PICKERINGTON CITY COUNCIL
CITY HALL, 100
LOCKVILLE ROAD
TUESDAY, MAY 4,
2004
PUBLIC HEARING
7:15 P.M.
OPEN DISCUSSION
REGARDING PROPOSED 2005 TAX BUDGET
Mrs. Riggs opened the public hearing at 7:15 P.M., with the following council members present: Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, and Mr. Wisniewski. Others present were: Frank Wiseman, Lynda Yartin, Linda Fersch, Bob Mapes, Chief Taylor, Mike Maurer, Patti Wigington, and others.
Mrs. Riggs asked if there were any comments from the public, either for or against, the proposed 2005 Tax Budget. There were no comments.
There being no comments, Mrs. Riggs declared the public hearing closed at 7:16 P.M., May 4, 2004.
RESPECTFULLY SUBMITTED:
_____________________________
Lynda D. Yartin, Municipal Clerk
ATTEST:
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Heidi Riggs, Council President Pro Tempore
PICKERINGTON CITY COUNCIL
TUESDAY,
MAY 4, 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, May 4, 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. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. Mr. Parker was absent. Others present were: Frank Wiseman, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Bob Mapes, Rex Myer, George Hallenbrook, Pastor Jeff Myers, Terry McMurray, Tara Myers, Tony Barletta, Linda Fausnaugh, Patti Wigington, Mike Maurer, Tony Dill, Ed Laramee, and others. Pastor Myers delivered the invocation.
2. APPROVAL OF MINUTES OF APRIL 20, 2004, REGULAR MEETING. Mr. Sabatino moved to approve; Mr. Wright 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.
3. APPROVAL
OF AGENDA. Mrs. Riggs moved to
approve; Mr. Hackworth seconded the motion.
Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mr.
O’Brien, Mrs. Riggs, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
4. COMMUNITY COMMENTS: There were no comments.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no consent agenda items this evening.
6. COMMITTEE REPORTS: NONE
Mr. Hackworth stated he did not have a Service Committee report, however, he would like to make everyone aware that Service Committee will hold a work session at 6:30 P.M. on May 13, 2004, just prior to the Service Committee meeting, to review and discuss various transportation and access issues. Mr. Hackworth stated there would be a traffic simulation presented by Stilson Consulting regarding the S.R. 256 traffic.
7. REPORTS:
A. MAYOR. Mayor Shaver stated he had spoken at the Rotary Club today, he is still involved in negotiations with the BIA on that litigation, and he is continuing to have discussions with the Township on various issues. Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed, and he would like to thank the selection committee for their work regarding the new city manager. He stated the field has been narrowed to three and he will be interviewing those individuals. Mayor Shaver presented a proclamation declaring the month of May to be National ALS Awareness Month.
B. LAW DIRECTOR. Mr. Mapes stated he had no report, however, he would answer any questions.
C. FINANCE DIRECTOR. Mrs. Fersch stated Item 8.D. on the agenda authorizes $1,550,000 in bonds to retire notes issued for various street improvements. Mrs. Fersch stated she would request three readings on that ordinance this evening in order to take advantage of the current low interest rates. Mrs. Fersch stated she had distributed an income tax report to Council this evening as well.
D. MANAGER. Mr. Wiseman stated the Manager’s report had been distributed and he would be happy to answer any questions. Mr. Wright inquired as to the status of the signage for Postage Plaza and Bushman Square. Mayor Shaver stated we are in the process of obtaining a bronze plaque for Postage Plaza, however, Bushman Square would be renamed. Mr. Wright stated Council had voted to name that park, and there has been no further council action. Mayor Shaver stated the majority of Council do not wish to proceed with that name. Mr. Wright stated in that case an ordinance rescinding the original action would be required for Council. Mayor Shaver asked Mr. Mapes to prepare the appropriate legislation.
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 2004-30, “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. (TABLED)
C. ORDINANCE 2004-32, “AN ORDINANCE PROVIDING FOR THE ISSUANCE
OF $2,000,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF
THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING PART OF THE COSTS OF
CONSTRUCTING THE NORTHERN EXTENSION TO DILEY ROAD,” First Reading,
Wisniewski. Mr. Wisniewski moved to
adopt; Mrs. Riggs seconded the motion. Mr. Wisniewski stated this would allow the
Finance Director to solicit bids for the project. He stated this will be a one year note in
anticipation of the SIB loan. Roll call
was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mrs. Riggs,
and Mr. Hackworth voting “Yea.” Motion
passed, 6-0.
D. ORDINANCE 2004-33, “AN ORDINANCE AUTHORIZING THE ISSUANCE OF $1,550,000 OF BONDS FOR THE PURPOSE OF RETIRING NOTES ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF CERTAIN STREET IMPROVEMNTS, INCLUDING IMPROVING COURTRIGHT AND DILEY ROADS, REALIGNING EAST STREET AND WIDENING STREETS, CONSTRUCTING SIDEWALKS, CURBS AND GUTTERS ON REFUGEE AND HILL ROADS, AND MATTERS RELATED TO SUCH BONDS, AND THE DECLARATION OF IMMEDIATE NECESSITY AND AN EMERGENCY IN ORDER TO SECURE THE ISSUANCE OF SUCH BONDS DURING THE CURRENT PERIOD OF LOW INTEREST RATES,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this covered various notes that have been taken out since 2000, and by converting to bonds for long term financing we can take advantage of the current low interest rates. Mayor Shaver clarified this will not affect the ten mill limit. 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; Mr. Wisniewski 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; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Sabatino, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, with emergency, 6-0.
E. 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. (TABLED)
F. 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,” Second Reading, Wright/Riggs/Hackworth/Sabatino/Wisniewski/Parker/O’Brien/Mayor Shaver. Mr. Wright moved to adopt; Mrs. Riggs seconded the motion. Mr. Sabatino stated Council had received a proposed amendment to the ordinance and questioned what the amendment was. Mr. Mapes stated the amendment was to clarify that the payment of the filing fee for elected officials would be paid by the City as newly elected officials come on. He stated the Attorney General has issued an opinion that this would be an increase in compensation for current elected officials and cannot occur during their term of office. Mr. Wright stated after reviewing the proposed amendment, and since we are the first City to enact this legislation, he did not feel the elected officials should be reimbursed. He stated he did, however, concur that the fee for employees who would be required to file should be paid by the City. Mr. Mapes stated that was the way the current legislation is written. Council members concurred they did not wish to amend the legislation. 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.
G. 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,” Second Reading, Wisniewski. Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion. Mrs. Fersch clarified this must be passed by July 15th, and filed with the County Auditor by July 20th. 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.
9. LEGISLATIVE READINGS:
A. 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,” Third Reading, Parker. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this ordinance established regulations for the sandwich board type signs in the old downtown area. Mr. O’Brien stated there have been several public hearings and the business owners in the area have been involved throughout the process. Mr. Wisniewski stated you see these types of signs outside of the old downtown and if they are not allowed we should enforce that and have them removed. Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Hackworth, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
B. ORDINANCE 2004-19, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NEPTUNE EQUIPMENT COMPANY,” Third Reading, Parker. Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion. Mr. Hackworth stated this is for the purchase of water meters. 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.
C. 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,” Third Reading, O’Brien. Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion. Mr. O’Brien stated this would allow the manager to enter into an agreement to tie our traffic signals into some ODOT controlled signals, and in turn they will make some modifications to S.R. 256 that should reduce some traffic problems in that area. Mr. Sabatino stated he has the same objections regarding the safety issues he has spoken of in the past. He stated he is still opposed to dropping from three lanes to two by the Marcus Theater and making a left hand turn across three lanes of traffic into the Shoppes at Turnberry shopping center. Mr. O’Brien stated we will be having meetings with ODOT over the summer and when we get to the point to discuss the stripping we can try to persuade them on how it should be done. Mr. Wisniewski clarified that closing the access to the Shoppes at Turnberry would be done by separate legislation and was not a part of this project. Mr. Hackworth stated this issue can be discussed at the work session being held by Service Committee on May 13th, and may be included as a part of the traffic simulation presented. Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, and Mrs. Riggs voting “Yea.” Motion passed, without emergency, 5-1.
D. 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,” Third Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wright seconded the motion. Mrs. Riggs stated this is the final reading on the note renewal. 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.
E. 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,” Third Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wright seconded the motion. Mrs. Riggs stated this is also the final reading on a note renewal. Roll call was taken with Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Hackworth, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
F. 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,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this rescinded the authorization of notes as the City is no longer going forward with the project. Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 4-2.
G. ORDINANCE 2004-25, “AN ORDINANCE TO AMEND CHAPTER 882 OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO THE CITY’S INCOME TAX,” Third Reading, Wright. Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion. Mr. Wright stated this is the final reading that will bring our Code into line with the changes recently passed by the State. Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mr. Wright, Mr. Sabatino, and Mrs. Riggs voting “Yea.” Motion passed, 6-0.
H. 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,” Third Reading, Wright. Mr. Wright moved to declare the emergency; Mr. Hackworth seconded the motion. Mr. Wright stated this is the first phase of the realignment of Diley Road and S.R. 256 to tie in with the improvements on Diley Road. Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, Mrs. Riggs, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, with emergency, 6-0.
I. 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,” Third Reading, Hackworth. 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. Hackworth, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
10. MOTIONS:
Mr. Wright moved for an executive session under Section 121.22(G)(3), Conferences with the law director regarding pending or imminent court actions; Mr. 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.
Council went into executive session at 8:15 P.M, and reconvened in open session at 9:10 P.M.
11. OTHER BUSINESS: No other business was brought forward.
12. ADJOURNMENT. There being nothing further, Mrs. Riggs moved to adjourn; Wright seconded the motion. Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voted “Aye.” Motion carried, 6-0. The meeting adjourned at 9:12 P.M., May 4, 2004.
RESPECTFULLY SUBMITTED:
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ATTEST:
___________________________________