PICKERINGTON CITY COUNCIL

                                                 TUESDAY, APRIL 20, 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 20, 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, Rex Myer, George Hallenbrook, Pastor Scott Kelso, Linda Fausnaugh, Patti Wigington, Mike Maurer, Tony Dill, Gail Oakes, Dan Oakes, Dennis Boruszewski, Jeanette Boruszewski, Jeff Fix, Tony Barletta, Pat Shaver, Rena Hardy, Harry Myers, Steve Malone, and others.  Pastor Kelso delivered the invocation. 

 

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

 

B.         APPROVAL OF MINUTES OF APRIL 6, 2004, PUBLIC HEARING ON PROPOSED ZONING TEXT AMENDMENT CONCERNING PORTABLE SIGN REGULATIONS IN THE OLDE PICKERINGTON VILLAGE AREA.  Mr. O’Brien moved to approve; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Wright abstaining, and Mr. Sabatino, Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

3.         APPROVAL OF AGENDA.  Mr. Parker moved to approve; Mrs. Riggs 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.        Rex Myer, 261 Pearl Lane.  Mr. Myer stated he would like to comment on the water line being put in on Pearl Lane.  Mr. Myer stated the lines were not staked out and the contractor hit two or three lines that caused damage to homes.  Mr. Myer stated further he did not know who designed the project in the downtown, but there is a big dip in the road.  Mr. Myer stated he felt whoever was drawing put plans for the city wasn’t doing a very good job.  Mr. Wiseman stated the city has taken care of the individuals affected by the water line project.   

 

B.         Dennis Boruszewski, 542 Warwick Lane.  Mr. Boruszewski stated he would like to address the S.R. 256/I-70 work.  He stated he has some reservations about this project, especially the portion that brings three lanes down to two in the area of Marcus Theater.  He stated further he did not see why we would allow left-hand turns across three lanes of traffic into the Turnberry Shopping Plaza.  Mr. O’Brien stated he would like to point out that the actual widening of the road and the merge will be the result of striping, and we have until sometime in the summer before we have to actually determine where the striping will go and whether or not to allow that merge.  Mr. O’Brien stated the engineers will show traffic models at the next Service Committee meeting and that will help with the decision on that merge issue.  Mr. Hackworth stated further there have been two public meetings on this issue, and he concurred with Mr. O’Brien that the decision is not final as yet.  Mr. Hackworth stated as far as the left hand turn, that is also still being considered and it may not happen. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there were four items on the Consent Agenda this evening.  Resolution 2004-12R, “A Resolution appointing Frederick E. Wright to the Board of Zoning Appeals,” Resolution 2004-13R, “A Resolution appointing Tory Kramer to the Planning and Zoning Commission,” Resolution 2004-14R, “A Resolution re-Appointing Diane Shankland to the Parks and Recreation Board,” and Resolution 2004-15R, “A Resolution creating a Stormwater Basin Trust Fund.”    Mr. Sabatino moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.  

 

6.         COMMITTEE REPORTS: 

 

            A.        RULES COMMITTEE.  Mrs. Riggs stated Rules Committee met on April 5th, and the minutes have been distributed.  She stated items on tonight’s agenda from that meeting included the appointments just approved on the consent agenda.  She stated she was pleased to have the ethics ordinance on for a first reading tonight, and we will be the first city to implement this.        

 

            B.         SAFETY COMMITTEE.  Mr. Wisniewski stated Safety Committee also met on April 5th, and those minutes have also been distributed.  Mr. Wisniewski stated the Committee had discussed the refuse collection contract and we are looking at some options on that contract.  He stated further the skate park is open and appears to be well utilized.  Mr. Wisniewski stated the park is not for bikes, but is limited to skateboards and rollerblades.     

 

            C.        SERVICE COMMITTEE.  Mr. Hackworth stated Service Committee met on April 8th, and the minutes have not been distributed as yet.  He stated after interviewing several consultants to update the Comprehensive Land Use Plan, the recommendation for McBride Dale Clarion was moved out of Service to Council on tonight’s agenda.  He stated the award of the contract for the wastewater treatment plant expansion did not come out of Service so that ordinance would be tabled this evening.  Mr. Hackworth further stated there will be a public meeting on the Diley Road widening project on Thursday, April 22, 2004, from 4:00 P.M. to 7:00 P.M.  Mr. Wiseman stated if any individual cannot make that public meeting, there are comment sheets in the lobby of City Hall that can be picked up, filled out, and returned. 

 

            D.        FINANCE COMMITTEE.  Mrs. Riggs stated Finance Committee met on April 15th, and those minutes have also not been distributed.  She stated our Bond Counsel, Dennis Schwallie, gave a presentation on converting our notes to bonds on street issues.  She stated she would answer any questions. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated with regard to the public meeting on Diley Road this coming Thursday, the time of 3:15 to 4:15 P.M., has been set aside for the media and any questions they may have.  Mayor Shaver presented a proclamation for Arbor Day to Mr. Steve Malone, Chairman of the Tree Commission.   Mayor Shaver stated he has had very encouraging meetings with the Township and looked forward to working with them on a couple of projects. 

 

B.         LAW DIRECTOR.  Mr. Mapes stated Item 8.D. on the agenda tonight will allow a builder to ask for a permit to be re-evaluated for a different style house, but does not affect the lottery.  He stated it was written as an emergency in order to be in effect prior to the next lottery on May 10th.  Mr. Mapes stated also as Mr. Hackworth had noted the award of the wastewater treatment plant expansion contract should be tabled this evening as Service Committee had not completed their review.  Mr. Mapes continued that Council had been provided an amended ordinance for 2004-12 dealing with the rezoning of 836 Refugee Road.  Mr. Mapes stated this amended ordinance provides for a councilmanic variance as opposed to a rezoning, it is for a limited time and allows for the variance to be revoked should any of the conditions be violated.  Mr. Mapes stated at the end of the lease the variance will also cease.  Mr. Mapes stated he would also request an Executive Session at the end of the meeting so he can discuss the purchase of property and update Council on litigation. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated the Tax Budget, by state law, must be passed by July 15th, and it is on tonight for a first reading.  She stated she was also requesting Council set the required public hearing on the tax budget.  Mrs. Fersch stated she would ask for three readings on the appropriation ordinance as there are several items she needs to take care of.   

   

D.        MANAGER.  Mr. Wiseman stated the Manager’s report had been distributed and he would be happy to answer any questions.  Mr. Wiseman stated Mrs. Fersch had also created a debt analysis study for the wastewater utility and is 95 percent done with an analysis of the water funds.        

 

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 2004-28, “AN ORDINANCE TO ENACT CHAPTER 250 OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO ETHICS POLICY FOR ELECTED OFFICIALS AND EMPLOYEES OF THE CITY,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Wright stated although he was listed as sponsor, if everyone agreed, he would ask that all of Council be listed as the sponsor.  Mr. Wright stated Pickerington will be the first City that has taken the State ethics guidelines and put them into a local ordinance form.  He stated the bulk of the ordinance is basically a restatement of the State’s ethics laws.  He stated we have also gone to an additional level and will require the filing of the ethics form by the City Manager, the Law Director, the Finance Director, and should the engineer become a full time employee, they will also be required to file the form.  Mr. Parker stated as elected officials are already required to file this form, this legislation would basically just add the requirement for these four employees to file.  Mr. Wright stated it would also add an education component.  Mrs. Riggs stated she also felt this was about public trust, and it also allowed removal of an employee from a discipline and removal standpoint, in addition to the penalties under state law.  Mr. Wright stated he felt the most important part was the educational element as it can make someone realize where a conflict may lie that they had never thought of.  Mayor Shaver stated he felt it was important that the public is absolutely sure that individuals, not only the elected officials, but the top management in the community are making decisions that are free from economic self-interest.   Mr. Parker stated he thought we may want to add some appointed positions to this requirement.  He continued that there has been no housing subdivision voted on by Council that did not come through Planning and Zoning Commission, and perhaps we should have that Commission also file a financial disclosure.  Mayor Shaver stated this is a first reading tonight and perhaps Mr. Parker could speak to Mr. Mapes about that issue.  Mr. Wright asked Mr. Mapes if that would be possible, and Mr. Mapes stated the members of the Planning and Zoning Commission are considered city employees even though that is an unpaid position.  He stated there is nothing that would not allow them to be included in the ordinance, that is something Council would have to determine as the City’s policy makers.  Mr. Wright stated Mr. Mapes was also going to check with other communities to see if they pay the filing fees as the way this is written the city would now pay that fee rather than the council members and employees that are required to file.  Mr. Mapes stated he did not have that information this evening, but he would get it by the next meeting.  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. 

 

C.        ORDINANCE 2004-29, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH McBRIDE DALE CLARION FOR LAND USE PLANNING SERVICES,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this has been a long process, however, he felt this firm met all of our needs.  Mr. Sabatino stated he participated in the interviews and he concurred with this selection.  Mr. Hackworth stated if there were no objections, he would request three readings this evening.  Roll call was taken with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 7-0.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mr. Sabatino seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mrs. Riggs, Mr. Sabatino, Mr. O’Brien, and Mr. Parker voting “Yea.”  Suspension of Rules passed, 7-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. O’Brien 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.  Third Reading.  Mr. Hackworth moved to declare the emergency; Mr. Wright seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Sabatino, Mr. Wisniewski, Mr. Parker, and Mrs. Riggs voting “Yea.”  Motion passed, with emergency, 7-0. 

 

D.        ORDINANCE 2003-30, “AN ORDINANCE TO ENACT SECTION 1442.04 OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO BUILDING PERMIT TRANSFERS AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO HAVE THE CHANGES IN PLACE BEFORE THE NEXT GROWTH PLAN LOTTERY ON MAY 10, 2004,” First Reading, O’Brien.  Mr. O’Brien moved to Table; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 7-0.  (TABLED)

 

E.         ORDINANCE 2004-31, “AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE 2003-97,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated these were appropriation changes and they were outlined in the ordinance.  He stated he 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.  Mr. Hackworth 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. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Suspension of Rules passed, 7-0.  Second Reading.  Mr. Hackworth moved to adopt; Mr. Wisniewski 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.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 7-0. 

 

F.         RESOLUTION 2004-12R, “A RESOLUTION APPOINTING FREDERICK E. WRIGHT TO THE BOARD OF ZONING APPEALS,” First Reading, Riggs.  Mr. Sabatino moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

G.        RESOLUTION 2004-13R, “A RESOLUTION APPOINTING TORY KRAMER TO THE PLANNING AND ZONING COMMISSION,” First Reading, Riggs.  Mr. Sabatino moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

H.        RESOLUTION 2004-14R, “A RESOLUTION RE-APPOINTING DIANE SHANKLAND TO THE PARKS AND RECREATION BOARD,” First Reading, Hackworth.  Mr. Sabatino moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

I.          RESOLUTION 2004-15R, “A RESOLUTION CREATING A STORMWATER BASIN TRUST FUND,” First Reading, Hackworth.  Mr. Sabatino moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

J.          RESOLUTION 2004-16R, “A RESOLUTION TO ADOPT THE 2005 TAX BUDGET TO MEET THE JULY 15, 2004, DEADLINE AS SET FORTH IN THE OHIO REVISED CODE, SECTION 5705.28,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wisniewski stated this is the 2005 tax budget that Mrs. Fersch had prepared and we are required to submit by July 15th.  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.    

 

K.        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,” Second Reading, Parker.  Mr. Parker moved to adopt; Mr. O’Brien 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. 

 

L.         ORDINANCE 2004-19, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEPTUNE EQUIPMENT COMPANY,” Second Reading, Parker.  Mr. Parker moved to adopt; Mr. O’Brien seconded the motion.  Mr. Parker stated he would answer any questions.  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. 

 

M.        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,” Second Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Mr. Sabatino ascertained that by giving up control of the timing of the signals at the 204/256 intersection, we do not give up control of the intersection.  Mr. Sabatino stated he would like to state again that he is opposed to allowing a left hand turn across three lanes of traffic into the Turnberry Shopping Center.  Mr. Parker stated he was also opposed to the proposed three lanes merging into two lanes in front of Marcus Theater as he felt that would cause a traffic bottleneck.  Mr. Hackworth stated our traffic engineer was recommending we allow the control of the signals to be handled by ODOT as that would allow them to set the timing to move traffic through that intersection.  Mayor Shaver stated this Council still has the ability to close that entrance to Turnberry if they desired to do so.  Mr. Sabatino stated if that were going to be done, it should be done now, as that is a real safety issue with him.  Mr. Wright stated he would like to point out that the access to Turnberry is not actually a part of this legislation and should be dealt with as a separate issue.  He continued that he agrees this left hand turn across three lanes is a safety issue, and that is why we have been working with the developer to create the new entrance at the Winderly Lane signal that is currently being constructed.  Mr. O’Brien stated the access points all along S.R. 256 are a major concern to him and he fully intends to support closing the ones we can.  Mr. Hackworth stated the access plan is on the next Service Committee agenda for review.   Roll call was taken with Mr. Sabatino and Mr. Parker voting “Nay,” and Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski and Mr. Hackworth voting “Yea.”  Motion passed, 5-2. 

 

N.        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,” Second Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wright seconded the motion.  Mrs. Riggs stated this is a note renewal.  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. 

 

O.        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,” Second Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Mrs. Riggs stated this is also a renewal of a note.  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.  

 

P.         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,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this was intended for engineering work and purchase of property that the City is no longer going to pursue.  Mr. Parker stated he felt the City would regret not doing this project.  Roll call was taken with Mr. Parker and Mr. Sabatino voting “Nay,” and Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 5-2. 

 

Q.        ORDINANCE 2004-25, “AN ORDINANCE TO AMEND CHAPTER 882 OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO THE CITY’S INCOME TAX,” Second Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Wright stated this ordinance would bring our tax code into line with the State of Ohio tax code.  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. 

 

R.         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,” Second Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Wright stated this is a new borrowing for the realignment of Diley Road at S.R. 256.  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. 

 

S.         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),” Second Reading, Hackworth.  Mr. Hackworth moved to Table; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, and Mr. Sabatino voting “Yea.”  Motion passed, 6-1.  (TABLED)  Mr. Hackworth stated he would just like to make the statement that he was opposed to this project as he felt it was too much.  He stated the City had commissioned a Cost of Community Services Study for the period of 1991 through 2001.  He stated this study concluded that during that period the City of Pickerington experienced a 51 percent growth of population, per capita revenues increased approximately 60 percent, and per capita expenditures increased by 93 percent.  He stated during that ten year period the average growth was slightly less than 4.5 percent and to continue that rate of growth, we would need to allow around 180 new homes each year.  Mr. Hackworth stated with the proposed wastewater plant expansion, based on 180 new homes each year, we would have wastewater capacity for the next 42 years.  Mr. Hackworth questioned if we needed to look that far ahead.  Mr. Hackworth stated he felt we must find something smaller in both size and expense.  Mr. Sabatino stated he felt a five percent growth rate was reasonable.  Mr. Wisniewski stated that would be five percent that is on our sewer system, and this would not include Sycamore Creek or Fox Glen.  Mrs. Riggs stated the combination of debt on the current system plus what we would incur on the new system would be approximately $22 million.  Mrs. Riggs stated prior to moving forward with taking on this additional debt she would like to see more options.  Mr. O’Brien stated while he agreed with the financial views, we had the first reading on the updating of our Land Use Plan this evening.  He stated once that update is completed we should get a recommended rate of growth and, with that, how big a sewer plant we need and how soon we need it.  He stated he felt it might be time to let the process work.  Mr. Sabatino stated if this is not the plant that we need, why don’t we start over with something that we do need.  Mr. Wisniewski stated he would like to have all of the answers to the best direction the City should take before a decision is made on what we should do.  Mr. Wright stated in the Cost of Community Services Study it concluded that for every dollar of revenue the City had 90 cents of expense, so we were not in the red.  He further stated he thought the EPA determined this is the capacity that we needed and there would be sanctions if we do not pursue this, and there will be problems.  Mr. Wright further stated if we stop growth that will not solve the problem because growth is still occurring outside the City boundaries.  He stated we need to take a regional look at this.  Mayor Shaver stated he concurred we should work as a regional entity.  Mr. Parker stated the expansion was designed the way it was because that would be the last expansion this plant would have and that is the capacity that stream will have. 

 

T.         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,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated the City intends to submit an application to obtain funding for improvements at the Diley Road and Long Road intersection that would help with the flooding problem.  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. 

 

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.  (TABLED)  Mr. Hackworth moved to Remove from the Table; Mr. Parker seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0.  Mr. Hackworth moved to amend by substitution; Mr. Parker seconded the motion.  Roll call on the motion to amend was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mrs. Riggs, and Mr. Parker voting “Yea.”  Motion to amend passed, 7-0.  Third Reading, as amended.  Mr. Sabatino moved to adopt; Mr. Parker seconded the motion.  Mr. Parker moved to declare the emergency; Mr. Wright seconded the motion.   Mr. Parker stated he would like to get this taken care of as we have been working on it since December.  Mr. Sabatino stated he would like to thank everyone that worked on this as he felt it was a very reasonable solution to a potential problem.  Roll call was taken with Mr. Sabatino, Mr. Parker, Mr. Wisniewski, Mr. Wright, Mr. O’Brien, Mr. Hackworth, and Mrs. Riggs voting “Yea.”  Motion passed, with emergency, 7-0. 

 

10.       MOTIONS:  

 

A.        Mr. Parker moved to set the Public Hearing for open discussion regarding the proposed 2005 Tax Budget for May 4, 2004, at 7:15 P.M.; Mr. Hackworth seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, and Mr. Parker voting “Yea.”  Motion passed, 7-0. 

 

B.         Mr. Wright moved for an executive session under Section 121.22(G)(2), the purchase or sale of public property, and Section 121.22(G)(3), Conferences with the law director regarding pending or imminent court actions; Mr. Parker seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0. 

 

Council went into executive session at 9:20 P.M, and reconvened in open session at 10:00 P.M.

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. Wright moved to adjourn; Mrs. Riggs seconded the motion.  Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Parker, and Mr. Sabatino voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 10:05 P.M., April 20, 2004.

 

RESPECTFULLY SUBMITTED: 

 

 

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Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

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David Shaver, Mayor