PICKERINGTON CITY COUNCIL
TUESDAY,
JANUARY 4, 2005
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, January 4, 2005, 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, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Phil Hartmann, Frank Wiseman, Lance Schultz, Pastor Phil Manson, McKenzie Fry, Tony Barletta, Patti Wigington, Tony Dill, Tamaria Liddell, Kirk Richards, Sharon Bricker, Seth Protus, Lori Kausky, Todd Boone, Jeff Fix, and others. Pastor Manson delivered the invocation.
2. APPROVAL OF MINUTES OF DECEMBER 21, 2004, REGULAR MEETING. Mr. Parker moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Parker, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs 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. Sabatino, Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 7-0.
4. ORGANIZATIONAL MEETING
Mayor Shaver stated the first business of the organizational meeting is the election of the President and Vice President Pro Tempore of Council. Mr. Wisniewski moved to elect Heidi Riggs as President Pro Tempore of Council and Ted Hackworth as Vice President Pro Tempore of Council; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Wright and Mr. Sabatino voting “Nay,” and Mr. Wisniewski, Mr. Hackworth, Mrs. Riggs, Mr. O’Brien, and Mr. Parker voting “Yea.” Motion passed, 5-2.
Mayor Shaver stated the next order of business would be the establishment of Council Committees. Mrs. Riggs moved to appoint to Safety Committee Mr. Wisniewski, Mrs. Riggs, and Mr. Sabatino; to Service Committee, Mr. Hackworth, Mr. O’Brien, and Mr. Parker; and, to Rules Committee, Mr. O’Brien, Mr. Hackworth, and Mr. Sabatino; Mr. Hackworth seconded the motion. Mayor Shaver stated Finance Committee is composed of the President Pro Tempore and the Chairs of the Service and Safety Committees. Roll call was taken with Mr. Sabatino abstaining, Mr. Wright voting “Nay,” and Mr. Hackworth, Mr. O’Brien, Mr. Parker, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 5-1.
Mayor Shaver stated Council would recess briefly to allow the three Committees to appoint their Chairperson. Council recessed at 7:39 P.M. and reconvened in open session at 7:42 P.M.
Mrs. Riggs announced the following:
Safety Committee: Mr. Wisniewski, Chairman; Mr. Sabatino, Vice Chairman; and, Mrs. Riggs, Secretary. The Nuisance Abatement representative is Mr. Sabatino. Safety Committee will meet the first Monday of each month at 7:30 P.M.
Service Committee: Mr. Hackworth, Chairman; Mr. O’Brien, Vice
Chairman; and, Mr. Parker, Secretary.
Planning and Zoning Representative, Mr. O’Brien. Service Committee will meet on the second
Thursday of each month at 7:30 P.M.
Rules Committee: Mr. O’Brien, Chairman; Mr. Hackworth, Vice
Chairman; and, Mr. Sabatino, Secretary. Rules
Committee will meet on the first Monday of each month at 7:00 P.M.
Finance Committee: Mrs. Riggs, Chairman; Mr. Hackworth, Vice
Chairman; and, Mr. Wisniewski, Secretary.
Finance Committee will meet on the third Thursday of each month at
7:30 P.M.
Mrs. Riggs moved to appoint Mr. Wright to the Finance Committee; Mr. Wisniewski seconded the motion. Roll call was taken with Mr. Wright abstaining, and Mrs. Riggs, Mr. O’Brien, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion passed, 6-0.
5. COMMUNITY COMMENTS:
A. Sheriff Dave Phalen. Sheriff Phalen stated he was present this evening to request everyone’s support in the upcoming special election on February 8, 2005, to increase the sales tax in Fairfield County by one-half of one percent. Sheriff Phalen stated Pickerington and the Fairfield County Sheriff’s Department has been a very good partnership, with a Sheriff’s substation located in downtown Pickerington. Sheriff Phalen continued that due to financial problems within the County his budget would be cut again this year and that would result in approximately 30 individuals being laid off, the 9-1-1 center staffing would be compromised, the DARE program would be eliminated, and fewer officers would be out on the streets. Sheriff Phalen stated Fairfield County is one of four counties with the lowest sales tax. He stated approximately 40 percent of sales taxes are paid by non-residents of the County, and he felt this would be a method to use that would not increase the property taxes of the residents. Sheriff Phalen stated if this tax passes, it would allow cruisers to be in the neighborhoods and keep these programs operating. Sheriff Phalen stated further that some of the funds would be used to construct new safety services that would house a jail and other facilities. Sheriff Phalen stated, again, he would ask for everyone’s support in the special election.
Mayor Shaver stated several residents were present this evening to address Council regarding the recent storm after effects. Mayor Shaver stated we did experience a sanitary sewer back-up in some homes in the Cherry Hill area due to the power outage. Mayor Shaver stated although we work in common with Fairfield County and Canal Winchester in sharing generators, due to the wide spread power outage, those generators were not available to us. Mayor Shaver stated we have been working with the residents in assessing the situation, and we did submit this to our insurance company to see if this would help compensate some of our residents. Mayor Shaver stated the insurance company has informed us that under Ohio law, the City is not liable for the damages. Mayor Shaver stated, however, the City is attempting to go beyond that. He stated we are making contingency plans to prevent future occurrences, and those plans include the possible purchase of a generator, however, that would be very costly, between $40,000 and $50,000. He continued most importantly, we are reprioritizing a gravity line project that we had projected for completion in 2006. He stated it is likely we will switch that around with some other projects and complete it in 2005. Mayor Shaver further stated although the insurance company advised the City not to get involved, to assist our residents we have set up a fund that will allocate up to $2,500 to each of those affected residents for costs not covered by their homeowners insurance. He stated from there on the City will work with each property owner on an individual basis.
B. Mr. Steven Friedman, 663 Montmorency Drive. Mr. Friedman stated he was present to address the sewer back-up issue. He stated this is the second time he has had to deal with a sewage issue and it is being handled much better this time than it was in the past. Mr. Friedman stated the last time the City sent people in to sanitize the homes. Mr. Friedman stated this time they have had to handle that issue themselves, however, the information that has come from the City as to what is being done is something that did not happen in the past, and he felt the communication efforts were a very positive thing. Mr. Friedman stated the $2,500 was a definite plus and would help out. Mr. Friedman stated, however, he was told by his insurance agent that if you have two calls to them in 12 years, whether the claim if for zero dollars or not, your name goes on a list, three calls in 12 years and you are subject for non-renewal, and on your fourth incident you are terminated. Mr. Friedman stated due to the first sewer incident, an incident where his house was struck by lightening, and now this, his agent told him if he turned in a claim his policy would be terminated. Mr. Friedman stated he had to think long and hard about filing a claim and then have no insurance after that. Mr. Friedman stated he would encourage the City to do something to fix this problem because it cannot happen a third time. Ms Gilleland stated she would ask Mr. Friedman to get in contact with Mr. Wiseman or Mr. Vannatta and they will work with homeowner’s on an individual basis. She stated the homeowners are asked to keep records of what they have paid, keep receipts, and the City will assess the entire situation.
C. Ms Sharon Bricker, 643 Montmorency Drive. Ms Bricker stated she also had sewage back up in her basement. She stated she has eight children and her basement was finished for additional living space. Ms Bricker stated she was concerned because she could not get through to the City, and someone at the fire department told her she should just get out of her house. Ms Bricker continued she and the children had to stay in a hotel while her husband tried to save as much as he could in the basement. Ms Bricker stated she felt the City should have sent someone around to let them know what was going on. Ms Bricker stated she was concerned about health issues that can be caused by the sewage and she is now worried about her children.
D. Mr. Seth Protus, 648 Montmorency Drive. Mr. Protus stated he would also like to speak regarding the sewer back-up. Mr. Protus stated he moved into his home approximately three and a half years ago. He stated he would like to know if this back up was a different situation than what occurred four and a half years ago. Mayor Shaver stated this is the first time we have had a power outage of this magnitude. Mr. Protus stated if this happened previously and it was foreseeable the situation could occur again, why weren’t steps taken to ensure that did not happen. Ms Gilleland stated our Service Director, Mr. Wiseman, is present and he might have some history on this. Mr. Wiseman stated the back up that occurred approximately five years ago was caused by the failure of an alarm system, and that was corrected. Mr. Protus stated with regard to people acting on behalf of the City as to the extent of the losses and damage, he has been contacted by several people and he would like to know who has actually been charged by the City to gather the information. Ms Gilleland stated our insurance carrier is contacting homeowners as they have offered to assist us and to answer any questions you may have. Mr. Protus stated it was his understanding with regard to the assistance, which seems generous, although for people who do not have insurance it will not even cover the initial clean-up, if you have expenses which exceed $2,500 the City will attempt, though not guarantee, and will work with individuals to try and find solutions. Mayor Shaver stated that was correct, the City would work with the homeowners on an individual basis. Mr. Protus stated given the health concerns of the sewage back up, as soon as an incident is known, he would request the City have someone canvas the neighborhood to let the residents know and to provide information on what they should do. Mr. Protus stated he would also request the City facilitate or have someone test for coloform bacteria residue in the living areas. Mr. Sabatino stated he has received some information from the Health Department that contains a list of labs that are capable of doing that. Mayor Shaver asked Mr. Sabatino to give that information to Ms Gilleland and she can disseminate that information to residents. Mayor Shaver stated Mr. Wiseman may also know of some labs that do that. Mr. Protus stated he did receive the correspondence that was hand delivered, however, some people who were not home did not receive that information. Ms Gilleland stated the information was to be left in the front door if someone was not home.
E. Ms Lori Kausky, 799 North Starr Drive. Ms Kausky stated she also had sewage in her basement and her children’s Christmas presents were down there. She stated she and her children had to stay in a hotel while her husband tried to keep up with things in the house. Ms Kausky stated they lost over 150 items, and speaking with her insurance they would only give them $3,600 for everything and there is no way that would cover it. She stated they had planned on putting the house on the market in the spring and there is no way now they can do that as you have to disclose this when you sell it. She stated she already has mold growing in the basement.
F. Anthony Barletta, 671 Montmorency Drive. Mr. Barletta stated he had sewage in his basement for the second time. He stated the City put in a back flow preventer after the first back up, and when he learned from his neighbor that there was a back up, he went downstairs and he was able to put bags of rock salt on top of the drain and that stopped it. He stated he has also had to file insurance claims and when he renewed his policy they doubled his rates, raised his deductible to $1,000 and said “take it or leave it.” Mr. Barletta stated none of the residents can afford to have this happen again.
G. Mr. Todd Boone, 644 Montmorency Drive. Mr. Boone questioned if the insurance company says the City is not responsible for this incident, who is responsible. Ms Gilleland stated it is being called a “failure due to act of nature.” Mr. Boone stated he did not feel he had as much damage as most of his neighbors, but he was not contacted and no correspondence was left in his door or anything. He stated he did not know this was the second incident until yesterday as it was never disclosed when he purchased the home. Mr. Boone stated he also has $1,000 deductible and a $10,000 cap on his insurance, and unfortunately he does not have a contents clause, so this will be very costly for him. He stated his basement is not finished, however, he has an office down there with computer equipment, bookshelves, and a sports collection, and the $2,500 will help. He stated he does not understand if something like this has happened before, why the City did not have some sort of a back up and not rely on generators from Canal Winchester or whatever.
Mr. Sabatino stated he thought everyone realized there were extenuating circumstances that caused this back up and he would personally like to thank Mr. Kevin Kraus, a resident of Cherry Hill, who brought generators around to pump out people’s basements that were flooded. Mr. Sabatino stated Mr. Kraus spent most of two days doing this and the generators were provided by an insurance company he works for. Mr. Sabatino stated he would like to publicly thank Mr. Kraus and let it be known that his efforts were appreciated.
Mr. Wright stated he was a member of Council at the time of the last back up incident, and Mayor Shaver is correct that this incident did not occur for the same reasons. That first incident was caused by a failure in a pump and, at that time, Council did what they thought would alleviate something like this from happening again. He stated obviously they were wrong. Mr. Wright stated although a power outage of this magnitude could not be anticipated, Council did know the option was there to purchase a $40,000 generator and they opted not to take it. He stated Council did what they thought was correct at the time, and he apologized to the residents as it seemed they were wrong. Mr. Wright stated he felt the $2,5000 was a good start to help people, and when it happened the first time the City did stand up and take care of all of the problems. Mr. Wright stated he hoped the City could do what was right for all the residents this time, and he would welcome anyone to call him with their issues.
Ms Gilleland stated the difference between this issue and the first failure is that the City’s insurance company did get involved at that time, and we will continue to work with our insurance company now to see what can be done.
6. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there were no consent agenda items this evening.
7. COMMITTEE REPORTS: None.
8. REPORTS:
A. MAYOR. Mayor Shaver stated he would like to introduce Mr. Phil Hartmann from the firm of Schottenstein, Zox, and Dunn. Mayor Shaver stated this firm would be acting as our law director until the process of selecting a law director has been completed. Mayor Shaver stated further we are working toward the resolution of some litigation and he looks forward to further discussion in the future about the creation of a Joint Economic Development District. Mayor Shaver further stated the Monthly Mayor’s Court Report has been distributed.
B. LAW DIRECTOR. Mr. Hartmann stated he looked forward to working with the City. He stated with regard to Items 9.B., C., D., and E., he would request they be tabled this evening. Mr. Hartmann stated there were a couple of additional ordinances that need to be presented to Council to finalize the settlement, and it was also their goal to get a draft as close as final to possible to Council prior to today for their review. He stated unfortunately that was not accomplished, so he would request these items be tabled to allow Council time to review the agreement.
C. FINANCE DIRECTOR. Mrs. Fersch stated she had nothing to report this evening.
D. MANAGER. Ms Gilleland stated her report had been distributed and to summarize on the recent winter weather emergency we experienced, it did allow the City staff to put into play our emergency operations plan on a small scale. She stated this did serve as an excellent tool to identify areas in which we need to improve and areas where we were doing very well. She stated overall the City and Township staffs worked very well, and we worked with County agencies as well as surrounding entities. Ms Gilleland stated all of the City’s staff did a great job in responding to the emergency. Ms Gilleland stated further she would request Council table Items 9.J. and K. as the Lancaster prosecutor’s office is still working through details that need to be included in the contracts. Mr. Wisniewski inquired if Ms Gilleland could get a report from South Central Power as to when the last time they did tree trimmings along areas where the lines were taken down by trees and falling branches. Ms Gilleland stated she would get that information for Mr. Wisniewski.
E. SERVICE DIRECTOR. Mr. Wiseman stated he would like to note that for residents who had trees down or branches broken, the City would pick those up if they would put them out at the curb. He stated we cannot pick up large trees, however, we are taking care of branches and that sort of thing. Mr. Wiseman stated Council did receive the report on the stress test of the wastewater treatment plant, and it will be discussed at the next Service Committee meeting. He continued we have had some difficulties with the signals at S.R. 256 and I-70, and that should be taken care of shortly. He stated if anyone notices anything with the signals if they would let him know he would take care of it. Further, we are still working with ODOT on signage for that area. The Diley Road Phase II project is on hiatus for the winter and will be completed in the spring. Mr. Wiseman stated we are also monitoring the water situation on Long Road.
Mr. Wisniewski stated he would like to announce that due to the reorganization this evening, Safety Committee will meet this coming Monday, January 10th, at 7:30 P.M. Mr. O’Brien stated Rules Committee would meet on Monday, January 10th, at 7:00 P.M. as well.
9. 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 2005-01, “AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT SETTLING CLAIMS ARISING FROM FRANKLIN COUNTY
COMMON PLEAS COURT CASE NO. 03CVH11-12173,” First Reading, Mayor
Shaver. Mrs. Riggs moved to Table;
Mr. Wisniewski seconded the motion.
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. (TABLED)
C. ORDINANCE 2005-02, “AN ORDINANCE TO AMEND SECTION 1442.04 OF
THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO BUILDING PERMIT TRANSFERS,” First
Reading, Mayor Shaver. Mrs.
Riggs moved to Table; Mr. O’Brien seconded the motion. 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. (TABLED)
D. ORDINANCE 2005-03, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TOLL DATES APPLICABLE TO CERTAIN APPROVED PRELIMINARY AND FINAL PLATS,” First Reading, Mayor Shaver. Mrs. Riggs moved to Table; Mr. O’Brien 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 2005-04, “AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXTEND THE LIFE OF BUILDING PERMITS,” First Reading,
Mayor Shaver. Mr. O’Brien moved to
Table; Mr. Wisniewski seconded the motion.
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. (TABLED)
F. ORDINANCE 2004-89, “AN ORDINANCE TO AMEND SECTION 220-04(d) AND ENACT CHAPTER 268 OF THE PICKERINGTON CODIFIED ORDINANCES TO CREATE THE UTILITY FEES REVIEW COMMITTEE,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Mr. Hackworth stated this would be a Commission we are establishing to review utility fees and make recommendations to Council. Roll call was taken with Mr. Wright and Mr. Sabatino abstaining, and Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.” Motion passed, 5-0.
G. ORDINANCE 2004-90, “AN ORDINANCE TO PROVIDE FOR CERTAIN WATER SERVICE CONNECTION CONDITIONS AND OPTIONS,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this would help some residents who have access to water lines but have not tapped into the system. 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 2004-91, “AN ORDINANCE TO AMEND CHAPTER 1422 RELATIVE TO THE RESIDENTIAL CODE OF OHIO,” Second Reading, O’Brien. Mr. O’Brien moved to adopt; Mrs. Riggs seconded the motion. 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.
I. ORDINANCE 2004-93, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE OFFICE OF THE AUDITOR OF STATE TO CONDUCT THE ANNUAL FINANCIAL AUDIT OF THE CITY OF PICKERINGTON, OHIO, FOR THE YEAR ENDED DECEMBER 31, 2004,” Second Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mrs. Riggs 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.
J. ORDINANCE 2004-94, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE CITY OF LANCASTER FOR THE PROVISION OF PROSECUTION SERVICES FOR PICKERINGTON MISDEMEANOR CASES IN LANCASTER MUNICIPAL COURT,” Second Reading, Wisniewski. Mr. Wisniewski moved to Table; Mr. O’Brien seconded the motion. 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. (TABLED)
K. ORDINANCE 2004-95, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE CITY OF LANCASTER FOR THE PROVISION OF PROSECUTION SERVICES FOR PICKERINGTON’S MAYOR’S COURT,” Second Reading, Wisniewski. Mr. Wisniewski moved to Table; 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. (TABLED)
L. RESOLUTION 2004-29R, “A RESOLUTION OF AUTHORIZATION,” Second Reading, Riggs. Mrs. Riggs moved to adopt; Mr. Wisniewski seconded the motion. Mrs. Riggs stated this would authorize the City Manager to file an application with the Ohio Department of Natural Resources for a $16,000 grant for a disc golf course. 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. RESOLUTION 2004-30R, “ANNUAL RESOLUTION TO REQUEST ADVANCE DISTRIBUTION OF TAX MONIES OF 5.5 MILL POLICE OPERATING LEVY FROM THE FAIRFIELD COUNTY AUDITOR PURSUANT TO SECTION 321.34, OHIO REVISED CODE,” Second Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. O’Brien seconded the motion. 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.
N. RESOLUTION 2004-31R, “A RESOLUTION TO REQUEST ADVANCE DISTRIBUTION OF TAX MONIES OF 2.3 MILL OPERATING LEVY FROM THE FAIRFIELD COUNTY AUDITOR PURSUANT TO SECTION 321.34, OHIO REVISED CODE,” Second Reading, Wisniewski. Mr. Wisniewski moved to adopt; Mr. Hackworth 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.
O. ORDINANCE 2004-80, “AN ORDINANCE TO APPROVE THE REZONING OF 77.86+/- ACRES, LOCATED AT 8110 REFUGEE ROAD, FROM AG (RURAL DISTRICT) TO C2 (CENTRAL BUSINESS/MIXED USE DISTRICT) AND PR10 (PLANNED CONDOMINIUM/APARTMENT RESIDENTIAL DISTRICT) FOR SYCAMORE CREEK COMMUNITY CHURCH,” Second Reading, Parker. (TABLED) Mr. Parker moved to remove from the Table for discussion; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Wright, Mr. Parker, Mr. Hackworth, Mrs. Riggs, Mr. O’Brien, Mr. Sabatino, and Mr. Wisniewski voting “Yea.” Motion passed, 7-0. Mr. Parker moved to adopt; Mrs. Riggs seconded the motion. Mayor Shaver stated he would request Mr. Schultz, our Planning and Zoning Director, brief Council on the status of this legislation. Mr. Schultz stated Council had been provided with an amended ordinance this evening with a plat identifying the property and delineating the two zoning districts. Mr. Schultz stated to address the concern of apartments being put on the site, two additional conditions have been placed in the legislation. The first is that no multi-family dwellings, except condominium homes and nursing homes, shall be permitted in the area zoned PR10, and secondly, that prior to the third reading of this legislation the applicant shall submit restrictive covenants, enforceable not only by the property owners, but also the City, in a form acceptable to the Law Director, prohibiting multi-family dwellings, except condominium homes, within the area zoned C2. Mr. Schultz stated Sycamore Creek Community Church agrees with these conditions, however, prior to the third reading they will have their attorney review these conditions. Mr. Hartmann stated this is part of the 362 acre annexation settlement, and there was also a separate pre-annexation agreement that Sycamore Creek Community Church entered into with the City prior to the zoning initiative of two units per acre. Mr. Hartmann stated he would entertain any questions. Mr. Sabatino clarified the City entered into the pre-annexation agreement lawfully, by ordinance, and it has a binding effect on the City. Mr. Hartmann further stated there is also a settlement agreement that was entered into with Violet Township as a result of a global settlement of the 362, which this property is part of, so that would also possibly be a breach of that agreement if, in fact, the City and Council would decide to go against the pre-annexation agreement. Mr. Parker moved to amend by substitution with the ordinance provided this evening; Mr. O’Brien 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 to amend passed, 7-0. Roll call was taken on the ordinance as amended with Mr. Wisniewski and Mr. Sabatino abstaining, and Mr. Hackworth, Mr. Wright, Mr. Parker, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 5-0.
10. LEGISLATIVE READINGS:
A. ORDINANCE 2004-83, “AN ORDINANCE TO AMEND SECTION 236.05(b) OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO DISPOSITION OF ESTATE TAX PROCEEDS,” Third Reading, Mr. Wisniewski. Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion. Mr. Wisniewski stated this would allocate the disposition of funds received from estate tax proceeds. 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.
B. ORDINANCE 2004-87, “AN ORDINANCE AMENDING ORDINANCE 94-65 (EMPLOYEE RELATIONS MANUAL),” Third Reading, Wright. 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.
C. ORDINANCE 2004-88, “AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN (CIP) FOR 2005-2009,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Wright abstaining, and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.” Motion passed, 6-0.
11. MOTIONS: There were no motions.
12. OTHER BUSINESS: No other business was brought forward.
13. ADJOURNMENT. There being nothing further, Mr. Parker moved to adjourn; Mr. Wisniewski seconded the motion. Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mr. Wright, and Mr. Sabatino voted “Aye.” Motion carried, 7-0. The meeting adjourned at 9:18 P.M., January 4, 2005.
RESPECTFULLY SUBMITTED:
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ATTEST:
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