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HomeMy WebLinkAbout12/05/1994 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Held December 5, 1994 19 The regularl scheduled meetin of the Dublin Cit Council was called to order b M Y g Y y ayor Joel Cam bell at 6:30 m . on Monda December 5 1 4 P p• Y, 99 . Roll Call Council members present were: Mayor Campbell, Mr. Zawaly, Mr. Strip, Mrs. Stillwell, Mrs. King, and Mr. Kranstuber. Mrs. Boring arrived at 6:40 p.m. Mayor Campbell noted that an executive session has been scheduled this evening for discussion of personnel matters related to board and commission appointments and Community Plan Steering Committee appointments. Mr. Strip moved to adjourn to executive session for this purpose. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. King, yes, and Mr. Kranstuber, yes. Mayor Campbell noted that the regular meeting will begin following the executive session at approximately 7:30 p.m. Mayor Campbell reconvened the regular Council meeting at 7:30 p.m. Mrs. King led the Pledge of Allegiance. Staff members present at the meeting included Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Ms. Clarke, Mr. Kindra, Ms. Jordan, Mr. McDaniel, Ms. Puskarcik, Chief Ferrell and Mr. Lenz. Approval of Minutes of November 21, 1994 Council Meeting Mr. Zawaly moved approval of the minutes of the November 21, 1994 Council meeting. Mrs. King seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, abstain; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Correspondence The clerk reported that two notices to legislative authority regarding liquor permits have been distributed to Council this evening. The first is a new D3A permit for the Boulevard Bar & Grill on Dublin Center Drive. The second is a transfer of D1, D2, D3 and D6 permits to the Boulevard Bar & Grill from the Santa Fe Steakhouse at 6665 Dublin Center Drive. Mayor Campbell suggested delaying a decision on these matters until after Mr. Cordon's presentation about liquor permits this evening. Nate Gordon, attorney representing the Boulevard Bar & Grill stated that he had offered to provide information to Council about liquor licensing matters in view of the concerns raised recently by Council about the issuance of some permits. He stated that he was formerly Chief of the Liquor Section at the Attorney General's office, and that he now represents clients in regard to liquor permitting and violations. In Dublin, he has represented United Dairy Farmers, Biddies, Italian Oven, Damon's, Santa Fe, and the Boulevard Bar & Grill. He gave a brief presentation to Council, outlining the various types of permits issued and criteria for issuance. He explained that there is a long waiting list in Dublin for licenses, sometimes two to five years. If one cannot obtain a license from the State, the only other means to obtain a "quota" license is by transferring a license. He described the hours of operation permitted under the various license categories, adding that this is regulated strictly by the State of Ohio -cities do not have the right to restrict the hours of operation. The City of Dublin as well as any institution within 500 feet of an establishment is notified when an application is made and they then have the opportunity to object and request a hearing. Discussion followed by Council about their discretion in regard to issuance of permits within the City. There were no objections to issuance of the permits to the Boulevard Bar & Grill brought before Council this evening. Mrs. Stillwell requested that staff provide aone-page index of the types of licenses available and who holds them currently. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held December 5, 1994 19 Mayor Campbell noted that at the November 7 Council meeting, Council had requested a hearing on the issuance of a new DS permit to Continental Sawmill, Inc. Mr. Strip moved to withdraw the objection to this permit. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Mr. Gordon thanked Council for their consideration, and added that in response to Council's request, he will in the future provide information to Council prior to consideration of a permit. Based on the information provided regarding grounds for objections to issuance of permits, Mrs. Boring moved to withdraw Council's previous request for a hearing on the issuance of a D3, D3A permit to Abner's Country Restaurant and to have Mr. Smith notify the applicant of the withdrawal of request for hearing. Mrs. Stillwell seconded the motion. Mayor Campbell noted that Council had also received a letter of explanation from the owners of Abner's in terms of the plans for the establishment. Vote on the motion -Mayor Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. Mr. Smith confirmed that he will notify the liquor control board of Council's withdrawal of their objections to these two matters. Mr. Smith also agreed to contact Mr. Tegethoff of Abner's Restaurant about this action. Comments From Visitors There were no comments from visitors. Legislation Ordinance No. 112-93 - An Ordinance Providing for a Change of Zoning of 30.092 Acres of Land Located on the South Side of the North Fork of Indian Run, Approximately 1,200 Feet West of Avery Road and Immediately West of Avery Park, from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (Erwin Tract) (Third Reading) (Applicant: M/I Schottenstein Homes, Inc., Jeffrey Brown, c/o Smith & Hale, 37 West Broad Street, Columbus, OH 43215) There were no additional comments from staff on this ordinance. Vote on the ordinance as recommended by Planning Commission - Mr. Strip, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes. Ordinance No. 52-94 (Amended) - An Ordinance Providing for a Change of Zoning of 45.248 Acres of Land (15.703 Union County, 29.545 Franklin County) Located on the Franklin/Union County Line, Approximately 1,800 Feet North of Post Road at the Western Terminus of Wynwright Drive (future), from: R-1, Restricted Suburban Residential District and U-1, Agricultural/Residential District (Jerome Township zoning classification) to PLR, Planned Low Density Residential District. (Gorden property/MI Schottenstein) (Third Reading) (Applicant: M/I Schottenstein Homes, Inc., c/o Smith & Hale and State Street Realty, Glen A. Dugger, c/o Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Ms. Clarke noted that Council had previously indicated discomfort with what acreage fell within the parkland, what acreage was to be purchased as school site, and how it all fit together. She suggested reconfiguring a section of the school and park so that all the acres which would be public would end up being the same acres, but that the school site would be reconfigured to include those three lots on Tullymore Drive. The park would be reconfigured so that all of the area that is to be dedicated in this case, 5.6 acres, would be included within the open space. She has drafted a tenth condition to be added to the 9 conditions set by Planning Commission. The 10th condition would be: 10. That the park and school sites be reconfigured to assure that the tota15.6 acres of required open space be dedicated areas to be utilized for park, open space or recreational uses, and that the school site is to include the Wyndham Village lots fronting on Tullymore. She added that if there is contiguous park at the back and a contiguous school site at the front, the ownerships will be more straightforward aswill long term maintenance of those sites. Mrs. King thanked staff and the applicant for cooperating in this arrangement which meets everyone's need and maintains the integrity of the greenspace ordinance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK CO., RM Held December 5, 1994 19 Mr. Hale, representing the applicant, stated that he consents to the 10th condition. Mr. Strip stated that, in the future, Council should look at using green space for school purposes on >w ~ a case by case basis. Tonight's action should not be construed as setting a precedent; rather, Council ~ must consider each case individually. Mr. Foegler commented that the Parks and Recreation Committee of Council has directed staff to prepare the criteria utilized in determining the appropriateness of certain areas for recreation and open space for consideration back by Council. Council can then formulate specific policy guidelines along those or any other criteria deemed appropriate. Mayor Campbell stated that this parcel straddles the county line and a question came up from a Council member regarding telephone utility services for this area. At the October 6 Planning Commission meeting, Mr. Hale had stated that the property owners of the lots would be informed of the utility companies which serve the area. Should this be added as another condition? Ms. Clarke responded that this would be a platting process issue when utilities are discussed. She noted that it can be added as a condition at this time if Council prefers. Following brief discussion, Mr. Hale stated that this can be done in the plat and in the deed restrictions. Mayor Campbell summarized that the 11th condition would require that the developer provide both in the plat and in the deed restrictions notice to potential buyers of the applicable utility companies serving the particular lots. Mr. Hale agreed to this condition. Mrs. Stillwell noted that discussion took place at the November 21 Council meeting regarding the stub street shown on the plans, and Chief Bostic had indicated that language would be added to the text stating that the street would at some future time be extended from the east to the west. This is important so that future residents will understand at the time of purchase that the road would at some point be extended. Ms. Clarke responded that this is a preliminary plat issue -the exact location of those stub streets will not be determined until the preliminary plat is filed. At that time, it would be appropriate to add notes to the plat indicating that the street could and will be extended to the west. Ms. Clarke then read for the record the additional conditions: 10. That the park and school sites be reconfigured to assure that the total 5.6 acres of required open space be dedicated in areas to be utilized for park, open space, or recreational uses, and that the school site includes the Wyndham Village lots fronting on Tullymore Drive. 11. That the developers will notify prospective buyers on the plat and in deed restrictions of the applicable utility providers. Mrs. King moved to approve the rezoning application with the 9 conditions specified in the October 6 Planning Commission record and with the tenth and eleventh conditions read into the record by Ms. Clarke. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mayor Campbell, yes; Mrs. Stillwell,yes; Mr. Zawaly, yes. Mrs. Stillwell noted that in conjunction with this ordinance, Council had received a letter from Planning Commission Chairman Warren Fishman in regard to changing the annexation policy. She asked if Council had directed staff to take this action. Mr. Foegler clarified that staff has been directed to modify the language from a proposed language to a policy language, and staff is in the process of doing so. Ordinance No. 99-94 - An Ordinance to Adopt the Proposed Operating Budget for the Fscal Year Ending December 31, 1995. (Third Reading) Mr. Hansley commented that the Finance Committee review has been completed and the amendments noted through the process are being incorporated into a draft currently being prepared for Council. Staff requests that this item be held over for a vote at the next meeting. Mrs. Stillwell moved to table the third reading of the ordinance until the December 19 meeting. Mr. Strip seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held December 5, 1994 19 Vote on the motion - Mr. Zawaly, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Ordinance No. 101-94 - An Ordinance Authorizing the City Manager to Enter into a New Contract with the Law Director. (Third Reading) Mr. Hansley stated that this ordinance allows for the continuation of the Law Director's contract for a one-year period. Under the Charter, one year is the maximum period of time for this contract. Mr. Hansley is recommending adoption of the ordinance. Vote on the ordinance - Mr. Strip, yes; Mayor Campbell, yes; Mrs. King,yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Boring, yes. Ordinance No. 107-94(E) - An Ordinance Accepting the Lowest and Best Bid for Road Salt for the Time Period Covering November 1, 1994 through March 31, 1995 and Authorizing the City Manager to Enter into a Contract Governing the Procurement of Said Salt, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that staff is requesting adoption by emergency at this time so that the product can be purchased prior to the onset of winter weather. Mr. McDaniel is present to answer questions. Mrs. King moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes. Vote on the ordinance - Mr. Kranstuber, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mrs. Boring, yes. Ordinance No. 109-94 - An Ordinance Accepting the Lowest and Best Bid for Sign Posts and Related Equipment and Authorizing the City Manager to Enter into a Contract for the n - Procurement of Said Equipment. (Second Reading) Mr. Hansley stated that staff is recommending that this be held for a third reading at the December ffiq 19 Council meeting. There will be a third reading of the ordinance at the December 19 Council meeting. Ordinance No. 110-94 - An Ordinance to Establish the Estimated Average Per Acre Value of Land for Park Fees in Lieu of Land Dedication as Required Pursuant to Section 1109.02(c), and to Amend Said Section. (Second Reading) In response to Council's previous inquiry, Mr. Hansley stated that in the past this update of valuation of parkland has been referred to the Planning Commission for formal hearing and recommendation to Council prior to Council's adoption of the ordinance. Staff at this point recommends an informal review by Planning Commission at the minimum, as well as maintaining Council's present policy of a formal review by Planning Commission and recommendation. Mayor Campbell noted that at the last Council meeting, Council referred the matter to the Parks and Recreation Committee of Council for review. Mr. Zawaly, Chairperson of the Committee, reported that this was reviewed on November 29 by the Committee. The Committee endorses the method of valuation contained in the proposed ordinance as it was determined that it is important that the provisions be applied as consistently and uniformly as possible. Following consideration of the issue, the Committee recommends approving this ordinance. He noted that since the Council Parks and Recreation Committee has already reviewed this issue and in view of the caseload of the Planning Commission at the present time, he would recommend proceeding based on the Council Committee recommendation. Mr. Smith confirmed that there is no statutory requirement that this ordinance be reviewed by Planning Commission. Mayor Campbell announced that a third reading of the ordinance will take place at the December 19 Council meeting. Ordinance No. 112-94(E) - An Ordinance Providing for the Issuance and Sale of $1,445,000 Notes in Anticipation of the Issuance of Bonds for the Purpose of Paying the Property Owners' Portion, in Anticipation of the Collection of Special Assessments Heretofore Levied, and the City's Portion, of the Costs of Opening, Constructing and Improving in the City a Public Street to be Known as Muirfield Drive by Constructing a Four Lane Section with a Variable Width Grass Median from the Current Terminus Approximately 638 Feet North of the Intersection of Muirfield Drive with Sells Mill Drive and Mojave Street Northerly Approximately 3,650 Feet RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK R Held December 5, 1994 19 to the Current Intersection of Muir~eld Drive and Brand Road by Grading, Draining, Paving and Installing Concrete Curbs and Gutters, Together with All Necessary Appurtenances, Including a Bikeway and Bikeway Underpass, Constructing Waterlines and Fire Hydrants, f Sanitary Sewers and Storm Sewers, and Acquiring Real Estate and Interests in Real Estate Therefor, Together with All Other Necessary Appurtenances, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that staff is requesting adoption by emergency tonight to meet the schedule of payments for this issue. Brief discussion followed about the current interest rates for notes and the possibility of retiring some of the debt from the general fund. Ms. Grigsby responded to Mr. Strip that it may be possible to retire this from the general fund, but under the current climate of rising interest rates, bond counsel for the city is recommending this course of action. Because they are short term, there are no call provisions in the issue. However, if the City were to issue the bonds, they can be issued 90 days in advance of their maturity. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mayor Campbell, yes. Ordinance No. 113-94(E) - An Ordinance Providing for the Issuance and Sale of $530,000 Notes in Anticipation of the Issuance of Bonds, for the Purpose of Paying Costs of Improving the Vehicular Transportation System in the City by Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of . Municipal Roads, Highways, Streets, Bridges, Sidewalks, Bikeways and Viaducts, Acquiring Real Estate and Interests in Real Estate Therefor, and Providing Lighting Systems and All Other Necessary Appurtenances, and Declaring an Emergency. (Second Reading) k. Mr. Hansley commented that staff is requesting passage by emergency tonight to meet the payment schedule. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. ~ Mr. Strip seconded the motion. Vote on the motion -Mayor Campbell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mr. Kranstuber, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes. Ordinance No. 114-94 - An Ordinance to Enter into a Health Services Contract with the Franklin County Board of Health. (Second Reading) Mr. Hansley stated that staff will recommend emergency passage at the third reading on December 19. Mrs. Stillwell asked if descriptions of the various services provided are available, and whether the City of Dublin requests and receives all of the services listed. Mr. Hansley stated that the City is entitled to receive all listed, but may not utilize all of them. He added that the City does share in the costs of some of the administrative expenses listed for the Board. He noted that the City is either obligated to provide the health services or to contract for the services with another agency per State statute. There will be a third reading of the ordinance at the December 19 Council meeting. Ordinance No. 115-94 - An Ordinance Accepting the Lowest/Best Bid for Phase II of the M.L. "Red" Trabue Nature Reserve. (Second Reading) Mr. Smith reported that he has distributed to Council this evening a memorandum addressing the legal issues related to this matter. In addition, Mr. Foegler will provide in the next packet an update on the outstanding issues with Strawser in regard to the Muirfield resurfacing project. If Council members have questions, Mr. Smith asked that they call him prior to the next meeting. There will be a third reading of the ordinance at the December 19 Council meeting. Resolution No. 21-94 - 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. (Second Reading) Mr. Hansley stated that staff is requesting that this be held over for a third reading at the next meeting. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK Held December 5, 1994 19 There will be a third reading of the resolution at the December 19 Council meeting. Ordinance No. 116-94(E) - An Emergency Ordinance Accepting a Bid for School Zone Improvements for Dublin High School, Thomas Elementary School, and Deer Run Elementary/Grizzell Middle School. (First Reading) Mrs. Boring introduced the ordinance. Mr. Hansley stated that this ordinance involves flashing light installation for schools located in the City of Dublin and was recommended by the Safety Committee several months ago. Staff is requesting emergency action in order to complete these safety improvements as soon as possible. Mrs. Boring noted that the Safety Committee had approved these in February and asked why these improvements had not been made prior to the start of the school year. Mr. Foegler responded that staff had initially hoped to complete installation prior to the start of school and since there was effectively a sole source supplier had hoped that competitive bidding would not be required. It was later determined that competitive bidding would be required, and in this process, the nature of the plans and specifications were revised. At the first bid, only a single bid was submitted which exceeded the estimate, resulting in the need to rebid. At the rebid, the bids received were well below the estimate. Following discussion, Mrs. Boring clarified that the signs and signposts were installed based on the Committee's recommendation; the flashing lights are what is now being bid. Mr. Kranstuber asked if this ordinance addresses the issue raised by the high school about the amount of illumination near Tara Hill Drive. Mr. Foegler responded that the flasher installation will be the first step in these safety improvements. Administration will also be recommending to Council at the capital budget meeting in January that the cash capital for 1995 include a total reconstruction of Coffman Road with street lighting, traffic signal, bikepaths, etc. If Council concurs on the priority of this project, it would be under construction by late 1995. Traffic studies have shown that these improvements will be needed in conjunction with the opening of the Community Recreation Center. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Boring seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Ordinance No. 117-94 - An Ordinance Accepting the Lowest and Best Bid for Dump Truck Bodies and Authorizing the City Manager to Execute a Contract Governing the Procurement of Said Equipment. (First Reading) Mr. Strip introduced the ordinance. Mr. Hansley stated that staff has provided a detailed memorandum with the ordinance. Mr. McDaniel is present for questions. There will be a second reading of the ordinance at the December 19 Council meeting. Ordinance No. 118-94 - An Ordinance 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. (First Reading) Mr. Strip introduced the ordinance. Mr. Hansley stated that this legislation relates to the sale of used fleet vehicles, primarily police cars. The goal is to assemble a group of vehicles for sale at one time in order to bring the highest resale price. A memorandum accompanies the ordinance. Staff may request emergency action at the second or third reading. There will be a second reading at the December 19 Council meeting. Ordinance No. 119-94 - An Ordinance to Change the Name of Clavin Court to Glendon Court in the City of Dublin, Ohio. (First Reading) Mr. Zawaly introduced the ordinance. Mr. Foegler explained that Duke Associates and the post office are requesting this name change for the street. This street will be the site of the second Dublin post office. He provided some brief history on the naming of "Clavin Court" and the desire of Duke Associates to improve the image of the office park development by selecting a more desirable street name. Mrs. Boring expressed some concern about the large number of streets in Dublin which begin with i RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK R Held December 5, 1994 19 "glen". Mr. Foegler responded that the county and city engineer have concurred that there is no conflict with an existing street name. Duke Associates and the post office will own all of the affected property. Brief discussion followed. There will be a second reading at the December 19 Council meeting. + Resolution No. 22-94 - A Resolution Authorizing the City Manager to File an Application and Enter into an Agreement with the Ohio Department of Natural Resources for the Purpose of Acquiring Funds through the Division of Forestry's Urban Forestry Assistance Program. (First Reading) Mrs. King introduced the resolution. Mr. Hansley stated that this resolution deals with a grant application for street trees and their maintenance. Staff recommends approval by emergency to meet the grant deadlines. Mrs. King moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motiori -Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Zawaly, yes; Mr. Strip, yes. Vote on the resolution - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Strip, yes. Mr. Hansley reported that there is no recommended staff action at this time for tabled Ordinance No. 17-94. OTHER 1995 Strategic Communications Plan Mayor Campbell stated that this item was brought before Council several weeks ago and was tabled until tonight, subject to the budget discussion regarding the public information section. Ms. Puskarcik stated that at the November 7 Council meeting, Council requested that staff identify y the additional resources and time needed for the strategic communications plan. The original plan developed by the Committee can be accomplished with approval of the 1995 budget. The internal communications component Mrs. Stillwell had discussed at November 7 -internal communications and employee relations - is now being addressed by staff. However, staff believes strongly that this component should be considered separately, and not as part of the 1995 strategic plan developed by the committee. The exception to the 1995 budget is the marketing effort for the economic development plan, and Mr. Foegler will bring a request for funding to Council in the first quarter of 1995 for this effort. She noted that the additional communication plan for Council was reviewed, and it was determined that in order to effectively accomplish these goals, it would require additional staffing beyond the newly created assistant clerk position. Mayor Campbell clarified that the October 1994 Strategic Communications Plan will be funded with the passage of the presently proposed budget, with the exception of the economic development component, and that the Council Communications plan would not be funded within the proposed budget and would possibly require additional personnel if adopted. Mr. Strip expressed concern that this was not addressed during the budget process. Mayor Campbell responded that this item was tabled until the budget discussions took place so that ti a decision could be made about which aspects of the plan to enact: the Committee portion, the economic development portion, and the Council communication portion. Mr. Kranstuber commented that Council must first decide if they want to support the Council communication plan and to what extent. Mrs. King noted that Council needs to take additional time to discuss this portion. She would recommend that Council adopt the Strategic Communications Plan as presented, minus the additional Council communication portion. Council can discuss their communication goals at a later date. The Committee's plan would be adopted with the recognition that the economic development aspects are yet to come. Mr. Strip asked for confirmation that the budget contains funding for the Committee Strategic Communication Plan, and Ms. Puskarcik confirmed this. Mrs. King then moved to adopt the 1995 Strategic Communications Plan developed by the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK Held December 5, 1994 19 Committee. Mrs. Stillwell seconded the motion, adding that the Januazy 7 goal setting session will include discussion time about implementation of the ideas brought forward by Council. Postponing the discussion on the Council communications portion to Januazy 7 makes sense. Mrs. King provided some further clazification about the development of the Council communication plan which was based on discussion held at the goal setting session in October. Vote on the motion - Mr. Strip, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. Mayor Campbell stated that two ordinances have been prepared in draft format this evening, based on earlier discussion at executive session. He asked the clerk to read the proposed ordinance. He noted that Mrs. King has served as Chairperson of an ad hoc committee handling the boazd and commission appointments. Ordinance No. 121-94(E) - An Ordinance Appointing Members to the Various Boards, Commissions and Committees of the City of Dublin, Ohio, and Declaring an Emergency. Mrs. King introduced the ordinance. Mrs. King stated that this ordinance provides for reappointments of members currently serving to the various boards and who are eligible for and wish to serve a second term. Council will interview for the remaining vacancies on boazds and commissions in early January. She requested that this ordinance be voted upon at the December 19 meeting so that the appointees can plan for next yeaz. The appointments would be effective on Januazy 1, 1995. Mayor Campbell commented that some minor revisions will be necessazy to the draft, and these will be made prior to the second reading at December 19. Emergency action will be requested at that time. . Resolution No. 23-94(E) - A Resolution Appointing Members to the Dublin Community Plan Steering Committee, and Declaring an Emergency. Mrs. King introduced the resolution, stating that this appoints 16 members to a steering committee. Those members include representatives of City Council, Planning & Zoning Commission, Chamber of Commerce, Dublin businesses, Dublin Schools, and several citizen representatives with a vaziety of backgrounds. The initial meeting for this group will take place on December 13, and they will meet regulazly over the next two years of the community plan effort. The persons are: Joel Campbell, Denise King, Judi Stillwell, Warren Fishman, John Ferrara, David King, Robert Hughes, Pat Grabill, Jessie Evert, Larry Vance, Kathy Gardner, Morton O'Kelly, Elaine Kehoe, Myron Terlecky, Edith Driscoll, and Michael Baker. Mayor Campbell noted that emergency action is necessary to provide for appointments prior to the initial session for the group. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. Stillwell,yes; Mr. Strip, yes; Mr. Zawaly, yes. Vote on the resolution -Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mayor Campbell, yes. New Format for Council Meetings „ Mayor Campbell then announced that a new format will be implemented for the December 19 Council meeting, as discussed at the recent goal setting session. He noted the discussion session, yet unnamed, will begin at 6:30 p.m., prior to the stazt of the regulaz agenda for the Council meeting. It will allow for an informal exchange between staff and Council to address issues previously discussed under staff comments, Committee reports and Council roundtable session, and other matters. It is a public meeting and will be held in a roundtable set-up to facilitate communication. Staff is working on logistics for meeting set-up. I Council Committee Reports Mr. Zawaly, Charter Review & Revision Commission reported that the Commission will meet on Monday, December 12 at 7 p.m. Mr. Strip, Finance Committee noted that a meeting is needed before the end of the year to review RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK O., F RM Held December 5, 1994 19 hotel/motel tax applications. He asked the clerk to find a workable date and time. Mrs. Stillwell, Service Committee reported that the Wednesday meeting has been cancelled and will be rescheduled in January. 4 Mrs. Boring, Safety Committee reported that the December 12 meeting has been cancelled. Comments from Staff Mr. Hanslev reported that a memo was provided to Council last week regarding proposed improvements for the sound system. Staff has ordered new equipment and it will be installed early in 1995. Mr. Smith stated that he appeared before the Union County Commissioners today in regard to the transfer of the Jerome Township land into Washington Township. They have tentatively approved this and will sign a resolution on Wednesday. He noted that it was discovered that there is another Washington township located within Union County, so this must be taken into consideration when naming the new area. At the next Council meeting, an emergency resolution will be brought to Council to request the Franklin County Commissioners to adjust the township boundaries as well. The boundary change will be effective January 1, 1995 to avoid tax problems for the entities involved. Ms. Clarke thanked Council for their hard work in the selection process for the Community Plan Steering Committee. She believes that they now have an excellent citizen group to work on this project. Ms. Puskarcik stated that a fax was sent to Council regarding the Community meeting in January. She asked Council members to respond to the date selection by tomorrow. Council Roundtable Mr. Zawaly: 1. Asked for an update from the City Engineer regarding Muirfield Drive. Mr. Foegler responded that staff will provide a detailed memo, in conjunction with Mr. Smith's memo, prior to the next meeting of Council. He has also spoken to Mr. Strawser regarding this project, and Mr. Strawser has indicated that, if the analysis shows that the project does not conform to the applicable plans and specs, he is committed to correcting the situation. Mr. Zawaly asked if the core analysis being done will address the "washboard" effect which was raised in the memo sent to the Engineering Department by Mr. Kranstuber. Mr. Kindra stated that the "birdbath" problem has already been corrected by the contractor. This was in the punch list for the project. The investigation of the "washboard" problem is continuing. Staff members and the contractor have been interviewed in this process. He added that he cannot provide answers to some of these questions until the investigation is completed. Mr. Strip commented that what is lacking here is a common sense approach to evaluating this problem. Core sampling and density testing are not necessary to determine that this is a substandard product at a cost of $600,000. He suggested that action be taken instead of continuing to talk about the situation. Mr. Foegler stated that to make assumptions about what the analysis will show or what it means are premature. The analysis will provide definitive answers to these issues. Core sampling is being ~ done to determine structural integrity. Staff is now trying to quantify the nature of the problem, understand what caused it, was it put down per spec, did the substandard nature of the road make it impossible to install per spec because of the base, or were there other issues. The contractor has indicated that he will do whatever he takes to ensure that he has conformed to the plans and specifications for the project. 2. Mr. Zawaly asked for update calendars for December and January as soon as possible. Mrs. Stillwell: 1. Asked about the status of a memo being prepared for Council regarding the process for final plats. Mr. Foegler responded that the Law Director has provided recommendations to staff for RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK Held December 5, 1994 19 consideration. As part of the development review process, he would suggest that this item be referred to the Land Use Committee for review and recommendation. Mrs. King, Land Use Chai erson, agreed to try to schedule a meeting before the end of the month to review this issue. Mrs. Stillwell moved to refer this to the Land Use, Planning and Economic Development Committee. . Mrs. King seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. 2. Appreciates the notification from the Engineering Department in regard to the public meeting tomorrow on the Hayden Run/Frantz Road intersection. She thanked staff for notifying the affected residents as well. 3. Noted that in the packet information was provided about a resolution tabled by MORPC about a comprehensive housing strategy. She would welcome Council or staff input on the strategy which is on MORPC's agenda for December 15. 4. Thanks to Sandra Puskarcik for coordinating the tree lighting ceremony including a visit from Santa. It was a nice start to the holiday season. Mrs. King: 1. Stated that a response has been received from ODOT Director Wray on behalf of Governor Voinovich in regard to the letter sent by Council about the 270 widening project. She added that a Mayors' meeting with Jerry Wray is scheduled on Friday, December 9. She is looking forward to hearing about the outcome of the meeting from Mayor Campbell. Mrs. Boring: 1. Noted that Council had previously requested that a letter be sent to Ruth Mast about the Post and Avery traffic situation. . Mr. Hansley responded that he will send a response to her and copy Council. Mr. Foegler noted that he had drafted a response to this issue and will be inviting those residents to the public hearing for the five-year capital improvement budget which has tentatively been set for January 4. 2. Stated that the quality of the paving work at Tuller Road and Riverside Drive intersection is not acceptable. Mr. Kindra responded that this work was performed by Columbus Asphalt Company and is being investigated as well. He will keep Council informed of the progress of this review. Mavor Campbell: 1. Commented that he, Mrs. Boring and Mr. Hansley had attended a session at the National League of Cities meeting which involved a discussion of the format of Council meetings. Most cities use speaker slip systems of some type and virtually all had a time limit of 3 to 5 minutes for speakers. It was pointed out by the legal experts that there is not a constitutional right to address your City Council. The Constitutional right of the citizens is to elect their representative to legislate. While legislators are charged with the responsibility of conducting meetings in public, they are not charged with having public input at each stage of the meeting. All of this reaffirms Council's custom of using some type of speaker slip. He has passed along the NLC sample copy to the clerk. It was also suggested at the NLC meeting that the clerk keep the time during a public a hearing/public comment section so that the legislative member can give their full attention to the speaker. 2. Stated that they learned at NLC that what Dublin is doing is "out in front" of the rest of the country, adding that the City is fortunate to have a high quality staff, to have the ability to retain professional services when needed, which all makes for an effective government. We should be thankful to live in Dublin. 3. Noted that evaluations for the City Manager and the Clerk of Council are due, and suggested that a brief executive session be held tonight to discuss the process to be used. Mrs. King moved to adjourn to executive session for personnel matters following a five minute recess. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK CO., Held December 5, 1994 19 Mrs. King, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes. Mayor Campbell announced that the meeting will not be reconvened following the executive session. The meeting was adjourned at 9:45 p.m. Mayo , r sidin Officer Clerk of Council