PICKERINGTON CITY COUNCIL

TUESDAY, MARCH 1, 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, March 1, 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, and Mayor Shaver were present. Mrs. Riggs was absent.  Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Chief Mike Taylor, Phil Hartmann, Frank Wiseman, Lance Schultz, McKenzie Fry, Jennifer Frommer, Patti Wigington, Jack Sower, Dennis Schwallie, Carol Carter, and others.  Pastor Myers of Prince of Peace Presbyterian Church delivered the invocation.   

 

2.         APPROVAL OF MINUTES OF FEBRUARY 15, 2005, REGULAR MEETING.  Mr. O’Brien moved to approve; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Sabatino and Mr. Parker abstaining, and Mr. Wisniewski, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 4-0. 

 

3.         APPROVAL OF AGENDA.  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, and Mr. Wisniewski voting “Yea.”  Motion passed, 6-0. 

 

4.         COMMUNITY COMMENTS:   There were no community comments. 

 

5.         APPROVAL OF CONSENT AGENDA:  Mayor Shaver stated there no consent agenda items this evening. 

 

6.         COMMITTEE REPORTS: 

 

            A.        FINANCE COMMITTEE.  Mr. Hackworth stated Finance Committee met on February 17th, and several note issues from that meeting are on tonight’s agenda as well as an appropriation ordinance.  Mr. Hackworth stated he would answer any questions.   

 

7.         REPORTS:

 

A.        MAYOR.  Mayor Shaver stated he had no report this evening.     

 

B.         LAW DIRECTOR.  Mr. Hartmann stated he would request the two ordinances regarding the contracts with Lancaster for prosecution services be tabled one more time as there is one outstanding issue they are trying to work through. 

 

C.        FINANCE DIRECTOR.  Mrs. Fersch stated she would request three readings on the appropriation ordinance so she can take care of some items.  She stated she would answer any questions. 

   

D.        MANAGER.  Ms Gilleland stated her report had been distributed and she would be happy to answer any questions.  

 

E.         SERVICE DIRECTOR.  Mr. Wiseman stated he and Mrs. Fersch had met with FEMA and they were proceeding with preparing an application to submit as a result of the winter storm.  He stated the County is applying for private home benefits to see if there is assistance for the homes that may have had storm water or sanitary sewage back ups. 

 

Mayor Shaver read a proclamation to be presented to the Fairfield County Board of Mental Retardation declaring March as Mental Retardation Development and Disability Awareness Month in the City of Pickerington. 

 

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)   Mr. Parker moved to remove from the Table; Mr. Wright seconded the motion.  Roll call was taken with Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0.  Mr. Parker stated the scope of services has changed and a new ordinance would be coming through Service Committee on this issue.  Mr. O’Brien moved to adopt.  Motion died for lack of a second. 

 

B.         ORDINANCE 2005-17, “AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF THE ORIGINAL CONSULTANT AGREEMENT WITH R.D. ZANDE & ASSOCIATES FOR ADDITIONAL SCOPE OF SERVICES AND FUNDING REQUEST,” First Reading, Parker.  Mr. Parker moved to adopt; Mr. Hackworth seconded the motion.  Mr. Parker stated some additional engineering was required due to the change in the alignment of the road and that increased the amount of the contract.  Roll call was taken with Mr. Sabatino abstaining, and Mr. O’Brien, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 5-0. 

 

C.        ORDINANCE 2005-18, “AN ORDINANCE ADOPTING A NEW THOROUGHFARE PLAN MAP FOR THE CONTINUED DEVELOPMENT OF ROADWAY INFRASTRUCTURE WITHIN THE CITY OF PICKERINGTON,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Mr. Hackworth stated this ordinance came out of Service Committee and reflected the desired infrastructure changes.  He stated this is a base document and will key in to our Transportation Improvement Plan.  Mr. Wright stated the ordinance refers to the Growth Management Plan and he did not believe we could conform with a plan that does not exist as yet.  Mr. Sabatino questioned if this would be, looking forward to if Pickerington Road becomes an interchange, would this be the first piece of legislation that would deal with that in terms of referendability?  He stated in the referendum the people on Diley Road attempted to do it was not allowed because of a document back in 1997.  He questioned if this would be the same for Pickerington Road whenever it gets improved.  Mr. Wright stated it would also apply to Busey Road, Allen Road, and Refugee Road if this changes them all to minor arterial which would make you think a five lane road.  Mr. Wright further questioned if this would be the first ordinance dealing with the possibility of widening Refugee Road, Allen Road, Pickerington Road, and Busey Road.  Mr. Wright further questioned if someone wanted to referendum the possibility of Pickerington, Allen, Refugee, and anything else here that is changing to a minor arterial, they would need to do that now?  Mayor Shaver stated that would be a legal issue for Mr. Hartmann.  Ms Gilleland stated a Council work session has been scheduled for March 15th to discuss this Plan.  Mr. Hackworth stated Service Committee felt a first reading could be done prior to the work session so the legislation was not held up.  Mr. Wright stated he was asking for a legal opinion to determine if this would be considered the first piece of legislation that would deal with the widening of these roads.  Roll call was taken with Mr. Sabatino, and Mr. Wright voting “Nay,” and Mr. Parker, Mr. O’Brien, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 4-2. 

 

D.        ORDINANCE 2005-19, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $1,710,000 OF NOTES BY THE CITY OF PICKERINGOTN, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO RENEW NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF ACQUIRING AND CONSTRUCTING IMPROVEMENTS TO THE SANITARY SEWER COLLECTION AND TREATMENT SYSTEM OF THE CITY, INCLUDING PHASES 3 AND 4 OF THE D-LINE SEWER,” First Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this is a note renewal.  Roll call was taken with Mr. Sabatino abstaining, and Mr. Wisniewski, Mr. Parker, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 5-0. 

 

E.         ORDINANCE 2005-20, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $75,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING PART OF THE COST OF STREET IMPROVEMENTS AND PARTICULARLY, THE CLOSING OF MEADOWS BOULEVARD,” First Reading, Riggs.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this is the project on the CIP to make a cul de sac out of the eastern end of Meadows Boulevard.  Mr. Parker stated if we cul de sac that street now, we will be closing down an east/west corridor and that could create more traffic problems.  Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 4-2. 

 

F.         ORDINANCE 2005-21, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $275,000 OF NOTES BY THE CITY OF PICKERINGTON, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COST OF CONSTRUCTING AND ACQUIRING IMPROVEMENTS AND RENOVATIONS TO THE CITY HALL AND BUILDING DEPARTMENT BUILDINGS,” First Reading, Riggs.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Ms Gilleland stated this would include $225,000 for renovations to our City Hall and $50,000 for renovations to our Building Department.  She stated we are several years out from being able to financially afford major renovations to City Hall, so this would be internal changes to allow us to accommodate our staff.  She stated these modifications would hopefully hold us for five years or so.  Mr. Sabatino clarified an architect has not been contacted as yet to determine the exact renovations.  Ms Gilleland stated this was setting the budget for the renovations.  Mr. Wright stated he could not support this until he saw some plans and he felt it was improper to request for a bond issue before an architect is contacted and no plans have been drawn up.  Ms Gilleland stated this was being brought to Council at this time in order to consolidate it with the other small issues in order to obtain a better rate, however, if Council is not comfortable with this that is fine.  Mr. Sabatino stated he would also like more information on what the funds would be spent on before he could vote on this as well.  Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. Parker, Mr. O’Brien, Mr. Wisniewski, and Mr. Hackworth voting “Yea.”  Motion passed, 4-2. 

 

G.        ORDINANCE 2005-22, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $350,000 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 ACQUIRING REAL PROPERTY FOR USE AS PARK LAND,” First Reading, Hackworth.  Mr. Hackworth moved to Table; Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0.  (TABLED) 

 

H.        ORDINANCE 2005-23, “AN ORDINANCE CONSOLIDATING UP TO FOUR BOND ANTICIPATION NOTE ISSUES OF THE CITY OF PICKERINGTON, OHIO, INTO A CONSOLIDATED NOTE ISSUE, AND ESTABLISHING THE TERMS OF SUCH CONSOLIDATED NOTE ISSUE,” First Reading, Riggs.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this would allow the four previously voted on notes to be consolidated into one issue.  Roll call was taken with Mr. Sabatino and Mr. Wright voting “Nay,” and Mr. O’Brien, Mr. Wisniewski, Mr. Parker, and Mr. Hackworth voting “Yea.”  Motion passed, 4-2.    

 

I.          ORDINANCE 2005-24, “AN ORDINANCE AMENDING THE 2005 APPROPRIATION, ORDINANCE 2004-81,” First Reading, Wisniewski.  Mr. Wisniewski moved to adopt; Mr. Hackworth seconded the motion.  Mr. Wisniewski stated these are the appropriations that came out of Finance Committee and are explained in the ordinance.  Mr. Wisniewski stated Mrs. Fersch had asked for three readings this evening.  Roll call was taken with Mr. Sabatino abstaining, and Mr. Parker, Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, and Mr. Wright voting “Yea.”  Motion passed, 5-0.  Mr. Wisniewski moved to suspend the rules for the purpose of three readings; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino abstaining, Mr. O’Brien, Mr. Wisniewski, Mr. Hackworth, Mr. Wright, and Mr. Parker voting “Yea.”  Suspension of Rules failed, 5-0. 

 

J.          ORDINANCE 2005-25, “AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $2,847,244 OF REVENUE NOTES BY THE CITY OF PICKERINGTON, OHIO, FOR THE PURPOSE OF RENEWING NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PAYING PART OF THE COST OF WATER SYSTEM IMPROVEMENTS,” First Reading, Riggs.  Mr. Hackworth moved to adopt; Mr. Wisniewski seconded the motion.  Mr. Hackworth stated this was another note renewal.  Roll call was taken with Mr. Wisniewski, Mr. Parker, Mr. Sabatino, Mr. Wright, Mr. Hackworth, and Mr. O’Brien voting “Yea.”  Motion passed, 6-0. 

 

K.        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)

 

L.         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)

 

M.        ORDINANCE 2005-16, “AN ORDINANCE AMENDING SECTION 1046.011 OF THE PICKERINGTON CODIFIED ORDINANCES REGARDING DEDUCT WATER METERS,” Second Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. O’Brien seconded the motion.  Roll call was taken with Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker, Mr. Sabatino, and Mr. Hackworth voting “Yea.”  Motion passed, 6-0. 

 

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)  Mr. Parker moved to remove from the Table; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Parker, Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0.  Mr. Parker moved to adopt; Mr. Wright seconded the motion.  Mr. Parker moved to amend by substitution with the amended version presented to Council by the Law Director this evening; Mr. Wright seconded the motion.  Roll call was taken on the motion to amend with Mr. Sabatino abstaining, and Mr. Wright, Mr. O’Brien, Mr. Wisniewski, Mr. Parker,  and Mr. Hackworth voting “Yea.”  Motion passed, 5-0.  Mr. Parker stated the amended ordinance changed the timing of the traffic study so the study will be done when it is needed, and further the new ordinance spells out that no multi-family housing except condominiums and nursing homes shall be permitted in the area zoned PR10.  Roll call was taken on the ordinance as amended with Mr. Sabatino abstaining, and Mr. Hackworth, Mr. Wisniewski, Mr. Parker, Mr. Wright, and Mr. O’Brien voting “Yea.”  Motion passed, 5-0. 

 

B.         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,” Third Reading, O’Brien.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Hackworth, Mr. Wright, Mr. O’Brien, Mr. Sabatino, Mr. Wisniewski, and Mr. Parker voting “Yea.”  Motion passed, 6-0. 

 

C.        ORDINANCE 2005-10, “AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 004 TO THE COLUMUBS & CENTER STREET STREETSCAPE PROJECT,” Third Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. O’Brien, Mr. Wright, Mr. Parker, Mr. Hackworth, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

D.        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,” Third Reading, Hackworth.  Mr. Hackworth moved to adopt; Mr. Parker seconded the motion.  Roll call was taken with Mr. Wright abstaining, and Mr. O’Brien, Mr. Hackworth, Mr. Wisniewski, Mr. Parker, and Mr. Sabatino voting “Yea.”  Motion passed, 5-0.  

 

E.         ORDINANCE 2005-12, “AN ORDINANCE TO ACCEPT AN ANNEXATION OF 362 ACRES IN VIOLET TOWNSHIP, FAIRFIELD COUNTY, TO THE CITY OF PICKERINGTON,” Third Reading, Mayor Shaver.  Mr. O’Brien moved to adopt; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Sabatino abstaining, and Mr. Hackworth, Mr. Wright, Mr. Wisniewski, Mr. Parker, and Mr. O’Brien voting “Yea.”  Motion passed, 5-0. 

 

10.       MOTIONS:  

 

A.        MOTION FOR EXECUTIVE SESSION UNDER SECTION 121.22(G)(3), CONFERENCE WITH LAW DIRECTOR REGARDING PENDING OR IMMINENT COURT ACTION.  Mr. Parker moved for Executive Session under Section 121.22(G)(3); Mr. Wisniewski seconded the motion.  Roll call was taken with Mr. Wisniewski, Mr. Hackworth, Mr. Parker, Mr. Wright, Mr. O’Brien, and Mr. Sabatino voting “Yea.”  Motion passed, 6-0. 

 

Council went into Executive Session at 8:37 P.M., and reconvened in open session at 9:12 P.M.

 

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

 

12.       ADJOURNMENT. There being nothing further, Mr. Wright moved to adjourn; Mr. Hackworth seconded the motion.  Mr. Sabatino, Mr. Hackworth, Mr. O’Brien, Mr. Wright, Mr. Parker, and Mr. Wisniewski voted “Aye.”  Motion carried, 6-0.  The meeting adjourned at 9:14 P.M., March 1, 2005.

 

RESPECTFULLY SUBMITTED: 

 

 

__________________________________

Lynda D. Yartin, Municipal Clerk

 

ATTEST:

 

 

___________________________________

David Shaver, Mayor