PICKERINGTON CITY COUNCIL

                                           TUESDAY, SEPTEMBER 7, 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, September 7, 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: Judy Gilleland, Frank Wiseman, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Bob Mapes, Arlene Stoyer, Amy Green, Mackenzie Fry, Patti Wigington, Tamaria Liddell, Dennis Boruszewski, Jeanette Boruszewski, Tony Barletta, Don Goodrich, Julie Goodrich, Marie Ruppe, Betty Hardin, Travis Jenkins, Pastor Barbara Parrot, Phil Hartman, Larry Fast, Kevin Grathwald, Matt Schneider, John Darby, Cindy Darby, and others.  Pastor Parrot of Peace United Methodist Church delivered the invocation. 

 

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

 

B.         APPROVAL OF MINUTES OF AUGUST 24, 2004, SPECIAL MEETING.  Mr. O’Brien moved to approve; Mr. Wisniewski 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. 

 

3.         APPROVAL OF AGENDA.  Mr. Hackworth moved to approve; Mr. Wisniewski 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.        Kevin Grathwald, Stilson Consulting Group, LLC.  Mr. Grathwald gave a brief presentation regarding the Diley Road Widening Project (Attachment 1 to these minutes.)  Mr. Grathwald stated an updated preferred alternative analysis on Alternate 7 was submitted to the State for approval and although they had a few concerns about some final design issues, they were agreeable to the information submitted. 

 

B.         John Darby, 310 Diley Road.  Mr. Darby stated most residents who have attended the public meetings were opposed to the five-lane approach, and he was confused about Council wanting to proceed with this approach.  Mr. Darby stated he felt there were still many unanswered questions that have not been addressed, such as safety issues, especially around the school.  He stated further an at-grade railroad crossing with five lanes of traffic would present an unsafe condition.  Also, the residents along Diley Road and in the subdivisions, would not have easy access onto Diley Road.  He further stated he believed a precedent has been set with the purchase of the homes that have been purchased already, and many of the homeowners will expect the City to do the same for them.  He continued that past administrations have passed legislation regarding the land use along Diley Road and the reason for the increase in growth was due to the belief that Diley Road would be expanded to a three-lane road.  Mr. Darby stated the only reference he ever found was a three-lane approach back in 1998, and it was an unfunded project and never consummated.  Mr. Darby stated by passing this resolution, Council would be giving ODOT control over the design and implementation of the five-lane highway and they would lose all control over what happens after that.  Mr. Darby stated finally, that the schools and City services will be stressed to the breaking point, and he envisions more taxes and less services with the passing of this legislation.  He stated he felt there would be no more violets in Pickerington, but it would be called a concrete jungle. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there was one consent agenda item this evening, Resolution 2004-25R, “A Resolution accepting the amounts and rates as determined by the Fairfield County Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor, and declaring the emergency.”  Mr. Hackworth moved to approve; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Sabatino, Mr. Hackworth, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0. 

 

6.         COMMITTEE REPORTS:

 

            A.        FINANCE COMMITTEE.  Mrs. Riggs stated the Finance Committee meeting of August 19th was rescheduled and they met on August 26, 2004, and the minutes have been distributed.  She stated she would answer any questions.   Mr. Parker ascertained Finance Committee did not discuss compensation for the Diley Road residents at that meeting.  

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated the Monthly Mayor’s Court report had been distributed. 

 

B.         LAW DIRECTOR.  Mr. Mapes stated he had nothing to report, but would be happy to answer any questions. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would request three readings on the appropriation ordinance this evening so she can take care of some items.  She also stated the note issue on tonight’s agenda is a renewal and she would also ask for three readings as it is due the first part of October.         

   

D.        MANAGER.  Ms Gilleland stated the Manager’s Report had been distributed and she would answer any questions.  Ms Gilleland asked Mr. Wiseman to provide a brief update on the road construction projects.  Mr. Wiseman stated the S.R. 256/I-70 project is on schedule and they are hoping it will be complete by Thanksgiving.  He stated the Center Street bridge project is currently on schedule, but if there is rain it may be delayed.  The S.R. 256 widening project is approximately two weeks behind schedule and the W. Columbus Street repair will be done over a two day period and they will try to maintain traffic during that repair.  Mr. Wiseman stated the S.R. 204 roadwork has been put on hold at this time by ODOT until the S.R. 256 construction is completed. 

 

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 2004-60, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $380,000 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 CONSTRUCTING STREET IMPROVEMENTS AND PARTICULARLY WIDENING DILEY ROAD IN THE CITY,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Mrs. Riggs stated this is the note renewal Mrs. Fersch had referred to and is for the engineering services for Diley Road.  She stated once the SIB loan is approved, the state funding will roll this note over next year into that.  Mrs. Riggs stated she will request three readings this evening.  Mr. Parker stated he knew this was the right thing to do, but he hoped we would take the time to find some compensation for the people on Diley Road.  Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mrs. Riggs moved to suspend the rules for the purpose of three readings; Mr. Hackworth 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.  Mrs. Riggs moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Sabatino abstaining, and Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Third Reading.  Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino abstaining, and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

C.        ORDINANCE 2004-61, “AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE 2003-97,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Wright stated the legislation is very well laid out and there are several items that need to be taken care of right away so he would ask for 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. Wright 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, Mr. O’Brien, and Mr. Parker voting “Yea.”  Suspension of rules passed, 7-0.  Second Reading.  Mr. Wright moved to adopt; Mr. Wisniewski 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. Wright moved to adopt; Mr. Wisniewski 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. 

 

D.        ORDINANCE 2004-62, “AN ORDINANCE TO ADOPT THE LONG ROAD NEAR GEORGES CREEK STORMWATER STUDY,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this study had been commissioned to determine ways to help with the flooding problem in the Long Road area.  Mr. Sabatino clarified several remedies are suggested in the report and Service Committee would be working on determining the best options.  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. 

 

E.         ORDINANCE 2004-63, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONTINUE MEMBERSHIP WITH THE CENTRAL OHIO RISK MANAGEMENT ASSOCIATION FOR THE TIME PERIOD OCTOBER 1, 2004 TO SEPTEMBER 30, 2005,” First Reading, Wright.  Mr. Wright moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Wright stated this is for the City’s liability and property insurance.  He stated we do not have the amount as yet as we are still making sure all of the properties are being insured properly and for the proper amounts.  He stated he would ask for one reading this evening and he hoped we would have the final amount by the next reading.  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. 

 

F.         RESOLUTION 2004-25R, “A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE FAIRFIELD COUNTY BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR, AND DECLARING THE EMERGENCY,” First Reading, Wright.  Mr. Hackworth moved to approve; Mr. Wright seconded the motion.  Roll call was taken with Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Sabatino, Mr. Hackworth, and Mr. Wisniewski voting “Yea.”  Motion passed, 7-0.  (CONSENT AGENDA ITEM)

 

G.        ORDINANCE 2004-58, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CHANGE ORDER TO THE CONTRACT WITH STILSON CONSULTING GROUP FOR THE DILEY ROAD AND S.R. 256 INTERSECTION IMPROVEMENT PROJECT,” Second Reading, O’Brien.  Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion.  Mr. O’Brien stated due to the changes in the project and the extra time taken for each phase, we need to increase the amount to be able to finish the project.  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. 

 

H.        ORDINANCE 2004-59, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ACCEPT FUNDS FOR THE DILEY ROAD WIDENING PROJECT (ODOT NO. FAI-TR-207, PID NO. 75772) FROM THE TRANSPORTATION ENHANCEMENT PROGRAM (TEP) AND THE DECLARATION OF IMMEDIATE NECESSITY AND EMERGENCY IN ORDER TO MEET ACCEPTANCE TIMELINES,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this would allow the City Manager to accept funding for the multi-use pathway on the proposed west side of Diley Road.  Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Wright, and Mr. Parker voting “Yea.”  Motion passed, 6-0. 

 

Mayor Shaver stated prior to proceeding with the legislative readings, if there were no objections, and for the convenience of the residents present, he would like to have the reading for Resolution 2004-17R (As Amended) first.  There were no objections by council. 

 

9.         LEGISLATIVE READINGS:

 

A.        RESOLUTION 2004-17R (As Amended), “A RESOLUTION TO CONFIRM COUNCIL’S DESIGNATION OF ALTERNATE 7 AS THE PREFERRED ALTERNATIVE FOR THE DILEY ROAD WIDENING PROJECT,” Third Reading, O’Brien.  Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion.  Mr. O’Brien stated he would point out the verbiage in the title has changed from reaffirming the designation to confirming this designation.  Mr. Sabatino stated in the body of the legislation it states Council has considered the comments received at the public open house on April 22nd.  He questioned if the date of the second public hearing should be included in the body as well.  Ms Gilleland stated we certainly have considered the comments made at the second public meeting.  Mr. Sabatino moved to amend the legislation for the second Whereas to read, “Council has considered the comments received from the public open house on April 22, 2004, and July 22, 2004;” Mr. Wright seconded the motion.  Roll call was taken on the motion to amend with Mr. Wright, Mr. Sabatino, Mr. Parker, Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, and Mr. Hackworth voting “Yea.”  Motion to amend passed, 7-0.  Mr. Parker stated we have set aside money from developments on Diley Road for turn lanes, and he questioned if that money has been budgeted into this project, or can it be used to help compensate the people on that road.  Mr. Sabatino stated according to Mr. Grathwald, there was a designation in 2001 that Diley Road was to be five lanes, and in looking at the projection from ODOT’s numbers from this date forward it would be 17 years before it qualified to become five lanes.  He stated if those facts were true, he felt it was a flimsy qualification for the need for five lanes and he did not feel it was the right thing to do.  Roll call was taken on the Resolution as amended with Mr. Parker abstaining, Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 4-2. 

 

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

 

Council went into Executive Session at 8:30 P.M., and reconvened in open session at 8:50 P.M.

 

B.  ORDINANCE 2004-54, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN ANNEXATION AGREEMENT WITH VIOLET TOWNSHIP REGARDING THE ANNEXATION OF 362 ACRES AND TO REAFFIRM THE PREVIOUS PREANNEXATION AGREEMENTS OF SUCH ANNEXATION,” Third Reading, Mayor Shaver.  Mr. O’Brien moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Parker stated we would be sharing funds with Violet Township and he would like to know how this annexation agreement would financially help the City.  Mr. Hackworth stated he had inquired if there had been an impact study, and there was not.  Ms Gilleland stated several members of Council requested various pieces of information regarding this agreement and she understood most of the questions had been answered by our attorneys.  Mr. Parker stated he did not go into the Executive Session, but he would like to know if this agreement would still usurp the property owner’s rights that are contiguous to this.  Mr. Wright stated he did not understand Mr. Parker’s question, and Mr. Mapes stated if he understood it, Mr. Parker was questioning if this would affect the rights of Township residents who abut the City and who may, at some point in the future, want to annex into the City.  He stated it did in that it would require both the Township and the City agreeing that it was in the best interests of the City to annex them in.  Mr. Parker stated he would ask Mayor Shaver if he ever received a financial report showing whether this was a good deal or a bad deal.  Mayor Shaver stated this agreement would basically give the Township the monies they would receive were they in the Township, and would also resolve litigation and the creation of opportunities for a Joint Economic Development District.  Mr. Wisniewski stated he has had his questions answered and he felt comfortable with those answers.  Mr. Hackworth stated his questions regarding the individual annexation agreements have been answered as well.  Roll call was taken with Mr. Sabatino abstaining, Mr. Parker voting “Nay,” and Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, and Mr. Wright voting “Yea.”  Motion passed, 5-1. 

 

C.        ORDINANCE 2004-55, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BARBARA DEWOLFE FOR THE PURCHASE OF 376 HILL ROAD SOUTH, PICKERINGTON, OHIO,” Third Reading, Wisniewski.  Mr. Wisniewski moved to Table; Mr. Wright seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mr. Parker, Mrs. Riggs, and Mr. O’Brien voting “Yea.”  Motion passed, 7-0. (TABLED) 

 

10.       MOTIONS:  

 

A.        Mr. O’Brien moved to authorize the City Manager to immediately extend all single family residential building permits applied for and/or issued prior to August 1, 2004, as follows:  (1)  As to any permits which have expired, the validity of those permits shall be extended until November 7, 2004; and, (2) As to any permits which will expire in the next 60 days, the validity of those permits shall be extended until November 7, 2004; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino abstaining, and Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 6-0. 

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. Wisniewski moved to adjourn; Mr. O’Brien seconded the motion.  Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Parker, Mr. Sabatino, and Mr. Wisniewski voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 9:10 P.M., September 7, 2004.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor