HomeMy WebLinkAbout05/01/1989 RECORD OF PROCEED[NGS
~'Iinutes of Dublin City Council Meeting Meeting
OArTON LEGAL BANK CO., FORM NO. 10118
Held May 1, 1989
_ - 19
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The regularly scheduled meetin
g of the Dublin City Council was called to
order by Mayor Jan Rozanski at 7:30 P.M. on Monday, May 1, 1989.
Mr. Jankowski led the Pledge of Allegiance.
ry Members of Council present were: Mr. Amorose, Mr. Jankowski, Mrs. King,
Ms. Maurer, Mayor Rozanski, Mr. Strip and Mr. Sutphen.
Mr. Smith, Law Director, and Mr. Hansley, City Manager, were also present
as were the following members of the City Staff: Ms. A11ey, Ms. Clarke,
Chief Ferrell, Lt. Geis, Mr. Harding, Mr. Johnson, Mr. Jones, Ms. Jordan,
Mr. McDaniel and Ms. Saunders.
Mr. Amorose moved to approve the minutes of the April 17, 1989 meeting of
~ Council.
Mrs. King seconded the motion.
Vote - Mr. Sutphen, abstain; Mayor Rozanski, yes; Mr. Amorose, yes; Mr.
Jankowski, yes; Mr. Strip, yes; Ms. Maurer, yes; Mrs. King, yes.
Correspondence
1. Referred to the request for a C1, C2 liquor permit from the Sunoco
service station on S.R. 161.
Mr. Strip said that he had been informed that since the proposed
location would be less than 500' from the Middle School that the
officials of the Dublin Local Schools were taking said request under
advisement on this particular evening.
Mr. Strip expressed a concern that Bridge Street (S.R. 161) could
become a little mini-strip of beer and wine carryouts.
Mr. Sutphen said that he tended to agree with Mr. Strip and could
recall the many conversations which took place when the Omega
station was requesting their permit several years ago.
Ms. Maurer gave some background information as to how permits are
issued by the State of Ohio Department of Liquor Control and that
with the recent growth in Dublin.'s population that there will be
an even greater number of requests for said_p~ermits.
Mr. Jankowski said that he felt that it was an equity issue and that
Council,by raising an objection to a request for a permit, "really
does the job".
Mrs. King suggested that perhaps it was the time for review and study
of the concept of accessibility of beer and wine to the driving
public and the possibility of a relationship of that accessibility
to drunken driving.
Several members of Council said that they did not feel it appropriate
for gas, service, stations to be selling beer and wine.
Mr. Smith said that if Council should object that the City would
have a right to be heard at a scheduled hearing on the request; other-
wise the Sunoco station would receive the permit automatically
Following further discussion, Ms. Maurer moved that Council disapprove
the request and request a hearing (because pf the station's close proximity
to the middle school, but that if the Dublin Local Schools do not object
that Council would not request a hearing.
Mr. Sutphen seconded the motion.
Vote on the motion - Mr. Amorose, yes; Mr. Jankowski, no; Mrs. King, yes;
Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Strip, no; Mr. Sutphen, yes.
2. There was no objection to a request for a D1, D2 permit for
Vincenzo's on Sawmill Road.
3. There was no objection to a request by Oscar's Deli for a permit to
allow spiritous liquor for on premises consumption until 1:00 A.M.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
Meeting
OA-rION LEGAL BLANK CO., FO RA1 NO. 101-18
I~ Held May 1 , 1989
19
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Page Two
Ms. A11ey introduced Dora L. Saunders, new Assistant Court Clerk and Mayor
Rozanski swore her in and welcomed her to the City of Dublin.
Ordinance Providing for a Change of Zoning on a 12.049 Acre Tract Located
on the Southwest Corner of State Route 161 and Hobbs Drive. Third
Reading.
Vote on the Ordinance - Ms. Maurer, yes; Mrs. King, yes; Mr. Strip, yes;
Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Jankowski,
yes.
Ordinancce No. 23-89 - Ordinance Providing for a Change of Zoning on a
3.08 Acre Tract Located on the Southeast Corner of Martin Road and River-
side Drive. Third Reading.
Vote on the Ordinance - Mr. Strip, yes; Mr. Amorose, yes; Mr. Sutphen, yes;
Mrs. King, yes; Mr. Jankowski, yes; Ms. Maurer, yes; Mayor Rozanski, yes.
Ordinance No. 33-89 - Ordinance Modifying Existing Contract with Perry
Township for Dispatching Services. Second Reading.
~ Mr. Hansley reminded members of Council that the Ordinance had been
amended to read retroactive to January 1, 1989 and not April 1, 1989.
Mr. Strip said that he continued to oppose any governmental agency giving
_ another governmental agency money retroactively.
Mr. Sutphen said that he agreed with Mr. Strip.
Ms. Maurer moved to waive the three time reading rule and treat as an
emergency.
Mrs. King seconded the motion.
Vote on the emergency nature - Mr. Sutphen, no; Mr. Strip, no; Mayor
Rozanski, no; Ms. Maurer, yes; Mrs. King, yes; Mr. Jankowski, yes; Mr.
Amorose, yes.
~ Mayor Rozanski noted that the emergency nature failed.
There will be a third reading of the Ordinance on May 15, 1989.
Ordinance No. 35-89 - Ordinance Providing for a Change of Zoning on a
10.85 Acre Trace Located West of Avery Road and East of Tullymore Drive,
2,200 Feet North of Post Road. First Reading.
Mr. Amorose introduced the Ordinance.
Mr. Amorose moved to refer the Ordinance to the Planning and Zoning
Commission.
Mr. Strip seconded the motion.
Vote on the motion - Mr. Amorose, yes; Mr. Jankowski, yes; Mrs. King, yes;
Ms. Maurer, yes; Mayor Rozanski,yes; Mr. Strip, yes; Mr. Sutphen, yes.
Ordinance No. 36-89 - Ordinance Adopting a Memorandum of Agreement
Between the City of Dublin and Police Lieutenant Joshua Vance. First
Reading.
Mr. Sutphen introduced the Ordinance.
Mr. Hansley noted that Lieutenant Vance had recently applied for a
medical disability. The agreement states that the City of Dublin agrees
to pay Lieutenant Vance a sum not to exceed $15,000.00, so he may purchase
service time to enable him to retire with maximum available retirement ben its.
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RECORD OF PROCEEDINGS
Minutes Of Dublin City Council Meting
Meeting
DAYTON LEGAL BLANK CG., FORM NO. 10138
Held May_1, 1989 19 it
Page Three
Mrs. King moved to waive the three time reading rule and treat as an
emergency.
Mr. Amorose seconded the motion.
Vote on motion - Mr. Jankowski, yes; Mr. Strip, yes; Mrs. King, yes; Ms.
Maurer, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mayor Rozanski, yes.
Vote on the Ordinance - Ms. Maurer, yes; Mayor Rozanski, yes; Mr.
Jankowski, yes; Mr. Sutphen, yes; Mr. Strip, yes; Mrs. King, yes; Mr.
Amorose, yes.
Ordinance No. 37-89 - Ordinance Requesting Funds from Dublin Chamber of
Commerce REgarding Building at 129 S. High Street. First Reading.
Mr. Sutphen introduced the Ordinance.
Mr. Sutphen moved to waive the three time reading rule and treat as an
emergency.
Mr. Jankowski seconded the motion.
Vote on motion - Ms. Maurer, yes; Mr. Strip, yes; Mayor Rozanski, yes;
Mr. Sutphen, yes; Mr. Jankowski, yes; Mrs. King, yes; Mr. Amorose, yes.
Vote on the Ordinance - Mr. Amorose, yes; Ms. Maurer, yes; Mrs. King, yes;
Mr. Strip, yes; Mr. Jankowski, yes; Mayor Rozanski, yes; Mr. Sutphen, yes.
It was agreed to eliminate the following from the Ordinance "($4,000.00 to
the contractor and $10,000.00 to the architect)".
w<
Ordinance No. 38-89 - Ordinance REquiring Permit for Use of Fire Hydrants
in City of Dublin. First Reading.
Mr. Amorose introduced the Ordinance.
It was explained that the City of Dublin would charge $25.00 for a permit
to allow a user to use a fire hydrant in Dublin. That user would then
go to the City of Columbus, pay their $25.00 permit fee as well as $30.00
per day for the water. There will also be a $150.00 charge for the
necessary back-flow.
It was pointed out that the $25.00 permit fee in Dublin would assist in
defraying administrative costs as well as repair(s) to hydrant(s) that
may get damaged.
Mr. Amorose commented that he felt that contractors who depend upon this
type of water source would be facing an inconvenience and expense, noting
also that there would be duplication in record keeping, a contractor having
to file in both Dublin and Columbus.
It was noted that Columbus wants to be "paid up front" for water usage.
It was suggested that perhaps Columbus would be willing to collect Dublin's
$25.00 per fee, but then was felt that it would be better for the City of
Dublin Staff and Fire Chief Bostic and his staff to be aware of who had
a permit to use the hydrants, who caused the damage (if there was any),
etc.
Mayor Rozanski suggested to Mr. Amorose that perhpas the Ohio Nurseryman's
Association might want to discuss the procedure with the City of Columbus.
Responding to a question from Mr. Chambers, Mayor Rozanski said that
persons would not be able to fill swimming pools with water from hydrants
as they had in the past; that Dublin cannot issue a permit for something
that Columbus does not allow.
Ms. Maurer moved to waive the three time reading rule and pass as an
emergency.
Mr. Jankowski seconded the motion.
Vote - Mayor Rozanski, yes; Mrs. King, yes; Mr. Strip, yes; Ms. Maurer,
yes; Mr. Jankowski, yes; Mr. Sutphen, yes; Mr. Amorose, no.
RECORD OF PROCEEDING
~,linutes Of Dublin City Council Meeting Meeting
OA1'f iJN Lt(,AL BL.A NK CO.. FORM NO. 101-18
II
Held.___ r?ay_ 1 , 1989
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Page Four
Vote on the Ordinance - Mr. Jankowski, yes; Mayor Rozanski, yes; Mr.
Amorose, no; Mrs. King, yes; Mr. Sutphen, yes; Mr. Strip, yes; Ms.
Maurer, yes.
Following discussion it was noted that there would be a $25.00 permit fee
per hydrant in the City of Dublin.
Ordinance No. 39-89 - Ordinance Adopting Rules and Regulations for the
Protection and Preservation of Parks, Reservations of Land, Green Space
and Other Lands Open to the Public in the City of Dublin. First
Reading.
Mrs. King introduced the Ordinance.
It was noted that there was no penalty section in the Ordinance, and the
Law Director's office said that there would be an amended Ordinance prior
to the second reading of the Ordinance at the Council Meeting on May 15,
1989.
Ordinance No. 40-89 - Ordinance Authorizing City Manager to Enter into a
Contract for the Purchase and Installation of a Generator - Dublin
Division of Police. First Reading.
Mr. Amorose introduced the Ordinance.
There was some concern expressed by members of Council as to why this
purchase was not going out for bid, with an estimated cost of approximately
$15,000.00.
It was noted that several necessary reports had been delayed and that the
final report could not be written as quickly as had been hoped. It was
also pointed out that the dispatching and computerization would be "on
line" June 1, 1989, and that backup power would be essential.
Ms. Maurer moved to waive the three time reading rule and treat as an
emergency, and that Second 1. of the Ordinance would read a 46 KW Gas
generator.
Mrs, King seconded the motion,
Vote on the motion. Mr. Sutphen, yes; Mrs. King, yes; Mr. Jankowski, yes; M yor
Rozanski, yes (with reservations); Mr. Amorose, yes; Ms. Maurer, yes; Mr.
trip ye
ote bn thse Ordinance - Ms. Maurer, yes; Mr. Sutphen, yes; Mr. Stri
Mrs. King, yes; Mr. Amorose P~ yes;
yes; Mr. Jankowski, yes; Mayor Rozanski, yes,
with reservations.
Request for Approval of Preliminary Plat - Dublin Commerce Park.
Ms. Clarke explained that Dublin Commerce Park is an industrial subdivision
which is located south of Shier-Rings Road. She noted that there was
considerable discussion at the Planning and Zoning Commission meeting and
that the Commission recommended approval with the following six conditions:
~,,..a
1. Coordination of the roadway alignment/configuration to complement the
Coffman Road Extension.
2• Reconciliation of the exact location of the retention basin on the
site to handle storm water from Heather Glen on the Preliminary Plat
submittal and appropriate drainage calculations.
3. Landscaping/mounding plans for the area in Lot 3 adjacent to Heather
Glen and the residential uses on the east side of Wilcox Road.
4. Addition to the plan of notes regarding the deed restrictions affectin
the property as well as information on cross easements between
Heather Glenn and Commerce Park.
5. Submission and donation of appropriate utility easements for the
sanitary sewer extension through the site.
6. Consultation between the developer and the engineer to work out
satisfactory storm water retention.
RECORD OF PROCEEDINGS
1~linutes of DublinCity Council Meeting
1~Zeeting
- DAYTON LEGAL BLANK GO.. FORM NO. 10148
~ Held _ Mav i _ i 9~9 19 ~I
Page Five
Ms. Clarke said that the conditions were imposed at the time of the Public
Hearing at the Planning Commission meeting and were accepted by the
developer.
Mr. Sutphen moved to approve the Preliminary Plat -Dublin Commerce Park.
Mr. Jankowski seconded the motion.
Vote on the motion - Mr. Strip, yes; Mr. Jankowski, yes; Mrs. King, yes;
Mr. Sutphen, yes; Mayor Rozanski, yes; Ms. Maurer, yes; Mr. Amorose, yes.
Request for Approval of Planning and Zoning Commission Rules and Regula-
tions.
Ms. Clarke said that the Planning and Zoning Commission had put together
a list of rules and regulations regarding its meetings, etc.
She also noted that by Dublin Charter that it is necessary for those
rules and regulations to be passed by Council as well, in order for them
to go into effect.
Mr. Thomas Grace, Chairman of the Planning and Zoning Commission, said
that the purpose of the rules and regulations is to increase the
efficiency as well as perhaps the order of Planning and Zoning Commission
meetings.
Mr. Grace, Mr. Joel Campbell and Ms. Mary Ann Rausch served on the
Committee which wrote the rules and regulations.
Responding to a question from Ms. Maurer, Mr. Grace said that in order
for an item to come up for consideration that the applicant must be
in attendance at the meeting; if there is to be a vote to be taken by
the Commission the applicant will be there to be able to answer any
questions from citizens or members of the Commission.
He did note, however, that as a practical matter if the applicant makes
a request through staff that an application be tabled that the Commission
did not feel that the applicant would need to be in attendance at that
particular meeting.
Mr. Sutphen moved that Council approve the Planning and Zoning Commission'
rules and regulations.
Ms. Maurer seconded the motion.
Vote on the motion - Mr. Amorose, yes; Mr. Jankowski, yes; Mrs. King, yes;
Mr. Strip, yes; Ms. Maurer, yes; Mr. Sutphen, yes; Mayor Rozanski, yes.
Discussion Regarding Exploration of Methods to Improve Traffic Flow at
Bridge/High Streets and Bridge Street/Riverside Drive Intersection.
Mr. Hansley referred to the Summary portion of a memorandum of March 15,
1989 and the suggestion that left turn signal indications at the Bridge
Street/High Street intersection be taken out of operation (one at a time)
until a level of operation is reached with which the community can live.
It was also pointed out that with the rebuilding of the O'Shaughnessy
Bridge beginning later this month that additional traffic will be coming
into the intersection.
Mayor Rozanski suggested perhaps using police officers work the inter-
section during peak hours.
Lt.Geis noted that the physical presence of an officer at the intersection
might resolve that particular traffic situation but that it would
probably create a "nightmare" somewhere else.
He also noted that there would be officers at the intersection during
Tournament Week and that they would be trying to develop alternate ways
of getting traffic through the intersection and then could report back to
Council following the Tournament.
Mayor Rozanski suggested that perhaps Council should "take a Look into"
appropriating funds for hiring personnel to assist with getting traffic
through the intersection.
RECORD OF PROCEEDINGS
1~11nUteS Of Dublin City Council Meeting
Meeting
onrro ni i..e~n~ ev,Nrc co., Foam No. ioiae
~ Held May 1 , 1989
- 19
Page Six
Mr. Strip commented that he would rather have unhappy persons vent their
anger at a traffic light rather than at a police officer.
He also said that he felt that it was ludicrous to have a single west-
bound lane, and noted that a reversible lane often works well in high
density areas.
Mr. Amorose mentioned the bottleneck at Dublin Road for westbound traffic.
He suggested that the City purchase the property on the north side of
the intersection (Domino's Pizza, Chris's, etc.) and construct and right
hand turn lane.
Mrs. King expressed a concern that the problem be addressed before the
situation becomes a crisis, perhaps after the Tournament. She also
suggested encouraging people to cross at Hayden Run Bridge, come up
High Street and go west from there.
Discussion Regarding Street Lighting on Bridge Street.
Mr. Hansley referred to a memorandum from the City Engineer addressing thi
particular topic. In 1988 Council passed consent legislation to
participate with ODOT on the safety upgrading and overlay project on U.S.
33 from the west corporation Line to Franklin Street. It was noted that
recently ODOT has asked if Dublin would like street lighting along
Bridge Street to be included as part of that project. ODOT would install
high tower lighting within the interchange of I-270 and U.S. 33 with the
possibility of installing similar lighting at other interchanges.
It was noted that the appearance would be similar to the lighting on
Sawmill Road between S.R. 161 and I-270.
Dublin would need to pay the design costs which would be in the range of
$5,000.00 to $15,000.00.
Mrs. King said that as Chairman of the Public Service Committee she had
spoken to the Engineer on this issue the previous week. She noted that
she did not feel it would be appropriate to proceed with the project at
this present time.
She commented that the City is looking at issues, for example, making a
more pedestrian, friendly downtown, rejuvenating the area; that all the
projects would have to work together, noting that the City would
most likely consider some sort of historical and more aesthetically
pleasing fixtures than the type that are being installed at I-270 and
S.R. 161.
It was decided that the Public Service Committee and the Safety Committee
would discuss and review the issue further and report back to Council
at a future meeting.
Request for Bed Tax Funds - Dublin Historical Society.
Mr. Jankowski moved to approve the request of the Dublin Historical Societ
for $3,000.00 to cover the cost of Liability insurance due to the sale
of beer at a celebration on June 30, 1989.
Mr. Sutphen seconded the motion.
Vote - Mr. Jankowski, yes; Mr. Strip, yes; Mr. Amorose, yes; Mrs. King,
yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Ms. Maurer, yes.
Comments from Staff
Chief Ferrell announced that the Attorney General for the State of Ohio
would be in Dublin on Tuesday morning at 9:00 A.M. to help the Dublin
Division of Police "kick off" the D.A.R.E. Program.
Comments from Citizens
Mr. Chambers commented on the legislation passed previously regarding
the use of water (filling of swimming pools). He said that he felt that
information should have been made available and that the imposition of a
new tax calls for further deliberation and review in public.
RECORD OF PROCEEDING
MinUteS Of Dublin City Council Meeting
Meeting
OAfTON LEGAL BLANK CO., FORM NO. 10148
Held-- Mav i 9s9 19
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Page Seven
Council Roundtable Discussion
Mrs. King
1. First responded to Mr. Chambers' concern. She noted that members of
Council had had an opportunity to study the legislation, ask
questions, etc. She noted specifically, that members of Council do
rely upon information provided by staff, who are quality people and
"know their business".
2. Regarding status of bulging retaining wall..
Mr. Hansley reported that several groups had met regarding the walls
(the golf course, the civic association, the developers, etc.) and
that the developer will make the repairs and perhaps the City would
pay half of the cost ($5,000 to $7,000). He noted that three of
the four walls had held.
Mr. Amorose noted that he had a problem with that; that this is a
private golf path, not open to the public; that he did not understand
why City monies would even be considered to do the improvement and
repair.
There was discussion regarding whether or not the path was in the
right-of-way; whose responsibility will it be to replace those
deteriorating walls; did the City accept responsibility through the
plat approval process; what are the liabilities involved for the
City.
Mayor Rozanski said, after examining the retaining wall, was not
placed there to hold the embankment for the road but was placed
there to leave space for the bike path.
Responding to a question from Mr. Amorose, Mr. Hansley said that in
his opinion that the City would have to maintain and repair all
of the culverts under the roadway.
Mr. Hansley said that the estimated cost of the project would be
about $5,000 to $6,000 with the City paying half.
Mrs. King said that she too shared Council's concerns and that
Council does definitely need to come up with a policy so that when
additional situations such as this arise that Council has a definite
policy and standard to follow.
3. Also, as regards the emergency ordinance said that she did not feel
that it was a new tax as much as it is a user fee which is far more
fair to the general public - to have it paid for by the users and
not be subsidized by the public at large.
Mr. Jankowski
1. Wondered if it would be possible for the City to get a blanket rider
policy or something on the City's liability insurance policy so
that groups would not be required to ask for bed tax funds to pay
for liability insurance when beer is sold at an event.
Mr. Harding said that the City does have host liquor liability
coverage, but when Liquor is sold the host liquor liability coverage
is no longer any good. If it is sold for profit, a different form
of coverage is required
He said that he would look into it further and report back to
Council.
Mr. Sutphen
1. Reported that he had been meeting with Mr. Johnson finalizing the
specifications for the new street sweeper.
RECORD OF PROCEEDINGS
1VTinut.es Of Dublin City Council Meeting Meeting
D4'(LON LtGAL BLANK CO.. FORM NO. lOI48
Held May 1, 1989
- 19
Page Eight
Mr. Strip
1. Noted that members of Council had been invited to participate in the
After Prom Party sponsored by Parents Care on Saturday, May 6, 1989.
Ms. Maurer
1. Reminded members of Council that they had been invited to participate
in the Legislative Conference sponsored by the Ohio Municipal League.
2. Mentioned the proposed statement of policy for the Convention and
Visitors Bureau. Said she had discussed same with Council's
representatives to the Bureau - Cathy Erickson and Bi11 Denihan.
Mr. Amorose
1. Commended the Dublin Division of Police for an excellent Open House
the previous Sunday.
2. Thanked Mr. Hansley for his patience at the recent Goal Setting
Retreat.
Mayor Rozanski
~ 1. Encouraged all to go and vote on Tuesday, May 2, 1989.
2. Announced that there is a possibility that the City of Dublin may be
the host city for the fourth game of a four game series of soccer,
' which is a preliminary round for the World Cup. Noted that there
will be four games held this year and that the winner of that Round
Robin will be going on to be one of the 24 teams that will compete
in the World Cup in Italey. Dublin has submitted a bid on hosting
a game on November 5, 1989 - a game between E1 Salvador and the
United States.
The primary reason Dublin was approached is because of Dublin's
athletic facility - the Dublin High School athletic facility is
one of the few facilities in Ohio, the only one in Central Ohio,
that is capable of handling this type of event (the Dublin football
field is large enough to host a soccer game).
Noted that the proposal is a joint effort by the Convention and
Visitors Bureau, the Chamber of Commerce, the Soccer League, the
Dublin Local Schools, City Staff, etc.
Mayor Rozanski adjourned the meeting at 9:42 P.M.
_ r - Presiding ficer
~I
Clerk of Council