PICKERINGTON CITY COUNCIL

                                                 TUESDAY, JUNE 15, 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 15, 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, Commander Mike Taylor, Jeff Feyko, Judith Gilleland, Deacon Dave Kruse, Patti Wigington, Mike Maurer, Tony Dill, Rex Myer, Alicia Weitzel, John Darby, Mike Bayshore, Debbie Bayshore, Tony Barletta, Amy Green, Jeff Fix, George Hallenbrook, Betty Hardin, Amy Stoyer, Stephanie Brobst, Dennis Boruszewski, and others.  Deacon Kruse delivered the invocation. 

 

2.         A.        APPROVAL OF MINUTES OF JUNE 1, 2004, REGULAR MEETING.  Mr. Hackworth moved to approve; Mr. Wisniewski 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 JUNE 3, 2004, SPECIAL MEETING.  Mr. Parker moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.

 

C.        APPROVAL OF MINUTES OF JUNE 4, 2004, SPECIAL MEETING.  Mr. O’Brien moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Parker abstaining, and Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mrs. Riggs, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

3.         APPROVAL OF AGENDA.  Mrs. Riggs moved to approve; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.

 

Mayor Shaver stated he understood several residents were present this evening to address the Diley Road project, and he would like to let them know we are still trying to coordinate a date for the next public meeting on the project.  He stated when that date has been set, it will be publicized. 

 

4.         COMMUNITY COMMENTS:  

 

A.        Amy Green, 320 Diley Road.  Ms Green stated she would like to address the Diley Road issue.  She stated she would like to see the plans that were prepared for a three lane option.  Mr. Hackworth stated he thought there were plans, and Mr. Sabatino stated he had never seen them.  Mayor Shaver stated the engineer should have all of the plans and they would be available for the public meeting.  Mayor Shaver stated we want to get this public meeting scheduled as soon as we possibly can.  Ms Green clarified there was no date in July that everything has to be finalized by.  Mr. Wiseman stated the City must have the environmental study complete within the fiscal year.  Mayor Shaver stated if we change the plan we will have to initiate the environmental study to cover that plan.  Ms Green stated she keeps hearing about the Diley Traffic Study and she would like to see that study if possible.  Mayor Shaver stated that study is a public record and if Ms Green would contact Mrs. Yartin she would provide the study to her.

 

B.         Rex Myer, 261 Pearl Lane.  Mr. Myer stated the City taxpayers voted and passed the two units per acre issue.  He stated council members worked for the City and not for the developers. 

 

C.        John Darby, 310 Diley Road.  Mr. Darby read a statement into the record regarding the Diley Road project.  (Attachment 1 to these minutes.)    

 

D.        Stephanie Brobst, 7020 Blacklick Eastern Road.  Ms. Brobst stated it is now summer vacation and she would like to know what the curfew was for teenagers.  Chief Taylor stated for teens between 16 and 18 the curfew is midnight.  If they are out past midnight they must have a parent or legal guardian with them. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there was one consent agenda item this evening, Resolution 2004-20R, A resolution authorizing the police department to apply for the 2005-2006 school year Drug Abuse Resistance Education (DARE) Law Enforcement Grants Program. Mr. Wisniewski moved to approve; Mr. Wright 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.      

 

6.         COMMITTEE REPORTS:  

 

            A.        SAFETY COMMITTEE.  Mr. Wisniewski stated Safety Committee met on June 7th, and the minutes have been distributed.  He stated the item on tonight’s agenda regarding raising speed limits in two areas came out of that meeting.  Mr. Wisniewski stated he would answer any questions.     

 

            B.         SERVICE COMMITTEE.  Mr. Hackworth stated Service Committee met on June 10th, and the minutes have not been distributed as yet.  He stated two items from that meeting are on tonight’s agenda, the first for the annual repaving contract and the second is a contract to Kokosing for the northern terminus of Diley Road.  Mr. Hackworth stated they were still working to get all of the answers regarding the Diley Road widening. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated we are continuing to have discussions with the Township and they appear to be very fruitful. 

 

B.         LAW DIRECTOR.  Mr. Feyko stated Mr. Mapes is out of town, and he had indicated he had nothing to report this evening. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she had distributed the bid results of the two renewal issues.  She stated the water issue was awarded to Lebanon Citizens Bank at a rate of 2.13 percent, and the sanitary sewer renewal was awarded to Parker Hunter at 2.75 percent.  Mrs. Fersch stated she would ask for the final two readings on the appropriation ordinance as there are some 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 Ms Gilleland would be at the next council meeting and he would like to thank the Mayor and Council for the opportunity to work with them as the Acting City Manager for the past five months. 

 

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 2004-40, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SHELLY COMPANY FOR THE 2004 ANNUAL STREET IMPROVEMENT/REPAVING PROJECT,” First Reading, Parker.  Mr. Parker moved to adopt; Mr. Hackworth seconded the motion.  Mr. Parker stated as the ordinance states, this is our annual street improvement project.  Mr. Wright asked if it would be possible to put the listing of streets to be repaved on the web site and Mr. Wiseman stated he would see that was done.  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. 

 

D.        ORDINANCE 2004-41, “AN ORDINANCE AMENDING THE TRAFFIC CONTROL MAP TO RAISE SPEED LIMITS ON PORTIONS OF LONG ROAD AND EAST COLUMBUS STREET,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion.  Mr. Wisniewski stated this came out of the last Safety meeting and would raise the speed limit to 45 MPH on E. Columbus Street starting at the railroad tracks to the eastern city limits, and raise the speed limit on Long Road west of the Frank Monebrake property out to the western city limits to 40 MPH.  Mr. Wright clarified the Police Chief felt these increases were appropriate, and there was not a safety issue with the bike path on E. Columbus Street.  Mr. Hackworth stated he would request a map detailing where these increases would be located.  Mr. Wiseman stated he would get something from the engineer showing these locations and provide it to Council prior to the next reading.  Mr. Sabatino stated the ordinance stated that a portion of Long Road would be redesignated from a major collector to a minor arterial, and questioned if this ordinance would change that classification.  Mr. Wisniewski stated that was correct.  Mr. Sabatino stated he would like to know what went along with changing the classification.  Mr. Sabatino further stated he had supported this in Safety Committee, however, he did not realize the road would be reclassified and he felt it should be looked at more closely to see what that would mean.  He stated his question would be if by passing a five mile an hour speed limit increase, would we be creating the potential down the road for something we may not want.  Mayor Shaver asked Mr. Wiseman to obtain the definitions of major and minor arterials to provide to council members along with the detail showing the location of these two speed increases.  A member of the audience questioned if the classification change would give Long Road the same classification that Diley Road has been designated, and if so, did that mean we would be looking at a five lane highway on Long Road.  Mr. Wisniewski stated there were no plans to do that at this time.  The individual then stated that by passing this, they would be allowing Council to proceed with upgrading Long Road however they see fit.  Mr. Hackworth stated the change in classification is a Service Committee issue.  Mr. Parker stated he agreed with Mr. Hackworth that the change in classification is a Service issue, however, the speed increase is definitely a Safety Committee issue.  He stated this appears to be something that overlaps committees.  Mr. Parker stated he would not support this as it stands right now because we had lowered the speed limit from 35 to 25 MPH in the past because residents had come in with concerns.  Mr. Wisniewski moved to Table and refer to Service Committee; Mr. Parker seconded the motion.  Roll call was taken with Mr. O’Brien abstaining, and Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mrs. Riggs, Mr. Sabatino, and Mr. Parker voting “Yea.”    Motion to Table passed, 6-0. 

 

E.         ORDINANCE 2004-42, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KOKOSING CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE DILEY ROAD REALIGNMENT, PHASE III PROJECT,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated we had bid this project and Kokosing was the low bid received.  Mr. Hackworth stated this project would realign Diley Road to turn it at a better angle and go perpendicular into S.R. 256 by the Discount Drug Mart.  Mr. Wright clarified that at Service Committee Mr. Dailey had indicated this was bid as a five lane project, but could be done as three lanes by change order and that would be a deduct to the contract if that was what was decided.  Roll call was taken with Mr. Sabatino abstaining, Mr. Wright voting “Nay,” and Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 5-1. 

 

F.         RESOLUTION 2004-20R, “A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO APPLY FOR THE 2005-2006 SCHOOL YEAR DRUG ABUSE RESISTANCE EDUCATION (DARE) LAW ENFORCEMENT GRANTS PROGRAM,” First Reading, Wisniewski.  Mr. Wisniewski moved to approve; Mr. Wright 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.   (CONSENT AGENDA ITEM)

 

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.  (TABLED)  Mr. O’Brien moved to remove from the Table; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Wright, Mrs. Riggs, Mr. Parker, Mr. Sabatino, Mr. Wisniewski, Mr. O’Brien, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Mr. Sabatino inquired what time period this would cover.  Mayor Shaver stated it would apply to permits that have already been issued and would not apply to any future permits issued.  Mr. Wisniewski stated the ordinance does not make it clear that this is for a certain time period and if that is the decision Council wants to make, the ordinance would need to be amended by the next reading.   Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 7-0. 

 

H.        ORDINANCE 2004-37, “AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE 2003-97,” Second Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Wright stated these appropriations were outlined at the last meeting, and as Mrs. Fersch has indicated there are some tax refund issues on this ordinance that need to be taken care of, he would be asking for a third reading this evening as well.  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.  Mr. Wright moved to suspend the rules for the purpose of a third reading; Mr. Parker seconded the motion.  Roll call was taken with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Suspension of Rules passed, 7-0.  Third Reading.  Mr. Wright moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 7-0. 

 

I.          RESOLUTION 2004-17R, “A RESOLUTION TO REAFFIRM COUNCIL’S DESIGNATION OF A PREFERRED ALTERNATIVE FOR THE DILEY ROAD WIDENING PROJECT,” Second Reading, O’Brien, (TABLE)

 

J.          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,” Second Reading, Wright.  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, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0. 

 

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.  (TABLED)

 

B.         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,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion passed, 7-0. 

 

C.        ORDINANCE 2004-35, “AN ORDINANCE AMENDING THE PICKERINGTON CODIFIED ORDINANCES REGARDING STORAGE BUILDING REGULATIONS,” Third 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. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. O’Brien voting “Yea.”  Motion passed, 6-1. 

 

10.       MOTIONS:  

 

A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(1)a, MATTERS INVOLVING AN EMPLOYEE’S OR PUBLIC OFFICIAL’S APPOINTMENT, SECTION 121.22(G)(3), CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION, AND SECTION 121.22(G)(2), PURCHASE OR SALE OF PUBLIC PROPERTY.  Mayor Shaver stated the Executive Session this evening was not necessary. 

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. Wisniewski moved to adjourn; Mr. Wright seconded the motion.  Mr. Sabatino, Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 8:40 P.M., June 15, 2004.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor