PICKERINGTON CITY COUNCIL
TUESDAY, FEBRUARY 15, 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, February 15, 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. O’Brien, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mayor Shaver were present. Mr. Parker was absent. Others present were: Judy Gilleland, Lynda Yartin, Ann Ellis, Chief Mike Taylor, Phil Hartmann, Frank Wiseman, Mike Maurer, Jennifer Frommer, Patti Wigington, Jack Sower, Kirk Richards, Jeff Fix, Pat Shaver, Jerry Dailey, Carol Carter, Alicia Weitzel, Teresa Meno, Chris Chapman, Harry Myers, Tamaria Liddell, Mark Landes, and others. Mayor Shaver requested a moment of silence.
2. A. APPROVAL OF MINUTES OF FEBRUARY 1, 2005, REGULAR MEETING. Mr. Hackworth moved to approve; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Wisniewski, Mr. Wright, Mr. Hackworth, Mr. O’Brien, and Mrs. Riggs voting “Yea.” Motion passed, 5-0.
B. APPROVAL OF MINUTES OF FEBRUARY 9, 2005, SPECIAL MEETING. Mr. O’Brien moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Wright, Mr. O’Brien, Mr. Hackworth, Mrs. Riggs, and Mr. Wisniewski voting “Yea.” Motion passed, 5-0.
3. APPROVAL OF AGENDA. Mr. Hackworth moved to approve; Mrs. Riggs 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. Jerry Dailey, Stilson Consulting Group, LLC. Mr. Dailey stated he had been asked to speak briefly to the Diley Road widening project, as Council has been receiving quite a few questions through the mail. Mr. Dailey stated he would provide a general overview of the big picture from an engineering standpoint, and brief on some tasks that are being performed right now. Mr. Dailey stated the environmental document has been in for review and approval and that is imminent. He stated that is a major funding milestone and at that point the 30 percent design plans will be officially under review. Mr. Dailey stated responses have been sent to citizen’s comments from the public meetings. He stated those responses were not sent until certain information was available and the responses would be most meaningful. He further stated letters have been sent to approximately 45 property owners who are going to have some small piece of right-of-way dedicated. He continued survey is in process for the piece of the project north of Wright Road, which is referred to as Phase I. The survey is an identification of all those features about citizens properties that may be difficult to tell from the aerial mapping, and that will be designed around. Mr. Dailey stated no damage to property should occur, and if it does occur the resident should notify the staff engineer’s office at the City. Mr. Dailey stated the name and phone number of Jennifer Frommer was given as the contact person in the letters that were sent. Mr. Dailey stated he felt the important thing for resident’s to remember right now is that answers given to this date are based on information we have know right now, the 30 percent design. He stated not enough final design has been done to answer all questions as yet. He stated as an example, we do not want to have anyone have to back out onto the new roadway, so each property will be looked at to see how a turnaround can be designed to avoid that. He stated landscaping issues will be coming up as the elevation of property is finalized. Mr. Dailey stated over the next three months he will be looking at how each property fits with the project, the resident will be contacted as their property becomes pertinent to the design, and if they feel there is information that would be missed, please call Ms Frommer at City Hall and she will set up a meeting. Mr. Dailey further stated if there is some issue on the right-of-way or something that is unclear, the resident is asked to call Mr. Hillman, and again, that information with the phone number is provided in the letter sent. Mr. Dailey stated Mr. Hillman is the resident’s advocate. Mr. Dailey stated further stated there will be construction equipment on a piece of Diley Road in the next few weeks. He stated this is not for the large project, but to complete the piece of roadway that now has an intersection at Drug Mart. He stated that roadway will be completed with a slight curve over to old Diley Road and will end just above the culvert just north of the railroad. He stated this project has nothing to do with the ODOT project or MORPC funding. He continued on the large project, a noise study has been done and some areas are eligible for some kind of noise attenuation. He stated whether it will be a noise wall or any other mechanism such as landscaping, mounding, etc., the City will meet and strategize on those various locations. Mr. Dailey stated the property owners at each of those locations will have a say in what the method of attenuation is. Mr. Dailey stated he hoped this information answered a lot of the questions residents may have.
B. Teresa Meno, 782 North Starr Drive. Ms Meno stated she is Mr. Sabatino’s step-daughter and she would like to set the record straight regarding Mr. Sabatino’s personal agenda because of her. She stated each time she approached Council it was regarding homes that face Diley, and her home does not. Ms Meno stated she has made her concerns quite clear in her meetings with the City Manager, she feels five lanes near front yards would bring down property values that would spread to every development on Diley Road. Ms Meno stated if anyone has a doubt, look at the homes on the corner of S.R. 256 and Diley, they cannot sell their homes. Ms Meno stated she has spoken out because she cares about her community. She further stated she would rather have a council member with close ties to the community and that is not afraid to fight back. One that does what is right for his City, his friends, and his family, than a council member that is afraid to do what he or she is elected to do. She stated she is proud of her step-father for fighting back and not backing down on this issue, and for standing up for those residents that have approached him when no-one else would listen.
C. Alicia Weitzel, 229 Lillian Drive. Ms Weitzel stated she moved to Pickerington about five years ago, and when she has had concerns about issues before Council she has attended the meetings. She stated when she did not have concerns, she stayed abreast through the coverage in the media, as well as, reading minutes of the meetings. She stated this would allow her to stay current without having to attend every Council meetings. Ms Weitzel stated last fall an issue before Council was publicized in the media, that of the legislation relative to disposal practices and garbage containers. Ms Weitzel stated during the three readings the ordinance was portrayed as the result of complaints by citizens in regards to individuals who put their garbage out to early in the week and failed to pick it up at the curb after pick up. Ms Weitzel stated there was never any mention in the minutes of the three council meetings or the media reports concerning anything other than this issue. She stated, based on this information, she thought it was a good ordinance. Ms Weitzel stated then, on Friday, February 11th, she received a letter from the Code Enforcement Officer informing her she was in violation of this City ordinance, and that shocked her. Ms Weitzel stated she stores her trashcan on her driveway, to the side of the garage, partially concealed by shrubbery, and this is apparently a violation of that ordinance. She stated she does not want to incur a $250 fine and/or jail time for failure to comply with the law, but what options did she have. Ms Weitzel stated she would clean out her garage so she can store her trash can there. Ms Weitzel stated upon researching this ordinance through the minutes of the Safety Committee, where it originated, she found that on September 13th the City Manager is the person who proposed adding this to the ordinance, and it was brought up again at the Safety meeting on October 4th. Ms Weitzel stated she found it odd this was a prominent piece of the ordinance, discussed well in the Committee, but never mentioned in the Council meetings. Ms Weitzel stated she is upset and dismayed that she now feels she has to read the minutes of every single committee and every single council meeting or work session in order to find out what is going on at Council. Ms Gilleland stated to the best of her knowledge, we have only been dealing with waste collection issues on a complaint basis. She stated she would research this and get back with Ms Weitzel tomorrow.
5. APPROVAL OF CONSENT AGENDA: Mayor Shaver stated there no consent agenda items this evening.
6. COMMITTEE REPORTS:
A. RULES COMMITTEE. Mr. O’Brien stated he was out of state and unable to attend the Rules meeting. Mr. Hackworth stated Rules had met on February 7th, and requested the advertisement for various citizen volunteer positions be run one more time, and they discussed various changes to Council rules.
B. SAFETY COMMITTEE. Mr. Wisniewski stated Safety Committee also met February 7th, and no legislation came from that meeting for tonight’s agenda.
C. SERVICE COMMITTEE. Mr. Hackworth stated Service Committee met on February 10th, and reviewed the six ordinances referred back to Service Committee dealing with the BIA settlement, as well as, the legislation accepting the 362 acre annexation. Mr. Hackworth stated further Service Committee had a work session to discussion the Thoroughfare Plan and it would be on the next Council agenda. Mr. Hackworth stated the legislation on tonight’s agenda regarding deduct meters for commercial businesses did come out of that meeting. Mr. Hackworth further stated the Committee had approved a change order to the R.D. Zande contract for the environmental study on the Diley Road project, and that will also be on the next Council agenda.
7. REPORTS:
A. MAYOR. Mayor Shaver stated he and Ms Gilleland had met with the BIA and the result was that both the BIA and the City need to look very closely at what is happening to our schools, and we did receive a commitment from the BIA to begin discussion in those areas and to involve the Board of Education in those discussions.
B. LAW DIRECTOR. Mr. Hartmann stated he would again request the two Ordinances relating to the contracts for prosecuting in Mayor’s Court and also in Fairfield County continue to be tabled as his office works through issues on them. He stated he hoped to have the remaining issue settled before the next meeting.
C. FINANCE DIRECTOR. Mrs. Ellis stated she had nothing to report this evening.
D. MANAGER. Ms Gilleland stated her report had been distributed and she would be happy to answer any questions. Mr. Hackworth ascertained that Fairfield County has been included in the counties that were declared eligible for federal assistance as a result of the winter ice storm.
E. SERVICE DIRECTOR. Mr. Wiseman stated with regard to the federal assistance, we are just getting into filing an application. He stated with regard to the legislation tonight regarding deduct meters, we do have legislation on this issue, however, it does not provide for a commercial business to have a deduct meter. He stated this does not include irrigation, just water used for production of services. Mr. Wiseman further stated he would like to note that the traffic signal at S.R. 256 and Refugee was hit in an accident and he hoped it will be back on line by the end of the week. He stated as a result of this accident, the timing on the signals all the way north are affected and it will take some time to get them all back on track. Mr. Sabatino clarified we are working with the Fairfield County EMA regarding the sanitary sewer back up. Ms Gilleland stated it is yet to be determined whether they will cover sanitary sewer back ups as part of this disaster. Mr. Wiseman stated as we get more information we will be passing it on to the residents.
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 2005-16, “AN ORDINANCE AMENDING SECTION 1046.011 OF THE PICKERINGTON CODIFIED ORDINANCES REGARDING DEDUCT WATER METERS,” First Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. 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.
C. 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)
D. 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)
E. 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,” Second Reading, O’Brien. Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion. Mr. O’Brien stated this is the result of the realignment of Courtright Drive, and we are swapping .156 acres with Fairfield National Bank to straighten out the land. Roll call was taken with Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mrs. Riggs, Mr. Sabatino, and Mr. Wright voting “Yea.” Motion passed, 6-0.
F. ORDINANCE 2005-10, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 004 TO THE COLUMUBS & CENTER STREET STREETSCAPE PROJECT,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mrs. Riggs, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 6-0.
G. ORDINANCE 2005-11, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A DEED TO BGM DEVELOPMENT CORPORATION FOR THE SALE OF THE CITY-OWNED REAL PROPERTY KNOWN AS LOT NO. 1, WINDMILLER SQUARE COMMERCIAL SUBDIVISION, AND TO REPEAL ORDINANCE 2004-45,” Second Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion. Mr. Hackworth stated this is the small lot owned by the City that is by CME Credit Union. Roll call was taken with Mr. Wright abstaining, and Mr. O’Brien, Mrs. Riggs, Mr. Wisniewski, Mr. Sabatino, and Mr. Hackworth voting “Yea.” Motion passed, 5-0.
H. ORDINANCE 2005-12, “AN ORDINANCE TO ACCEPT AN ANNEXATION OF 362 ACRES IN VIOLET TOWNSHIP, FAIRFIELD COUNTY, TO THE CITY OF PICKERINGTON,” Second Reading, Mayor Shaver. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Mayor Shaver stated this is the second reading and will terminate the litigation with Violet Township over the annexation of these 362 acres and to proceed with the annexation under the terms of the agreement. Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Wisniewski, Mrs. Riggs, Mr. Hackworth, and Mr. Wright voting “Yea.” Motion passed, 5-0.
9. LEGISLATIVE READINGS:
A. ORDINANCE 2004-80 (AS 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. (TABLED)
B. ORDINANCE 2005-01 (AS AMENDED), “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT SETTLING CLAIMS ARISING FROM FRANKLIN COUNTY COMMON PLEAS COURT CASE NO. 03CVH11-12173,” Third Reading, Mayor Shaver. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Mr. Wright clarified this included all of the claims from all the different plaintiff’s, including Fannin. Mr. Wright stated after the last special meeting he had requested some information that dealt with the Shawnee Crossing subdivision. He stated he vaguely recalled on the original plat the park land we are purchasing was either dedicated or scheduled to be dedicated to the City as park land. He stated he had supported the approval of this legislation and Ordinance 2005-06, however he was concerned this purchase of property is not really a purchase of property but an attempt to hide a settlement. He stated he had not received the information he requested, and he would therefore abstain on the vote this evening. Mr. Sabatino stated he has asked the same question on the park land and he intended to abstain again this evening. Roll call was taken with Mr. Sabatino and Mr. Wright abstaining, and Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, and Mrs. Riggs voting “Yea.” Motion passed, 4-0.
C. ORDINANCE 2005-02 (AS AMENDED), “AN ORDINANCE TO AMEND SECTION 1442.04 OF THE PICKERINGTON CODIFIED ORDINANCES RELATIVE TO BUILDING PERMIT TRANSFERS,” Third Reading, Mayor Shaver. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 5-0.
D. ORDINANCE 2005-03 (AS AMENDED), “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TOLL DATES APPLICABLE TO CERTAIN APPROVED PRELIMINARY AND FINAL PLATS,” Third Reading, Mayor Shaver. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. Hackworth, Mr. Wisniewski, Mr. O’Brien, Mrs. Riggs, and Mr. Wright voting “Yea.” Motion passed, 5-0.
E. ORDINANCE 2005-04 (AS AMENDED), “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND THE LIFE OF BUILDING PERMITS,” Third Reading, Mayor Shaver. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Wisniewski, Mr. Wright, Mr. Hackworth, and Mrs. Riggs voting “Yea.” Motion passed, 5-0.
F. ORDINANCE 2005-05, “AN ORDINANCE ACCEPTING THE FINAL PLAT FOR PHASE 2 OF THE MARONDA GEORGES CREEK SUBDIVISION,” Third Reading, Mayor Shaver. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sabatino abstaining, and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, Mr. Wright, and Mr. Hackworth voting “Yea.” Motion passed, 5-0.
G. ORDINANCE 2005-06 (AS AMENDED), “AN ORDINANCE ACCEPTING SHAWNEE CROSSING SUBDIVISION PHASE I PURSUANT TO CODE SECTION 1258.31, Third Reading, Mayor Shaver. Mrs. Riggs moved to adopt; Mr. Hackworth seconded the motion. Mr. Hackworth moved to amend by substitution with the ordinance provided by the law director that expanded the first bullet point in Section 1; Mr. O’Brien seconded the motion. Roll call was taken on the motion to amend with Mr. Wright and Mr. Sabatino abstaining, and Mrs. Riggs, Mr. Wisniewski, Mr. O’Brien, and Mr. Hackworth voting “Yea.” Motion to amend passed, 4-0. Roll call was taken on the final reading, as amended, with Mr. Sabatino and Mr. Wright abstaining, Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, and Mrs. Riggs voting “Yea.” Motion passed, 4-0.
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,” Third Reading, Hackworth. Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Sabatino, Mrs. Riggs, and Mr. O’Brien voting “Yea.” Motion passed, 6-0.
I. ORDINANCE 2005-08, “AN ORDINANCE TO ACCEPT A DEED OF LAND FROM CENTEX HOMES,” Third Reading, Riggs. Mrs. Riggs moved to adopt; Mr. O’Brien seconded the motion. Roll call was taken with Mr. Wisniewski abstaining, and Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, and Mr. Sabatino voting “Yea.” Motion passed, 5-0.
10. MOTIONS: There were no motions.
11. OTHER BUSINESS: No other business was brought forward.
12. ADJOURNMENT. There being nothing further, Mrs. Riggs moved to adjourn; Mr. Hackworth seconded the motion. Mrs. Riggs, Mr. O’Brien, Mr. Wright, Mr. Hackworth, Mr. Sabatino, and Mr. Wisniewski voted “Aye.” Motion carried, 6-0. The meeting adjourned at 8:30 P.M., February 15, 2005.
RESPECTFULLY SUBMITTED:
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ATTEST:
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