HomeMy WebLinkAbout12/11/2000
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 1
DAYTON LEGAL BLANK INC. FOAM NO 10148
Held Der.emher 11 )000 ,
, (YEAR)
Mayor Kranstuber called the Dublin City Council meeting of December 11,2000 to
order at 7:00 p.m.
Mr. Reiner led the Pledge of Allegiance.
....r- Roll Call
Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring,
Ms. Chinnici-Zuercher, Mr. McCash, Mr. Peterson, and Mr. Reiner.
Staff members present were: Mr. Hansley, Mr. Ciarochi, Ms. Grigsby, Mr. Smith, Mr.
McDaniel, Mr. Kindra, Ms. Clarke, Chief Geis, Mr. Husenitza, Mr. Stevens, Ms.
Puskarcik, Mr. Hahn, Ms. Hoyle, and Ms. Heal.
Approval of Minutes of November 20. 2000 Meetin1:
Mayor Kranstuber moved approval ofthe minutes as submitted.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes;
Mr. Peterson, abstain; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
Correspondence
The Clerk reported that two notices to legislative authority were sent to Council
regarding transfers ofliquor permits: (I) a transfer ofDl, D2 and D3 permits from
Culinary Consultants, Inc., dba Handke's Table at 6644 Perimeter Loop Road to G& K
Ybarra LLC., dba The Table at 6644 Perimeter Loop Road; (2) transfer ofD5 and D6
permits from Jack J. Eggspuehler, 56 N. High Street 1 st, basement and patio to
Brazenhead Ltd., dba Brazenhead, 56N. High Street 1 S\ basement and patio.
There was nO objection from Council to the transfer of these permits.
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Citizen Comments
Kelly Gardner. Board President and Pat Schmucki, Executive Director of the Dublin
Convention and Visitors Bureau updated Council orithe progress of the Bureau's
relocation to 9 South High Street. The new offices are expected to open on January 22,
and the Visitor Center is to open on or about February 1. They will phase in amenities
to the Visitor Center as monies are raised. They are seeking grants and sponsorships to
develop the Visitors Center. Ashland Chemical has agreed to sponsor a kiosk panel in
the Visitor Center. She distributed drawings of the kiosks which will be housed in the
Visitor Center, noting that the City produced videos will be used in these kiosks. The
grand opening of the Visitor Center will be held in early spring, and Council members
will be invited.
Kevin Wadsworth, property owner of 6000 Post Road noted that he and his wife,
Tammy, are still struggling with obtaining driveway access to their lot. They purchased
the lot 2-1/2 years ago and have been attempting to build a house on the property since
that time. In June of this year, they were denied a permit for a driveway cut. Since that
time, they have worked with the Engineering division to resolve the issues. On
September 18, they brought the matter to City Council seeking Council's assistance in
resolving the matter. They are requesting again that Council work with them to come to
closure and provide driveway access to their lot.
r-- Mayor Kranstuber stated that Council has discussed this matter and is trying to do what
can be done to satisfy the property owners' needs or desires to build their home in this
location while balancing those needs with the City's needs. Negotiations have been
underway between the City's attorneys and the Wadsworths' attorneys, and Council will
continue to work in that direction.
Wallace Maurer, 7451 Dublin Road addressed Council in regard to the bikepath
installation along Dublin Road. There have been significant numbers of accidents along
this portion of Dublin Road, as evidenced in his research of Police records since 1991.
In view of the high accident rate, is there any legal reason why the bikepath must be
eight feet in width and therefore very close to the roadway in some areas? Ifnot,
perhaps the bikepath could be narrowed to four feet along the portion of Dublin Road
between Brandonway to 161, and a guardrail could be added and hidden by trees and
shrubbery.
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Dublin City Council Meeting Page 2
DAYTON LEGAL BLANK INC FORM NO 10148
Held De('.,emher 11; 7000 ,
, (YEAR)
Mayor Kranstuber asked staff to respond.
Mr. Kindra stated that the standards for civil engineering practice recommend an 8-foot
width for a bikeway, and this has been codified in Dublin's ordinances and Building
........ Code. He offered to meet with Mr. Maurer on the site to address his concerns.
Mayor Kranstuber asked that legal and engineering staff meet with Mr. Maurer on site
within the next week, and that all options be explored to address Mr. Maurer's concerns.
Mayor Kranstuber then presented Mr. Maurer with a gift package of City merchandise in
recognition of his extensive participation in the Council meeting process over the past
year.
Special Recoenition/Proclamations
Officer Bruce McKenna, D.A.R.E. Program, addressed Council, and thanked them for
their support in the proposed tobacco possession law which will be considered by
Council later on the agenda. This has served as a wonderful educational tool for the
students, and all schools were well represented in this effort. He thanked Mrs. Reiner,
St. Brigid elementary school teacher for her support in this effort.
The following students were recognized for their participation: Maleah O'Neal, Ali
Ristas, Nick Gamrath, Emily Wittman, Karen Lombardo, Kyle Henning, Alex Chrissis,
Leslie Bender, Christa Cocumelli, and Jenna Moomaw. The students were given
certificates of recognition and a Dublin ballcap.
Ms. Chinnici-Zuercher commented that Council will tonight introduce and consider
legislation prohibiting possession of tobacco by minors. This legislation was initiated by
the students, and the students met with the Public Services Committee of Council to
review the draft legislation which was prepared by the Law Department at Council's
request. She commended the students for their willingness to bring this legislation
r-- forward to Council and to positively impact the community in which they live.
Staff Comments
Mr. Ciarochi stated that the agreement with the Tartan Golf Company has now been
executed. Staff plans to provide an update on the golf course project at the January 2
Council meeting.
Chief Geis introduced new Police Officer William Morris who formerly worked for the
City of Bexley and the Franklin County Sheriff s Department.
Mayor Kranstuber welcomed Officer Morris to Dublin.
LEGISLATION
PUBLIC HEARING/SECOND READING - ORDINANCES
Ordinance 51-00 - An Ordinance Providing for a Change in Zoning for 25.8 Acres
Located on the Southwest Corner of Dublin Road and Tuttle Road, from: R-1,
Restricted Suburban Residential District, to: PLR, Planned Low Density
Residential District. (Llewellyn Farms South - Wuertz Property -. 4189 Tuttle
Road - Case File No. 00-024Z) (Applicant: National City Bank, Trustee of the Pauline
Wuertz Trust/ c/o Gary Moreland, 155 E. Broad Street, Columbus, OH 43215;
represented by Charles Driscoll, The Edwards Land Company, 500 S. Front Street, Suite
770, Columbus, OH 43215; and Ben W. Hale, Jr., Smith & Hale, 37 W. Broad Street,
. r--- Suite 725, Columbus, OH 43215.)
Ben Hale. Smith & Hale. representing the applicant requested that Council suspend
tonight's hearing and refer it back to Planning Commission so that the applicant can
continue to work with staff on the issues.
Mayor Kranstuber asked ifthere is any legal issue with Council taking this type of
action, noting that P&Z has recommended disapproval of the rezoning.
Mr. Smith responded that this is acceptable, adding that the intent of the applicant is to
present a substantially changed plan to P&Z with the hope of gaining approval. The
applicant recognizes that Council is unlikely to vote to override the recommendation of
Planning Commission.
Mr. McCash moved to refer the ordinance to Planning and Zoning Commission.
Mayor Kranstuber seconded the motion.
V ote on the motion - Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms.
Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes.
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Dublin City Council Meeting Page 3
DAYTON LEGAL BLANK INC. FORM NO, 10148
Held Decemher 11 ?OOO ,
, (YEAR)
Ordinance 132-00 - An Ordinance Providing fora Change in Zoning for 62.7 Acres
Located West of 1-270 and North ()fWoerner-Temple Road, from:: PCD, Planned
Commerce District, to: PCD, Planned Commerce District. (Thomas/Kohler PCD
Subarea A - Text Revision/File No. 00-106Z) (Applicant: Duke-Weeks Realty
Limited Partnership, c/o Mark Gialluca, 5600 Blazer Parkway, Dublin, OH 43017)
Ms. Clarke stated that this is a rezoning request for 62 acres in the Thomas Kohler
Planned Commerce District. It changes the parking standards for a series of three
proposed office buildings to be located in an area bounded by Parkwood, Emerald
Parkway, and Woerner-Temple. The proposal is to construct smaller office buildings
which would require fewer parking spaces per 1,000 square feet. There are also some
changes to the overall landscape plan, including elimination of the requirement to install
mounding in front of a pond, leaving it as a visual amenity. The application was
recommended by staff and by the Planning Commission. The plan permits larger water
features, less asphalt and preserves trees.
Mrs. Boring noted that staff had presented two options regarding landscaping changes at
a comer ofthe property.
Ms. Clarke stated that one ofthe comers will have stone walls, and another comer will
consist of vegetation and a pond.
Vote on the Ordinance - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes;
Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. McCash, yes.
Ordinance 134-00 - An Ordinance Providing for a Change in Zoning for 15.54
Acres Located Within Subarea F of Perimeter Center, on the East Side of
Perimeter Loop Road, Between Mercedes Drive and Perimeter Drive, from: PCD,
Planned Commerce District, to: PCD, Planned Commerce District. (Perimeter
Center Subarea F - Minor Revision - Enterprise Car Rental- 6652 Perimeter
Loop Road/File No. 00-100Z) (Applicant: DDR Continental L.P., 3300 Enterprise
Parkway, Beachwood, OH 44122)
Ms. Clarke stated that this is a rezoning proposal for 15.5 acres within the retail center
known as Perimeter Center. It does not include any outparcels or any of the other
subareas within the Perimeter Planned Commerce District. Specifically, it will add a
land use in the retail center - an auto-oriented commercial use. Currently, auto-oriented
uses are conditional uses in all commercial districts. Auto-oriented uses are those that
require a vehicle to be serviced, as in a drive through, or a service directly to or with a
car, i.e., a muffler installation or car wash. A car rental facility would therefore be
considered a conditional use. However, in a Planned Commerce District, the only land
uses available are those listed in the text, and car rental was not listed. This text change
will add car rental agency to the list of permitted uses within Perimeter Center. It is
treated as a conditional use. Enterprise Car Rental plans to lease space at the south end
ofthe Center, between The Table and Jersey Mike's. The conditional use has been
approved by the Planning Commission, conditioned upon approval of the rezoning by
City Council.
Ms. Chinnici-Zuercher asked where the rental cars will be parked.
Ms. Clarke responded that there is parking available behind the building, and outlying
,.- spaces available as well. Their practice is that employees bring the cars to the front door
for customers. A large part of the rental car fleet could be parked behind the building.
Ms. Chinnici-Zuercher asked about the number of cars in this fleet.
.........'''' Ms. Clarke estimated that it is approximately 20 cars, but she does not have that
documentation with her. That information would have been submitted as part of the
conditional use application and not as part of the rezoning.
Ms. Chinnici-Zuercher stated that the number of 20 was mentioned in an October 2nd
letter from Enterprise Rental to the City, but Enterprise is currently located in a car
dealership where the rental fleet is parked on the dealership lot. Moving this to a retail
center makes them more visible to the public.
She asked staff to confirm that 20 is in fact the maximum number of cars to be located
on the site, and that the rental fleet will be parked behind the building.
Ms. Clarke stated that this is correct.
V ote on the Ordinance - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr.
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Dublin City Council Meeting Page 4
DAYTON LEGAL BLANK INC. FORM NO 1 0148
Held Decemher 11, 2000 ,
(YEAR)
Peterson, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mayor KJanstuber, yes.
Ordinance 146-00 - An Ordinance Adopting the Annual Operating Budget for
-- 2001, and Declaring an Emergency.
Mr. Hansley stated that a memo from staff has been forwarded to Council which
summarizes the changes incorporated in the budget as a follow-up to the budget review
seSSIOns.
Mr. McCash, Finance Committee Chair, stated that they recommend adoption at this
time.
Mayor Kranstuber moved to treat this as emergency legislation.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes;
Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mayor Kranstuber, yes.
Vote on the Ordinance - Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Chinnici-
Zuercher, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes.
Ordinance 149-00 - An Ordinance Accepting the Lowest/Best Bid for the Coffman
Park Pond Renovation Project, and Declaring an Emergency.
Mr. Hansley stated that staff is recommending adoption by emergency in order to
preserve the bid price.
Mayor Kranstuber moved to treat this as emergency legislation.
Mr. Reiner seconded the motion.
V ote on the motion - Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner,
yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Peterson, yes.
Vote on the Ordinance - Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Peterson, yes;
- Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. McCash, yes.
Ordinance 150-00(Amended) - An Ordinance Amending the DubHn Traffic Code
Section Regarding Parking Restrictions in Residential Districts, and Declaring an
Emergency.
Mr. Hansley stated that an amended ordinance was provided to Council, based upon
comments made at the last meeting. A memo was forwarded to Council regarding those
changes as well as the status of the zoning code amendment related to parking
restrictions in residential districts.
Mrs. Boring asked about the scheduling of the zoning code amendment before P&Z.
Ms. Clarke responded that it is scheduled to be heard in January.
Mrs. Boring noted that the same revisions should be made to that ordinance as well.
Smith agreed.
Mayor Kranstuber moved to treat this as emergency legislation.
Mr. Adamek seconded the motion.
Mrs. Boring noted that discussion took place at the last meeting regarding notification to
the public of these changes, and the need to have a delayed effective date for the
ordinance to allow this communication to take place.
Following brief discussion, Mayor Kranstuber withdrew his motion and moved that the
effective date of the ordinance be 60 days after passage.
Mr. Adamek seconded the motion.
.--. Vote on the motion - Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms.
Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes.
Vote on the Ordinance - Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring,
yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes.
INTRODUCTION & FIRST READING - ORDINANCES
Ordinance 153-00 - An Ordinance Authorizing the City Manager to Execute an
Agricultural Lease for Certain City Owned Land, and Waiving Formal Bidding
Requirements of Chapter 721 of the Ohio Revised Code.
Mayor Kranstuber introduced the ordinance.
Mr. Hansley stated that in this case, staff is recommending the highest bid for an
agricultural lease ofthe City's land. Staff requests that it be held over for second
reading at the January 2 Council meeting.
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Dublin City Council Meeting Page 5
DAYTON LEGAL BLANK INC FORM NO. 10148
Held f)p,e,p,mhp,r 11, ?OOO ,
(YEAR)
Ordinance 154-00 - Annual Appropriations Ordinance - An Ordinance to
Establish Appropriations Based on the 2001 Operating Budget of the City of
Dublin, State of Ohio, for the Fiscal Year Ending December 31, 2001.
--- Mr. Adamek introduced the ordinance.
Ms. Grigsby stated that this is companion legislation to the 2001 operating budget and is
required by law prior to any expenditures for 2001.
Mr. Hansley stated that staff is requesting that Council dispense with the public hearing.
Mr. Adamek moved to dispense with the public hearing.
Mr. Reiner seconded the motion.
V ote on the motion - Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash,
yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes.
Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash,
yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes.
Ordinance 155-00 - An Ordinance Authorizing the City Manager to Grant a
General Right-of-Way Permit to Metromedia Fiber Network Services, Inc., and
Declaring an Emergency.
Mr. Adamek introduced the ordinance.
Mr. McDaniel stated that this ordinance is similar to those recently approved for Time
Warner and Ameritech. It grants a general right-of-way permit to Metromedia Fiber
Network Services, Inc., and Ordinance 159-00 grants the same to XO, Ohio, previously
known as NextLink Ohio. Both companies have decided to enter into the DubLink
system and will provide competitive phone service in the Dublin area.
Mr. Adamek moved to dispense with the public hearing and treat this as emergency
legislation.
"..-- Mr. Reiner seconded the motion.
V ote on the motion - Mr. Peterson, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes;
Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes.
V ote on the Ordinance - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms.
Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes.
Ordinance 156-00 - An Ordinance Authorizing a Contract with the City of
Columbus City Attorney's Office for the Prosecution of Criminal Cases in the
Franklin County Municipal Court, Criminal Division and for Representation of the
Bureau of Motor Vehicles for Certain Cases in the Civil Division of the Franklin
County Municipal Court, and Declaring an Emergency.
Mr. Adamek introduced the ordinance.
Mr. Hansley stated that this is a housekeeping measure done each year, and the
emergency action is requested to comply with the contract timeframe.
Mr. Adamek moved to dispense with the public hearing and treat this as emergency
legislation.
Mr. Peterson seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes;
Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes.
Vote on the Ordinance - Mr. McCash, yes; Mr. Adamek, yes; Ms. Chilmici-Zuercher,
yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
-,
Ordinance 157-00 - An Ordinance Amending the Annual Appropriations
Ordinance for the Fiscal Year Ending December 31,2000.
Mr. Adamek introduced the ordinance.
Mr. Hansley stated that the accompanying memo provides explanation of the various
appropriations requested at this time.
Mrs. Boring commented that it is important to note Dublin's contributions for road
improvements, in light ofMr. Hansley recent public comments regarding regional traffic
congestion.
Mr. Hansley stated that he attended a press conference today related to regional traffic
issues, and Columbus, Westerville and Dublin are examining ways to cooperate on road
projects. It was acknowledged that Dublin has more than done its share, yet traffic
congestion cannot be solved just by building roadways. Other alternatives will be
explored, aside from building roadways.
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Dublin City Council Meeting Page 6
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Decemher 11, 2000 ,
(YEAR)
Mrs. Boring noted that it is important to keep in mind that Dublin has more than done its
share in this regard, as Dublin is sometimes criticized for not having done enough.
Mr. McCash pointed out that Council recently received a memo about the fact that
~ Dublin is sharing the costs of a $90,000 study for an area bordered by the City of
Delaware, Westerville, and the east side of the Scioto. Even though the majority ofthe
area is outside of Dublin, Dublin is being asked to share equally in the costs.
Mr. Hansley stated that the share is still being negotiated. He added that the point was
made that congestion in Delaware County at Polaris would shift traffic over to other
areas, such as Dublin, so all areas share in the resulting traffic congestion.
Mr. Adamek asked if other entities, such as Worthington, will be asked to share in the
costs.
Mr. Hansley stated that the area under focus is incorporated areas of Franklin County,
such as the portion north ofl-270 and Worthington, which is incorporated Columbus.
Discussion took place today at the conference about involving townships and counties
north of Dublin and Worthington in this effort.
Mayor Kranstuber moved to dispense with the public hearing.
Mr. Adamek seconded the motion.
V ote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring,
yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Adamek, yes.
V ote on the Ordinance - Mr. Adamek, yes; Mr. McCash, yes; Mr. Reiner, yes; Mr.
Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
Ordinance 158-00 - An Ordinance Adopting Sections 135.20 Through 135.21 and
Amending Section 135.17 of the Dublin Codified Ordinances Regarding the
Distribution and Use of Tobacco Products by Persons Under the Age of Eighteen,
-- and Declaring an Emergency.
Mr. Adamek introduced the ordinance.
Ms. Chinnici-Zuercher, Public Services Committee Chair stated that the D.A.R.E.
students brought this issue to Council in the spring under Officer McKenna's leadership.
They requested that Council pass legislation prohibiting possession oftobacco by those
under age 18. Council referred the matter to the Public Services Committee, and the
meetings were delayed until school began in September so that the students could
participate in the deliberations. Two meetings were held, and the legislation is now
being brought to Council for consideration. Staff members involved were Stephen
Smith, Jr., Chief Geis, and several Dublin Police D.A.R.E. officers. Members of the
public involved were Dr. Rob Crane from OSU Medical Center, Christina Welter of
Tobacco Free Ohio, and representatives of the American Heart Association and the
American Lung Association. The State of Ohio also has been considering Senate Bill
218, and it has now been approved by the Ohio House and Senate and is awaiting
signature from the Governor.
She explained that the legislation being recommended mirrors the state legislation.
There are two versions offered to Council, and the primary difference with Version 2
relates to providing an affirmative defense in case someone is charged. Some groups
suggest that this affirmative defense language not be included, however the State version
does contain it. The Committee supports Version 2 which does not include affirmative
- defense language.
She noted that the primary issue which has not been dealt with in the ordinance is
whether or not vendors should be licensed. The Committee felt that more information is
needed on that topic before legislation is drafted. In addition, there is a companion
request for an attorney general's opinion which will be addressed following the
legislation.
Chresha Auck. American Heart Association clarified that the latest information on S.B.
218 is that it has not been concurred upon, and an abbreviated session has been
scheduled for tomorrow. In fact, the bill may die if concurrence cannot be obtained.
Mr. Peterson stated that the affirmative defense issue seems to relate to those furnishing
the tobacco products. If a juvenile is with a parent, the product can be sold to the parent,
but not to the juvenile, even though he is accompanied by the parent. The affirmative
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held Decemher 11 J ?OOO ,
(YEAR)
defense would actually be for the person furnishing the product claiming that the child
was accompanied by the parent, and not for the child claiming the affirmative defense
that the parent accompanied him.
......<.~ Mr. Smith agreed that this is correct. There seems to be a question by the Committee of
why the affirmative defense is included in the statute, because in most instances, if a
child is accompanied by an adult, the adult would be the purchaser of the product. What
the Committee focused on was what happens when a child attempts to purchase tobacco
products and indicates that his parent is nearby or in the car. Does that constitute giving
the clerk an affirmative defense in the case of selling tobacco to an underage person?
While there is no case law on point, adopting Version 2 which eliminates an affirmative
defense could result in a pre-emption issue with the state law. While the City has home
rule power, our laws cannot be in conflict with the state law. Version 1 is identical to
the legislation as passed by the State House and Senate, and which is the subject of a
meeting tomorrow.
Mrs. Boring stated that she supports Version 2, noting that minors cannot withdraw
money from their own bank accounts without a parent present. It makes no sense to
allow them to purchase tobacco without a parent present.
Mr. Peterson stated that after the elements of the offense are established, then the burden
shifts to the defendant to establish an affirmative defense. A jury would ultimately have
to accept the defense that the juvenile was actually accompanied by a parent, if a parent
was in the car or the back of the store.
There was no additional public testimony.
~
Mayor Kranstuber moved to dispense with the public hearing, to treat this as emergency
legislation, and to approve Version 2.
Mr. McCash seconded the motion.
V ote on the motion - Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs.
Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
Vote on the Ordinance (Version 2) - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber,
yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mr.
Peterson, yes.
Mr. McCash stated that in the Committee's discussions, two methods of regulating
tobacco were considered: (1) regulating the actual possession; and (2) having a vendor
licensing system where the City would issue a license to sell tobacco products within the
City, and upon violation ofthe provisions ofthe license, the City could revoke the
license and prohibit them from selling tobacco in the City. The issues identified related
to a tax license or tax on tobacco, and (1) could we require vendors to obtain a license to
sell tobacco products; and (2) ifthe City were to revoke the license due to non-
compliance with licensing provisions, could the City prohibit them from selling tobacco
as there is a tax license issued by the State Department of Taxation for collection of
cigarette tax. A question was raised whether this is in essence a franchise type of
arrangement given by the state to vendors to collect the tax, or a license to allow them to
~ sell tobacco. The City's Law Department's opinion was that the City could not license
vendors to sell tobacco, but an argument could perhaps be made both ways.
The Committee is therefore recommending that Council direct the Law Director to
request an Attorney General's opinion regarding the City's ability to require sellers of
tobacco products to obtain a license from the City; to determine whether that license can
be revoked based upon a violation of the provisions of the local ordinance regarding the
sale of tobacco products to minors; whether or not the City can prohibit the sale of
tobacco by non-licensed entities; and does the tax license issued by the Ohio Department
of Taxation prohibit a provision for license by the local government.
Mr. McCash so moved.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms.
Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes.
II I ': 1 'I, !i il'T'!1 P,'iIiTil!ill ..' .i, ,I."
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Dublin City Council Meeting Page 8
DAYTON LEGAL BLANK INC. FOAM NO 10148
Held T)p,r,p,mher 11 ?OOO ,
, (YEAR)
Ordinance 159-00 - An Ordinance Authorizing the City Manager to Grant a
General Right-of-Way Permit to XO Ohio, Inc., and Declaring an Emergency.
Mr. Adamek introduced the ordinance.
- Mr. Hansley stated that this permits use of the City's right-of-way as described by Mr.
McDaniel previously.
Mayor Kranstuber moved to dispense with the public hearing and treat this as emergency
legislation.
Mr. McCash seconded the motion.
Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor
Kranstuber, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes.
V ote on the Ordinance - Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr.
McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mayor Kranstuber, yes.
SPECIAL RECOGNITION/PROCLAMATIONS ( cont.)
Mayor Kranstuber invited the recipients ofthe first Spirit of the Season award to come
forward: the Ralph LeVan family, including Ralph, Beth Marsh, Matt and Andrew. He
read a proclamation in their honor, and Council Members congratulated them on this
very special honor.
Mr. LeVan spoke briefly, thanking Council for this recognition.
Mr. Adamek suggested that the comments which Andrew made at the Christmas Tree
lighting were not discemable because of the noise of the fire truck arrival. He suggested
that the Community Relations division work with him to have the important points of his
comments published in another City communication piece.
INTRODUCTION & PUBLIC HEARING - RESOLUTIONS
,.-.- Resolution 46-00 - A Resolution Extending the Term of a Member of the Planning
and Zoning Commission until March 31, 200l.
Mr. Adamek introduced the resolution.
Vote on the Resolution - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek,
yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
Resolution 47-00 - A Resolution Requesting the Delaware and Franklin County
Auditors to Draw and the Delaware and Franklin County Treasurers to Issue a
Draft to the Director of Finance of the City of Dublin for Any Money that May be
in the County Treasury to the Account of the City of Dublin.
Mr. Adamek introduced the resolution.
Mr. Hansley stated that this enables the City to request funds at the earliest date
permitted by state law.
Vote on the Resolution - Mr. Reiner, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher,
yes, Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mrs. Boring, yes.
Resolution 48-00 - A Resolution to Set Forth a Statement of Services to be Provided
to the Area in a Proposed Annexation of 5.651+/- Acres from Washington
Township, Franklin County to the City of Dublin, Ohio as Required by Section
709.031 of the Ohio Revised Code. (Norma J. Laurence, et al.)
Mayor Kranstuber introduced the resolution.
- Mr. Hansley stated that this legislation is required by state statute to be adopted prior to
the annexation hearing at the county. This annexation is in conformance with Council's
goal to annex the islands of township within the City limits. Staff is recommending
adoption at this time.
V ote on the Resolution - Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr.
Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes.
OTHER
Preliminary Plat - Hansel Property (Applicant Quin Abbey LLC, 6189 Memorial Drive,
Dublin,OH 43017; represented by Hockaden & Associates, c/o Kurt Ziessler, 883
North Cassady Avenue, Columbus, OH 43219)
Ms. Clarke noted that this is a preliminary plat for five acres on the west side of Avery
Road. The proposaUs to establish four lots, with a density ofless than one unit per acre.
It is for development in an R-1 district. There will be four lots fronting on Avery Road,
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Dublin City Council Meeting Page 9
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held f)ec..emher 11, 7nnn ,
(YEAR)
with a bikepath in front of the lots. There will be no new road construction. It was
reviewed by Planning Commission on November 2nd, and they recommended approval
unanimously with 13 conditions. Staff raised an issue with the fact that utility providers
..r-- are not shown on the preliminary plat; they will be shown on the final plat. The second
issue relates to the bikepath, which is only schematically represented and not exactly as
it will be in the field.
Mr. Adamek asked who will be responsible for hammerheading the stub street behind
this area.
Ms. Clarke stated that it will be handled by this developer.
Mrs. Boring noted that she would like more clarification in Condition #5 related to the
bikepath, so that confusion does not occur later about its placement.
Ms. Clarke stated that staff will make a note to follow up on this item with the
construction documents.
Mrs. Boring moved to amend Condition #5 to indicate that the bikepath easement will
follow a meandering route to be approved by City staff.
Mr. Reiner seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner,
yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes.
Vote on the plat - Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms.
Chinnici-Zuercher, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, yes.
Final Plat - Westbury Section 6. Phase 1 (Applicant: Mil Schottenstein Homes, Inc.,
c/o Dave Tyndall, 3 Easton Oval, Suite 540, Columbus, OH 43219; represented by
- Jason Coffee, R.D. Zande & Associates, Inc., 1237 Dublin Road, Columbus, OH
43215; and Ben W. Hale, Jr., Smith & Hale, 37 W. Broad Street, Columbus, OR
43215)
Ms. Clarke stated that these plats were delayed pending completion of the bridge on ..
Wareham Drive, which is the northern extension from Tullymore that completes the new
west of Avery corridor from Brand Road down to Fallen Timber. The Planning
Commission recommending approval on November 16 of Section 6, Phase 1 with the
four conditions listed in the Record of Action.
Mayor Kranstuber moved approval ofthe final plat of Westbury Section 6, Phase 1.
Mr. Peterson seconded the motion.
Vote on the motion - Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes;
Mrs. Boring, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Peterson, yes.
Final Plat - Westbury Section 6. Phase 2 (Applicant: M/I Schottenstein Homes, Inc.,
c/o Dave Tyndall, 3 Easton Oval, Suite 540, Columbus, OR 43219; represented by
Jason Coffee, R.D. Zande & Associates, Inc., 1237 Dublin Road, Columbus, OH
43215; and Ben W. Hale, Jr., Smith & Hale, 37 W. Broad Street, Columbus, OH
43215)
Mr. Adamek noted that there had been some discussion about the temporary haul road
and destruction of trees. This is the second instance of tree removal for this tract. The
first tree removal was in the park where the sewer line was installed without the City
-- being aware that trees would be removed, and trees were then removed for the haul road
installation. He asked staff for clarification of whether the trees removed had been
deeded to the City.
Mr. Hahn responded that most of the tree destruction was within what was to be
Westbury parkland, but it had not been deeded to the City at the time of destruction.
Mr. Adamek asked what restitution will be made for the tree removal, in view ofthe two
areas where trees were removed by the developer. A working arrangement should be
agreed upon with this developer to make amends. He would like to see something done,
i.e., a connection between the two parks - perhaps a wood chip path with a nature walk
or an asphalt path. He would like to see the end result be aesthetically pleasing.
Mr. Hahn responded that staffs intent is to replant a substantial portion of the trees
removed with native Ohio woodland trees, paid for by the developer.
Mr. Adamek asked if these would be in addition to the developer's current obligation to
the City under the tree preservation plan.
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 1 0
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Decemher 11 ?OOO ,
> (YEAR)
Mr. Hahn stated that he does not believe this is the understanding. There are a certain
number oftrees to be replaced in Westbury as a whole, and this is the zone in which they
will be replaced.
"'""<~ Mr. Adamek stated that he is frustrated, as the City wanted to preserve four acres of trees
in the parcel to the west and so a tradeoff was done. The City was then lax in overseeing
the tree preservation for this development. He would request that staff make every effort
to obtain additional tree replacement, over and above what they were required to replace.
Ms. Clarke stated that the developer was cited into Mayor's Court, and has a plan to
replace trees in conformance with the Code based on the destruction involved with the
haul road. The trees removed for the sewer line are also being replaced on an inch for
inch basis, per the provisions of the tree preservation ordinance.
Mr. Adamek stated that he also wants to see additional enforcement of "no through
construction" through existing neighborhoods. Their neighborhood continually
experiences high-speed truck traffic from the nearby construction.
Mr. Kindra and Chief Geis will take whatever steps are necessary to address this
situation, including revised signage and stepped up enforcement.
Mayor Kranstuber moved to approve the final plat of Westbury Section 6, Phase 2.
Mr. Peterson seconded the motion.
V ote on the motion - Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms.
Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes.
Council Round Table/Committee Reports
Mr. Peterson thanked everyone for the many gifts and cards he and SOlIDi received upon
the birth of their first baby. He noted that their baby girl was born during the
Michigan/Ohio State football game on Saturday, November 18! Sonni and baby Tatum
~ Elizabeth are home and doing fine.
Mr. Reiner, Community Development Committee noted that the Committee met on
December 6. He reported the following:
1. In regard to Old Dublin, negotiations are continuing to obtain land for parking.
Approximately $500,000 has been budgeted for Old Dublin, and the Committee
will be bringing some priorities to Council regarding parking improvements and
crosswalks. The parking coordinator will be retained at a cost of approximately
$25,000 to $30,000.
2. In regard to the policy regarding fee waivers for the tree preservation ordinance,
staff will bring an amendment to the tree preservation ordinance to Council.
3. The zoning code consultant has found that the Dublin code is more complicated
than anticipated, and more time is needed for preparation of the draft. This will
be brought to the Committee early in 200l.
Mrs. Boring reported the following:
l. Planning & Zoning Commission has asked that the external design code
ordinance be brought back to the Commission for review. Staffis still working
on revisions, as there are some complex issues involved. A motion was carried
to table the ordinance until the second January meeting ofP&Z.
Mr. McCash stated that he had previously forwarded an ordinance regarding a point
,..-. system used by a city in Texas.
Mrs. Boring recommended that he contact Ms. Susong regarding this item.
2. She expressed hope that entities other than the three cities of Westerville, Dublin
and Columbus should share in the costs of a study regarding traffic congestion.
But a more important issue is to secure cooperation from adjacent cities and
townships regarding density and zoning matters, to avoid development of big box
retail which impacts traffic.
3. Washington Township trustee Ruth Reiss was appointed to Franklin County
Planning Commission as an at-large representative.
Mr. Hansley clarified that Franklin County Commissioners' decision to have their own
planning staff versus having MORPC perform this function has impacted MORPC's
budget by over $100,000. In addition, the Commissioners will make similar cutbacks
with MORPC for Community Development Block Grant programs and other related
grant programs, and these cuts will impact the revenues for MORPC by $700,000.
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Dublin City Council Meeting Page 11
DAYTON LEGAL BLANK INC. FOAM NO. 10148
Held Decem her 11 , 2000 ,
(YEAR)
Many would agree that these decisions were made by the Commissioners somewhat in
retaliation for MORPC's position on growth, development and watershed issues, and
that the Commissioners' decisions are not in the best interests ofthe county. The
........-, Columbus Dispatch has strongly opposed these decisions in recent editorial columns.
4. Mrs. Boring closed by wishing a Merry Christmas to everyone!
Ms. Chinnici-Zuercher reported:
1. She recently attended the National League of Cities conference in Boston. She noted
that Dublin should take the lead in conducting workshops at NLC, as Dublin is very
progressive and has a responsibility to help train others.
2. Mr. Kindra sent a memo to Council regarding the Riverside Drive speed reduction
request by a resident. His memo indicates that any speed reduction is under the
jurisdiction ofODOT. It would be Dublin's decision, however, whether or not the
speeding issue on Riverside Drive north of Orchard Crest warrants a speed limit
study being commissioned by Dublin's Engineering staff. Upon completion of such
a study, a request to lower the speed limit could be forwarded to ODOT.
In response to Ms. Chinnici-Zuercher, Mr. Kindra indicated that the cost of such a study
would be under $10,000.
Ms. Chinnici-Zuercher asked for input from Council.
It was the consensus of Council not to lower the present speed limits in place on
Riverside Drive.
Ms. Chinnici-Zuercher noted that she will inform the resident that Council does not have
an interest in lowering the speed limit in this area.
Mrs. Boring added that the East Dublin Civic Association has monitored the speeding
situation and accident frequency along Riverside Drive, but subsequent to the
r- installation of the bridge and the traffic lights at various intervals on Riverside Drive, the
safety has improved. The Police target this area for speeding enforcement which has
~ also helped to improve safety.
3. She reported that a Post Road resident recently requested approval from BZA for a
fence, and they were instructed to come to Council to obtain clarification regarding
the intent of the fencing ordinance approved by Council. What is the status of this
case?
Mr. McCash stated that his understanding is that the application was tabled by BZA.
Ms. Clarke stated that the applicant was instructed to review the practical difficulty
standard for a hardship, and to put together a proposal based on that practical difficulty.
There is a provision under the revised fence ordinance that permits perimeter fences for
lots that are 30,000 square feet or % acre. Those along Post Road are 20,000 square feet
or Y2 acre. The direction given to the applicant was to reformulate his case to
demonstrate practical difficulty, in the hope of obtaining approval.
Mrs. Boring asked if Council's recently approved fence ordinance has generated many
requests for variances from BZA.
Ms. Clarke responded that there was a large number ofBZA cases related to fence
permits on the last agenda, and she is not certain why they all came at one time. The
amendments to the ordinance have generated some variance requests, as not all residents
agree with the fencing provisions and will use any legal remedy to obtain such permits.
4. Ms. Chinnici-Zuercher noted that at the Public Service Committee meeting of
..- November 27, Dr. Crane raised the issue that he believes that Schottenstein, Zox and
Dunn have served as legal counsel for tobacco companies and therefore had a
conflict of issue with the tobacco legislation.
Mr. Smith responded that his firm performed a conflict check on this, and SZD does not
represent any tobacco companies. SZD was asked to be involved in the recent tobacco
litigation, but declined.
5. Ms. Chinnici-Zuercher noted that she will be out ofthe country from January 10
through January 25 and will miss the January 16 Council meeting.
Mr. McCash wished everyone a very Merry Christmas!
Mr. Adamek reported:
1. Thanks to Ms. Puskarcik for her diligence in revising the Council
Communications Plan for review. Ms. Puskarcik has suggested scheduling a
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Dublin City Council Meeting Page 12
DAYTON LEGAL BLANK. INC.. FORM NO. 10148
Held f)p,("p,mhp,r 11 ?OOO ,
, (YEAR)
Committee of the Whole review meeting early in January, if possible.
Following discussion, the consensus of Council was to meet on Monday, January 8 at 7
p.m. to review the Strategic Communications Plan.
,.- 2. He will be out of town on business from January 2nd through January 5th and
will therefore miss the January 2nd Council meeting.
Mayor Kranstuber commented:
1. Thanks to staff for the Holly Days report. The event was very nice, and he has
made a couple of suggestions to staff for next year.
2. Happy Holidays to everyone!
Mr. Maurer thanked Council for the gift, and noted that he has tremendous respect for
Dublin City Council and for Dublin staff. He holds the conviction that local
government, by minute and square foot, accomplishes more than any other form of
government. He thanked Council for all of their hard work.
Mayor Kranstuber moved to adjourn to executive session for land acquisition matters.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes;
Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes.
Mayor Kranstuber noted that the meeting will not be reconvened following the executive
seSSIOn.
Th ee was adjourned to executive session at 9: 1 0 p.m.
,--
~(l~
Clerk of Council
,-.-