Mr. Parker stated this had been discussed during the public hearing this evening. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
C. ORDINANCE 2004-19, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEPTUNE EQUIPMENT COMPANY,” First Reading, Parker. Mr. Parker moved to adopt; Mr. Wright seconded the motion. Mr. Parker stated this was a contract to purchase water meters throughout the year. Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, 6-0.
D. ORDINANCE 2004-20, “AN ORDINANCE TO PROVIDE PRELIMINARY CONSENT FOR THE ODOT (PID NO. 75901) MODIFICATION TO S.R. 256, TO AUTHORIZE THE CITY MANAGER TO EXECUTE A STATE CONTROLLED CLOSED LOOP SYSTEM AGREEMENT, AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY, AS ODOT’S ACCESS TO STATE FUNDING WILL CEASE AFTER THIS YEAR, THE CITY’S CONSENT IS NECESSARY TO BID AND CONSTRUCT THE PROJECT, AND CAN ONLY BE TIMELY ACCOMPLISHED BY THE EMERGENCY PASSAGE,” First Reading, O’Brien. Mr. O’Brien moved to adopt; Mr. Wright seconded the motion. Mr. O’Brien stated this is for the improvements at S.R. 256, S.R.204, and I-70. He stated we are working with ODOT on this issue and they can tell us about when the end of the paving season is so that we can get the best bonding and best quality of pavement. He stated working that calendar backwards gets us to having to get this passed tonight or at the next council meeting so the project can get started. Mr. O’Brien stated this was before council last year, and it was billed as a temporary fix pending a 2015 study that would recommend changes to the whole freeway configuration. He stated that 2015 study has already begun, and they feel that possibly freeway improvements could start in as little as five years. Mr. O’Brien stated we would have to resurface that area this year out of our own pocket, and it will be more cost effective to enter into the partnership with ODOT for that area than if we just repaved it on our own. Mr. O’Brien stated we can still negotiate the lanes up until the time the striping is done. Mr. Wright stated he was disappointed this was not taken care of last year, and this is the exact same plan as the one proposed last year. He stated he was the only councilmember in favor of this plan last year, and he was very glad it was coming back to council now. Mr. Wright stated the only difference is that we would be turning over three lights to ODOT’s control rather than just one. Mr. O’Brien stated it made more sense to have ODOT control all the lights in that immediate geographic area, timing them together, so they can stage the traffic to keep it moving. Mr. Parker stated he was not in favor of this project last year, and he was not in favor of it now because he felt dropping from three lanes to two in the Marcus Theater area would create a bottleneck. Mr. Sabatino stated last year, ODOT stated it would be unsafe to have a left hand turn across two lanes, and now it would be three lanes. Mr. Wright stated he was not sure the bottleneck would occur by the Marcus Theater as the traffic model showed that most of the traffic coming from I-70 goes up Tussing or down S.R. 204. Mr. Wright further stated there is a provision in the agreement that if the closed loop system does not work we can take control of the traffic signals back. Roll call was taken with Mr. Sabatino and Mr. Parker voting “Nay,” and Mr. O’Brien, Mr. Wright, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 4-2. Mr. O’Brien moved to suspend the rules for the purpose of three readings; Mr. Wright seconded the motion. Roll call was taken with Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Parker, Mr. Wright, Mr. Wisniewski, and Mr. O’Brien voting “Yea.” Suspension of Rules failed, 5-1.
E. ORDINANCE 2004-21, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $1,805,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE SANITARY SEWER COLLECTION AND TREATMENT SYSTEM OF THE CITY, INCLUDING PHASES 3 AND 4 OF THE D-LINE SEWER,” First Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Mrs. Riggs stated as the Finance Director had briefed, this is a note renewal. Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, 6-0.
F. ORDINANCE 2004-22, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $450,000 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 COST OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE WATER SYSTEM OF THE CITY,” First Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Mrs. Riggs stated Mrs. Fersch had also briefed on this renewal issue. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
G. ORDINANCE 2004-23, “AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE 2003-97,” First Reading, Wright. Mr. Wright moved to adopt; Mrs. Riggs seconded the motion. Mr. Wright stated the appropriations are explained in the ordinance and he would be requesting three readings this evening. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.” Motion passed, 6-0. Mr. Wright moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Parker, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.” Suspension of Rules passed, 6-0. Second Reading. Mr. Wright moved to adopt; Mrs. Riggs seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, and Mr. Sabatino voting “Yea.” Motion passed, 6-0. Third Reading. Mr. Wright moved to adopt; Mrs. Riggs seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Parker, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
H. ORDINANCE 2004-24, “AN ORDINANCE RESCINDING ORDINANCE 2003-108 RELATIVE TO THE ISSUANCE OF $490,000 OF NOTES BY THE CITY IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COST OF STREET IMPROVEMENTS KNOWN AS THE HILL ROAD CONNECTOR,” First Reading, Hackworth. Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion. Mr. O’Brien stated this was regarding the Hill Road connector over to East Street. He stated the contract for the property in question expired without action by either party. He stated this was just pulling back the money obligated for that purchase. Mr. Parker stated he felt this would put the City in an impossible situation and he felt this was a mistake, we should have continued forward with that project. Roll call was taken with Mr. Parker and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, and Mr. Wright voting “Yea.” Motion passed, 4-2.
I. ORDINANCE 2004-25, “AN ORDINANCE TO AMEND CHAPTER 882 OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO THE CITY’S INCOME TAX,” First Reading, Wright. Mr. Wright moved to adopt; Mrs. Riggs seconded the motion. Mr. Wright stated this ordinance would bring our tax code into line with a lot of the changes the State of Ohio has adopted. He stated this was mainly a housekeeping item to bring us in line with those laws. Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, and Mr. O’Brien voting “Yea.” Motion passed, 6-0.
J. ORDINANCE 2004-26, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $2,000,000 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING WIDENING AND TURN LANE IMPROVEMENTS FOR STATE ROUTE 256 TO ESTABLISH AN EXIT POINT FOR THE RELAIGNMENT OF DILEY ROAD,” First Reading, Wright. Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion. Mr. Wright stated the Finance Director had briefed on this item during her report. He stated this is a new debt issuance and dealt with the first part of the Diley widening and realignment. Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, and Mr. O’Brien voting “Yea.” Motion passed, 6-0.
K. ORDINANCE 2004-27, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CRACE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT (CIP NO. 0302005),” First Reading, Hackworth. Mr. Parker moved to adopt; Mr. Wright seconded the motion. Mr. Parker stated he would request one reading this evening, and he would then make a motion to refer this issue back to Service Committee. Roll call was taken with Mr. Wisniewski and Mr. Sabatino abstaining, Mr. O’Brien voting “Nay,” and Mr. Parker, Mrs. Riggs, and Mr. Wright voting “Yea.” Motion failed 3-1.
L. RESOLUTION 2004-11R, “A RESOLUTION AUTHORIZING THE CITY MANAGER TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE STATE CAPITAL IMPROVEMENT PROGRAM (SCIP) (FORMERLY ISSUE II) AND TO EXECUTE CONTRACTS AS REQUIRED,” First Reading, Hackworth. Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion. Mr. Wiseman stated the City intends to submit an application to obtain funding for improvements at the Diley Road and Long Road intersection that would include some stormwater management and possibly sidewalks. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
9. LEGISLATIVE READINGS:
A. 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,” Third Reading, Hackworth. Mr. Parker moved to Table; Mr. Wright seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Parker, and Mr. Sabatino voting “Yea.” Motion passed, 6-0. (TABLED)
B. ORDINANCE 2004-13, “AN ORDINANCE TO ADOPT THE JANICE LANE, LONG ROAD, AND DILEY ROAD STORMWATER STUDY,” Third Reading, Hackworth. Mr. Parker moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, 6-0.
C. 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,” Third Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Mrs. Riggs stated this is the final reading on a note renewal. Roll call was taken with Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mr. Parker, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
D. ORDINANCE 2004-16, “AN ORDINANCE AMENDING SECTION 5 (EMPLOYEE PAY PLAN AND AUTHORIZED STRENGTH) OF ORDINANCE 2003-97 ADOPTING THE BUDGET FOR 2004,” Third Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mr. Parker, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
10. MOTIONS: Mr. Wright stated it concerned him greatly that the wastewater plant expansion failed this evening. He stated there are only two ways for things to be paid for. He stated doing the expansion does mean that there will have to be growth to pay for it, and without it the city would be looking at alternatives. He stated that would mean we would have to raise rates for the individual users of the city for water and sewer.
Mr. Wright moved for an executive session under Section 121.22(G)(3), Conferences with the law director regarding pending or imminent court actions; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
Council went into executive session at 8:20 P.M, and reconvened in open session at 9:00 P.M.
Mr. O’Brien moved to reconsider Ordinance 2004-27, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CRACE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT (CIP NO. 0302005);” Mr. Wright seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Wright, Mrs. Riggs, Mr. Sabatino, Mr. O’Brien, and Mr. Parker voting “Yea.” Reconsideration passed, 6-0. First Reading. Mr. O’Brien moved to adopt; Mr. Wright seconded the motion. Roll call was taken with Mr. Wisniewski abstaining, and Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Parker, and Mr. Sabatino voting “Yea.” Motion passed, 5-0.
Mr. O’Brien moved to refer Ordinance 2004-27, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CRACE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT (CIP NO. 0302005),” back to Service Committee; Mr. Wright seconded the motion. Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.
11. OTHER BUSINESS: No other business was brought forward.
12. ADJOURNMENT. There being nothing further, Mr. Wright moved to adjourn; Mr. O’Brien seconded the motion. Mr. Sabatino, Mr. Parker, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voted “Aye.” Motion carried, 6-0. The meeting adjourned at 9:15 P.M., April 6, 2004.
RESPECTFULLY SUBMITTED:
__________________________________
ATTEST:
___________________________________