PICKERINGTON CITY COUNCIL

                                                  TUESDAY, JUNE 1, 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, June 1, 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, Ann Ellis, Commander Mike Taylor, Bob Mapes, Judith Gilleland, Rick Palsgrove, Mike Maurer, Tony Dill, Rex Myer, Teresa Meno, Michael Meno, Amy Green, Todd Green, Judy McDowell, Dick McDowell, Michael Bashou, Debbie Bashou, Denise Agriesti, Melissa Grim, Michael Grim, Jeff Fix, Tony Barletta, Dan Oakes, Gail Oakes, John Darby, Larry Fast, Brian Bosch, Mackenzie Fry, Arlene Stoyer, Betty Hardin, Karen Burkhart, Steve Starr, Alicia Weitzel, and others.  Mr. Wisniewski delivered the invocation. 

 

2.         A.        APPROVAL OF MINUTES OF MAY 18, 2004, PUBLIC HEARING REGARDING PROPOSED ZONING TEXT AMENDMENT CONCERNING STORAGE BUILDINGS (SHEDS).  Mr. O’Brien moved to approve; Mr. Wisniewski 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. 

 

B.         APPROVAL OF MINUTES OF MAY 18, 2004, REGULAR MEETING.  Mr. Sabatino moved to approve; Mrs. Riggs 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.  Mr. Wright moved to approve; Mr. Wisniewski 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:  

 

A.        Arlene Stoyer 260 Diley Road.  Ms Stoyer stated she was present to address the Diley Road widening project, and when she purchased her home last year she was unaware of this project.  Ms Stoyer stated this project would put a five lane highway less than 35 feet from her home with only a six inch curb.  She stated further she had measured from the middle of the highway and with the 50 foot plan the highway would be 14 feet from the nearest building at the elementary school.   She stated this would make it very difficult for the children in the school to study.  Ms Stoyer stated further she felt this would create safety issues with semi trucks and all the traffic on the highway.  Ms Stoyer stated she would request Council have a study done to consider a three lane highway or postponing the project until there is a better solution for everyone, so she would request Council table the item this evening. 

 

B.         Betty Hardin, 280 Diley Road.  Ms Hardin stated she would also like to address the Diley Road project.  She stated she has lived there for 30 years and she feels the widening to five lanes will create a lot of safety problems.  She stated the residents would not be able to pull out of their driveways onto a five lane highway safely.  She further stated she was also asking Council to table the issue for further study and to consider changing the project from five lanes to three lanes. 

 

C.        John Darby, 310 Diley Road.  Mr. Darby distributed a handout he asked be attached to the record.  Mr. Darby stated he would also like to address the Diley Road issue, and he would also like to ask that Council table the item on tonight’s agenda until further independent studies regarding traffic and environmental issues are done, and total disclosure is made to the residents, as well as, a reevaluation of the financial status of the City of Pickerington as to how it relates to this project.  Mr. Darby stated five lanes will generate far more traffic than it will help the flow, and will also create more safety issues, as well as, health issues.  Mr. Darby again stated he would like to request Council table the issue this evening. 

 

D.        Karen Burkhart, 9980 Busey Road.  Ms Burkhart stated she has some of the same concerns on the Diley Road project that have been mentioned already, and she was also concerned about the resale value of her home if this goes through.  She stated taxes keep going up and the value of her home will go down.  She stated she is also concerned about the traffic signal that would be going in at the intersection of Busey Road and Diley. 

 

E.         Rex Myer, 261 Pearl Lane.  Mr. Myer stated with regard to the issue of slowing growth, the citizens of the City had voted and passed that issue at the ballot. 

 

F.         Steve Starr, 8650 Diley Road.  Mr. Starr stated he also was concerned about the Diley Road project.  He stated he had spoken to almost all of his neighbors and no-one is in favor of a five lane highway.  He stated he would like to know why the road cannot go on the west side because there are no houses on that side down on his end of the road.  Mayor Shaver stated he thought Council may send this back for further evaluation to determine if they are going to use a centerline or west line.  He stated further Diley Road will become a major exchange off of Route 33, and that is likely where the hospital is going to built that is being contemplated by Mt. Carmel.  He stated it may be in our long term best interest to do a five lane road. 

 

G.        Amy Green, 320 Diley Road.  Ms Green stated she would also like to address the Diley Road project.  She stated she would like to see three lanes versus five lanes.  Ms Green stated the problem she has with traffic is getting onto I-70, and she thought this would just bottleneck everything and no-one would be able to get out of town.  Ms Green stated she would like to know if Council had considered the heavy traffic, the continued growth of the south and southeast areas, and the new Lancaster outer belt that will reroute traffic onto Diley Road.  Ms Green stated she felt this would open the floodgates to traffic and would cause our residential Diley Road to be renamed Interstate Diley.  Ms Green stated she understood this project had been inherited by this Council, however, she asked that all of Council take this information into consideration before making their final decision.  Ms Green stated five lanes will have a very negative impact on a residential area and will depreciate the homes by a great amount. 

 

H.        Teresa Meno, 782 North Starr Drive.  Ms Meno stated the city’s mission statement states the goal is to ensure a positive quality of life for all city residents.  She stated she was concerned about the effect of the Diley Road widening would do to Pickerington and it’s residents.  She stated she was concerned for the residents that face Diley Road and she cannot imagine what they would face if this road is a five lane highway.  Ms Meno stated there are dozens of homes that face Diley, along with two schools and two churches.  Ms Meno stated these homes will lose their value and that will turn into a domino effect for the entire community. 

 

I.          Melissa Grim, 350 Diley Road.  Mrs. Grim stated she has spoken with almost all of council in the past few days, and she was not present tonight to argue for or against the Diley Road project.  She stated she was here tonight to present their unique and urgent position.  Mrs. Grim stated at the beginning of March she had accepted a job in Virginia and in order to move by July they put their house on the market on April 1st.  She continued that when they learned of the Diley widening project, they met with the Acting City Manager and a representative from the city’s engineering firm.  She stated they were told their house was a total acquisition and they were advised to take their house off the market since ethically they could not sell a house that would be taken by the city within a year.  Mrs. Grim stated they were told there was a 95-99 percent chance the centerline widening would be chosen, and they did take their house off the market on April 23rd.  Mrs. Grim stated now with another alternative being discussed, their house might not be taken and that makes it impossible for them to sell their house.  Mrs. Grim stated they were asking for Council’s help this evening as they are now in an impossible situation.  Mrs. Grim stated they were asking that Council purchase their home for the asking price, and that would give the city control of the property until a decision is made.  Mayor Shaver asked Mr. and Mrs. Grim to call his office and schedule a meeting with him. 

 

J.          Denise Agriesti, 9377-1/2 Diley Road.  Ms Agriesti stated she had recently moved to the area and this whole project has come as a surprise to her.  Ms Agriesti stated she understood that the road must be widened, but she also wanted to know if any of council would live on that road if it were made into a five lane highway.  She stated she did not think they would be willing to put their families at that risk or be willing to live with what would happen when the road is widened.  Ms Agriesti stated if they would not live with it, why should the current residents.  She stated she would like to know if some type of compromise could be reached.  Ms Agriesti questioned why there were not options for a three lane road as there are several options for the five lane road.  Ms Agriesti stated everyone keeps saying this is being funded by federal funds, but that is still taxpayers money.  Ms Agriesti stated there is also a very fragile ecosystem in this area, and a five lane highway will destroy that. 

 

K.        Larry Fast, 280 Diley Road.  Mr. Fast stated he has lived on Diley Road for many years.  He stated he is proud of this community as he thought he would be here to voice his concerns about this project all alone tonight.  Mr. Fast stated the residents are speaking to Council and he hoped they were listening to them.  Mr. Fast stated Diley Road needs help, but every road in this community needs help, and it appeared to him that Council was putting all their money into this road and creating a freeway.  Mr. Fast stated he has spoken to several people along Diley Road and some people are for the widening project, and he respects that.  Mr. Fast stated he felt that the community had never been given a choice in this project and it was being pushed on them because the money was coming from somewhere else.  Mr. Fast stated if we cannot afford to do this project ourselves do we really need to do it at all.  He stated in five to twenty years we, as a community, will be taxed to maintain this road, and he did not think we have the resources now to police it, maintain the stripping, snow removal, and all of the work that comes along with the road.  Mr. Fast stated he would like to see the Council reevaluate this project before making a decision because five lanes is too much.  He stated he had also measured from the centerline and the new road would be 14 feet from the school building. 

 

Mr. Wisniewski stated he would like to know since there is going to be additional traffic coming onto Diley Road from Rt. 33, if there was a choice of five lanes or doing nothing, would everyone be willing to accept the consequences of that.  (There was an affirmative response.)

 

L.         Jacqueline Valdez.  Ms Valdez stated if people do not want to fight the traffic on Diley Road, they will find an alternative route.  She stated Council needs to look at the whole picture, and in speaking of the betterment of the community, the community was not paying their mortgages and when their homes depreciate who would be compensating the residents for that. 

 

M.        Alicia Weitzel, 229 Lillian Drive.  Ms Weitzel stated she is a teacher and she cannot imagine what it would be like to teach at Pickerington Elementary with a major highway 14 feet from a classroom.  Ms Weitzel stated it is already difficult for the residents who live on Diley Road to try and get out onto the road and if it is expanded it will become almost impossible for them to do that.  She stated the noise level will be unbearable from a five lane highway and the crime rate will increase in that area.  Ms Weitzel also questioned what the impact of this expansion would have on Pickerington Ponds.  She further stated some of the homes on Diley Road have been there for over a hundred years, and these people would not be able to live in them.     

 

N.        Jessie Valdez.  Mr. Valdez stated he would like to point out that everyone here tonight is not against Council personally, but he would ask that council look at the whole picture.  Mr. Valdez stated everyone is against the fact that their lives would be disrupted, the value of their homes would be depreciated, and he hoped council would look at the families that will be affected. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there were no consent agenda items this evening.    

 

6.         COMMITTEE REPORTS:  

 

            A.        FINANCE COMMITTEE.  Mrs. Riggs stated Finance had met on May 20th and the minutes have been distributed.  She stated she would answer any questions anyone might have.   

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated he would like to introduce Judith Gilleland, who will be our new City Manager.  Mayor Shaver stated the Monthly Mayor’s Court Report had been distributed. 

 

B.         LAW DIRECTOR.  Mr. Mapes stated he had nothing to report, however, he did have some items for the executive session later in the meeting.   

 

C.        FINANCE DIRECTOR.  Mrs. Ellis stated she had nothing to report.   

   

D.        MANAGER.  Mr. Wiseman stated the Manager’s report had been distributed and he would be happy to answer any questions. 

 

Mrs. Riggs moved for an Executive Session under Section 121.22(G)(1), Matters involving an employee or public official’s appointment, Section 121.22(G)(3), Conference with the law director regarding pending or imminent court action, and Section 121.22(G)(2), purchase or sale of public property; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

Council went into executive session at 9:25 P.M., and reconvened in open session at 10:15 P.M.

 

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 2004-36, “AN ORDINANCE TO ENACT A REVISED GROWTH MANAGEMENT PLAN FOR THE ISSUING OF HOUSING PERMITS,” First Reading, Hackworth.  (TABLED)

 

C.        ORDINANCE 2004-37, “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 very well outlined on the legislation and he would try to answer any questions.  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. 

 

D.        ORDINANCE 2004-38, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BARB SLAVEN FOR PUBLIC INFORMATION CONSULTING SERVICES,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Mrs. Riggs stated Ms Slaven’s contract will be up in July, and this will continue the contract until the end of the year at a cost not to exceed $25,000.  Mrs. Riggs stated she felt this would assist the new City Manager as she gets settled into the city.  Mr. Sabatino stated he felt this is something we should let the new city manager deal with.  Mayor Shaver stated this contract provides for a monthly retainer and is also a month-to-month contract and can be terminated if the new city manager feels it is not necessary.  Mr. Wright stated he would abstain from this vote as he is close friends with Ms Slaven.  Roll call was taken with Mr. Wright abstaining, Mr. Sabatino voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 4-1.  Mrs. Riggs moved to suspend the rules for the purpose of three readings; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wright abstaining, Mr. Sabatino voting “Nay,” and Mr. Hackworth, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Suspension of Rules failed, 4-1. 

 

E.         ORDINANCE 2004-38, “AN ORDINANCE CONCURRING IN THE APPOINTMENT OF JUDITH A GILLELAND TO THE POSITION OF CITY MANAGER,” First Reading, Mayor Shaver.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-1.  Mr. Hackworth moved to amend by substitution with the ordinance concurring in the appointment of Judith Gilleland and to authorize entering into the contract that was provided to Council; Mr. Wisniewski seconded the motion.  Roll call on the motion to amend by substitution was taken with Mrs. Riggs, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Motion to amend by substitution passed, 6-0.  Mr. Hackworth moved to suspend the rules for the purpose of three readings; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Wright voting “Nay,” and Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, Mr. Sabatino, and Mrs. Riggs voting “Yea.”  Suspension of Rules failed, 5-1. 

 

F.         RESOLUTION 2004-19R, “A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF PICKERINGTON, OHIO, OF THE QUESTION OF CONTINUATION OF THE TAXATION OF A SHAREHOLDER’S DISTRIBUTIVE SHARE OF NET PROFITS OF AN S CORPORATION,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Wright stated under new state law there is a new requirement that cities must declare how they are going to handle S corporation taxes.  He stated in order for us to comply with that law we must present to the electors of the City the process to vote on how we are going to do that.  He stated this will place that decision before the electors.  Mr. Mapes stated this will continue the way we have been doing it, however, it is mandatory that we present it to the electors for approval.  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. 

 

G.        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,” Second Reading, O’Brien.  Mr. O’Brien moved to Table; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0.  (TABLED)

 

H.        ORDINANCE 2004-34, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT EXTENDING THE CONTRACT WITH WASTE MANAGEMENT OF OHIO, INC. FOR AN EXCLUSIVE LICENSE FOR RESIDENTIAL GARBAGE AND REFUSE COLLECTION,” Second Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion.  Mr. Wisniewski stated this would extend our current contract for two years with a one time increase of three percent.  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. 

 

I.          ORDINANCE 2004-35, “AN ORDINANCE AMENDING THE PICKERINGTON CODIFIED ORDINANCES REGARDING STORAGE BUILDING REGULATIONS,” Second Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino voting “Nay,” and Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 5-1. 

 

J.          RESOLUTION 2004-17R, “A RESOLUTION TO REAFFIRM COUNCIL’S DESIGNATION OF A PREFERRED ALTENRATIVE FOR THE DILY ROAD WIDENING PROJECT,” Second Reading, O’Brien.  Mr. O’Brien moved to Table; 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. 

 

9.         LEGISLATIVE READINGS:

 

A.        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,” Third Reading, Wisniewski.  Mr. Wisniewski moved to Table; Mr. O’Brien 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.  (TABLED)

 

Mayor Shaver stated he was calling for a Special Council Meeting on Thursday, June 3, 2004, at 7:30 P.M., and if necessary another Special Council Meeting on Friday, June 4, 2004, at 7:30 P.M., to address the contract for the City Manager. 

 

10.       MOTIONS:  

 

Mr. Wisniewski moved for an executive session under Section 121.22(G)(3), Conferences with the law director regarding pending or imminent court actions, and Section 121.22(G)(2), purchase or sale of public property; Mr. O’Brien 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. 

 

Council went into executive session at 10:40 P.M., and reconvened in open session at 11:15 P.M.

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. Wright moved to adjourn; Mr. Hackworth seconded the motion.  Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, and Mrs. Riggs voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 11:18 P.M., June 1, 2004.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor