PICKERINGTON CITY COUNCIL

                                             TUESDAY, JANUARY 18, 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 18, 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, Commander Steve Annetts, Phil Hartmann, Frank Wiseman, Lance Schultz, Pastor Vohar, Mike Maurer, Tony Barletta, Patti Wigington, Tony Dill, Tamaria Liddell, Kirk Richards, Jerry Dailey, Commander Portier, Harry Myers, Cory Flannigan, Mark Landis, George Hallenbrook, and others.  Pastor Vohar delivered the invocation. 

 

2.         APPROVAL OF MINUTES OF JANUARY 4, 2005, REGULAR MEETING.  Mr. Hackworth moved to approve; Mrs. Riggs 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. Hackworth moved to approve; Mr. O’Brien 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.         COMMUNITY COMMENTS:   There were no community comments. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there was one consent agenda item this evening.  Resolution 2005-01R, A resolution to re-appoint Douglas Blake to the Planning and Zoning Commission and the declaration of an emergency.  Mr. O’Brien moved to approve; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Parker voting “Nay,” and Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 6-1.  Mr. Parker stated he felt there should be a consistent policy in our procedures for appointing individuals to the Boards and Commissions.  Mrs. Riggs clarified that Mr. Blake was filling an unexpired term and was being appointed to a full term.  She stated it was her understanding that individuals who were appointed to fill an unexpired term, and at the time that expired, requested to fill a complete term, then Rules Committee considered them prior to advertising a vacancy. 

 

6.         COMMITTEE REPORTS: 

 

            A.        RULES COMMITTEE.  Mr. O’Brien stated Rules Committee had met on Monday, January 10th, and they were considering some changes that could be made to Council agenda during the reports section, as well as, allowing a staff member to report on legislation prior to the first reading at Council. 

 

            B.         SAFETY COMMITTEE.  Mr. Wisniewski stated Safety also met on January 10th, and had forwarded one item to Council regarding the acceptance of park land being given to the City. 

 

            C.        SERVICE COMMITTEE.  Mr. Hackworth stated Service Committee met on January 13th, with a work session prior to the meeting to work on the Transportation Improvement Plan.  Mr. Hackworth stated Service Committee had sent forward the legislation to appoint the City Engineer. 

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver administered the oath of office to Officer Cory Flannigan, who has been hired as a police officer for the City.  Mayor Shaver stated he has been working toward the resolution of two important pieces of litigation. 

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he would request Ordinance 2005-09 be tabled this evening so he can look further into the vacation of this roadway.  He further stated Ordinance 2005-06 would need to be amended on the floor to reflect the Appendix H of the settlement agreement.  He stated the amendment would remove the current language under the first bullet point and state “Fannin Builders shall comply with the City’s grading guidelines for Phase I.”  Mr. Parker stated as the Law Director is hired by Council, he questioned if a contract has been signed with Schottenstein, Zox, and Dunn.  Mayor Shaver stated Schottenstein, Zox, and Dunn are filling in as law director on an interim basis until Council goes through the process to appoint a law director.  Ms Gilleland stated the City Manager has the ability to enter into appropriate legal services and is not subject to the contracting authority limit.  She stated Finance Committee has begun the process of seeking law director services.  Mrs. Riggs stated a timeline was distributed to Council from our consultant to bring on a law director and we have had multiple firms apply.  

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would release her referendum decision by the end of the week. 

   

D.        MANAGER.  Ms Gilleland stated her report had been distributed and she would be happy to answer any questions.  Ms Gilleland stated Fairfield County EMA is putting together information in anticipation of receiving a federal disaster designation from the winter storm.  She stated within the next several weeks she hoped to hear if the City or any residents would be eligible for any financial assistance as a result of the disaster.  Ms Gilleland further stated she would have information for the press on the BIA agreement after the meeting.  Ms Gilleland asked Mr. Carr to report to Council no the acceptance of the parkland.  Mr. Carr stated this involved two pieces of land being donated by Centex Homes in the Preston Trails area.  He stated one of the parcels was a detention pond and the second would be parkland. 

 

Mr. Hackworth stated he would like to comment that Service Committee had recommended switching the CIP projects WW03 and WW05, so the gravity line for the Cherry Hill subdivision would be completed this year and that would by-pass the lift station that was involved in the recent incident. 

 

E.         SERVICE DIRECTOR.  Mr. Wiseman stated he is in the process of procuring an emergency back up generator that will assist us if we have an extended power failure in operating the lift station.  He stated the City is continuing to pick up debris from the recent storm, and we are still working with ODOT on the signage and lane markings at S.R. 256 and I-70. 

 

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 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.  (TABLED)  Mr. O’Brien moved to remove from the Table; Mr. Hackworth seconded the motion.  Mr. O’Brien moved to adopt; 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.”  Motion passed, 7-0.  Mayor Shaver asked Mr. Mark Landis to provide an overview of the settlement agreement.  Mr. Landis the settlement agreement is lengthy and it states that the City will have plans and do research before they set new fees or enact new rules for development.  He stated the attempt by this legislation is to put the builders back where they would have been before the moratorium.  Mr. O’Brien moved to amend by substitution with the ordinance provided Council in their packets; Mr. Hackworth seconded the motion.  Roll call was taken on the motion to amend with Mr. Sabatino abstaining, and Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mr. Wright, Mr. O’Brien, and Mrs. Riggs voting “Yea.”  Motion to amend passed, 6-0.  Mr. Parker stated if he had to go back and change any vote he had ever made, he would never vote for a moratorium.  He stated he felt these issues could have been brought forward and discussed with the BIA with the same conclusion without the moratorium.  Mr. Parker stated he felt the settlement agreement was very good for the City because he did not feel the City would have won the litigation.  Mr. Wright stated although he felt the moratorium was wrong, he felt it was important we settle this.  He stated he did not feel we were any further ahead now than we would have been with a Community Authority a year and a half ago.  Roll call was taken on the ordinance as amended with Mr. Sabatino and Mr. Parker abstaining, and Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

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. (TABLED)  Mr. Hackworth moved to remove from the Table; Mr. O’Brien 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.’  Motion passed, 7-0.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Mr. O’Brien moved to amend by substitution with the ordinance provided Council in their packet; Mr. Hackworth seconded the motion.  Roll call was taken on the motion to amend with Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.”  Motion to amend passed, 7-0.  Roll call was taken on the ordinance as amended with Mr. Wright, Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0. 

 

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.  (TABLED)  Mr. O’Brien moved to remove from Table; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 7-0.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. O’Brien moved to amend by substitution with the ordinance provided Council in their packets; Mrs. Riggs seconded the motion.  Roll call was taken on the motion to amend with Mr. Wright, Mr. Parker, Mr. Hackworth, Mrs. Riggs, Mr. O’Brien, Mr. Sabatino, and Mr. Wisniewski voting “Yea.”  Motion passed to amend, 7-0.  Roll call was taken on the ordinance as amended with Mr. Parker abstaining, and Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, Mr. Sabatino, Mr. Wright voting “Yea.”  Motion passed, 6-0. 

 

E.         ORDINANCE 2005-04, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND THE LIFE OF BUILDING PERMITS,” First Reading, Mayor Shaver.  (TABLED)  Mr. O’Brien moved to remove from the Table; 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.”  Motion passed, 7-0.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth moved to amend by substitution with the ordinance provided Council in their packet; Mr. O’Brien seconded the motion.  Roll call was taken on the motion to amend with Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mr. Wright, Mr. O’Brien, Mr. Sabatino, and Mrs. Riggs voting “Yea.”  Motion to amend passed, 7-0.  Roll call was taken on the ordinance as amended with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 7-0.

 

F.         ORDINANCE 2005-05, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR PHASE 2 OF THE MARONDA GEORGES CREEK SUBDIVISION,” First Reading, Mayor Shaver.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Parker abstaining, Mr. Wisniewski voting “Nay,” and Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 5-1. 

 

G.        ORDINANCE 2005-06, “AN ORDINANCE ACCEPTING SHAWNEE CROSSING SUBDIVISION PHASE I PURSUANT TO CODE SECTION 1258.31, First Reading, Mayor Shaver.  Mr. Hackworth moved to adopt; Mrs. Riggs seconded the motion.  Mr. Hackworth moved to amend to modify the language in Bullet 1 under Section 1 to read, “Fannin Builders shall comply with the City’s grading guidelines for Phase 1;” Mrs. Riggs seconded the motion.  Roll call was taken on the motion to amend with Mr. Wisniewski, Mr. Hackworth, Mr. Wright, Mrs. Riggs, Mr. Sabatino, Mr. O’Brien, and Mr. Parker voting “Yea.”  Motion to amend passed, 7-0.  Roll call was taken on the ordinance as amended with Mr. Parker, Mrs. Riggs, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 7-0. 

 

H.        ORDINANCE 2005-07, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH STILSON CONSULTING GROUP, LLC, FOR THE POSITION OF PICKERINGTON CITY ENGINEER,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this contract with Stilson included the provision that Stilson would provide an on-site engineer on a schedule set by the City Manager and Service Director.  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. 

 

 

I.          ORDINANCE 2005-08, “AN ORDINANCE TO ACCEPT A DEED OF LAND FROM CENTEX HOMES,” First Reading, Riggs.  Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken  with Mr. Wisniewski abstaining, and Mr. Sabatino, Mr. O’Brien, Mr. Wright, Mr. Parker, Mrs. Riggs, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

J.          ORDINANCE 2005-09, “AN ORDINANCE TO AMEND ORDINANCE 2004-57 TO CLARIFY THE VACATING OF A PORTION OF THE ROAD RIGHT-OF-WAY TO COURTRIGHT DRIVE,” First Reading, O’Brien.  Mr. O’Brien moved to Table; Mrs. Riggs 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)

 

K.        RESOLUTION 2005-01R, “A RESOLUTION TO RE-APPOINTING DOUGLAS BLAKE TO THE PLANNING AND ZONING COMMISISON AND THE DECLARATION OF AN EMERGENCY,” First Reading, O’Brien.  Mr. O’Brien moved to approve; Mrs. Riggs seconded the motion.  Roll call was taken with Mr. Parker voting “Nay,” and Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Wisniewski, and Mrs. Riggs voting “Yea.”  Motion passed, 6-1.  (CONSENT AGENDA ITEM.)

 

L.         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.  (TABLED)

 

M.        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.  (TABLED)

 

9.         LEGISLATIVE READINGS:

 

A.        ORDINANCE 2004-80 (AMENDED), “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,” Third Reading, Parker.  Mr. Parker moved to Table; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, Mrs. Riggs, Mr. Parker, Mr. Sabatino, and Mr. Wright voting “Yea.”  Motion to Table passed, 7-0.  (TABLED)

 

B.         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,” Third Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Wright and Mr. Sabatino voting “Nay,” and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 5-2. 

 

C.        ORDINANCE 2004-90, “AN ORDINANCE TO PROVIDE FOR CERTAIN WATER SERVICE CONNECTION CONDITIONS AND OPTIONS,” Third Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien 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 2004-91, “AN ORDINANCE TO AMEND CHAPTER 1422 RELATIVE TO THE RESIDENTIAL CODE OF OHIO,” Third Reading, O’Brien.  Mr. O’Brien moved to adopt; Hackworth 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. 

 

E.         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,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth 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. 

 

F.         RESOLUTION 2004-29R, “A RESOLUTION OF AUTHORIZATION,” Third Reading, Riggs.  Mrs. Riggs 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. 

 

G.        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,” Third Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth 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. 

 

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

 

10.       MOTIONS:  

 

A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3), CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION.  Mayor Shaver stated he understood this Executive Session was not necessary this evening. 

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. Hackworth moved to adjourn; Mr. O’Brien seconded the motion.  Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voted “Aye.”  Motion carried, 7-0.  The meeting adjourned at 8:47 P.M., January 18, 2005.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor