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HomeMy WebLinkAbout09/19/1994 RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Meeting DAYTON LEGAL BLANK Held September 19, 1994 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Joel Campbell at 7:30 p.m. on September 19, 1994. Mr. Strip led the Pledge of Allegiance. Members of Council present for roll call were: Mr. Kranstuber, Mrs. King, Mayor Campbell, Mrs. Boring, Mrs. Stillwell, Mr. Strip, and Mr. Zawaly. Staff members present included: Mr. Hansley, Ms. Grigsby, Mr. Banchefsky, Lt. Geis, Mr. McDaniel, Ms. Newcomb, Ms. Jordan and Mr. Lenz. Proclamation Mayor Campbell presented a proclamation to Dublin Police Chaplain Terry Hofecker. Chaplain Hofecker recently earned basic certification from the International Conference of Police Chaplains. Sergeant Hungler provided a brief description of the many functions performed by the chaplains who assist the Division of Police. Mayor Campbell thanked Chaplain Hofecker for all of the volunteer hours he has donated to the City in this capacity. Anaroval of Minutes of September 12. 1994 Meeting Mayor Campbell announced that approval of the minutes will be delayed until the next Council meeting since they have not been completed at this time. Correspondence There was no correspondence. Comments from Visitors There were none. Legislation Ordinance No. 51-94 - An Ordinance Amending the Codified Ordinances of Dublin, Ohio by . Adding Chapter 167 Establishing a Fee and Service Charge Revenue/Cost Comparison System. (Tabled at Third Reading) Mr. Hansley asked Finance Committee Chairperson Strip to comment on their review of the ordinance. Mr. Strip reported that the Committee reviewed the ordinance, endorsing a basic philosophy of 100 percent recovery on City services, with some minor exceptions, all contained in the report provided in the packet. At a later date, numbers will be incorporated for each service. On behalf of the Finance Committee, he moved adoption of the report. Mr. Zawaly seconded the motion. Mayor Campbell clarified that the actual charges will be enacted on an annual basis by separate ordinance. He asked if anyone present in the audience would like to comment. John McGor~re~resenting the Building Industry Association stated that he is distressed that developers are being singled out. The development community has made Dublin what it is today. He added that many people who live in Dublin depend on the housing industry for their livelihood. He noted that bureaucratic delays in Dublin are an ongoing concern with developers. He recommends that Council consider raising the fees gradually. Mrs. Stillwell responded that the development industry is not being singled out. The fees involve all services provided by the City. Tonight's vote will be on the concept of the percentage of fees recovered. She is hopeful that the increases can be staggered in some way. She would also like to F, find a way to measure the cost effectiveness and quality of the services delivered as a part of the fee. This would be a part of the next step where fees are set. _ Mayor Campbell stated that he had planned to vote against the ordinance until he spoke with Mrs. Stillwell today. Although he endorses the concept, he believed that the recovery of fees should not be 100 percent in the first year but perhaps 50 percent -the community needs time to become adjusted to the increases. He had concerns with how adoption of the policy would affect Dublin's reputation in the Central Ohio development community. He favors the concept, but emphasized that he will not vote for an ordinance that includes 100 percent recovery of fees in the first year. Discussion followed about the process where the City Manager will propose an ordinance with fees based upon the recovery percentage established within this ordinance. Concerns arose regarding adoption of this ordinance tonight which sets a policy for recovery and then not adopting later legislation setting fees in keeping with the policy. RECORD OF PROCEEDINGS Dublin City Council Meeting Page 2 Minutes of Meeting DAYTON LEGAL 6LANK 00., F RM September 19, 1994 Held 19 Mr. Kranstuber commented that he believes that the issues of phase-in or less than 100 percent recovery should be discussed now and not later. Mrs. King noted that she objects procedurally to reopening public testimony at the time of third reading, adding that this is not Council's normal process. Mr. McGory's intention is to generate controversy, and she feels he has greatly exaggerated the effects this ordinance will have on the development community. With this legislation, Council is attempting to provide a means by which Dublin can maintain its standards of service and quality of life for residents. This ordinance will free up resources that are currently subsidizing the special interest groups. Mrs. Boring stated that the developers who have testified are the very ones who install the streets which later must be repaved and resurfaced at great cost to the City. She believes that it is important for Council to consider the future needs of the community. She also advocates maintaining a specific account for maintenance of services. She endorses the passage of the legislation tonight. Mr. Zawaly commented that Mrs. King and Mrs. Boring share his view on the ordinance. He believes that Section 167.01 (c) of the Ordinance summarizes the intention of Council with this legislation. He strongly advocates recouping 100 percent of the fees where this ordinance calls for 100 percent. He is in favor of passage of the ordinance. Mr. Kranstuber pointed out that it is important to remember that these are not "impact fees". Council has decided that they no longer want to subsidize certain industries. He added that Council represents the citizens and the citizens have more of an interest in subsidizing Parks and Recreation programs than in subsidizing afor-profit industry. Mrs. Stillwell asked about the possibility of phasing in the increased fees. Ms. Grigsby responded that this can be done through the Master Fee Ordinance process which is the next step. Discussion followed about whether this ordinance would have to be amended if Council chooses to later set fees based on a lesser percentage of recovery. Mr. Kranstuber suggested that if there is consensus, an amendment could be drafted stating that this ordinance shall be phased in over athree-year period of time. He is not in favor of this, but if it is to be added, it should be incorporated tonight. Following discussion, Mrs. King noted that, procedurally, a motion is on the table to accept the Committee report. She asked that the question be called. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, no; Mrs. King, yes; Mrs. Stillwell, no; Mr. Strip, yes; Mrs. Boring, no; Mr Zawaly, yes. Mrs. Boring asked for clarification about Section 167.04(e) and whether the City Manager would have the ability to lower the fee recovery to 75 percent if there is an inequity. Mr. Hansley responded that it would take a recommendation from a department head. The fees can be temporarily suspended and then staff would have to report back to Council for further direction. There is an appeal process to City Council contained in the next section. Mr. Kranstuber expressed concern about this portion since it would give the City Manager a great deal of "unfettered discretion" . Mr. Zawaly suggested that the ordinance be referred to Committee again to review the actual language of each and every section. The previous review focused on the concept of 100 percent versus a lesser percentage of recovery of fees, Mrs. King suggested that a Finance Committee of the Whole take on this task. Mr. Zawwaly then moved to refer this ordinance back to the Finance Committee of the Whole to review the language and provide a recommendation to Council. Mr. Strip commented that it is important to note for the public that Council has expended a great deal of time in review of this ordinance because they care enough to restudy it. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK Held September 19, 1994 19 Mrs. King believes that the purpose of this ordinance is to ensure that they are stewards of the assets of the City and that they act in a way that carries out that stewardship on behalf of the whole community. She is hopeful that specific funds can be set aside to take care of the long-term „ maintenance of the assets of the City. Discussion followed about the motion to send this back to Committee. Mrs. Stillwell suggested that by motion, Council could direct staff to address the concerns voiced this evening by Council prior to the next reading. Mrs. Boring stated that she would be more comfortable with review by the Committee which would allow more careful study. Mr. Kranstuber noted that discussion has involved two issues: the procedural language, and the potential amendment for phase-in. Mayor Campbell asked if there was any interest in revisiting the language of the "unfettered discretion of the City Manager". Four people indicated an interest. He asked if there was any interest in looking at perhaps atwo-step process of implementation. Less than four indicated interest in this. Mrs. King indicated a willingness to send this back to Committee to get consensus on this important legislation. If there are only two main issues, however, perhaps an amendment could be brought forth tonight. The ordinance could then be revisited following a period of time after implementation. Mr. Strip summarized that each Council member has some concern about a portion of the ordinance as demonstrated by tonight's lengthy discussion. He does not believe Council is ready to vote at this time. The right thing to do is to send it back to Committee. * Mr. Strip noted that, upon careful review, there is no provision for waiving or appeal. Mr. Strip said that when he said earlier that it could be waived, he was incorrect. It cannot be waived, it can't be appealed. The City Manager section does not trouble him at all. Mr. Strip stated that each Council member is uncomfortable with something in this ordinance. The fact that they spent over a hour discussing this is proof that they are not really ready to vote on it and adopt it. The only way to do it right is to take the time and reach possible consensus. The only sensible thing is to send it back to committee. Mr. Kranstuber seconded Mr. Zawaly's motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mrs. Boring, yes. Mr. Strip suggested that the clerk poll Council members on an acceptable date for a meeting. Resolution No. 12-94 - A Resolution Authorizing the City Manager to Convey a Right of Way Easement to the Columbus Southern Power Company Which Will Serve Safety Solutions, Inc. for the Purpose of Crossing City Property. (Third Reading) Vote on the resolution -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Ordinance No. 83-94 - An Ordinance to Appropriate Funds for and Accepting the Lowest/Best Bid for the Coffman Road Bridge Landscaping Project. (Second Reading) Mr. Hansley stated that Ms. Newcomb had prepared a memo included in the packet responding to concerns Council members had raised at the last meeting. Mrs. Boring commented that the landscaping project is actually a small percentage of the overall bridge widening budget. The Willow Grove residents have also agreed to maintain the portion of the landscaping on the right-of--way. She endorses adoption of the ordinance. Mayor Campbell thanked Ms. Newcomb for the detailed memorandum provided to Council. He added that the landscaping will mitigate the impact of the bridge widening on the Willow Grove residents. Jim Fox, Willow Grove resident thanked Council for their support. There will be a third reading at the October 3 Council meeting. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK O.. F R Held September 19, 1994 19 Ordinance No. 84-94 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1994, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that staff is requesting passage by emergency tonight. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Zawaly, no; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, no; Mrs. King, yes. Ordinance No. 85-94 - An Ordinance Designating Financial Institutions as Public Depositories. (Second Reading) There were no questions from Council. There will be a third reading of the ordinance at the October 3 Council meeting. Ordinance No. 86-94 - An Ordinance Vacating a Storm Sewer Easement in The Moors at Muirfield Subdivision. (Second Reading) There will be a third reading of the ordinance at the October 3 Council meeting. Resolution No. 14-94 - A Resolution Accepting the Amounts and Rates as Determined by the Budget Commission and Authorizing the Necessary Tax Levies, Certifying Them to the County Auditor, and Declaring an Emergency. (Second Reading) Mr. Hansley noted that staff is requesting emergency action from Council to comply with the State's deadlines. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mayor Campbell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, no; Mr. Kranstuber, (absent); Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes. Vote on the resolution - Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber (absent). Ordinance No. 87-94 - An Ordinance Renaming the Portion of Avery Road Between S.R. 161 and Muirfield Drive to Avery-Muirfield Drive. (First Reading) Mrs. Stillwell introduced the ordinance. Mr. Hansley stated that this ordinance and memo is self-explanatory. The Service Committee is recommending the hyphenated name for this portion of Avery Road, changing it to Avery-Muirfield Drive. Mrs. Boring pointed out that it was introduced as Avery Road-Muirfield Drive. The clerk will correct the ordinance prior to the next reading. There will be a second reading at the October 3 Council meeting. Ordinance No. 88-94 - An Ordinance to Amend Certain Sections of the Codified Ordinances of the City of Dublin Pertaining to Use of Child Restraint Systems in Motor Vehicles and to Designate the Offense of Operating a Motor Vehicle After Under-Age Alcohol Consumption, All in Order to Comply with Current State Law, and Declaring an Emergency. (First Reading) Mrs. Boring introduced the ordinance. Mr. Banchefsky circulated a memo to Council regarding the ordinance and offered to answer any questions. He explained that this ordinance provides that children four years of age and under, and/or 40 pounds would be required to be in a child restraint seat. It also revamps the penalty system. The OMVI section creates a new category of penalty for licensed motor vehicle operators between the ages of 16 and 21, all of whom are underage for drinking. It sets news limits to comply with State Code. Staff is recommending that this is the appropriate time to adopt the legislation. Mrs. Boring pointed out a discrepancy regarding language in the section about the child restraint law. Mr. Banchefsky responded that the language contained in the exhibits is the correct language. Mrs. King questioned the need to pass this as emergency legislation tonight since staff has waited RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYT N LEGAL BLANK CO. FORM NO. 1 t Held September 19, 1994 19 'i a year to bring this to Council following the State law change. Mr. Banchefsky responded that there was a more recent change than the major amendment of last July. The Court Administrator has requested passage by emergency because of reporting problems to the State necessitated by the differences in State and local Code. Mrs. King maintained that this does not seem to justify taking emergency action. She would prefer to wait. Mr. Strip commented that until the law is passed and becomes effective, Dublin officers cannot cite offenders into our own Mayor's Court. Mr. Strip moved to waive the three-time reading rule and treat as emergency legislation. Mrs. Boring seconded the motion. Vote on the motion -Mrs. Stillwell, no; Mr. Kranstuber, no; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. King, no. (Emergency motion failed) Mayor Campbell announced that Ordinance No. 88-94 will be held over for a second reading at the next regularly scheduled Council meeting. Resolution No. 15-94 - A Resolution Approving the $5.00 per Ton Generation Fee as Proposed by the Solid Waste Authority of Central Ohio. (First Reading) Mrs. King introduced the resolution. Mr. McDaniel said the $5.00 generation fee represents a reduction from the $49.00 generation fee that is currently in effect. The Federal Court struck down flow control, so the Solid Waste Authority had to revise their fee structure and their generation fees. After much discussion at the Rate Advisory Board Committee level, this fee structure was determined and has been presented to the region as a whole to vote on. The bottom line is that this does not affect Dublin. He expects this to change again around January 1. There will be a second reading at the October 3 Council meeting. Tabled Ordinances There was no recommended action from staff on previously tabled Ordinances No. 17-94 and No. 33-94. Reports from Council Committees Mrs. Stillwell reported that she, Mr. Zawaly, Mr. Hansley, and Mr. Kranstuber met to do some initial planning for the town meeting previously discussed by Council. Tentative dates for the i meeting would be either November 15 or 16, and they expect attendance of about 100 people representing civic groups, the Chamber, the Arts Council, and residents. Discussion is continuing about the meeting format. Mrs. Stillwell, Public Services Committee reported that the Committee reviewed a memorandum from Mr. McDaniel regarding the City's fall services program at their recent meeting. Mr. Zawaly, Parks and Recreation Committee reported that the PRAC met on September 14 and ' since a quorum was not present, informal discussion took place. The group had consensus regarding a recommendation to name the park where the Field of Corn public art piece will be located. The name will be the "Sam and Eulalia Frantz Park". Mr. Zawaly also reported that the dedication of the art piece is projected for October 30 from 1 to 3 p.m. In addition, there is a need for the Council Parks and Recreation Committee and the Finance Committee to have a joint meeting regarding the Land Trust Foundation. Mr. Zawaly, Chairperson of the Charter Review and Revision Commission reported that the first meeting is set for September 28 at 7 p.m. in Council Chambers. The agenda includes discussion of the process and setting up a master calendar for meetings. He thanked Ms. Crandall for her assistance. Mrs. King, Chairperson of Board and Commission Recruitment stated that she has initiated the process for 1995 recruitment with the assistance of the Clerk. If Council members have any concerns or comments, please give her a call, Mayor Campbell thanked Mrs. King for the excellent job she has done of coordinating the process. I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK CO., F RM N 1 1 ' Held September 19, 1994 19 Mr. Zawaly, Planning & Zoning_ Commission representative stated that there will be no subcommittee meeting regarding the mall rezoning this week. The developer has stated that he will have no new information for the special meeting on September 29. Comments from Staff Ms. Grigsby noted that staff anticipates bringing legislation to Council's next meeting for the issuance of debt for projects currently underway as well as for the Recreation Center and the Duke TIF. Staff has been working with bond counsel and the underwriters to prepare the legislation. Mr. McDaniel reminded everyone about the Household Hazardous Waste D-Day scheduled for Saturday and Sunday at the Service Complex. Ms. Newcomb reported that the City of Dublin is now a certified local government. The first community planning workshop is set for Saturday, September 24 at the 1919 Building from 8 to 5. Ms. Jordan reminded everyone that registration for the fall programs will be this Wednesday evening in Council Chambers. Council Roundtable Mr. Zawalv: 1. Suggested that a staff member take a picture of those receiving proclamations from the Mayor at future Council meetings. 2. Due to the seeming reluctance to refer items to Committees, he suggested that this could be included as part of the discussion at the goal setting session in October. 3. Noted that his vote against the amendment to the appropriations ordinance tonight resulted from the lack of response to Council's request for more detailed information about the ordinance. 4. Asked about the intended audience for the Council Action form contained in the packet. Ms. Clarke responded that this form is circulated internally to staff members following Council meetings. Mrs. Stillwell: 1. Noted that she has given Mr. Hansley a draft resolution from MORPC regarding the widening of the north outerbelt. This draft resolution has been sent to Columbus, Worthington, Westerville and Dublin. The Chambers of Commerce of these areas are providing economic data for a letter writing campaign. 2. Commented that a second workshop should be scheduled for goal setting, following the Saturday, October 15 session. i Following discussion, the date decided upon by Council was Saturday, November 12. Mrs. King: 1. Suggested that the topic of criteria for emergency legislation be included on the Charter i~ Review and Revision Commission list of agenda items. ~ 2. Commented that Council may want to consider implementing a procedure wherein the sponsor of legislation takes responsibility for shepherding it through the process. She gave ~ the example of the MSI legislation and commented that having that type of a sponsor would have facilitated review of the ordinance. 3. Expressed her appreciation for all the work done by the Child Care Task Force. Their recent report submitted to Council was excellent. 4. Noted that she will be attending a Land Trust seminar at the end of October and would be happy to share information with anyone interested. Mr. Stria: 1. Has heard several complaints about the surface of Muirfield Drive. He and Mr. Kindra took a motorcycle drive this evening on the roadway and found it to be very bumpy. He moved that this item be reviewed by the Service Committee of Council to allow time for proper review of such an expensive project. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Zawaly, yes. Mr. Kranstuber: 1. Noted a recent Ohio Supreme Court case involving the City of Fairfield where Justice Resnick emphasized that cities do have a great deal of control over local zoning matters. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK CO.. F RM N Held September 19, 1994 19 The Court is supportive of giving cities authority when cities have plans in place for their community. He offered to share the information with those interested. Mr. Banchefsky responded that this represents a landmazk case in Ohio. Legal staff is in the process of doing an analysis for staff and Council. He does have concerns that this decision does not seem to be in accord with recent U.S. Supreme Court decisions. Mrs. King: 1. Noted that she has distributed a letter to all from Dick Schafrath concerning the I-270 widening project. 2. Commented that Tom Merritt, a member of the City's Personnel Board of Review was recently appointed Acting Service Director of the City of Columbus. Mayor Campbell: 1. Provided a brief update to Council on his efforts to follow up on the I-270 widening letter sent to Governor Voinovich. Apparently the Department of Transportation is the agency which should be contacted. 2. Commented that the landscaping along Muirfield Drive installed by some builders does not seem to be up to the same standazd as others. He asked staff to check on this and report to Council. 3. Noted that on October 28, 29 and 30 he will be attending the Mayor's Institute in St. Louis. Dublin was selected as one of eight cities in the central U.S. to have the opportunity to have this nationally recognized panel review one of its azea plans. The Institute is particulazly interested in the Southwest Area Plan. He suggested that Council members contact him if they have any concerns or comments on Dublin's presentation for this group. It was truly an honor that Dublin was selected. The meeting was adjourned at 9:40 p.m. M or, Presi ing O er _ Clerk of Council ii r I