HomeMy WebLinkAbout11/05/2001
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC FORM NO. 10148
Held November 5,2001
,
(YEAR)
Mayor Kranstuber called the Dublin City Council meeting ofNovell1ber 5, 2001 to order
at 7:00 p.m.
Ms. Chinnici-Zuercher led the Pledge of Allegiance.
,,-...., Roll Call
Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring,
Ms. Chinnici-Zuercher, Mr. McCash, and Mr. Reiner. Mr. Peterson was excused.
Staffmembers present were: Mr. Hansley, Mr. Ciarochi, Ms. Grigsby, Mr. Smith, Mr.
Harding, Ms. Clarke, Mr. Kindra, Mr. McDaniel, Ms. Crandall, Ms. Puskarcik, Mr. Hahn,
Ms. Hoyle, Mr. Price, and Mr. Husenitza.
Approval of Minutes
Mr. Reiner requested that on page nine, in item #2 of his comments, that the words "he
was told by a resident," be amended to "he was told by a contractor. Mayor Kranstuber
moved approval of the October 15, 2001 Council meeting minutes as amended.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Vice Mayor
Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
Correspondence
The Clerk reported that no correspondence requiring Council action had been received.
Citizen Comments
Kip Ericksen. New Albany, stated that he represents Wendy's Championship for Children,
an annual LPGA golf tournament, which has been held the past three years at New Albany
,.."",....., Country Club. Beginning in 2002, the tournament will be held at the Tartan Fields Golf
Club. Although Tartan Fields is not in the City of Dublin, it does carry a Dublin address;
therefore, the tournament will bring significant exposure to the city. He stated that the
local advertising campaign budget alone is approximately $300,000.00, and there is also a
national public relations campaign. The tournament will be reported across the country in
daily newspapers, in national publications, such as Sports Illustrated, Golf World, and
Golf Week, and six hours oflive broadcast will be carried on ESPN and ESPN-2, which
cover a viewing area of 76 million people. As the immediate neighboring community,
there will be a significant economic value to Dublin. Typically, 45,000 sp.ectators attend
the tournament during the week, and 144 players, their caddies, and members of the media
will be staying in the City during the week. Although Wendy's is the title sponsor, there
will also be significant opportunities for Dublin businesses and residents to participate
during the week. In addition, 1,000 volunteers will be recruited to assist in operating the
event that week. Having the financial backing of companies for such a large, unpaid work
force allows them to make a significant charitable contribution as a result of the
tournament. Last year, $450,000 was generated for Children's Hospital, which made this
event the largest single event fundraiser for Children's Hospital. The event is scheduled
for July 28 - August 4, 2002 and will be held within a similar timeframe in future years.
He added that they look forward to building a good relationship with the City as their
neighbor.
Joe Holdrieth. 8856 Davington Drive, current president of the Board for the Dublin
r-. Chamber of Commerce, noted that the Board represents the business community of
Dublin. Although the Board members support the concept of the Unified Development
Code and Standards, some the members have read the proposed revision in its entirety and
are concerned that the proposed Code revision will significantly change the development
environment in Dublin. The revised Code eliminates some zoning classifications and
proposes new and stricter standards. The members voiced numerous concerns: (1) some
zoning categories are eliminated completely, leaving some large and small employers in
limbo; (2) density will be approximately 50 percent of that currently in place; (3)
grandfathering of existing buildings and zonings is prohibited; and (4) performance
standards for some TIF agreements cannot be met under the new Code. There will also be
unintended consequences: for example, the limit on rooftop structures at 15 feet will
eliminate any new class A office space, because traction elevators require a 20-foot
,
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC FORM NO 10148
Held November 5,2001
,
(YEAR)
structure on the top of the building. The members attempted to determine some of the
easily determinable economic impacts on the City and the Dublin schools. He distributed
handouts which are based on two analyses: tax amounts based upon assumptions in the
Dublin Community Plan for City revenue from income and property tax and school
,..-..., district revenue from the property tax. Both analyses are based upon information gathered
from eleven employers and landowners in Dublin. Their facilities house 15,000
employees and currently include 404 acres. That group also owns 340 acres for expansion
and development. The Existing Facility Analysis indicates that if the existing facilities for
these eleven employers were built to the proposed standards, the tax revenue for the City
of Dublin would be $4.3 million/year less than the City currently receives. The impact on
the school district would be $1.9 million annually. In the Undeveloped Land analysis, if
these same eleven landowners developed their 340 acres to current standards, the
additional revenue to the City of Dublin would be $11 million/year; under the proposed
standard, this drops to less than $7 million. Over ten years, the City would be foregoing
$43 million in tax revenue, which would fund significant capital improvements - roads,
bridges, recreation centers, etc. The School District will lose $10 million over ten years.
The Chamber offers its assistance in working with the City to resolve these critical issues.
He has been informed that staff is working on alternatives to the proposal, and those will
be ready in January when the Planning and Zoning Commission addresses the
Commercial Property section of the Code. He added that their membership desires to be
proactive and positive in this process.
Wallace Maurer. 7451 Dublin Road. stated that there are two or three issues which he
would like to address:
(1) Behind the City's legislation and development decisions is the underlying mission
~ to protect and reinforce the quality oflife within the City. Two projects, in
particular, come to mind, and, pending some final research he intends to complete,
he will address Council in the future on this topic;
(2) He suggests that Council and the City embark upon an in-depth plan to effectively
deal with any future terrorist activities that could occur within Dublin that could
cripple the City and/or the nation within a very short time. Other cities are
proceeding with similar studies, such as Berkeley, CA.
(3) While he was out of town this past week, the bikepath, which had been staked out
on his property, was scraped out. At several points, the bikepath had been moved
deeper into his property by one to two feet, or even more, than what was called for
in the original staking. When Mr. Maurer asked Mr. Tennyson, Engineering, if this
had occurred, his response was that it could have happened in order to allow access
for the Service Department to annually trim back the trees and bushes. Mr. Maurer
stated that this has been one of the areas of contention regarding the installation of
this bikepath. This type of generic trimming back destroys the natural contours of
growth. As he has stated before, this area from Brandonway to S.R. 161 is the last
remaining long stretch of rural remnant. He stated that the citizens would be best
served in the future to disregard any supposed concerns of the City regarding
preservation of the rural charm.
Mr. Reiner stated that he had heard that Mr. Maurer was recovering from an illness, and
he is very happy to see him back at Council meetings.
,r--
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i Staff Comments
f
Mr. Hansley stated that there was a memo in Council packets in response to a
communication from Ms. Denise King. Ms. King phoned today and indicated that she is
satisfied with the preliminary report and thanked Council for their responsiveness.
Mr. Ciarochi stated:
1. Ordinance 130-01 was tabled until tonight. Council's direction was to meet with
the Waterford homeowners association. As that meeting has been scheduled for
November 18,2001 and there will not be sufficient time to award a contract and
complete the work this fall, staff recommends that Council defeat Ordinance 130-
Ol.
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RECORD OF PROCEEDINGS
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UAYTON LEGAL BLANK INC. FORM NO. 10148
Held November 5, 2001
,
(YEAR)
2. Noted that the referendum petitions for S.B. 5 have been filed with the State,
containing approximately 231,000 signatures. Subsequently, a lawsuit has been
filed by the Ohio Township Association against some of the parties involved in the
referendum.
-
Ms. Grigsby:
1. Stated that as Council has requested, a memo was provided to Council tonight
regarding the impacts of rollback of the inside millage. This matter is to be
considered within the context of the budget discussions.
2. Noted that Ms. Glick, a member of the Finance staff, recently received the
designation of Certified Payroll Professional.
3. Noted that there was a fee waiver request from the Young Professionals Academy,
Dublin Schools, for use of a Recreation Center facility. The fee associated with
the room rental is approximately $240.00
Mayor Kranstuber moved approval of the fee waiver.
Mr. Reiner seconded the motion.
Mrs. Boring inquired how granting such waivers would impact the calculations within the
fee ordinance.
Ms. Grigsby responded that the fees collected recover a certain percentage of the cost, so
if this fee is waived, it would affect the cost recovery percentage.
Mrs. Boring stated that her concern is that granting waivers actually increases the cost for
other users.
Ms. Chinnici-Zuercher stated that Council has denied many previous requests. In order to
be consistent, does this request fall in line with those organizations whose fee waiver
requests have been denied or those which have been approved?
--- Ms. Grigsby responded that this request is more consistent with those which have been
denied. The only waivers from the School District which have been approved previously
are associated with the after-prom parties. The basis for denial of many requests has been
that the School District has numerous groups/organizations, and if each school group were
to request a waiver, the City would be donating significant time and facility space to
school groups.
V ote on the motion: Mr. Reiner, yes; Mrs. Boring, no; Mayor Kranstuber, yes; Mr.
Adamek, no; Ms. Chinnici-Zuercher, no; Mr. McCash, no.
(Waiver denied)
Mr. Kindra:
1. Stated that the water/sewer project has been completed. The residents on the west
side of the river have been notified that the waterline is now available for tap-in.
The waterline on the east side of the river is still being tested; however, approval is
expected soon, and a similar notification will be made to those property owners.
Ms. Chinnici-Zuercher stated that a resident on Bellaire Drive had informed her yesterday
that water was still flowing out ofthose waterlines. Is that problem now resolved?
Mr. Kindra responded that the emission of water was due to the chlorination procedure.
That is now completed and the waterline is shut off. That process, however, is still
ongoing for the waterline on the east side ofthe river.
-- Ms. Puskarcik stated that in response to Ms. Chinnici-Zuercher's recent request
concerning a meeting with a group of citizens from Old Dublin regarding their concerns, a
meeting has been scheduled for Wednesday, November 7th.
LEGISLATION
SECOND READING/PUBLIC HEARING - ORDINANCES
Ordinance 123-01 - An Ordinance Providing for a Change in Zoning for 92.25 Acres
Located at the Northeast Corner of Hyland-Croy Road and Mitchell-Dewitt Road
from: U-l, Rural District (Jerome Township Zoning District) to: PUD, Planned'
Unit Development District. (Dublin Jerome High School - 8300 Mitchell-Dewitt
Road/Case No. 01-095Z)
Ms. Clarke stated that this is a combined concept plan and preliminary development plan.
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RECORD OF PROCEEDINGS
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UAY10N LEGAL BLANK INC. FOHM NO. 10148
Held November 5, 2001
,
(YEAR)
The request is to rezone approximately 92 acres at the corner of Mitchell-DeWitt and
Hyland-Croy roads for a third high school. The proposal is to include it in a PUD or
Planned Unit Development District. PUD approvals come in three stages. The first stage
is non-binding and called a concept plan. The concept plan was submitted to the Planning
r-"" Commission on October 4t\ and the Commission recommended approval with two
conditions, as noted in the attached Record of Action. Simultaneously, P&Z considered
the rezoning application, which is the preliminary development plan. That is a binding
plan on the developer and on the City of Dublin. That application was also heard by the
Planning Commission on October 4th, and the Commission recommended approval with
ten conditions, as noted in the attached Record of Action. The Dublin Jerome High
School will initially be constructed to accommodate 1,200 students; ultimately, it could be
expanded to accommodate 1,800 students. The northern ten acres of the site is wooded,
and the proposal includes extending the bikepath along both street frontages, providing
left turns at the entrances. Construction of the left turns is to be jointly funded by the
School District and the City. The school building will be situated near the corner, and the
sports fields will be placed around it. There are platted lots on the east side in the
Belvedere subdivision. Another neighbor to this site is the Riviera Golf Course. The site
is in Union County, so it is being rezoned from the Union County or Jerome Township
designation ofU-1, a rural classification, to Dublin's classification ofPUD. Ms. Clarke
showed slides of the site. Ms. Clarke added that the final development plan has been filed
and will likely be reviewed by the Planning Commission in December.
Ms. Clarke noted that at the first reading of this ordinance, Council made two requests
with its referral to the Planning Commission for review: (1) that any 200-foot or WOW
setback be considered a recommendation and not a Code requirement; and (2) that the
-, Commission deal with this request expeditiously to enable the schools to respond to a
December bid, if possible. If Council approves the rezoning tonight, the final
development will be submitted to the Planning Commission in December. She requested
one motion of approval which would include both the concept plan and preliminary
development plan. She noted that before the development plan was sent to the Planning
Commission, City Council approved funding of certain site improvements: (1) assistance
in bringing utilities to the site; (2) assistance in construction of left-turn lanes at the
entrances; and (3) landscape enhancements for the road frontage. Those recommendations
have been incorporated into the text and are covered to the extent that City Council has
partnered with the School District for this site.
Ms. Clarke noted that the School District has also submitted a request for a tree waiver,
which can be addressed separately. She noted that the memo provided in Council packets
clarifies the differences between Code requirements for tree replacement and the school's
proposal. If the actual Code guidelines were applied, the tree replacement fee would be
$295,475. Applying the Council's adopted policy, which reduces the requirement for non-
landmark trees to a tree-for-tree basis, rather than inch-for-inch, would lower the
replacement cost to $165,900. The school board's replacement proposal adds 191 trees to
the site, which are not required for other purposes. They are slightly smaller than the
Code requires, and staff has assigned value to those trees at $33,000. She noted that
although the school has a need to develop many facilities on the 92-acre site, it found
ways to preserve most of the trees. Taking out a corner of the woods still preserves the
- major portion of the woods. Although the school's proposal does not meet Council's
guidelines, the school system has generally not been expected to meet all the items
required of developers. The school requests a partial waiver of the tree replacement fee
of$262,475.00 reducing it to $33,425.
Ms. Chinnici-Zuercher inquired how the water and sewer line extension is being funded.
Ms. Clarke responded that Council had approved funding of the cost of bringing the
utilities to the site and associated costs. The cost was estimated at $150,000. The City has
agreed to fund extension of the utilities to the site; the school will be responsible for the
cost of utility extension through the site. Regarding the waterline, there is the opportunity
for the City to be reimbursed by the developer of Belvedere. The other area for whichthe
City approved funding was $160,000 for landscape enhancements per WOW guidelines.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held November 5, 2001
,
(YEAR)
This would be in addition to the basic Code requirements, which will be funded by the
School District.
Mr. Ciarochi added that the City also agreed to use the oversizing policy on both the on-
,..-, site water and sewer extensions to the northern boundary and to share in the cost of the
left-hand turns required for two entrances to the site.
V ote on the Ordinance: Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms.
Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes.
Mayor Kranstuber moved approval of the partial waiver of the tree replacement fee
for Dublin Jerome High School, as outlined in the staff memo of November 1,
2001.
Mr. Adamek seconded the motion.
Vote on the motion: Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring,
yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes.
Ordinance 127-01 - An Ordinance Amending Chapter 35 of the Codified Ordinances
to Revise the Fee and Service Charge Revenue/Cost Comparison System and
Establishing a Schedule of Fees and Service Charges for City of Dublin Services.
Mr. Hansley stated that this was reviewed by the Finance Committee. Staff recommends
adoption.
Mr. McCash, Finance Committee Chair, stated that the committee reviewed the proposed
amendment for fees and service charges. Mr. Hansley's memo of November 5th
addresses those modifications recommended by the Committee. Of those, the Committee
concurred with staff s recommendation for a ten percent increase in the cost of pool passes
- and a modification in the terms and cost of the 90-day college student pass to the
Recreation Center. Other recommendations are noted in that memo. However, a clear
recommendation was not formulated for the theater rental.
Ms. Grigsby stated that in response to the Committee's recommendation, staffis
suggesting the option for an annual pass for college students, at a cost of 50% of the
current rate for an individual pass, with the limit of 70 visits per pass per year. If Council
were to select that option, the ordinance would be amended to replace the 90-day pass
with the annual college student pass.
Mrs. Boring indicated preference for the new option.
Mayor Kranstuber stated that he would oppose the proposed ten percent increase for the
outdoor pool and for the Rec Center. Although the Recreation Center has a capacity
problem, the City receives substantial revenue from its economic bases. In comparison,
parks are subsidized at 100% for the families who play soccer or other sports. The pool
and the Recreation Center are easily financed and represent an opportunity for the City to
give something back to the community. There is no reason for the residents to have any
additional burden; he would actually like to see the rate reduced.
Mr. Adamek inquired ifthe theater rental fees are proposed for implementation in 2003.
,......., Mr. McCash responded that discussion focused on the time needed for practice and set-up
in addition to the actual performance time. For instance, the amount oftime that the
theater is unavailable to other groups after the Emerald City Players' sets are in place is
substantial. There was also discussion regarding continued subsidy of the Emerald City
Players, including operating costs.
Ms. Chinnici-Zuercher stated that one ofthe purposes for constructing the theater was to
support and encourage development of a community theater group. The Emerald City
Players are now in their second year, and have not yet had opportunity to become
established sufficiently to become self-supporting. It is too early to assess any additional
costs to the Emerald City Players.
Mrs. Boring asked for input from Council members regarding the proposed fees for
recycling bins. Her position is that the price should remain as it is. She asked for an
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DAYTON LEGAL BLANK INC FORM NO. 10148
Held November 5, 2001
,
(YEAR)
estimate on the number of bins the City provides per year. If every new "move-in" can
obtain a bin upon request, that could be a significant cost.
Ms. Grigsby stated that, based upon the number of new homes, approximately 350 bins
~ are provided per year. She does not have a number available for the total "move-ins".
Mr. McCash noted that most homeowners are not taking the bins with them.
Mrs. Boring stated that the number is smaller than she anticipated, and that she is satisfied
with the current proposal.
Mrs. Boring moved to approve the Ordinance with the amendments as recommended by
the Finance Committee, including the annual college student pass.
Mr. McCash seconded the motion.
Vote on the Ordinance: Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms.
Chinnici-Zuercher, yes; Mayor Kranstuber, no; Mr. Reiner, yes.
Ordinance 129-01 - An Ordinance to Accept the Lowest/Best Bid for the
Brandon Woods Nature Trail Project, and Declaring an Emergency.
Mr. Hahn stated this nature trail would be routed through the woods between
Brandon and Wellington subdivisions. A site map was provided in the last
Council packet.
Mayor Kranstuber moved for passage by emergency.
Mr. Adamek seconded the motion.
V ote on the motion - Mr. Adamek, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher,
yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes.
V ote on the Ordinance - Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes;
-., Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes.
Ordinance 130-01 - An Ordinance Waiving Competitive Bidding
Requirements, Pursuant to Section 8.04 ("Contracting Procedures"),
Paragraph C ("Waiver of Competitive Bidding"), For the Procurement of
Sidewalk Construction on Waterford Drive and South High Street and
Acceptance of Price Quote from McDaniels Construction Company, and
Declaring an Emergency.
Mayor Kranstuber noted that although Mr. Ciarochi had requested that this
legislation not be approved, some residents present tonight have passed out
information and requested an opportunity to speak.
Robin Rose. 195 Stonefence Lane. Waterford subdivision, indicated that she and
her husband regularly walk to the many offices and retail shops in the adjoining
business district. However, they would feel much safer walking in the area if there
were sidewalks. At present, Waterford Drive, Franklin Street, and the south side
of Bridge Street from the Dublin Community Church to the shopping center do not
have sidewalks. Due to the health benefits, Mr. and Mrs. Rose would like to walk
more. Many foreign countries have more pedestrian traffic than the U.S.A. More
pedestrian traffic would alleviate the vehicle traffic problems. Recently, she has
spoken with many residents along Stonefence Lane, Pebble Creek, Monterey and
Waterford Drives. All of those with whom she has spoken desire that the City
- proceed with the sidewalk along Waterford Drive. Most are of the opinion that
Dublin should be a walking-friendly community - one of the reasons they have
chosen to live in this area. The Roses expect to remain in their home for the
remainder of their lives. Ms. Rose read comments from area residents stating their
support for the construction of a sidewalk along Waterford Drive. She noted that
she has forwarded additional comments from the Hughes family to the Council
Clerk as well as a list of resident signatures in support of the sidewalk. She noted
that the curbcuts have been in place formany years, and she urges the City to meet
the needs of the residents.
Ms. Chinnici-Zuercher stated that due to public comments in opposition to the
sidewalk at the last Council meeting, Council requested that a community meeting
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held November 5, 2001
,
(YEAR)
be held to involve the citizens in the process. However, the 2001 construction
season is ending; therefore, even if the sidewalk is approved, construction could
not occur until next spring.
~" Mrs. Rose stated that she spoke with two of the residents who oppose the sidewalk.
They indicated their concerns are related to the potential loss of a tree and
diminished property value. Most of the other residents are more concerned with
the safety issue.
Mayor Kranstuber stated that he was previously a resident of the Waterford
subdivision, and supports Mrs. Rose's position.
Mrs. Boring inquired if Council direction to staff on this issue also included review
of the sidewalk design to assure that it would avoid damage to trees wherever
possible.
Mr. Ciarochi stated that staff is reviewing the setbacks and tree locations in that
area. The major staff directive was to schedule a meeting with the residents, which
will take place on Sunday, November 18th. Notification of that meeting is being
handled by the homeowners association; however, individual notices could be sent.
Mrs. Boring indicated preference for individual homeowner notification.
Ms. Chinnici-Zuercher inquired if a postcard could suffice as legal notification.
Mr. Hansley stated that this would be acceptable.
- Mayor Kranstuber inquired if the majority of the homeowners present at the
November 18th meeting should indicate support of the sidewalk, could the
sidewalk be completed yet this year?
Mr. Ciarochi responded that it could not, which is the reason staff recommends
defeat of the legislation. In addition to the Waterford area, this project would also
include the area along Dublin Road and involves two separate contractors. He
recommends taking this through the formal, competitive bidding process as a
separate project.
Mr. McCash requested that at the neighborhood meeting with Waterford area
residents Mr. Ciarochi provide information on how the sidewalk design would be
implemented. A few homes on Stonefence and Waterford have steps that run
down to the curb.
Mr. Ciarochi stated that photographs and drawings would be used at the
neighborhood association meeting as a mechanism to illustrate setbacks and
methods of avoiding trees and making grade transitions.
Vote on the Ordinance: Ms. Chinnici-Zuercher, no; Mayor Kranstuber, yes; Mr.
Reiner, no; Mrs. Boring, no; Mr. McCash, no; Mr. Adamek, no.
Ordinance 132-01 - An Ordinance Authorizing the Purchase of a 0.0965 Acre, More
r--- or Less, Permanent Utility Easement, from Swickard Enterprises, Located South of
Woerner-Temple Road and East of Avery Road, City of Dublin, County of Franklin,
State of Ohio.
Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner,
yes; Mr. McCash, yes; Mr. Adamek, yes; Mrs. Boring, yes.
INTRODUCTION & FIRST READING - ORDINANCES
Ordinance 133-01 - An Ordinance Adopting the Proposed Operating Budget
for 2002.
Ms. Grigsby stated that budget workshops are scheduled with Council for
November 7, 14, and 20 (if a third meeting is necessary). The meeting agenda was
included in Council's folder tonight.
II
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FOHM NO. 10148
Held November 5, 2001
,
(YEAR)
Mayor Kranstuber moved to refer the proposed operating budget for 2002 to the
Finance Committee of the Whole for review and recommendation.
Mr. Adamek seconded the motion.
Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash,
-. yes; Mr. Adamek, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
There will be a second reading/public hearing at the December 10 Council
meeting.
Ordinance 134-01 - An Ordinance Enacting and Adopting a Supplement to the Code
of Ordinances for the City of Dublin.
Mr. Adamek introduced the ordinance.
Mr. Hansley stated that per Charter, the codification is effective upon passage. Staff
recommends that the public hearing be waived and the legislation adopted.
Mr. Adamek moved to waive the public hearing.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr.
Adamek, yes; Mr. McCash, yes.
V ote on the Ordinance: Mrs. Boring, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms.
Chinnici-Zuercher, yes; Mr. Reiner, yes.
Ordinance 135-01 - An Ordinance Accepting an Amended Property Owners'
Petition for the Improvement of Woerner Temple Road and Eiterman Road
Between Certain Termini by Constructing, Extending, Opening, Improving,
Grading, Draining, Curbing, Landscaping, and Providing Sidewalks, Bikeways
and Lighting Systems and All Related Sewer and Water Utility Improvements,
- and Providing All Related Work and Appurtenances; Confirming
Determinations and Other Actions Set Forth in Ordinance No. 116-01, and
Declaring an Emergency.
Mr. Smith requested that this legislation be removed from the agenda. Legal staffhas
completed a settlement with Mr. Proegler on this matter.
The Ordinance was not introduced.
Ordinance 136-01 - An Ordinance Amending the Annual Appropriations for the
Fiscal Year Ending December 31,2001.
Mr. Adamek introduced the Ordinance.
Ms. Grigsby noted that this ordinance requests additional appropriations to provide
funding for the Historic Dublin parking TIF district, which was established recently in
partnership with the school district. It also provides establishment of a separate fund for
the public park related to the Ballantrae development, as required by the Park
Development Agreement and appropriates the funds necessary for that project.
Mr. Adamek moved to dispense with the public hearing.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek yes; Ms. Chinnici-
Zuercher, yes; Mr. McCash, yes.
Vote on the Ordinance: Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms.
Chinnici-Zuercher, yes; Mr. McCash, yes.
~ OTHER
Discussion re Emergency Traffic Signal Preemption System for Emergency
Vehicles
Richard Weirich. 7466 Katesbridge Ct.. Dublin, stated that he has been pursuing
this initiative in excess of two years. He believes it would make Dublin a safer
place in which to live and work. He represents 144 Dublin residents who signed a
petition this summer endorsing this request. He distributed copies of that petition,
a resolution from the Washington Township trustees in support of that petition, and
an engineering study commissioned by the City of Dublin. The proposal is to
install a traffic signal preemption system along the S. R. 161 corridor from Dale
Drive to Avery-Muirfield, which would allow emergency vehicle operators to
change traffic signals from red to green to provide a clear path ahead of them.
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.
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held November 5, 2001
,
(YEAR)
This would provide greater safety for both the emergency response team and for
citizens at intersections and enable quicker emergency aid to those in dire need. It
can be accomplished at minimal cost. His interest in this is due to a personal
incident. In December 1998, he was on the SR 161 bridge over the Scioto River,
- the traffic was backed up on both sides, and emergency vehicles were proceeding
with lights and siren east toward Riverside Drive. Although they were aware that
the emergency vehicle was trapped behind them, the vehicles were paused at a red
light at the busy Riverside Drive intersection, and hesitated to pull out onto
Riverside Drive. Mr. Weirich stated that he pulled as close to the bridge as
possible, but was aware that if the fire truck could not get through, he would be
knocked into the bridge. Another incident occurred a year ago. He was in the
northbound lane on Frantz Road at the S.R. 161 intersection. There is a concrete
median between opposite lanes of traffic on Frantz Road. A heavy rescue truck
was trying to proceed northbound to S.R. 161, but traffic was stopped at the red
light and unable to move out of the way." A uniformed firefighter ran to the
intersection to motion traffic through the red light, but traffic did not proceed until
the signal changed.
Mr. Weirich explained that the electronic system he proposes would operate either
via an audible signal or by a digitally coded infrared system. A transmitter present
on each emergency vehicle would send a signal to the traffic signal control box.
The signal would then change to give the emergency vehicle a green light and all
other traffic a red light. A national study in 2000 indicated that 20.5% of the
firefighters killed in the line of service perished as a result of traffic accidents.
In addition, the engineering study issued in April 2000 states on page 13 that "the
- biggest payoff from signal preemption appears to be in the form of reduced
liability resulting from crashes which may occur at a signalized intersection
between emergency vehicles running hot in cross traffic. Avoiding even one such
liability situation is more than enough to pay for the entire system." He assumes
that the study was filed, as he was advised that action probably wouldn't be taken
until 2004 or beyond. Since he continues to believe that this service would benefit
the people who work and live in Dublin, he has gathered 144 signatures of
residents within the community. Of those individuals he approached, not one
refused to sign. Many indicated that the communities in which they previously
lived had this safety feature, and when they moved to a progressive community
such as Dublin, they had expected to find the same safety feature here.
Referring to the Resolution of the Washington Township Trustees he read: "The
Board supports the installation of a priority control system with the City of Dublin
and expresses its willingness to enter into a partnership with the City to share in
the costs of such a system." Mr. Weirich pointed out that Washington Township
has indicated that they will pay 50% ofthe cost of installation, as well as installing
the transmitters on all their emergency fire trucks and EMS vehicles.
He summarized that in view of those stated factors, the fact that the proposed plan
appears to be well within the economic means of the City, in an exercise of
prudent risk management, and in recognition that such a system can save lives and
property, it is respectfully requested that Council adopt the resolution without
delay to facilitate purchase and installation of such lifesaving equipment.
,..,.....
David Horton. 4860 Carrigan Ridge Drive, stated that he has no additional
information to share. However, he is present as a resource person, should anyone
have any questions.
Mr. Hansley stated that the cost of the system is estimated at $100,000.
Installation would occur at the key intersections in Dublin. Dublin's share would
be between $50,000 to $100,000.00, assuming that all of the intersections would
not be done. Some of those numbers may need to be updated. The City would
still go through a bidding process, as there are three different vendors available.
He noted that this issue has never been addressed in the budget process, because
previously Council had decided not to pursue it.
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FOAM NO. 1 0148
Held November 5, 2001
(YEAR)
Mrs. Boring stated that she recalls that staff did not recommend the option at that
time.
Mr. Hansley stated that there was concern about the recovery time after the
--, intersection is cleared. This report, however, addresses balancing factors.
Mr. Adamek requested additional estimates to enable discussion at the budget
meetings.
Mr. McCash requested that along with the information on the capital costs, that
figures are provided regarding the cost of training, operation and maintenance.
Also, the October 31 st memo from staff mentions that "products are being
marketed on the Internet for individual motorists to preempt traffic signal
systems." If those products work, that would be a factor to consider as well.
Mr. Weirich responded that the audible signal could be copied, but the infrared
digitally encrypted signal could not.
Mrs. Boring inquired if there are any grants available for this.
Mr. Weirich stated that two or three years ago, ODOT had such grants available,
but not at this time. He suggested that Council compare the following scenarios in
making its decision: (a) $100,000 for this emergency safety feature vs. the cost of
liability, should a fatal accident occur at one of these intersections; legal counsel
alone would exceed $100,000. (b) $100,000 vs. the loss of a loved one's life due
- to delayed emergency response.
Mrs. Boring asked Chief Bostic if the township trustees were under the impression
that a grant was available.
Chief Bostic stated that their understanding was that no grants were available at
this time.
Mr. Reiner asked Chief Geis and Chief Bostic for their evaluation.
Chief Geis stated that, conceptually, the Police Division is in support of the
request. However, there is a need to prioritize competing projects for budget
dollars. In the 26 years he has been with the Dublin Police Division, there have
been no serious police vehicle accidents involving traffic signals, and only a few
minor accidents.
Chief Bostic stated that they would support the concept, if the City Engineer is
satisfied that this will not cause any problems with the City's traffic signalization.
Ms. Chinnici-Zuercher moved to direct staff to provide the necessary information
for further consideration at the Finance Committee budget hearing on November
14.
-- Mr. Adamek seconded the motion.
Vote on the motion: Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr.
Adamek, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes.
Final Plat - Belvedere. Section 2
There were no questions.
Mayor Kranstuber moved to approve the final plat.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor
Kranstuber, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes.
Hotel/Motel Tax Grant Recommendations from Finance Committee
Ii!
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held November 5, 2001
,
(YEAR)
Mr. McCash stated that three grant applications were received. One was for a for-
profit organization, and it was therefore rejected. Ofthe other two requests:
(1) Dublin Youth Athletics requested $74,500 with $67,500 targeted for the
lighting of Darree Fields and up to $7,000 for the cost of City services for
-. the 2001 CABA World Series. The $67,500 is the other half of the total
amount of $135,000 requested last year for the lighting of Darree Fields.
$67,500 was approved at that time, and the Finance Committee
recommends approval of the remaining amount at this time.
Mr. McCash moved to approve the request as stated.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion: Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr.
Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
(2) Natalie Witwer, Miss Ohio, requested $10,000 for an Ohio Youth Summit,
which will focus on core values for the Ohio youth. This will follow up on
her platform in the Miss Ohio Scholarship Program. The Finance
Committee recommends approval of up to $10,000 with the funds
designated as part of the City's sponsorship of the Youth Summit, with the
stipulation that a detailed plan and budget be submitted within thirty days.
Mr.:McCash moved to approve the recommendation.
Ms. Chinnici-Zuercher seconded the motion.
Ms. Witwer stated the event would tentatively be held April 19-20. The goal of
the Summit would be "Uniting Ohio's Youth in a Common Character Culture."
The focus will be on character development, hopefully, building on Ohio Secretary
of State Ken Blackwell's Uncommon Sense Proposal. The target is high school
- students. She will be contacting public schools and youth organizations
throughout the state.
Mrs. Boring inquired if a budget has been submitted.
Ms. Witwer stated that the deadline for submission of the bed tax grant application
was the week before the final Miss America competition. Not only was she unable
to develop a budget so quickly, but if she had won the competition, she would not
be pursuing this proj ect. However, she is working with a professional to develop
a budget, which she will submit to the City in 30 days.
Mr. McCash stated that the next bed tax grant application cycle will not occur in
time for Ms. Witwer to apply, therefore, the Committee recommended approval up
to $10,000 contingent upon the submission of a budget.
Mrs. Boring encouraged Ms. Witwer to apply for a grant from the Dublin
Women's Club and the Dublin Fund.
Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring,
yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes.
Community Pool Planning Process
Mr. McDaniel stated that when Council developed the 2002-2006 Capital
Improvements Projects, a second outdoor community pool was included for
construction in 2003. Funding for the pool design was approved for 2002.
Council also requested that staff submit a proposed planning process, which was
provided in Council's packet.
r-'""'
Mayor Kranstuber stated that the proposed process appears streamlined, yet allows
opportunity for appropriate input.
Ms. Chinnici-Zuercher stated that part of the criteria in choosing the architect is
the experience they have in engaging the public in the design process. She
encouraged prioritization of that criteria.
It was the consensus of Council to approve the plan as proposed by staff.
Council Round Table/Committee Reports
Mr. Reiner:
1. Stated that the Community Development Committee reviewed the proposal for a
I 11'11 'I ';1
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FOHM NO. 10148
Held November 5, 2001
,
(YEAR)
policy for tree replacement along major rights-of-way. He complimented Ms.
Clarke and the Planning staff for the comprehensive research provided for this
study. The Committee review concluded with a recommendation for a trial tree
replacement program as follows:
- 1) Initial area for the trial program would be the area along Avery-Muirfield between
Valleystream and just south ofBrigid's Close, along Indian Run Meadows, Section 6.
This is the original section and the trees under consideration are on private property;
2) Work through the individual homeowner associations;
3) City landscape architect will evaluate the trial area and make recommendations for the
missing/damaged trees. If the program continues, the landscape architect would
identify targeted areas for the program.
4) Initial funding to come from the tree preservation fund.
Mr. Reiner moved to give direction to Ms. Clarke to proceed with initiation of a prototype
program.
Mr. Adamek seconded the motion.
Mr. Adamek stated that the targeted area was originally planted as a buffer for single-
family homes along Muirfield Drive. Because some of the trees have been limbed up, or
died, there are gaps in the buffer. The Committee recommends offering a SO/50 match of
funds for the replacement landscape elements, such elements to be recommended by the
landscape architect. They would not necessarily have to consist entirely of evergreens, but
could include some low-growing elements to augment the pine trees that have been limbed
up.
Ms. Grigsby stated that the tree preservation fund stipulates that the funds be used to
replace trees on public property. If this program is approved, the ordinance may need to
be amended.
,.............,. Mr. Adamek responded that the reason a trial area is suggested is to provide opportunity to
consider all the issues involved. Some ofthese targeted areas could be public properties,
and others could be private properties. After staff reviews some of the areas, they could
recommend any amendments that should be made.
Mr. Hansley stated that this program would probably require the addition of language,
such as "or private property nearby that serves a public purpose."
Mrs. Boring stated that she has several issues related to the recommendation: (1) the
Committee was directed to formulate a policy, yet that has not been done; (2) after such a
policy has been approved, all neighborhoods should be considered for the trial program; 3)
the City has overstepped its rights in regard to private property; (4) why would the City
enact a tree replacement program when there are not yet street trees along all public rights-
of-way? Wellington Place has absolutely no buffering on the public property where the
retention pond is. Their application for City funding assistance was denied. Because the
City has emphasized the need for homeowner associations to maintain their own
entryway, it is inappropriate to provide funding for landscaping on private properties.
This proposal, minus a policy, does not satisfy any of her concerns. Nothing appropriate
has been submitted for a vote.
Mr. Reiner responded that the area selected for the trial program was provided by
Planning staffwho identified areas which had developed problems and have become
aesthetically unappealing. It is one ofthe City's oldest housing areas along a major
- thoroughfare. The request for City intervention came from its citizens.
Mrs. Boring responded that no policy has been defined that can be used to clarify the
City's position and justification on this issue in response to citizen inquiries. In addition,
this area lies in the backyard of a present Council member. That clearly makes this
recommendation inappropriate.
Mayor Kranstuber inquired if any other Council members requested additional
information. He noted that the policy was stated which was that the City would offer a
50/50 City subsidy of replacement landscape elements in areas identified by City staff as
having developed aesthetic problems.
, , i'I:'~WJlli'rN1,,~;W!<1I'1tIri'l~ts{<Hi,'W~'1' :ll'!
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held November 5, 2001
,
(YEAR)
Mrs. Boring inquired of Ms. Clarke how she went about identifying these areas.
Ms. Clarke responded that she reviewed Council minutes, which, following a citizen's
request, described a problem with aging plantings along Muirfield Drive. Consequently,
staff specifically gathered information for the area along Muirfield Drive.
,-..,
, Mrs. Boring responded that perhaps the aging sections of the east Dublin area, where there
are no street trees at all, should have been considered for this program. She expected a
policy that would address the entire City, not one major thoroughfare.
Mayor Kranstuber suggested that she then propose a motion to amend the policy.
Mrs. Boring refused, stating that in her opinion, a City policy would prioritize the tree
planting, which would begin with areas in which there are no street trees.
Brief discussion continued.
Mayor Kranstuber called for the vote on the motion:
Vote on the motion: Mayor Kranstuber, yes; Mr. McCash, abstain; Ms. Chinnici-
Zuercher, no; Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, no.
Mr. Smith indicated that the motion passed with a simple majority of those members
voting.
Mayor Kranstuber invited Ms. Rosenthal, Executive Director of the Dublin Arts Council,
to proceed with her comments.
Christy Rosenthal. Dublin Arts Council, stated that they are focusing on the process for
the next public art project. They have met with City staff and members of the community.
......... There are multiple viable options for a site, but timing is now an issue. Consequently, the
Arts Council has returned to their original recommendation and are requesting Council
approval of7125 Riverside Drive, the location of the Dublin Arts Center, for the location
of the next public art project. Ideally, the requirement would be made for the art to add to
the functionality ofthe landscape and be in keeping with the character and charm of the
building.
Mr. McCash moved to approve 7125 Riverside Drive as the location of the next public art
proj ect.
Mr. Adamek seconded the motion.
Vote on the motion: Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-
Zuercher, yes; Mr. Reiner, no; Mayor Kranstuber, yes.
Ms. Chinnici-Zuercher:
1. Inquired about the bikepath being installed on S.R. 745. It appears to be as close
to the road as the one further south, where the City installed landscaping to buffer
it from the road. Is this remedy also being considered in this case?
Mr. Kindra stated that in the section being installed, the only area that meets that
description is at the intersection of Brand Road. That area is to be reconfigured as a turn
lane at the traffic signal, so the work is being done to cause a minimum of destruction at
this time. The design for the intersection is programmed for next year, and the
construction in 2003. Landscaping will not be done this year.
Ms. Chinnici-Zuercher stated that on Mr. Maurer's property she has noticed substantial
~ water in the four to five foot space between the bikepath route and the road. And because
of the very large trees on Mr. Maurer's property, there is an abundance ofleaves on the
ground where the bikepath will be routed. What is the City's policy for maintaining the
bikepaths free of potential safety hazards, such as leaves?
Mr. Hansley stated that the City is obligated to provide snow and leaf removal in areas
where there is pedestrian traffic.
Mr. Maurer stated that prior to the ground removal for the proposed bikeway, water
collected on his property for about an hour, then it would dissipate into a sinkhole. Now,
the sinkhole has been removed. Mr. Tennyson ofthe Engineering Department has
explained that although a drainpipe has been placed under Mr. Maurer's driveway, it is not
large enough. Mr. Tennyson has contacted the contractor to return and replace it with a
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FOAM NO. 10148
Held November 5, 2001
,
(YEAR)
larger pipe which would drain the water over to the ravine.
2. Noted that the street sign on Bellaire has not been replaced since the sewer
installation has been completed.
- Mrs. Boring:
1. Referred to a memo she had provided in Council packets, and requested Council
support in asking the Law Director to investigate the possibility of a City rezoning
of Subarea 5C of the Northeast Quadrant PUD to R-1. In 1995, a PUD was
approved that included a change to expand the acreage of the original rezoning to
include a medical complex at the southwest corner of Sawmill and Hard roads.
The new plan eliminated any precedence for retail to move further south or north
of this quadrant. Because the Mt. Carmel offices and nursing home concept
allowed sale of medical supplies, the text was revised to include that as a permitted
use. However, Mt. Carmel no longer has plans for this area, so this zoning is no
longer applicable. Although SO may be more appropriate, returning it to R-1
would provide the maximum flexibility.
Mrs. Boring moved to request the Law Director to investigate the possibility of a City
rezoning of Subarea 5C of the Northeast Quadrant PUD to R-1.
Mayor Kranstuber stated that this would effectively return control to the City on this site.
Mr. Adamek asked about the current zoning of the site.
Mrs. Boring responded that it is part of a PUD.
Mr. Smith stated that Council had initiated a rezoning process last year, and prior to
initiating this one, he would suggest allowing an opportunity to (a) research the zoning,
and (b) provide the Council with a memorandum on risklbenefits before Council moves
forward on a rezoning.
--- Mr. McCash seconded the motion.
Vote on the motion: Mr. Reiner, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. McCash,
yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes.
Mr. Adamek:
1. Stated that he has had the pleasure of walking the neighborhood during his
campaign. In doing so, he encountered a recurring question: when were
the speed humps in front of St. Brigid approved and authorized to be
installed? He was unaware of the City process for initiating/approving
speed humps. After extensive research, he discovered they were included
in a street maintenance program. He requested that in the future more
information be provided to Council regarding the impact on the community
of such high-priority and sensitive issues.
Mr. Hansley stated that Council had directed staffto install the speed humps at
Thomas Elementary on Tuttle. The speed humps at St. Brigid's were installed
after a motion from Mrs. Boring was approved to do an assessment of the other
schools, including parochial schools for the same treatment.
Mayor Kranstuber stated that information, including color copies of drawings, was
provided in Council packets a few weeks ago.
Mr. Hansley stated that City staff has received a complaint from a resident that the
-- St. Brigid's speed hump was too high. City staff did proceed to check out the
1-'
speed hump and discovered that crossing the speed hump at 25 mph is not
problematic, but higher speeds present a problem.
2. Stated that the City has a list of certified contractors that are licensed to do
business in this City. Could a similar list be devised providing recommendations
for painting, landscaping, or similar work? He has received several complaints
recently on contractors who performed inferior work or did not complete projects.
Mr. Hansley responded that legally the City cannot provide endorsements for private
contractors. Perhaps the Chamber of Commerce or Leadership Dublin could provide such
a servIce.
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held November 5, 2001
,
(YEAR)
Mayor Kranstuber moved to adjourn to executive session for legal, land and personnel
matters.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor
...--.. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes.
Mayor Kranstuber announced that the meeting would not be reconvened following the
executiv on.
Th eetin adjourned to executive session at 9: 15 p.m.
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Clerk of Council
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