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HomeMy WebLinkAbout09/20/2004 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC. FORM NO. 10148 September 20, 2004 Held 20 Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, September 20,2004 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Ms. Salay led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, Mr. Reiner and Ms. Salay. Mr. McCash was absent (excused). Staff members present were: Ms. Brautigam, Ms. Readier, Ms. Grigsby, Mr. Ciarochi, Mr. McDaniel, Mr. Harding, Ms. Puskarcik, Mr. Bird, Mr. Hahn, Ms. Gilger and Lt. Hirschy. APPROVAL OF MINUTES Mr. Lecklider moved approval of the minutes of the meeting of September 7,2004. Mr. Reiner seconded the motion. Mr. Keenan noted that in regard to the cemetery discussion, it was the intent of his motion (on page 11) to direct staff to consider acquisition of both sides of Monterey Drive - the east side for the cemetery expansion and the west side for potential parkland expansion. Council concurred that staff was directed to consider acquisition of both the east and west sides of Monterey Drive, per the discussion. The Clerk noted that she will clarify the minutes to reflect this. Vote on the minutes as corrected: Mr. Reiner, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. CORRESPONDENCE The clerk reported that no correspondence requiring Council action has been received. SPECIAL RECOGNITION/PROCLAMATIONS Mayor Chinnici-Zuercher recognized Honda of America Manufacturing on their 25th anniversary in Ohio, as well as the companies associated with Honda in Central Ohio. She noted that Dublin has benefited substantially from Honda, with the financial contributions to the Glacier Ridge Metro Park, the Japanese Festival at Dublin Scioto High School and the many jobs provided through Honda and their affiliated companies. Honda of America representatives accepting the proclamation were Bill Konstantacos, Tom Shoupe and Dan Smith. In addition, the following companies associated with Honda also received proclamations: Hidaka USA, Inc., Daishin Industrial U.S.A. Co. Inc., KNB Tools of America, Inc., Motoman Inc., Nissin Travel Service USA, Inc., Nissin U.S.A. Inc., Rikenkaki America Corp., Sakurai U,S.A. Inc., Toagosei of America, Inc.,Tokiwa Sangyo Co., Ltd., Tomita U.S.A. Inc., Unitek Miyachi Corporation and Meiko America, Inc, Sergeant Dejarnette of the Dublin Division of Police introduced Dave O'Meara of Caswell International Corporation and ASLET (American Society of Law Enforcement Trainers). At the January ASLET conference, Dublin Officer Jacob Stoll received the 'Top Gun" award. He was chosen over 49 participants in an event which tested physical agility and mental acuity for shooting accuracy and which included a timed obstacle course. Mr. O'Meara presented Officer Stoll with the award. Council Members congratulated Officer Stoll on this achievement. CITIZEN COMMENTS Scott Drinq, DCVB Executive Director provided Council with an update regarding activities of the Bureau during the last quarter and distributed the quarterly report. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INC.. FORM NO. 10148 ~eptember ~u, ~UU4 ~age ~ Held 20 Mayor Chinnici-Zuercher congratulated Mr. Dring and his staff for receiving five Middy Awards from the Ohio Association of Convention & Visitor Bureaus for various programs and print communication pieces. Wallace Maurer, 7451 Dublin Road stated that: 1. He read the City Manager's column in the newspaper regarding customer satisfaction. He had a recent positive response regarding his request to the City to pick up tree branches. The response was immediate and he was very grateful. 2. In regard to the smoking ban, there are five suburbs of Columbus which have already passed the ban without waiting for the outcome of the Columbus referendum. These actions speak for themselves. 3. At the last Council meeting, the Bishop's Crossing final plat was approved. He recalls that there was a potential problem of speeding which came up at the time the previous Engineer brought the preliminary plat before Council. At the time, Mr. Lecklider indicated that he was hopeful that the City could come up with a new solution to the speeding problem. There had been a suggestion from Mr. Kindra at the time, and he is not certain whether this was brought forward. Perhaps Mr. Kindra could be contacted to obtain this information first-hand. With all of the discussion regarding speed humps and traffic calming, this would be prudent. Mr. Lecklider clarified that several of the smoking bans approved by the suburbs are not effective until January of 2005 and could be modified or repealed, depending upon the outcome of the election. The Public Services Committee will meet on Monday, September 27 to review this matter. Fred Forbes, 8397 Kirkaldv Court, Dublin presented a petition to Council from the residents of Kirkaldy Court requesting that the City decrease the posted speed limit to 25 mph along Memorial Drive from Dublin Road to Muirfield Drive; that the police division create radar speed traps and increase the patrol of this portion of Memorial Drive; and that Engineering be directed to determine a solution to eliminate speeding on this section of Memorial Drive through the installation of three or more speed bumps or installation of two or three stop signs with flashing warning lights on Memorial Drive. He specifically requested that the speeds be measured at or near the intersection of Kirkaldy Court with Memorial Drive. He cited the fact that traffic consistently travels 45 to 50 mph on this portion of Memorial Drive, and the curves and hills impact the site distance and contribute to a very dangerous situation. Ms. Brautigam stated that staff will investigate and provide a report back to Council. Mr. Lecklider suggested that there is a City publication regarding traffic calming which could be provided to the residents. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES BID ACCEPTANCE Ordinance 60-04 Accepting the Lowest/Best Bid for the Justice Center Sallyport Addition Project. Ms. Brautigam reported that there is no further information on this matter. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes. Ordinance 61-04 Accepting the Lowest/Best Bid for the Fleet Center Floor Project. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 -sepTemoer LU, LUU4 t"'age " Held 20 Ms. Brautigam stated that there is no additional information from staff regarding this matter. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes. Ordinance 62-04 Accepting the Lowest/Best Bid for the Shannon Glen Park Development Project. Ms. Brautigam reported that there is no additional information from staff regarding this matter. Vote on the Ordinance: Mr. Keenan, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mrs. Boring, yes. Ordinance 63-04 Accepting the Lowest and Best Bid for the Dublin Police Command Post Trailer and Authorizing the City Manager to Enter into a Contract for Procurement of Said Commodity. Ms. Brautigam reported that there are no changes subsequent to the last reading. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes. CITY/TOWNSHIP AGREEMENT Ordinance 64-04 Authorizing the City Manager to Enter into an Agreement with the Board of Trustees of Washington Township, Located in Franklin, Delaware and Union Counties, Ohio for the City of Dublin to Provide Communication Services. Ms. Brautigam reported that there are no changes subsequent to the last reading. Wallace Maurer, 7451 Dublin Road inquired about the funding of the equipment and labor for the township fire department. Ms. Brautigam responded that all of the residents of Washington Township, which includes all of the City of Dublin pay taxes which support these services. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes. ECONOMIC DEVELOPMENT AGREEMENT Ordinance 65-04 Authorizing the Provision of Certain Incentives for Purposes of Encouraging Hidaka USA, Inc. to Expand Its Workforce Within the City, Which Include Declaring Improvements to a Certain Parcel of Real Property to Be a Public Purpose, Describing the Public Infrastructure Improvements to Be Made to Benefit that Parcel, Requiring the Owner Thereof to Make Service Payments in Lieu of Taxes, Providing for the Franklin County Treasurer to Distribute Service Payments to the Dublin City School District in the Amount That the School District Would Otherwise Receive Absent the Exemption, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, and Authorizing the Execution of an Economic Development and Tax Increment Financing Agreement. Ms. Brautigam stated that additional jobs will be created under the terms of this agreement. Mr. Hidaka is present tonight in support of the ordinance. Ms. Gilger stated that this ordinance relates to a third expansion at Hidaka. The incentive is tied to job growth and their expansion, and a training and equipment grant is included. The incentive is for a five-year period with a maximum cap of $55,000. Mayor Chinnici-Zuercher commented that the City is very excited with yet another expansion of Hidaka in Dublin. The City looks forward to attending the opening of their expanded facility in the future. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 ::>eplemOer LU, LUUq t-'age q Held 20 Wallace Maurer, 7451 Dublin Road noted that he has immense respect for the Japanese people and for Japanese enterprise. His experience with them is that they are very disciplined and possess sanctity in their work. There is likely no need for a written contract, as their handshake would be sufficient. He added that he has a generic question about the incentive process, but will save this for a later date under the citizen comment portion. Vote on the Ordinance: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. INTRODUCTION/FIRST READING - ORDINANCES CODE AMENDMENT Ordinance 66-04 Amending the Provisions Relating to Political Signs in Section 153.157(G) of the Dublin Codified Ordinances and Declaring an Emergency. (Request to dispense with public hearing) Mr. Lecklider introduced the ordinance. Ms. Readier stated that this ordinance eliminates the durationallimits of the display of political signs, in keeping with a 2000 Ohio Supreme Court case from Painesville, Ohio. Staff is recommending passage as an emergency due to the timing of the election season. Mrs. Boring asked what kind of liability the City would incur if the Code were not amended. Ms. Readier responded that the ACLU has been involved in these matters and there is a likely challenge in a presidential election year. Mrs. Boring asked for clarification that if there are no limitations on the duration of sign posting, could political signs be posted 365 days of the year? Ms. Readier responded that this is correct. Mayor Chinnici-Zuercher asked about the sign removal portion of the Code. She was not aware of a prohibition imposed by the Supreme Court case in terms of removal of signs following an election. Ms. Readier responded that the decision states that the ordinance which precludes the erection of political signs for a period of 17 days before the election and 48 hours following the election was found to be unconstitutional. Mr. Lecklider stated that if the point in time for erection of political signage cannot be limited, why then can't the ordinance include a certain period following the election for the signs to be removed? The issue would be decided at that point. Ms. Readier responded that the removal cannot be linked to a specific point in time, such as an election. The court found that this would effectively prohibit a political message and determined that to be unconstitutional. She noted that the case did not address the aesthetics issues related to the appearance of such signs, and perhaps that could be addressed locally in some manner. Mayor Chinnici-Zuercher suggested an amendment that would require that signs be maintained in good condition. Discussion continued. Mayor Chinnici-Zuercher suggested that the 30-day prior limitation be included, but that the 7 days following the election be left in. It could be amended if challenged. Ms. Readier stated that this would be unconstitutional according to the court decision. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC, FORM NO. 10148 ~eptemoer LU, LUU4 t-'age ::> Held 20 Ms. Readier proposed an amendment that any deteriorating sign must be removed and replaced within a reasonable time period. That would address the aesthetics issue. Discussion continued. Mr. Keenan stated that the substantive issue is with the constitutionality of the local ordinance. Wallace Maurer. 7451 Dublin Road stated that he has no faith or belief in political signs and believes they should be abolished with one proviso: that anyone who installs a political sign should at some public site, such as the newspaper, make it clear what they are supporting with their sign. Otherwise, the signage contributes to polarization, which translated means, "premature conclusions" or contributes to flattening of thinking. There needs to be an unceasing discussion of these issues. Political signs evoke a stock response, and can bring violent reactions. Ms. Readier suggested adding the following language at the end of Section G: "Such signs shall be removed and may be replaced in the event the sign is torn, broken, tattered or is otherwise in an unsightly condition." Mr. Lecklider moved approval of the ordinance with the amendment. Mr. Reiner seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. Mr. Reiner moved to dispense with the public hearing and treat this as emergency legislation. Mr. Keenan seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. INTRODUCTIONIPUBLlC HEARING - RESOLUTIONS SPEED LIMIT REDUCTION Resolution 35-04 Reducing the Speed Limit on Hyland-Croy Road within the Corporation Limits of the City of Dublin from 55 Miles Per Hour to 45 Miles Per Hour, in Cooperation with the Union County Commissioners' Reduction of the Speed Limit from 55 Miles Per Hour to 45 Miles Per Hour within Union County from Park Mill Drive to McKitrick Road. Mr. Lecklider introduced the resolution. Mr. Hammersmith stated that this formalizes the journalization of the speed limit reduction from 55 to 45 mph on a portion of Hyland Cray within Dublin's corporate limits, south of Brand Road. Mayor Chinnici-Zuercher thanked staff for their timely response to the issue. Mr. Keenan asked if there is a notice advising motorists of this change. Mr. Hammersmith responded that Union County will provide this signage, but he will check to ensure it is in place. Vote on the Resolution: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. OFFICIAL CERTlFICA TlON OF ESTIMA TED RESOURCES FOR 2005 Resolution 36-04 Accepting the Amounts and Rates as Determined by the Budget Commission and Authorizing the Necessary Tax levies and Certifying Them to the County Auditor. Mr. Lecklider introduced the resolution. Ms. Brautigam stated that this is an annual requirement for the county auditors. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 ::;eptemoer LU, LUU4 t"'age 0 Held 20 Vote on the Resolution: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. ~~ AUCTION OF SURPLUS PROPERTY Resolution 37-04 4M."--~ Declaring Certain City-Owned Property as Surplus and Authorizing the City Manager to Dispose of Said Property in Accordance with the Ohio Revised Code, Section 721.15. Ms. Salay introduced the resolution. Ms. Brautigam stated that this is done annually and provides for auction of items owned by the City which are no longer useful. The auction will be held in early November. Mr. Keenan asked about the mileage on the police cruisers that are included in the auction. Lt. Hirschy responded that, typically, the mileage is 80-90,000, and a determination is made by the fleet manager about the condition of the vehicle. Vote on the Resolution: Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. OTHER . Final Plat - Tartan West - Corazon Drive - Subareas 0, E, F, J and L (Case No. 04-006FDP) Mr. Bird stated that a memo is included in the packet regarding this item. There were no questions from Council. Mr. Reiner moved approval of the final plat. Mrs. Boring seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes. . Final Plat - Tartan West, Section 4, Parts 1 and 2 - Subareas C and 0 (C~se No. 04-056FDP) Mr. Bird noted that a memo is included in the packet regarding this item. There were no questions from Council. Mr. Reiner moved approval of the final plat. Mrs. Boring seconded the motion. Vote on the motion: Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Ms. Salay, yes. . Appointment of Council Representatives to U.S. 33 Corridor Subcommittees Ms. Brautigam stated that a variety of subcommittees were established at the recent U.S. 33 Corridor meeting. They requested that Dublin provide elected officials as representatives to the subcommittees. She will also include staff member liaisons to assist the Council Member representatives and to attend in a case where a Council Member is unable to attend. The three subcommittees are: Land Use, Traffic and Utilities. Each subcommittee is to have one person assigned to call the first meeting, and Dublin will call the first meeting for the Utilities Subcommittee. Staff will contact the Marysville clerk tomorrow to obtain the names of the subcommittee members. It is likely that the meetings will be held in the evenings in the Marysville area. Following brief discussion, it was determined that Mr. Keenan will serve on the Utilities subcommittee, Mr. Lecklider will serve on the Land Use subcommittee, and Mayor Chinnici-Zuercher will serve on the Traffic subcommittee. CITY MANAGER/STAFF REPORTS There were no reports from staff. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 ~eptemoer LU, LUU'+ r-age ( Held 20 Mr. Reiner asked about the date for the Public Services Committee meeting regarding the no smoking legislation. Ms. Salay stated that the meeting is set for 7 p.m. on Monday, September 27 in Council Chambers. Mrs. Borinq noted that the Board of Zoning Appeals has a large upcoming meeting agenda. New members have been appointed recently, and she asked about the training provided to the members regarding hardship cases. Ms. Readier responded that there is a regular orientation for new BZA members and memos have been provided by the Law Department regarding the practical difficulty standard and the unnecessary hardship which are often applied by BZA. They will offer training as the need arises. Mrs. Boring responded that with the new membership, this training would be helpful. Mr. Bird added that there are programs offered in training packages available through the American Planning Association. Continuing education can be provided through these offerings. Mrs. Boring encouraged staff to provide copies of the memos regarding practical difficulty standards and unnecessary hardships in the upcoming BZA packet. Mr. Keenan. Finance Committee Chair noted that a meeting date should be set sometime in October to consider the issue of fee waivers for the future Arts and Music Festivals. He will look at some dates with Committee Members following tonight's meeting. "'"~ '"' Ms. Salay, Public Services Committee Chair reminded Council about the meeting regarding review of a clean indoor air ordinance. It will take place on Monday, 'Ji.l" September 27. She is considering taking public comment that evening, but envisions a larger town hall meeting specifically for that purpose. Monday's meeting will focus on the various options for ordinances and for enforcement. Mr. Lecklider noted that: 1. Hhe shares Mrs. Boring's observations regarding the BZA agenda items and the need for new member training in these matters. 2. In yesterday's Columbus Dispatch, there was an article regarding TIFs which focused on those in place in Dublin from 1999 until 2003. He is not personally aware of any Dublin TIF during this period which has been a non-school TIF. He asked for clarification. Ms. Grigsby responded that the only non-school TIFs were established in the early 1990's. In addition, there were two other TIFs established where the school district agreed to allow for a straight TIF without sharing of income tax revenue because of the benefit provided to the school district. Mr. Lecklider commented that perhaps Mr. Mohr's remarks were taken out of context, but the article implied that the City was in some way harming the schools. He is not certain how this can be clarified for the record. Ms. Grigsby stated that when she was interviewed by the reporter, she stressed .,.- that cities are responsible for economic development that provides financial benefit not only for the cities, but for the school districts, the townships and other .... '< jurisdictions. This, however, was not the focus of the article. Mayor Chinnici-Zuercher commented: 1. Children's Hospital will host a 2004 candidates' forum on children and youth on October 15 from 8 a.m. to 10 a.m. Candidates have been invited to attend this session, where questions regarding the candidates' position on issues will be posed by the sponsoring agencies, including Children's Hospital, Directions for Youth and Families and Kids Ohio.org. 2. A notice was received from NLC and from Columbus Council Member Tavares requesting that Councils consider passing a resolution called, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGALBlANK,INC" FORM NO. 10148 Held 20 "Resurrect the American Dream Day" which will be observed on September 28 across the country. It focuses on closing the gap between rich and poor in America. Locally, on September 28 from 6:30 to 8 p.m. at the Columbus Health Department on South Parsons Avenue, the National League of Cities and local officials will conduct a town meeting for open discussion of this matter. She can provide more information to those who are interested. ADJOURNMENT TO EXECUTIVE SESSION Mr. Reiner moved to adjourn to executive session at 8:25 p.m. for discussion of land acquisition matters. Mr. Keenan seconded the motion. Mayor Chinnici-Zuercher noted that the meeting will be reconvened following the executive session only to formally adjourn. No further action will be taken. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. The meeting was reconvened and formally adjourned at 9:15 p.m. .v ~C!-~ Clerk of Council