HomeMy WebLinkAbout04/05/1999
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RECORD OF PROCEEDINGS
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Mayor Kranstuber called the Dublin City Council Meeting of April 5, 1999 to order at
7:00 p.m.
Mrs. Boring led the Pledge of Allegiance.
..........
Roll Call
Council members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. Adamek,
Mr. McCash, Mr. Peterson, Ms. Hide Pittaluga and Mr. Reiner.
Staff members present were: Mr. Hansley, Mr. Helwig, Mr. Smith, Ms. Grigsby, Mr.
McDaniel, Mr. Harding, Mr. Kindra, Ms. Clarke, Ms. Bearden, Mr. Hahn, Ms. Duty, Mr.
Hale, Lt. Epperson, Mr. Husenitza, and Ms. Heal.
Approval of Minutes of Meeting of March 15,1999
Mayor Kranstuber moved approval of the minutes as submitted.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Hide
Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes.
Correspondence
The Clerk stated that notices to legislative authority were sent to Council regarding the
following liquor permits: D2 permit for Penn Traffic Co., dba Big Bear Store #266, 6700
Perimeter Loop Road; D3 and D3A permits for GTN Corp., dba Dublin Village Tavern,
27-29 S. High Street.
There were no objections from Council regarding the issuance of these permits.
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Citizen Comments ( items not on the agenda)
Wallace Maurer. 7451 Dublin Road addressed Council regarding Section 3.06(d) ofthe
Revised Charter. He believes the clause which allows Council to adjourn to executive
session for matters other than those provided under state law is unconstitutional. He
believes that the intent of the Council in this matter was to allow for discussion of
economic development proposals in closed session. He provided a brief history of
English law and monarchy. He noted that the history of the United States is one of
democratic liberation. If Council agrees with him that this clause is unconstitutional, he
requests that they not invoke the clause during their terms and that they work to remove
the clause from the Charter.
Mayor Kranstuber responded that Council has never indicated any interest in adding
additional matters for executive session as the Charter permits.
Molly Newbeny. P.O. Box 767. Powell noted that she is concerned about the arson
incident at A very Park. She would like this to be addressed so that it will not happen
again. She also noted that lights are sometimes left on at night at A very Park which
results in unneeded expense to the City. The shelter house near the Rec Center is often
left with lights on all night and unlocked, and this is another opportunity for vandals. In
addition, lights have been left on at night on the tennis courts at Coffman Park.
".-....
Mayor Kranstuber noted that the lights are on timers, so they do turn off after a period of
time.
Mr. Hahn stated that he has not been aware of an issue with the A very field lights until
now. The access areas are locked up seasonally, but during the baseball season, they are
left unlocked because of the need for s() many coaches to access the light box.
The pavilion at the Coffman shelter house is on a sensor, and staff has elected to leave a
certain amount of light on for security purposes. Further, the pavilion is completely open
on the north elevation, so it is basically an unlockable structure by design.
Mr. Hansley assured the resident that staff will take all action necessary to find the
perpetrator of the vandalism as was done with the recent middle school vandalism. This
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DAYTON LEGAL BLANK CO FORM NO 10148
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activity will not be tolerated in Dublin. He asked that all citizens provide assistance to
City officials to identify those responsible for this damage.
~ Ted Saneholtz. 5775 Sells Mill Drive stated that at the March 1 Council meeting during
the discussion about the traffic problems on Sells Mill Drive, the residents were asked to
contact the PTO at Scottish Comers School. They did attend the PTO meeting on March
2 and received 11 additional signatures of support on the petition regarding the speeds on
Sells Mill. They also heard that the school crossing guards have concerns about the
speeding. A neighborhood meeting was held on March 30, and they have devised a
proposal regarding Sells Mill. The proposal consists of installing speed humps in the
school zone area - one west of Schoolcraft Drive and one at the old crosswalk on Sells
Mill Drive - and installing stop signs at Shady Nelms, Innisfree and Achill Drive. They
believe these measures will solve the speeding problem on their street. He has not heard
anything from the City officials other than from Mr. McCash.
Mayor Kranstuber asked if staff is doing a feasibility study on the stop sign installation.
Mr. Smith stated that a memo from legal staff was prepared for Council in regard to this
matter. The memo indicates that there has been some change in the law that would
permit stop signs to be used to control speed under certain circumstances, and with a
traffic engineering recommendation. Engineering was also asked to review some items
as a follow-up to the March 1 meeting.
,--. Mr. Helwig noted that staff would be willing to review the proposal made by the
residents in order to come back to Council with a specific response.
Council members noted that they have not received the legal memo on this matter.
Mayor Kranstuber asked if staff can review the residents' proposal for discussion at the
April 19 Council meeting.
Mr. Saneholtz stated that he will be out of town on April 19 and requested that this be
discussed at the May 3 Council meeting.
Lt. Epperson noted that he is participating in a city-wide committee on public education
on speed awareness, and media coverage ofthis campaign is just beginning. They will be
working with Dublin businesses and residents on this effort. A second speed trailer was
recently obtained, and staff resources are being directed to address the speeding problems
throughout the City. A citizen radar patrol program is also available for neighborhood
use.
Mayor Kranstuber stated that the Sells Mill residents' proposal will be scheduled for
discussion at the May 3 Council meeting.
r Tony Shoyat. 5767 Sells Mill Drive stated that he has addressed Council previously in
regard to the need for a noise ordinance in the City. He asked about the status of this
item. He recently read of a creative solution used in another community to address the
problem - the teen offenders were required to sit in a one-hour session and listen to music
that they did not like.
Ms. Hide Pittaluga noted out that a draft noise ordinance is scheduled for discussion at
the Public Services Committee meeting at 6 p.m. on Monday, April 26. The meeting will
be held in the Council conference room at City Hall.
Staff Comments
Mr. Helwig noted that two roadway design items were forwarded in the Council packet
and staffwill need direction from Council on these matters. The first item was brought
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DAYTON LEGAL BLANK co. FORM NO 10148
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up at the Southwest Traffic Task Force meeting last week, and Mr. Kindra has responded
with two alternatives for a turn-around on Wilcox just south of Woerner-Temple. These
have been reviewed with the Fire Department.
.-
Mayor Kranstuber noted that the task force meeting was very productive. The group
recommended the cul-de-sac option for Wilcox Road south of Woerner-Temple. He
moved approval of the task force recommendation.
Ms. Hide Pittaluga seconded the motion.
Mr. Smith noted that Council will need to amend the Thoroughfare Plan to make this
change. This ordinance should be advertised for the next Council meeting agenda.
Mrs. Boring noted that she has concerns about how this change will affect the businesses
in the area.
Mr. Hansley clarified that if the motion passes, staff will bring to Council the legislation
to make this change, i.e., appropriations and the Thoroughfare Plan amendment. The
motion effectively endorses the concept recommended by the task force.
Mrs. Boring noted that she had understood that this cul-de-sacing would be temporary,
and now a Thoroughfare Plan amendment is being proposed. The City has worked hard
to attract growth in commercial areas, and the residents across the City need to take their
fair share of related traffic. She would like more analysis prior to making this decision,
,........... especially if it is a permanent cul-de-sac and not temporary.
Mayor Kranstuber emphasized that this is not a temporary cul-de-sac.
Mr. Peterson stated that the context in which "temporary" was discussed was if future
infrastructure improvements in the area reduced the traffic in this area to the point where
the cul-de-sac was no longer necessary on Wilcox Road. This would be far in the future,
and so the "temporary" description is misleading.
Mrs. Boring stated that traffic modeling needs to be done to demonstrate the impact that
the closure of Wilcox at Woerner-Temple would have on other area roads and
neighborhoods.
Mr. Kindra stated that the scope of studies being authorized with the consultant will
address many of these issues. The input he received at the task force meeting was that the
residents want to implement this as a solution, and he was asked to give them a plan to do
so. He has given the information to the City's traffic consultant, Doyle Clear, and the
next task force meeting is set for April 20. Mr. Clear will be present at that meeting to
discuss these issues.
Mr. Hansley stated that the motion passed by Council at their last meeting was to have
the consultant identify a solution and work on it with the task force. Mr. Clear agrees
with the cul-de-sacing of Wilcox south of Woerner-Temple as an immediate solution to
the current problems. There was some discussion about it being temporary, but only if
something changes dramatically will the City ever consider reopening it.
Mayor Kranstuber noted that he understands Mrs. Boring's concerns, but commitments
were made in the past to the residents. While a past Council cannot bind a future
Council, the residents relied upon those commitments in making decisions about their
home purchase. The traffic problems are affecting the neighborhoods in the area.
The commitment made by a past City Council was to vacate Wilcox Road in the Heather
Glen area.
Mrs. Boring stated that the intent was not to vacate it, but rather to divert the traffic onto
Heather Glen Boulevard. She is also concerned with setting a precedent in regard to
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DAYTON LEGAL BLANK co. FORM NO. 10148
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addressing major transportation issues. In summary, she would like more traffic studies
before making a decision with such an impact on so many.
.--. Mayor Kranstuber read from the Southwest Plan adopting ordinance, "After these
extensions are complete, Wilcox will be abandoned between Enterprise Drive and
Heather Glen Boulevard after a final public hearing." He noted that the task force will
continue to study all of the proposed solutions to the traffic in the area.
Mr. McCash stated that this cul-de-sac was actually proposed by Doyle Clear in his
meeting with the residents. Mr. Clear's analysis showed that cul-de-sacing Wilcox south
of Woerner- Temple did not have a huge impact on traffic flow in the area, because traffic
is designed to be on Emerald Parkway, on Woerner-Temple and on Avery Road - not on
residential roads. Previous Councils approved rezonings based on the fact that Wilcox
would be quite different in the future. However, the Community Plan calls for Wilcox
Road to carry 17,000 cars a day, which is not tolerable by residents.
Mayor Kranstuber stated that the issue is not a traffic engineering issue, but rather a
quality of life issue. The road may be capable of carrying the traffic, but the issue is the
quality of life of the neighborhoods.
Mr. Peterson agreed. The residents in the area purchased their homes with certain
expectations based upon representations made by the City and developers. Wilcox Road
is a country road which was never intended to carry that amount of traffic. These are
~ legitimate concerns from people who purchased their homes in what was intended to be a
residential area which has changed significantly.
Mayor Kranstuber called the question.
Vote on the motion - Mr. Reiner, yes; Mr. Adamek, no; Mr. Peterson, yes; Mayor
Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, no; Ms. Hide Pittaluga, yes.
Mr. Helwig stated that staff is also seeking direction from Council regarding the memo in
response to a proposed underpass for SR 745 under 1-270 and Emerald Parkway bridge.
Mr. Reiner stated that in view ofthe cost and related budget impact, he does not envision
this as a high priority at this time.
Mrs. Boring commented that Council received a detailed letter from Randy Roth
regarding a similar proposal for SR 257 and Emerald Parkway.
Mrs. Boring moved to abandon the proposed concept for an underpass for SR 257 under
I-270 and Emerald Parkway bridge.
Ms. Hide Pittaluga seconded the motion.
V ote on the motion - Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr.
Peterson, yes; Mrs. Boring, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes.
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Emerald Parkway bridge.
Mr. McDaniel reported that:
1. There was a memo included in the packet regarding a proposal for relocating
certain City staff to the Farrell property. If Council has any questions or
comments, he asked that they contact him.
2. A memo was forwarded to Council from the Muscular Dystrophy Association
requesting waiver of the room rental fee for a fundraiser to be held at the CRC.
Mr. Adamek moved to waive the rental fees for the room at the CRC for the Muscular
Dystrophy fundraiser.
Discussion followed on whether these waivers will be addressed by policy or on a case by
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DAYTON LEGAL 8LANK CO.. FORM NO. 10148
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case basis.
Mr. Hansley noted that under the fee ordinance, staff must bring these waiver requests to
Council for consideration.
~
,
Ms. Hide Pittaluga seconded the motion.
Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr.
Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes.
3. In regard to the memo about the CRC Phase 2 construction, the target date for
completion remains as November 26, 1999, and the project is still within budget.
The potential expansion of the parking lot may impact the budget figures, and
staff will keep Council apprised of this.
4. In regard to the Avery Park vandalism, staff will be requesting appropriation of
funds on an emergency basis at the next meeting for the repairs. There was
significant damage to the rafters and they will need to be replaced.
Mr. Hansley added that both structures are fully insured and the City will be reimbursed,
but funds will first have to be appropriated to cover the costs of repair.
Mayor Kranstuber suggested that staff discuss the repairs/renovations with Jim Link of
DY A since there may be need for additional storage on the site.
Mr. Hansley stated that staff will meet with the DY A in regard to making the replacement
structure less combustible.
Ms. Clarke stated that a public input session for the southwest plan is scheduled on
- Monday, April 12. Apparently, some private developers have concerns about the plan
and they have sent notices about the meeting to every property owner in the southwest.
Staff has also scheduled a meeting for developers with Randall Arendt on Friday, April
16. The purpose of this meeting is to discuss the conservation design concept and how it
impacts subdivision layout. In discussion with the Law Director's office, she learned
that there is some concern about the timing of this session in relation to the public input
session on April 12. She would like feedback from Council on this item.
Mayor Kranstuber stated that he believes that the developers should attend the public
input session and testify. In this way, the residents and the developers will all hear the
same testimony and presentations.
Ms. Clarke noted that by the end of the plan process, assuming that the concept does in
fact have Council's support, staff believes there will be a substantial amount of education
that needs to take place on a proactive basis with the developers. For this reason, she
advocates having Randall Arendt convey the information to them and convince them that
it can be a profitable concept and has been in many other states.
Mayor Kranstuber reiterated that he doesn't support any special access to the consultants
for certain groups. To date, he has not heard any input from developers on the proposed
southwest plan.
r
I Mr. Reiner agreed that this concept will require education for developers and builders so
that they will understand it can be profitable for them.
Discussion continued.
Mr. Adamek suggested that staff proceed with the meeting on April 16 as scheduled as it
will serve as an opportunity for feedback from the development community. This will be
but one step in a series of public hearings on the proposal. The area landowners and
residents should also be notified of Mr. Arendt's workshop session.
It was the consensus of Council to proceed with the meetings as scheduled.
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LEGISLATION
INTRODUCTION & FIRST READING - ORDINANCES
Ordinance 32-99 - An Ordinance Accepting the Lowest/Best Bid for the Rings
,--. Road Improvements Project for the City of Dublin, Appropriating Funds, and
Declaring an Emergency.
Mayor Kranstuber introduced the ordinance.
Mr. Helwig stated that this project is in the five-year CIP. Bids were taken and the low
bid of $3,534,735.22 is recommended by staff. This project provides for the
improvement of Rings Road to a boulevard from just east of the 1-270 bridge to Frantz
Road. Staff is requesting passage by emergency as outlined in the ordinance.
Mayor Kranstuber moved to dispense with the public hearing and treat this as
emergency legislation.
Mr. Peterson seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mr: McCash, yes; Mrs. Boring, yes; Mr.
Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes
Vote on the Ordinance - Mr. Adamek, yes; Mr. Reiner, yes; Mr. McCash, yes; Mrs.
Boring, yes; Mr. Peterson, yes; Mayor Kranstuber, yes.
Ordinance 33-99 - An Ordinance Accepting the Lowest/Best Bid for the 1999
Landscape Improvements for SR 161/Frantz Road/Post Road for the City of
Dublin, Appropriating Funds, and Declaring an Emergency.
Mayor Kranstuber introduced the ordinance.
Mr. Helwig stated that the low bid for this project was $218,632.00. A diagram was
r-- included in the Council packet with details of the design. Staff is requesting emergency
action in order to have a large portion of the work completed this spring.
Mr. Adamek noted that at the northwest corner of Metro Place North, across from Max
and Erma's pond, there are several large, green utility boxes and no landscaping to
screen them. In view of the City's effort to beautify this intersection, can something be
done about this?
Mr. Helwig stated that staff will review this separately.
Mayor Kranstuber moved to dispense with the public hearing and treat this as
emergency legislation.
Mr. Reiner seconded the motion.
Mr. Kindra noted that they are in the process of obtaining the permit from ODOT for
the 161 portion, and some changes may be necessary. Staff will continue to work with
ODOT on this.
Vote on the motion - Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr.
McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes.
Mrs. Boring asked if the ordinance should be amended to ensure that the utility boxes
are screened.
Mr. Helwig responded that staff will ensure that it is done.
Mrs. Boring also noted that there was a recent case in Mayor's Court involving a stop
,- sign hidden by trees. She urged staff to take this into consideration with the
I
I landscaping work.
Vote on the Ordinance - Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mr. Peterson, yes;
Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes.
Ordinance 34-99 - An Ordinance Accepting the Lowest/Best Bid for Emerald
Parkway Median Maintenance.
Mayor Kranstuber introduced the ordinance.
Mr. Hansley stated there was a detailed memo from staff in the packet. Staff is
requesting that this be held over for asec?nd reading at the next meeting.
There will be a second reading/public hearing at the April 19 Council meeting.
Ordinance 35-99 - An Ordinance Accepting the Lowest and Best Bid for a
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DAYTON LEGAL BLANK CO., FORM NO. 10148
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Technical Package for the Dublin Community Recreation Center Phase II.
Mr. Adamek introduced the ordinance.
Mr. Hansley stated that there was a memo from Mr. McDaniel in the packet. Staff is
~ recommending the low bid, and that this be held over for second reading at the next
meeting.
There will be a second reading/public hearing at the April 19 Council meeting.
Ordinance 36-99 - An Ordinance Amending the Annual Appropriations Ordinance
for the Fiscal Year Ending December 31, 1999.
Mayor Kranstuber introduced the ordinance.
Mr. Hansley stated that a memo from Ms. Grigsby was included in the packet. Staff is
requesting that Council dispense with the public hearing and approve this ordinance
tonight.
Mr. Adamek asked for clarification about Sections 1 and 4 and whether the City is
paying for the cost overruns for the Coffman widening project.
Ms. Grigsby stated that some of the initial estimates were based on a lower amount of
materials than the actual quantities used.
Mr. McCash stated that, generally, construction documents provide for quantity take-
offs and fields surveys, and the bids are based upon that.
Mr. Kindra stated that the highway projects are unit price contracts. The design of this
project was problematic, and it was contracted prior to his joining the City in 1992.
-.. Staff worked through the problems as ,best they could. There were many factors
involved in the increased costs, i.e., not enough soil boring made for the trench
excavation, lots of rock at the northern end, and the fact that the asphalt was measured
by square yard instead of by ton. These necessitated many change orders.
Mr. Adamek moved to dispense with the public hearing.
Ms. Hide Pittaluga seconded the motion.
Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor
Kranstuber, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes.
Vote on the Ordinance - Mr. Adamek, yes; Mr. McCash, yes; Mr. Reiner, yes; Ms.
Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Boring, yes.
Mayor Kranstuber asked Council members how they would like to proceed regarding
Ordinances 37-99 through 40-99.
After brief discussion, it was the consensus of Council to introduce the four ordinances
tonight and schedule a public hearing/second reading at a Committee of the Whole
meeting on Monday, May 10 at 7 p.m. in Council Chambers. At that time, presentations
will be made by the Planning division and by Legal staff, and public testimony will be
taken.
Ordinance 37-99 - An Ordinance Implementing an Interim Density Moratorium on
,-- Commercial Office Space on Freeway Frontage Land.
l Ordinance 38-99 - An Ordinance Modifying the Current Lot Coverage Ordinance
i in Commercial Areas.
Ordinance 39-99 - An Ordinance Amending and Enlarging the Duties of the
Planning and Zoning Commission to Include Hearing and Deciding Variance
Requests for Property Located Within Planned Districts.
Ordinance 40-99 - An Ordinance Amending the General Development Standards to
Provide for a Two Hundred (200) Foot Minimum Setback Requirement on All
Property Adjoining "Scenic Roadways" as Defined in the Community Plan.
Mayor Kranstuber introduced Ordinance 37-99,38-99,39-99 and 40-99 and moved
referral to a Council Committee of the Whole for public hearing on May 10, 1999.
Mr. Reiner seconded the motion.
Vote on the motion - Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes;
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DAYTON LEGAL BLANK CO.. FORM NO. 10148
ReIn April 5, 1999 19
Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Reiner, yes.
INTRODUCTION & PUBLIC HEARING - RESOLUTIONS
r Resolution 23-99 - A Resolution Appointing Members to Boards and Commissions
, for the City of Dublin.
Mayor Kranstuber introduced the resolution.
Vote on the Resolution - Mrs. Boring, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes;
Mr. Reiner, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes.
Resolution 24-99 - A Resolution Authorizing the City Manager to Execute an
Agreement with Ashland Oil, Inc. for the Dedication of Right-of-Way for the Rings
Road Improvement Project.
Mayor Kranstuber introduced the resolution.
Mr. Helwig stated that as part of the Rings Road improvement project awarded tonight,
staff has been working with the property owners involved. They met with Ashland
Chemical and reviewed their master plan through the year 2020. It did not call for
access onto Rings Road. However, during negotiations for the acreage needed to
improve Rings Road, Ashland noted that in their Year 2040 plan, two access points for
Rings Road are mentioned. They indicated that this could happen sooner than 2040. As
a follow-up to that discussion, Legal staff recommended that a resolution be drafted to
approve in concept an agreement which expresses the best intent of the current Council
to comply with Ashland's future wishes for up to two curb cuts - one would be right-in,
right-out and the other would be signalized. If they are determined to be needed at a
r--' later date, they would need to be aligned with the present curb cuts on the south side of
Rings Road.
Mr. McCash asked if staff has an appraisal value of the 3.35 acres of land needed for
this access.
Mr. Smith responded that the City's appraisal was approximately $300,000. Ashland's
appraisal is somewhere between $400,000 to $600,000.
Mr. McCash noted that in reading the document, it calls for Ashland to donate the land
while the City will pay for signalization, construction of curb cuts, relocation of trees
plus landscaping. Are projected costs available?
Mr. Smith responded that staff is recommending approval of the resolution because of
the present value of the money for the land acquisition versus a future cost for curb cuts
which may not be needed.
Mr. McCash suggested that a better alternative would be for the City for pay the
$300,000 now for land right-of-way and address the other incentives in the future.
Mr. Smith stated that the appraised values are quite different, and staff believes the
agreement is in the City's best interests.
,.-....
Mr. Hansley stated that staff worked on this mutually acceptable agreement in order to
proceed with the Rings Road widening this season. In the quick take process for a
roadway project, the City would have to post Ashland's estimate with the courts until it
was resolved. Council's direction to staff has been to resolve issues where possible
without using eminent domain.
Mr. Helwig added that one of the curb cuts mayor may not be needed. The City is
trying to accommodate an important business in the community while proceeding with
an important roadway project.
Discussion continued.
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DAYTON LEGAL BLANK co., FORM NO 10148
Heln April 5, 1999 19
Mrs. Boring commented that the agreement does not include language that it is subject
to Council approval. There has been discussion in conjunction with the Duke projects
of minimizing curb cuts on Rings Road, but in this case, there is no approval required
-- from the City Engineer nor a traffic study requirement. She is not certain that the costs
for the land acquisition warrant entering into this agreement.
Mr. Hansley stated that staff has made their recommendation, but Council can choose
to direct staff to do a take for this needed right-of-way. He clarified that the agreement
is with Ashland; if they sell their land, the agreement is null and void.
Discussion continued.
Mr. McCash expressed concern that Council is being asked to approve by resolution a
contract which will bind a future Council to spend money for signalization, curb cut
construction, landscaping, etc.
Mr. Smith stated that the intent of this agreement is basically to "settle" an
appropriation case which has not yet been filed. Ashland will give the City the land
which is valued at somewhere between $300-600,000, and at some point in the future,
Ashland may want a curb cut in exchange. The engineering approvals for such a
project will be required at that time. Ashland has had a presence in Dublin for 25
years, and this is the proposal agreed upon by their corporate office representatives.
...- Mr. Hansley stated that under Ohio law, a Council cannot technically bind a future
Council. If there is disagreement in the future about this commitment, it will have to
be resolved by a future Council. Ashland is satisfied with the intent expressed in this
gentlemen's agreement which they will likely use as a tool for future negotiations for
these improvements.
Discussion continued.
Mayor Kranstuber called the question.
Vote on the Resolution - Mr. Adamek, yes; Mr. McCash, no; Mr. Reiner, yes; Mayor
Kranstuber, yes; Mr. Peterson, yes; Mrs. Boring, no; Ms. Hide Pittaluga, yes.
OTHER
Review of Council Committee Assignments
Mr. Adamek asked that each Committee Chair give a brief description of items on the
assignment list and their status. Council can then determine whether an item should be
deleted or left on the list.
Mrs. Boring, Administrative Committee Chair stated that:
1. Council needs to schedule time in the near future for the City Manager's
performance review.
2. The policy manual item was a project that Ms. Crandall was working on with
- Ms. Stillwell.
Following discussion, it was the consensus of Council that this should be removed from
the Committee assignment list at this time. This proposal has merit, but is not a
priority at this time.
Mayor Kranstuber moved to delete "Develop Council Policy Manual" from the list.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes;
Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes.
3. Mrs. Boring stated that Council has now completed the work on board and
commission restructuring. Is this review of rules and regulations a separate
item?
The Clerk noted that this item was an overall review of rules for various boards and
commissions which the Committee was to work on with the Law Director.
Mayor Kranstuber moved to delete this item from the list.
Mr. McCash seconded the motion.
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DAYTON LEGAL BLANK CO.. FORM NO. 10'48
Heln April 5, 1999 19
Vote on the motion - Mr. Peterson, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes;
Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Adamek, yes.
4. The ethics policy item is currently under review and should remain on the list.
~, 5. The next item is development of a policy for "citizen involvement or at what
point should this occur in a project design process. "
Mr. Adamek recalled that this item relates to roadway projects and the need to have
public input at an early stage prior to expenditure of funds on design. He believes this
item should remain on the list for committee work.
It was the consensus of Council that this item remain on the list.
6. The next item is "work with staff to develop policies and procedures for
roadway project development" which is essentially the same item and should be
combined with that one.
7. The Committee is working on the review of the compensation for the Clerk of
Council and this should remain on the assignment list.
Mr. Reiner, Community Development Chair reviewed the Committee's list:
1. The first item on the list is "development of a policy regarding payment when
waivers are granted for street trees, sidewalks, and storm water detention." He
asked for clarification as this item pre-dates his joining Council.
Ms. Clarke explained that Council Member King had proposed that when a Code
requirement is waived by Council for a developer, i. e. a sidewalk or street tree, etc., a
contribution is made to the City either in cash or in trees planted in another area.
Discussion followed.
Mr. Reiner suggested that an ordinance be drafted to implement this policy.
Mr. McCash stated that he recalls that the Committee met on this matter and the Law
Department prepared a memo.
-- Mr. Smith explained that their recommendation is that this be dealt with on a case by
case basis rather than by an ordinance. Waivers would be dealt with in the PUD
negotiating process.
Mr. Reiner stated that this should take place at the Planning Commission level.
Mrs. Boring stated that Planning Commission would need a policy established by
Council on this matter.
Discussion followed.
Mayor Kranstuber suggested policy language such as if a waiver is granted, the
developer shall make compensation or provide something of value in exchange for a
waiver.
Mr. Adamek summarized that the consensus of Council seems to be to keep this item in
committee for further work on the language.
2. The next Committee item is to "establish a design review board."
Mr. McCash stated that a subcommittee of Planning and Zoning is currently working
on this.
It was the consensus of Council to leave this item on the list.
3. The next item is to "examine ways to work with townships on zonings, land
use, and green space issues."
Mr. Reiner noted that this item was a goal set by Council for 2000, so it should be left
on the list.
4. The next item is "policy regarding street lighting height. "
Mr. McCash stated that the Committee had previously discussed light and darkness
ratios, and his recollection is that staff was to bring more information to the Committee
l"""""" about variations and whether there should be different standards for residential streets,
collector streets and major arterials. Consideration was also to be given to adjusting
the height of street lighting.
Mr. Kindra stated that discussion has taken place several times on this item, but no
clear direction was established. He suggests having a consultant do a study, and
believes funding for this was proposed last year but not approved.
Mr. Hansley added that the issue is whether Council wants decorative lighting, similar
to that in Muirfield, or street lighting designed to enhance safety and traffic flow. The
current policy is that Council wants non-decorative, utility-type, functional lighting.
Discussion has taken place about having different standards for corporate office parks
and residential neighborhoods. Staff suggests leaving this item on the list for further
discussion and direction.
It was the consensus of Council to leave this on the list.
5. The next item is "driveway code revisions."
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DAYTON LEGAL BLANK CO.. FORM NO. 10148
Heln April 5, 1999 19
Mr. McCash explained that this is from 1996. There was some discussion on this,
staff made some revisions, but nothing has been brought to Planning Commission or
Community Development Committee for further review.
,-.., Mr. Kindra added that when the ordinance was presented to Council, it was not
supported by Council. Since that time, he spoke with Mr. McCash about some of the
issues. It has not been apriority, especially in view of the staffing level at this time.
Mayor Kranstuber directed that this item be left on the list for the present.
6. The last item is the southwest planning effort, and that is in process and should
be left on the list.
Mr. Adamek, Finance Committee Chair noted the only item on their list is to "identify
financial incentives for Old Dublin to encourage property owners to maintain
properties." This item is from March of 1997.
Ms. Grigsby explained that the policy direction was given to staff to develop a loan
program, but the final legislation has never been presented. There has been little
interest in such a loan program. Staff is willing to proceed if that is the desire of
Council.
Mr. Adamek suggested that the Committee continue to work with staff on this program
so that it would be available for business owners in Old Dublin.
Ms. Hide Pittaluga, Public Services Chair noted:
1. The first item is a "policy regarding stree.t lighting in existing neighborhoods. "
Mr. McCash explained that this relates to providing street lighting in existing
residential neighborhoods; the Community Development item relates to the design
standards of lighting for neighborhoods.
Ms. Hide Pittaluga suggested that these two assignments be combined and assigned to
-- Community Development.
It was the consensus of Council that this be assigned to the Community Development
Committee.
2. The next item is a "policy for school safety zone improvements."
Mrs. Boring stated that she understood that the City has a policy in place.
Mr. McCash stated that the issue was whether or not the City would provide school
flashing lights for non-public schools.
Mr. Adamek stated that the issue comes before Council in the form of appropriations
for such projects.
Mayor Kranstuber moved to eliminate this item from the list.
Ms. Hide Pittaluga seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes;
Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Peterson, yes.
3. The next item is a "policy regarding traffic calming measures in
neighborhoods. "
Ms. Hide Pittaluga asked if Council would like a city-wide policy for this.
Mayor Kranstuber stated that the Waterford speed humps were an experimental
measure, and the thought was that criteria and a policy for .traffic calming could be
developed based on that experiment.
Mr. McCash stated that the Transportation Task Force did draft a policy on this matter,
but it did not address all of the differep.t alternatives.
Ms. Hide Pittaluga stated she would like further input from the Police division, the Law
Department and the Engineering division about whether such a city-wide policy is
- feasible as opposed to a case by case review.
Mr. Hansley stated that the City of Columbus has adopted a policy regarding speed
control in neighborhoods, and they have an office which monitors the process.
Ms. Hide Pittaluga suggested that they obtain a copy of the Columbus policy.
Mayor Kranstuber suggested assigning this to the new Community Services Advisory
Commission.
Ms. Hide Pittaluga agreed.
It was the consensus of Council that the item would remain on this Committee list but
would be referred to the Community Services Advisory Commission for study and
report back to the Committee.
Mayor Kranstuber moved to refer this item to the Community Services Advisory
Commission.
Ms. Hide Pittaluga seconded the motion.
Vote on the motion - Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga,
yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. Adamek, yes.
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DAYTON LEGAL BLANK CO.. FORM NO. 10148
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,
4. The draft noise ordinance has been scheduled for review at a Committee
meeting on Monday, April 26.
5. The next item is the "membership composition of Dublin Soccer League Select
,--.., teams."
Mayor Kranstuber explained that this was a policy matter he brought up at a previous
Council meeting.
Ms. Hide Pittaluga stated that she doesn't see any need to keep this on the list and
moved to eliminate the item.
Mayor Kranstuber seconded the motion.
Vote on the motion - Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga,
yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. Adamek, yes.
Mayor Kranstuber asked about the status of ad hoc committees and whether there is a
need to continue these.
Ms. Hide Pittaluga stated that she will be bringing something to Council in a couple of
weeks that may be appropriate for referral to the Technology Committee.
The existing ad hoc committees were left in place.
Discussion of Policies Regarding Anti-Nepotism. Fraternization. Elections and Ethics
Mayor Kranstuber stated that each ofthese will be discussed separately. He asked the
Law Director to provide an overview.
Mr. Smith noted that Jennifer Duty of Schottenstein, Zox and Dunn, who researched
these matters, is present tonight.
Anti-Nepotism
Mr. Smith stated that Council can direct that the City adopt an anti-nepotism ordinance
- which would address things such as hiring persons related to current employees. The
City can do this under the home rule provisions of the Charter. However, during his 20
plus years with the City, he has not seen any problem arise with this. All of the City's
hiring policies are controlled through Administrative Orders and through union
negotiations, and the union would be a factor in adopting such a policy. Legally, he sees
no need for such a policy, but Council can adopt one if they desire to do so.
Mayor Kranstuber asked if this would prohibit a husband and wife from both working for
the City.
Mr. Smith responded that it would.
Ms. Hide Pittaluga asked what would be the compelling argument for adopting such a
policy. If qualified people are hired to work in different departments, she doesn't see a
problem. Potentially, talented people could be precluded from working for the City.
Mr. Hansley commented that, normally, such legislation would be considered to address a
problem, i.e., an issue with constant hiring of relatives and poor work performance. The
Ohio Ethics Law already addresses this issue in terms of the chief executive officer. Ms.
Grigsby would have the same issue as she would authorize the paychecks. There is a
case in Ohio related to not hiring a relative who was qualified for the position where the
City lost a lawsuit. Over the last 15 to 20 years, there has been a movement to repeal
anti-nepotism laws, but some Charter cities have chosen to leave them in place. He
.- suggested that if Council does approve this, that an exception be included for hiring a
uniquely qualified individual, related to a present employee, that could not be found
otherwise in the marketplace.
Mayor Kranstuber asked Mr. Cline and Ms. Reiss about their preference for testifying at
this time or at the end of the discussion of the four policies.
Mr. Cline stated he plans to address campaign finances only.
Ms. Reiss stated she would prefer to address all of the issues at one time.
Fraternization
Mayor Kranstuber asked the Law Director to define this in the context of the draft policy.
Mr. Smith responded that this policy would address "dating" which itself would have to
be defined in society's frame of reference. Dublin now has over 500 employees working
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DAYTON LEGAL BLANK CO.. FORM NO. 10148
Hel 19
in various locations, and many employees likely socialize with each other. Staff believes
that sexual harassment issues are adequately addressed in the law and through the
existing Administrative Orders, and management staffhas been trained in awareness and
~ prevention of these problems. A separate issue with fraternization is undue influence that
a dating relationship could have on pay raises or promotions. Staff believes that policies
to prevent fraternization would be problematic and that they are unnecessary at this time.
Mr. Hansley added that this would have to be negotiated through the union contracts as
well. He agreed that there is no need for such a policy at this time. Council could give
further consideration to this if the need would arise in the future.
Mrs. Boring stated that it is easier to discuss this when it's not in response to a specific
problem. If may need to be revisited as the City grows. She asked how a situation would
be handled where a supervisor is dating a direct report.
Mr. Hansley responded that if it is not consensual, it could potentially be a sexual
harassment situation and addressed through existing policies. If it is a consensual
relationship, and the supervisor has control over pay raises, evaluations or promotions,
the City would likely transfer one or the other to another assignment. Under the
guidelines of the existing A.O. 's, the direct conflict this would cause could also result in
requesting their resignations.
Ms. Hide Pittaluga stated that the sexual harassment laws are far-reaching, and adding
provisions beyond that would not be productive. Even if a relationship is consensual, a
sexual harassment situation could arise.
- Mayor Kranstuber noted that the issue is one of someone higher up in the chain of
command having influence over the pay raises and promotions of someone with whom
he/shares a relationship. Perhaps an updated Administrative Order would be the best way
to address this, requiring a transfer of an employee or termination in this situation.
Campaign Financing
Mr. Smith stated that Council has considerable discretion under the Charter over
campaign contributions, but the other factor involved in this type of legislation would be
first amendment rights. He explained that if Council adopts an ordinance requiring that
campaign contributions for Dublin City Council candidates come solely from Dublin
residents and a candidate's relatives who would like to donate to his campaign live
outside of Dublin, they would likely find a way around this, i.e., loaning money to the
candidate who would report it as his own. Under the first amendment, a candidate has the
right to spend what they want from their own funds or those that they borrow. Another
issue raised was to require campaign finance reporting on dates that differ from those
under state requirements, and that can be done. Council can pass an ordinance requiring
that the campaign contributions reports be published in the local newspapers at City cost,
to ensure that it is published.
Mayor Kranstuber asked for further clarification regarding the restriction of campaign
contributions to Dublin residents only.
Mr. Peterson stated that the Law Director's memo states that this matter is reviewed in
the context of the most stringent Supreme Court standard because of its infringement on a
constitutional right. There must be a compelling interest narrowly drawn to satisfy that
interest.
Ms. Duty agreed that it would be very difficult to draft an ordinance placing limitations
on individual contributions because ofthe first right amendment rights involved. There is
some additional flexibility for corporate and political organizations because the first
amendment protections aren't quite as strong in these cases. Much thought would need to
be given to the justification clause.
Mr. McCash stated that it could be a mfltter of undue influence and potential outside
corruption from individuals outside of Dublin.
Mr. Peterson stated that this is an issue that should be decided at the ballot box. The
suggested approach could be construed as the City substituting the individual voter's
right to decide.
Ilh)clW:f:.i~iih:lq I
RECORD OF PROCEEDINGS
Minutes of Meeting
Dublin City CU,Ullcil Mt:diug Pagt: 14
I DAYTON LEGAL BLANK CO., FORM NO. 10148
Heln April :'5, 1999 19
Mayor Kranstuber stated that he believes the issue is whether Council candidates will
take ~ontributions froI? D~blin residents, developers, land owners, and business owners,
- or w111 they ~ake contnb.ut1~ns fr~m people ~utside of Dublin. It seems the money from
sources 0~ts1~e of DublIn, 1.~., fri~nds, relatIves, etc. would have less influence on voting
~hat contnbutlOns from DublIn res1dents who want candidates to vote a certain way on
1ssues.
Mrs. Boring asked ifthe amount per contribution can be limited.
Ms. Duty responded that this can be done. In regard to the undue influence issue that is
exactly the grounds upon which the Ullited States Supreme Court has upheld individual
contribution limits. However, they have not gone so far as to uphold complete
curtailment of an individual's right to contribute.
Ms. Hide Pittaluga commented that she can understand the concern about undue
influence, but in this community, the developers are probably the main special interest
group that could stand to benefit from the decisions made by Council.
Mayor Kranstuber stated that the important issues here are first amendment rights and
disclosure requirements. A candidate has the right to take contributions from anyone -
the issue is disclosing to the voters the source of those contributions.
Mr. Hansley agreed. Under the constitution, citizens have the right to support the
candidate of their choice.
Mrs. Boring suggested that Council give further consideration to limiting campaign
contributions by an individual so that one person cannot finance their special interest
~ candidate for $10,000.
I
Mr. Peterson suggested that if the goal is disclosure prior to the campaign, perhaps
Council could require that 90 percent of the campaign donations be disclosed at the first
filing date, and that the second filing date is more of a report which includes expenses.
Under the current law, candidates can delay accepting contributions until after the first
report filing deadline which defeats the purpose of disclosure requirements.
Mr. Reiner suggested that the language state that two weeks prior to the campaign, no
more contributions could be accepted. In this way, all of the contributions could be
disclosed in the newspaper report.
Mr. Smith stated that this type of restriction could be considered a first amendment rights
infringement. The State of Ohio has strict campaign laws and a vigilant election
commission. Dublin can certainly pass an ordinance that mirrors the state law and set up
enforcement policies, but he believes that the important issues are all addressed in the
state ethics laws. The Ohio Ethics Commission handles violations of this nature and does
thorough investigations of complaints.
Mayor Kranstuber invited citizen comment at this time.
Chris. Cline, 6060 Post Road noted that while his main focus is campaign financing, he
would like to offer input on the fraternization issue based on his background in the
- military with this issue. There are three basic levels of misbehavior on the job: crimes of
I
rape or sexual imposition; sexual harassment; and at the lowest level, what is termed in
the military as " inappropriate relationships." The damage in an inappropriate
relationship between a supervisor and an employee is to the organization as a whole in
terms of how it affects the other employees. There could be a perception on the part of
the other employees that there is a benefit or a special treatment given due to the
relationship. A large organization such as the City of Dublin does need policies to
address these issues which are really inappropriate relationships in the chain of command.
The main issue he wants to address is campaign finance. There is a long-standing
tradition of non-partisan leadership in Dublin. The town has chosen its leaders based
upon their past demonstrated service to the community and their ability to serve the
community. Partisan politics leads to the concern that influence comes from outside of
the bench where the decisions are made. Mr. Smith's memo is very persuasive in regard
to the difficulty oflimiting the source of the contributions. It is possible to limit the
amount of individual contributions, but not the overall amount spent for the campaign.
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RECORD OF PROCEEDINGS
Minutes of Meeting
Dublin City COluie-il Meetillg Fag\; 15
DA'YrON LEGAL BLANK co., FORM NO. 10148
HeM April 5, 1999 19
He b.elieves that the ar~a .for cOJ?-centration is on disclosure - tailoring the disclosure
requ~ren:ents for DublIn m part1cular. A critical factor would be to consider the
publIcatIOn dates of local newspapers within the requirements for disclosure. In order to
- encourage that ~ultivation an~ reward for public service to the community, Dublin needs
to have some d1sclo~ure requ~remeJ?-ts regarding the source of the requirements, and
whether that person 1S a Dublm res1dent or not. The key to this is having the City do the
publication to ensure its full content and accuracy.
Mr. Hansley asked for clarification of the existing problem which will be addressed by
this new ordinance.
Mr. Cline stated that the issue is one of holding onto a non-partisan tradition of
community leadership in Dublin.
Mr. Hansley stated that the existing City Charter requires that elections are non-partisan.
Mr. Cline stated that the issue is "getting the right kind of people on City Council." In
his opinion, those should be people who have proven themselves in the community, that
have a depth in the community and people in this community that know them and trust
them. The way to accomplish this is to require disclosure of where their contributions
came from in order to understand their support base for the Council seat.
Discussion continued.
Mr. Peterson emphasized that while this may be the variable that matters most to Mr.
Cline, he is but one voter. Another voter may have a different opinion and may choose to
~ vote differently.
Mayor Kranstuber stated that he is hearing a desire for more disclosure, but recognition
ofthe difficulty in limiting contributions from outside of Dublin.
Mayor Kranstuber asked if there is support for limitation ,on the amount of contributions.
Mr. Cline states that he supports a limitation of $1 00.
Ruth Reiss. 7733 Heatherwood Lane thanked Mr. Smith for providing her with the legal
memos in a timely fashion. She emphasized that the intent of adopting legislation now is
to address it when problems don't exist rather than waiting until a specific issue arises.
1. Regarding fraternization and anti-nepotism, she echoes Mr. Cline's comments that
these types of things can lead to demoralization within an organization, possible
increased turnover, which could adversely impact an organization which draws
from a small qualified labor pool. The anti-nepotism policy was intended to
prevent relatives working within the same chain of command in an organization
where influence over promotions, pay raises and assignments could result. Some
ofthe Administrative Policies are very good, but it would be desirable to take
those one step further and codify them.
2. Regarding campaign finance reform, it is imperative that candidates and elected
officials avoid corruption, undue influence or the appearance of these. Similar to
what happens with fraternization or anti-nepotism, the perception of corruption or
undue influence affects the voters. The result is that the public is skeptical,
- apathetic, and there is low voter turn-out.
3. Regarding ethics, she doesn't believe that the specific issues covered in the
Phoenix code are completely covered in the Ohio Revised Code.
Mr. Smith suggested that instead of a discussion about the 20 or more issues related to an
ethics code, perhaps Ms. Duty can contact Ms. Reiss to discuss them.
Ms. Reiss noted that the one point lacking in the ORC that the Phoenix ethics code did
address was that the provisions apply to appointed officials, not only to elected officials.
They don't want to see undue influence impacting the decisions of bodies such as P&Z or
BZA.
Mr. Smith noted that there is case law interpreting that which will be provided to Council.
Ms. Reiss noted that she agrees with Mr. Cline that a separate ordinance should address
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RECORD OF PROCEEDINGS
Minutes of Meeting
Dublin City Cuun~il Mt:t:Lillg Pagt: 16
DAYTON LEGAL BLANK CO., i-ORM NO. 10148
Heln April 5, 1999 19
contributions and. disclosure ~f insid~ and outside Dublin contributors. She explained
tha~ pe~ple who lIve or .work m DublIn have a vested interest in the long term impact of
leg1slatlOn. Those outs1de of Dublin do not. Their interest would be of a different sort.
-
Discussion continued.
Mayor Kranstuber moved to direct staff to prepare an ordinance which includes
disclo,sure issues, publication, limitation of campaign finances, and limitation of location
ofres1dency of the contributors.
Ms. Duty suggested that the residency requirement be a separate ordinance so that if it is
challenged, the other portions are not struck down.
Ms. Hide Pittaluga suggested that separate ordinances be prepared for each item.
Mr. Adamek agreed.
Mayor Kranstuber moved that staff prepare all ordinance regarding disclosure and
publication of campaign finances.
Mr. McCash seconded the motion.
Vote on the motion - Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr.
Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes.
Mayor Kranstuber moved to prepare an ordinance limiting individual contributions to
Council campaigns to $100.
Brief discussion followed regarding the amount of the limit.
Mr. McCash seconded the motion.
Vote on the motion - Mr. Peterson, yes; Mr. Adamek, no; Mrs. Boring, yes; Mayor
- Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, no; Ms. Hide Pittaluga, no.
Mayor Kranstuber moved to prepare an ordinance to limit the origin of campaign
contributions to Dublin residents only.
Mr. McCash suggests modifying that to Dublin residents, businesses, and relatives,
depending upon how they are defined.
Mayor Kranstuber withdrew his motion.
Mr. McCash moved to have staff prepare an ordinance that would limit campaign
contributions to Dublin residents and businesses, and immediate family members of
candidates.
Mr. Reiner seconded the motion.
Ms. Reiss asked how a Dublin business will be defined.
Mr. Smith responded that this is one of the bases upon which the court would strike this
down.
Mr. Hansley suggested that, at some point in the future, discussion take place about
exactly what is the compelling reason for this ordinance so that it can be part of the
record.
Mr. McCash amended his motion to delete "and businesses".
Mr. Peterson asked for clarification: If this body acts in a way that is advised to be
unconstitutional by the Law Director, wouldn't the members then be waiving potentially
,,-... their qualified immunity as City Council members?
Mr. Smith responded that this is correct. But in this case, Council members would not be
sued personally if someone files a motion to have this ordinance declared
unconstitutional in the Court of Common Pleas. If a compelling reason cannot be
produced, it will be struck down. This is a first amendment issue.
Mr. Adamek stated that this is an exercise in futility and staff time should not be spent on
this.
Mayor Kranstuber called the question.
Vote on the motion - Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mrs.
Boring, no; Mr. Adamek, no; Mr. Peterson, no; Ms. Hide Pittaluga, no.
Mayor Kranstuber announced that the motion was defeated.
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DAYTON LEGAL BLANK CO.. FORM NO. 10148
Heln ~A_pril 5, 1999 19
Mayor Kranstuber commented that he envisions the fraternization and anti-nepotism
issues within the chain of command as issues which could be addressed together.
Mr. Smith suggested that before an ordinance is prepared that staff draft a more specific
Administrative Order to address the concerns.
Mr. Cline suggested that the City Manager promulgate policies addressing nepotism,
fraternization and relationships within the work force. These would then be subject to
review by Council on an annual basis which would provide flexibility as new issues arise.
He emphasized that the concern is the perception of favoritism in such situations.
Mr. Smith added that the impact on the three negotiated contracts would also have to be
considered.
Mayor Kranstuber moved to prepare an ordin.ance dealing with the issue of inappropriate
relationships in the chain of command.
Following brief discussion, Mayor Kranstuber withdrew his motion and instead moved to
direct staff to create an Administrative Order to deal with inappropriate relationships and
chain of command issues.
Ms. Hide Pittaluga seconded the motion.
Vote on the motion - Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mrs.
Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes.
Mayor Kranstuber moved to direct staff to create an Administrative Order to deal with
anti-nepotism in the chain of command.
"",..-. Discussion followed about whether to amend the prior motion to include anti-nepotism.
Mayor Kranstuber amended his previous motion to include the issue of anti-nepotism.
Ms. Hide Pittaluga seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mr.
Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, no.
Mayor Kranstuber stated that in regard to the ethics policy, Legal staffwill continue their
reV1ew.
Mrs. Boring stated that she still supports Dublin adopting its own Ethics Law and
publishing a handbook. She would also. prefer having a method of enforcement outside
of the Ohio Ethics Commission.
She suggested that Dublin adopt its own Ethics Law and publish a handbook.
Discussion followed on how this would be enforced.
Mr. Smith responded that local citizens would have to be appointed to serve on a Dublin
Ethics Committee and the matter would be handled locally. He would like more time to
study this before bringing something back to Council.
Ms. Reiss asked by what process the public could bring a matter to Council in regard to a
Council member's violation of an ethics law.
Mr. Smith responded that the citizen could contact their Council ward representative or
another member about the violation and request that they bring this to Council's
attention.
Mr. Hansley added that such an allegation can be brought to Council's attention at a
public meeting ifthe citizen desires to do so.
Mayor Kranstuber asked Mr. Smith to continue to work on this issue.
Ms. Duty responded to Ms. Reiss's inquiry of whether appointed officials are covered by
the Ohio Ethics Law. In ORC Section 102.01, a public official is defined as any person
elected or appointed.
Ms. Reiss asked about disclosure requirements then for appointed officials.
Mr. Smith responded that the disclosure requirements are for those elected or appointed
officials earning a threshold amount. He believes it is $5,000.
Mr. Hansley stated that if it is the desire of Council, a local policy could require financial
disclosure for those appointed officials as well.
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DAYTON LEGAL BLANK CO.. FORM NO. 10148
Heln ..1~pril 5, 1999 19
Mrs. Boring stated that she would like to raise an issue regarding campaign signage. A
staff person relayed to her that some communities require that those posting election
signs file an application and post a bond so that the signs are promptly removed after the
,- campaign. The form would require the name and phone number of the person
responsible for removing the signage.
Mayor Kranstuber suggested limiting election signage to a shorter time period. He
believes that Upper Arlington has a more restrictive time limit on signage.
Mr. Smith stated that there could be a potential issue of infringing on freedom of speech,
depending upon how this is designed.
Mrs. Boring moved to have staff prepare an ordinance requiring that a bond of $250 and
an application form be required for those installing political signs for all elections.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. McCash, no; Mr. Reiner, yes; Ms. Hide Pittaluga, no; Mrs.
Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes.
Council Committee Reports/Council Round Table
Mr. Peterson asked ifthe intersection at A very/Muirfield and Post will be permanently
signalized.
Mr. Helwig responded that Council had directed that a temporary signal be installed at
this intersection. There has been no decision on installing a permanent signal at this
location until further analysis is done.
Mr. Hansley added that the reason that this was temporary was the issue of de-
emphasizing Post Road, and the concern that a permanent signal installation would
r-. preclude future options.
Ms. Hide Pittaluga reported:
1. She will be out of town from April 20 through April 25.
2. Thank you to staff for the response on the stormwater management issues for the
Bright Road area. She encourages staffto continue to explore opportunities for
outside funding.
3. In regard to the Sawmill and Bright Road project, she has had calls about the
appearance and the status ofthe landscaping for that project. She asked that staff
check into this.
4. At the recent NLC meeting, she became aware of a "communication" problem
betweenTexans and "Yankees", so she will distribute tips for understanding the
Texas "drawl" tonight and in the coming weeks!
Mr. McCash noted that, as reported in The Dublin News last week, he has considerable
concerns with inducement issues, and in essence giving away tax money "for investment
or other reasons" to various businesses. He continually hears from residents the concern
that the City is not doing anything to lower their taxes or to provide them some sort of
inducement or dividend for being a resident of Dublin who deals with the traffic, the road
closures, etc. Based on projections, the City is taking in twice as much money as any
other suburb, and while the City is spending a lot of money on road improvements, etc.,
he would like to come up with a method of somehow providing an inducement, dividend
or tax rebate to the residents of Dublin - in essence, sharing the City's wealth. The state
r-, has done that with lowering taxes. He proposes that, from a concept standpoint, the City
f rebate or simply not collect the percentage of property taxes that Dublin residents pay on
an annual basis as an inducement/dividend to those residents.
He moved that this matter be referred to Finance Committee to work with staff to identify
some ways that the City would be able to provide that type of rebate or dividend to the
residents.
Mayor Kranstuber seconded the motion.
Mr. Adamek noted that as Finance Committee Chair, he has a lot of problems with this
concept. He briefly noted several of them:
1. The City has made a conscious decision to increase its economic development
efforts in order to increase the economic livelihood in this community. In doing
so, it provides for the City services that residents enjoy, the Rec Center, the
bikepath systems, the parks, etc. He has many reservations about rolling back real
estate taxes.
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Heln April 5, 1999 19
2. This would have far reaching impacts that would need to be studied by staff. It
could possibly have a negative impact on the City's bond rating. The City staff
has worked very hard to secure a positive bond rating which provides favorable
l~ interest rates for the City. Eliminating streams of revenue would put this bond
t rating in jeopardy.
3. The percentage of rebate mentioned in the newspaper article was three percent,
but this would not be possible because of some voted millage. The percentage
would therefore be less than three percent. The amount of rollback would
constitute less than $100 for the average homeowner in Dublin. The county holds
those records, however, and additional administrative staff would be required to
research the records and to produce these rebate checks. A significant amount of
administrative fees would be involved with such a proposal.
4. The budget would need to be amended as it is based on attainable revenue
projections. This proposal is not in keeping with prudent financial planning. As
Chair of the Finance Committee, he will support this recommendation. He has
additional reasons as bases for not supporting this, but due to the late hour, he will
postpone those comments.
Mr. Hansley clarified that this proposal was discussed at goal setting, and the action
Council agreed upon was that staff prepare a brochure to be mailed to all residents that
would outline the benefits the City residents enjoy as a result ofthe growth in income tax
revenues. The goal setting report is being prepared for adoption by Council, and
following adoption, staff would proceed with production of this information piece in the
2000 year budget. He noted for therecord that the article seems to indicate that Dublin
residents are facing increasing taxes. However, the last time the City raised the income
tax was in 1987 with a vote by the residents. The other voted tax was a policy levy in
."....,...... 1985. Moreover, over 80 percent ofthe income tax revenues come from non-residents
who work in Dublin. So it is inaccurate to say that the City of Dublin is raising taxes.
Mr. McCash clarified that he never stated that the City is raising taxes.
Mayor Kranstuber stated that this whole issue surfaced during the soccer stadium vote
where the citizens voted "no" on the issue because they believed that their taxes would
nse.
Mr. Hansley added that in 1990, the voters gave the authority to the City to impose taxes
for projects such as the Rec Center, roads, Justice Center, but these taxes were never
imposed.
Mr. McCash noted that he would like to respond to some comments made by Mr.
Adamek. If taxes are not collected, there are no administrative costs involved other than
voting not to collect it in October prior to the preparation of the budget at the end of the
year.
Mayor Kranstuber suggested that prior to continuing this discussion, he wants to know if
there is Council support of the concept.
Mrs. Boring clarified that she was out of town last week and was not contacted by the
newspaper. Mr. McCash did let her know that the newspaper had reported erroneously
that she supports the concept. She noted that the City is not the problem in the increasing
tax burden - the City's budget and revenues have been steady. The entire concept is too
undefined at this time for her to support it.
Mr. McCash clarified that his motion is that the concept be referred to Finance
Committee for further study.
Mr. Peterson stated that the City has worked very hard to ensure that additional tax
burdens are not placed on residents. However, the general perception in the community
is that the City is taking tax dollars from citizens and giving them to corporations and
building roads. It is difficult to deal with this misconception. Encouraging this
misconception with such a proposal is counter productive to what the City is trying to do.
Mr. Reiner commented that he was disappointed to read of this proposal in the newspaper
as opposed to discussing it first in a Council meeting forum.
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Heln April 5, 1999 19
Mayor Kranstuber stated that he sees some merit to this proposal to the extent that the
City is in financially good condition. He does not tie this to the idea of incentivizing the
Cardinal Health development because that entity long term will bring in many times over
the incentive amount in income tax revenue. He acknowledged that there would be many
problems with administration of such a program for such a small benefit to the
homeowners.
Mr. McCash stated that since the City is so wealthy from income tax, does the City really
need to take the property tax money from residents? Even ifit's a small amount, the
residents should be given a break by not collecting that portion of the property tax.
Mayor Kranstuber responded that, on the other hand, if the legacy for the future is
parkland, does the City ever have enough revenue for that purpose as well as for all of the
other items on the five-year CIP and beyond?
Mrs. Boring stated that she has been overwhelmed during the past couple of months with
the requests for land acquisition, for border protection, and other items from the residents.
These things are being done without raising taxes. For all of these reasons, it is important
to protect the existing revenue stream.
Ms. Grigsby stated that while the City has twice the amount of revenue of other cities, the
capital budget is probably four or five times the amount of communities around Central
Ohio. In the past few years, many roadway projects have been accelerated because of
additional revenues, and there are many items not on the current list that Council would
like to add. From an individual taxpayer standpoint, the impact would be minimal;
however, in the aggregate, the impact on the City would be substantial. For example,
,..--. $1.5 million would fund about $15 million in debt for the City.
Mr. Hansley stated that if such a proposal would be approved, City staff would then ask
Council to prioritize projects and likely eliminate some, based on the loss of revenues and
lack of debt service funds. Council's direction over the past few years has been to
accelerate projects and to do more, not less.
Mayor Kranstuber commented that the residents do have a frustration that the City cannot
help out the schools by purchasing land for future schools.
Mr. Hansley responded that the fact that the City and schools are separate entities and
separately funded entities is an important educational message to be conveyed. The City
has done many joint projects with the schools such as parks, the bus garage, and others.
Mrs. Boring stated that last year, for every dollar of residential development there was $3
of commercial development. This is the best way that the City could have helped the
school district.
Mr. Hansley stated that the Dublin School district taxpayers have benefitted from the
commercial property growth in the City - but for this new revenue stream, the school
district would be facing increased millage to fund new schools.
Mr. McCash clarified that the concern that he has heard is that the City cannot find the $1
- million to purchase Shawan Falls, but was able to find $5 million for land for the soccer
stadium when Mr. Hunt made his proposal. The question is, if the City is going to keep
the tax money, more should be set aside for parkland and those type of open space
acquisitions.
Mr. Hansley responded that the parkland which would have been used for the stadium
can be sold today at a profit and used for other parkland acquisition, if that is the desire of
Council. The City has in fact purchased Shawan Falls, has expanded the Rec Center, has
found the money for the Emerald Parkway bridge, and has moved up many roadway
projects in response to Council's direction.
Mayor Kranstuber summarized that Council has the responsibility to prioritize capital
projects and determine what portion is spent on parks, on recreation centers, and on
roadway projects.
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DAYTON LEGAL BLANK co.. FORM NO. 10148
Heln April 5, 1999 19
Mayor Kranstuber emphasized that because the City is in good financial condition, it has
the ability to capitalize on opportunities such as the soccer stadium.
r-, Mr. McCash summarized that he has heard from constituents about the desire to return
r some tax monies to residents. He brought this up to Council, and the members of
Council can decide if they would like to explore this proposal or not.
Mayor Kranstuber called the question.
Vote on the motion - Mr. Adamek, no; Mr. Reiner, no; Mr. McCash, yes; Mr. Peterson,
no; Mrs. Boring, no; Mayor Kranstuber, no; Ms. Hide Pittaluga, no.
Mr. Adamek reminded Council members that he will be out of town from April 11 until
April 24 and cannot therefore attend any City functions scheduled during that time.
Mr. Reiner stated that he will be out oftown the first part of the week of April 11.
Mrs. Boring noted that the reception for Mr. Lenz is scheduled the night before the AP A
conference and asked staff to check that everyone will be back for the event.
Mr. Helwig will check on this.
Mayor Kranstuber:
1. Asked if the land acquisition matter can be held over until the next meeting due to
the late hour.
Mr. Hansley responded that it can be postponed.
2. Noted the memo in response to Dr. Gianakopoulos' suggestion about access from
1-270 to Emerald Parkway at the US 33/SR 161 interchange. He asked ifthis had
r--. been sent to Dr. Gianakopoulos.
Mr. Hansley stated that he wanted Council to review this before it was sent. Although he
personally supports the concept, it is apparently unlikely to be approved by ODOT and
FHW A according to the consulting engineer. He will call Dr. Gianakopoulos to make
him aware of this response.
3. The initial meeting of the Southwest Traffic Task Force was productive, and the
next meeting is set for Tuesday, April 20 at 7 p.m. in the Council conference
room.
The meeting was adjourned at 11 :55 p.m.
~CL,,~
Clerk of Council
...........