HomeMy WebLinkAbout03/01/1993
Minutes of
RECORD OF PROCEEDINGS
Dublin City Council Meeting
Meeting
DAYTON 1 FGAL BLANK co. FORM NO. 10148
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March 1, 1993
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The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Ian
Rozanski at 7:35 p.m. on Monday, March 1, 1993, and Me. Campbell led the Pledge of Allegiance.
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Members of Council present for roll call were: Me. Strip, Me. Amorose, Mr. Campbell, Mr.
Kranstuber, Mayor Rozanski, and Mrs. King. Mr. Sutphen was absent (excused).
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Mr. Hansley, City Manager, and Mr. Banchefsky, Assistant Law Director, were also present.
Approval of Minutes of February 15. 1993 Meetine
Me. Amorose moved to approve the minutes of the February 15, 1993 Council meeting.
Mrs. King seconded the motion.
Vote on the Motion - Mayor Rozanski, yes; Me. Kranstuber, yes; Mr. Amorose, yes; Mr. Strip,
yes; Me. Campbell, yes; Me. King, yes.
Correspondence
The clerk reported that two liquor permit applications were included in the packet: one is a C-2
permit for 6500 Riverside Drive, Suite A; the other is for a C-2 permit at 345 W. Bridge Street.
There were no objections from Council.
Comments from Visitors
There were no comments from visitors.
Lellislation
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Ordinance No. 11-93 - An Ordinance to Authorize the &tablishment of a Merchandising Fund.
(Third Reading)
Me. Hansley noted that this legislation calls for the establishment of a rotary fund to keep track of
merchandise monies received by the City and for purchase of merchandise for restocking. Staff
recommends adoption.
Vote on the Ordinance - Me. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski,
yes; Me. Strip, yes; Mr. Amorose, yes.
Ordinance No. 14-93 (Amended) - An Ordinance to Amend Section 1305.01 of the Dublin
Codified Ordinances - CABO One and Two Family Dwelling Code. (Third Reading)
Mr. Lenz commented that adoption of the new section has two categories, Appendix C and Appendix
F. Appendix C allows regulation of modular units, and F addresses the safety separation of hot tubs
and swimming pools. He added that staff is requesting adoption by emergency. The contractors'
meetings are continuing to educate them regarding the new Code provisions.
Mr. Amorose moved to treat this as emergency legislation.
Mrs. King seconded the motion.
Vote on the Motion - Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Me. Strip, yes;
Me. Amorose, yes; Me. Kranstuber, yes.
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Vote on the Ordinance - Me. Strip, yes; Me. Amorose, yes; Me. Kranstuber, yes; Mrs. King, yes;
Me. Campbell, yes; Mayor Rozanski, yes.
Ordinance No. 19-93 - An Ordinance Adopting Weapons and Firearms Regulations. (Second
Reading)
Mayor Rozanski stated that all proponents and opponents of this legislation are invited to speak this
evening. Testimony will be taken for 1-1/2 hours per side, and three minutes will be allotted for
each speaker.
Mr. Strip commented that Council members are all here to listen and learn from the testimony being
given tonight. The ordinance is subject to change, amendment, and compromise, as are all
Minutes of
RECORD OF
Dublin City Council Meeting
PROCEEDINGS
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DAYTON LEGAL BI ANK co. FORM NO. 10148
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ordinances brought before Council.
Mayor Rozanski then invited speakers to come forward.
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Dewey Stokes stated that he has served for 25 years as a police officer with the City of Columbus,
and currently serves as the national president of the Fraternal Order of Police. He commented that
neither he nor any other police officers are opposed to law-abiding citizens owning firearms to be
used for hunting or trap-shooting. Tonight's ordinance is not a second amendment issue, as recently
confirmed by Justice Powell, and police officers support the second amendment to the Constitution.
He noted that federal gun registration forms are never checked because these records are not
computerized and must be hand-checked. Passage of this legislation will deter crime, as the National
Institute of Justice study shows that 22 percent of weapons illegally used were purchased over-the-
counter. Background checks prior to weapons purchases are more economical than the later
investigations of homicides. The passage of the Brady Bill at the national level will provide funding
to improve computerization for law enforcement throughout the country. He gave several examples
where guns were purchased over-the-counter in Ohio with profits from drug trafficking and re-sold
on the East coast.
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Linda Belew. 7770 Bale Kenyon Road. Galena. Ohio stated that she supports the gun control
ordinance. She believes this legislation is an important step toward making guns less easily available
to criminals. As a market research professional, she recommended that Council undertake a
scientific survey among Dublin residents to assess their support for the legislation. She offered
statistics compiled in a 1991 survey of registered Ohio voters conducted by an independent research
company where 92 percent favored a background check and 94 percent favored a waiting period.
This survey was conducted among a representative sample of 1,066 members of the voting public
in Ohio, including gun owners. These results, allowing for sampling error of + /- 1 percent indicate
that 93 to 95 percent of Ohio voters favor a waiting period. She quoted Stewart Gerson, Acting
Attorney General of the U.S., who recently commented that there is too much gun crime and
stronger steps must be taken to regulate access at the point of supply. Until a national law is passed,
Dublin City Council has a responsibility to protect their own community by passing this ordinance.
All will be safer as a result.
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Doug Martin. 51 Indian Sprinl!s Drive. Columbus stated that their family was recently touched by
gun violence and he subsequently has investigated why so many young people and criminals have
guns. He spoke with Don Mapely, head agent of the Bureau of Alcohol, Tobacco and Firearms in
Columbus and learned that it is very easy for criminals to acquire firearms in the Columbus area.
Ohio has become a leading source of weapons for gangs in major cities such as Chicago, New York,
Detroit, Washington, D.C., and other areas where strict laws for gun control are enforced.
Virginia, a leading state in gun running activities until last week, has passed a bill restricting gun
purchases to one per month. Ohio will likely now become a major supplier of weapons to criminals
on the East coast. He described the current requirements for purchasing guns in Ohio, which simply
entail completing forms and paying fees. The federal purchase form is then retained by the gun
dealer in a filing cabinet. Criminals bring crack/cocaine to Columbus and sell it for profit,
subsequently using the profits to purchase guns for resale in cities which have strict gun control
laws. Until national laws address these problems, cities and suburbs across the country are being
forced to adopt gun control ordinances similar to what Dublin is currently doing. The anti-gun
control lobby doesn't believe gun controls curbs violence; however, they are not offering any
reasonable guidelines for the purchase and distribution of firearms.
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Karen Wachtel. 385 Charmel Place. Columbus. Ohio. stated that assault weapons were created for
the military to use in warfare, with the intent to kill as many people as possible as quickly as
possible. These weapons do not belong on the streets of Dublin. They are also the weapons most
coveted by criminals and are sold in a local gun store. The ads run by the local gun store are a
blatant attempt to lure criminals to Dublin to shop. Based on public records in 1991, one store in
Dublin sold over $65,500 worth of guns, ammunition and supplies on average each month. This
equates to $728,000 per year in sales. She wonders how many customers were from Dublin. She
added that assault weapons are 10 times more likely to be used in crime than all other firearms.
Recently Dublin experienced two robberies where assault weapons were used. Something must be
done now to stop the spread of these assault weapons. She urged Council to pass this gun control
ordinance.
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Sue Martin. 51 Indian Springs Drive. Columbus, testified that she supports the gun control
legislation. Three months ago, her son was brutally murdered and tortured in the robbery of a
sporting goods store by three men with guns. One had a record of weapons charges; another had
Minutes of
RECORD OF
Dublin City Council Meeting
PROCEEDINGS
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DAYTON I FGAI 81 ANK co. FORM NO. 10148
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a record of drug related charges. She wondered what they were doing with guns. Her son was
deprived of his future. Although it is too late for her son, she requested that Council pass this
legislation before it is too late for other children. She added that a ban on assault weapons and the
establishment of a seven-day waiting period for the purchase of firearms will not take away anyone's
constitutional rights. She urged Council to pass this ordinance.
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Rev. Dr. Gary Blaine. Dublin Unitarian Universalist Church. 2400 Sutter Parkway, stated that he
is an advocate for children at risk for the Unitarian Universalist Service Committee. On behalf of
all children, especially those whose lives have been brutally destroyed in gun-related violence, he
urges Council to support this ordinance. Every day in the United States, 30 children are wounded
by handguns or other weapons, and every day 10 children die from gunshot wounds. More than
135,000 children bring guns to school each day. Franklin County school districts have recently
experienced incidents where guns have been brought to school, Le., Columbus City Schools,
Worthington and Upper Arlington. According to the National Commission on Children, more
teenage boys in the United States die of gunshot wounds than all natural causes combined. Although
there are many contributing factors to this situation, the increased and widespread availability of guns
has significantly increased the number of violent deaths. We have a responsibility to address the
reckless availability of guns and assault weapons in our society. He added that there are many
citizens who are afraid that gun control legislation will abrogate the second amendment to the
Constitution. He believes that gun control does not violate the right to bear arms. The Constitution
is silent on the process by which arms are issued, thus allowing responsible governments the right
to establish a procedure by which guns can be obtained for responsible citizens. Children who are
killed by handguns or assault weapons are denied other rights guaranteed by the Constitution. He
urged Council to support this legislation on behalf of children throughout the Columbus area.
David German. 223 Bluewinl! Court. Columbus. stated that he is a gun owner who believes in a
person's right to bear arms and also a husband and father of two small children. For the safety of
his family, he is voicing his support of this legislation. Guns can be a source of great enjoyment
in the pursuit of target shooting and hunting, but they can also be a piece of hardware that can maim
or kill a human being. A seven-day waiting period and background check could stop many
impulsive purchases of guns for use in the commission of a crime. He doesn't believe any law-
abiding person will object to obtaining a permit to own a gun. He believes assault weapons are
designed only for destruction and not for sport. For safety reasons, he urges Council to pass this
common sense gun control law. He is hopeful that other surrounding cities in the area, including
Grove City, will adopt this type of legislation.
Elaine Shay. 67 Indian Springs Drive. Columbus, stated that legislation will be a step toward making
this a safer community. Many people are afraid of the increasing violence which has become
common place, and of innocent people being killed at schools, in stores, and on the streets. It takes
individual action from citizens and legislators to take positive steps forward on this issue. The
availability and accessibility of weapons must be curbed. We all have the right to live in a safe
community. She urges Council to pass this ordinance.
Jim Masters. 160 E. Granville Road. Worthin~on, testified that he supports the right to bear arms,
but he also believes that a cooling-off period for gun purchase makes a lot of sense. Crimes of
passion as well as drug addicts seeking to make profits could be halted by these controls. He
described a personal experience where his cousin, an L.A. police officer and ex-Marine, was
murdered by a 16-year old girl with an assault weapon. He believes the police in our communities
are at risk.
Janet Doul!las. 87 N. 21st Street. Columbus. Ohio, stated that she favors common sense gun laws
such as the one before Council tonight. This will be a step in the right direction toward control of
the assault weapons which are powerful vehicles of destruction. The seven-day waiting period may
dissuade some persons from committing acts of emotional violence. The gun control laws will not
stop the hunter or target shooters from practicing their sports, and citizens will be able to live their
full and natural lives.
Ken Scheq>elz. 5200 Bandon Court. Columbus, stated that he notes that many neighbors and friends
are in attendance this evening and he is disturbed that these same people are now at war with each
other over this issue. He believes that all desire a safe environment in which to raise their families
and thus share the same goals. The framers of the Constitution could not anticipate how complicated
society could become today where weapons with devastating fire power could easily be purchased
by those unqualified or untrained to operate them. Thus they provided a process where laws can
be enacted to ensure the safety of the community. Governments have laws and regulations in regard
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Minutes of
RECORD OF
Dublin City Council Meeting
M~~~i~R_____
PROCEEDINGS
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DAYTON LEGAL ALANK co. FORM NO. 10148
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March 1, 1993
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to driving cars and many other areas in an effort to provide a safe community in which to live. He
is concerned about the rights and safety of all citizens in the Dublin community. He urges Council
to pass this ordinance for the well-being of all of its citizens.
Karen Snyder. 64 Overbrook Drive. Columbus. Ohio, stated that although citizens here tonight are
proponents and opponents of the legislation, both groups are concerned about personal rights and
freedom, and both are using the legal process to have their voices heard. What is missing tonight
is the point of view of those who use guns to kill people. The real opposition are those who can't
wait a few days to purchase a gun because they need guns now to resolve an issue by shooting a
friend or family member. The real opposition are the teenagers who decide in a fit of temporary
despondency to kill themselves, shattering their own bodies as well as the lives around them. She
added that communities like Dublin are the breeding ground for national agendas because the
lawmakers are close to the people and not beholding to large interest groups. People still trust local
government more than state or federal government. The message must be heard in communities like
Dublin to stop the senseless killing and violence until the federal government takes action.
Rex Davidson. 1855 State Route 605. Sunbury. Ohio, commented that is a friend of Doug and Sue
Martin and was touched by their loss. He is a gun owner and does not believe there is anything in
the ordinance to prevent anyone from owning a handgun, except for those defined as semiautomatic
weapons. He added that these types of weapons are not used for target shooting or deer hunting,
but instead for taking someone's life.
Dorothy Barnes. 33 Wilson Drive. Worthington. Ohio, stated that she grew up in Iowa where her
father enjoyed hunting. Her father was opposed to easy access to handguns partly because he was
a funeral director and had witnessed the results of their use. She believes requiring a waiting period
will prevent a criminal from buying a weapon as it will allow time for a background check. It also
serves as a cooling-off period for an angry or depressed person. If Council does not pass this law,
they may have allowed someone in their home or community to cause harm or be harmed in a way
that could have been prevented.
Mary Hoffelt. 146 Erie Road. Columbus. Ohio, testified that she is tired of living in fear and doing
nothing about it. Thus, she and others present tonight have decided to speak up. She is a
grandmother of four small children who attend school in the Columbus area where they are subject
to the consequences of someone bringing a gun into their school. It is important to start somewhere
to control guns and Council has that opportunity to do so.
Nina Meindl. 457 Whitson Drive. Gahanna. Ohio, stated that there is no legal reason that anyone
in her community or in the Dublin community needs to have an assault weapon. She believes it is
important that they be banned - the safety of all residents is at stake. Council should send a message
to those they represent that they are taking important, sensible steps to protect them.
Bob Hern. 156 W. California Avenue. Columbus. Ohio. stated that he is a gun owner, a Navy
veteran, and supports the Constitution. In 1977 he witnessed the purchase of a gun in a gun store
where the person requested the cheapest gun in the store and 6 bullets. The clerk gave him the gun
and the bullets, no questions asked, and directed this person to pay at the counter. This incident
convinced Mr. Hern that gun control laws are very important. He urges Council to pass this
legislation.
Mayor Rozanski then asked that opponents come forward to speak.
Charles Perin. 7232 Hopewell Street. Dublin, stated that he is a Dublin resident, a hunter, target
shooter, gun collector, and certified rifle collector. He is also a lawyer, an Ivy league graduate, a
government employee, father of two boys in Dublin schools, and Cub scout leader. He moved to
Dublin in 1990 because moving to Columbus would brand him as a criminal as he owns semi-
automatic weapons. He takes issue with the preamble of the proposed legislation where it states that
magazine-fed, semiautomatic rifles do not have a legitimate hunting, sporting or collecting purpose.
Camp Perry, Ohio is the site of the national, high-power rifle championships. Almost every rifle
used in the national championships is on the expressed banned list contained in the ordinance. Many I
of these weapons costs upwards of thousands of dollars, and are not the weapons of choice for
criminals. They instead opt for weapons which can be easily concealed. He stated that this ban I
affects only Dublin residents, and questioned whether Dublin has such an entrenched criminal I
element that the only way law-abiding citizens can protect themselves is by banning semiautomatic Ii
rifles. Criminals will ignore this law anyway. He added that he uses several weapons on the list II'
for competitive shooting, varmint control on his farm, and has a weapon on the list in his gun
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Minutes of
RECORD OF
Dublin City Council Meeting
PROCEEDINGS
Page 5
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DAYTON I FGAI Bl ANK CO. FORM NO. 10148
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March 1, 1993
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collection. He would therefore be considered a criminal under this ordinance. As a Dublin resident,
he urged Council to consider the effects of this ordinance.
Judith Day-Barrinl!er. 9290 Muirkirk Drive. Dublin. Ohio. stated that she is a business owner and
manager in the City of Dublin. She stated that there is no evidence that there is a crime problem
in the City of Dublin with regard to guns purchased here. She believes this law represents a method
of erosion on her personal rights and liberties. It could be interpreted as a possible collaboration
with the City of Columbus and/or its Council members for future annexations or other joint political
ventures. It is the duty of Dublin City Council to respect the sensibilities of Dublin residents and
businesses. She believes Council should not be influenced by the outsiders attending this reading
tonight.
William Allen. 7387 Brandshire Lane. Dublin. stated that he is a market research professional who
lives in the community. He believes there is no legitimate need for this legislation in the
community. This ordinance places undue hardship on law-abiding citizens and will not solve the
perceived problems surrounding guns and their ownership. He stated that there has never been a
violent crime committed in Dublin with any assault-type weapons. According to the FBI's Uniform
Crime Report of 1991, less than one percent of all gun-related crimes were committed with assault-
type weapons. In communities where this type of legislation has been enacted, double-digit increases
in gun-related crimes have resulted. To stem the growing gun problem, he suggests two things:
Children should spend more time with their parents and families should spend more time at their
churches and synagogues. In lieu of all this, he favors severe penalties for anyone committing a
crime with a gun. Several of the weapons proposed to be banned are specifically required in the
competitions at Camp Perry. He invited all Council members to his club to experience the weapons
which are on the proposed banned list. He added that they will need to know the four rules of safely
operating a handgun or rifle prior to going.
Susan Fisher. 7387 Brandshire Lane. Dublin. testified that she is not a member of the NRA as are
many in attendance this evening. She enjoys the sport of target shooting and takes issue with the
third paragraph on the first page, where it states that these weapons have no legitimate sporting,
hunting, collecting or target shooting purposes. This sport is all-American, good, clean fun. She
stated that the criminals should be punished, not the citizens. She challenged Council to study the
motives of the people behind this ordinance. She also plans to complete her application for the NRA
this evening and hopes she will not soon be here defending her right to cycling, another all-American
sport she supports.
Stephen Branam. 154 Corbins Mill Drive. Dublin, testified that he has lived in this community for
10 years. He believes there is no basis of crime in Dublin to warrant this ordinance. He believes
that this ordinance will result in increased police costs which will result in a decrease of services in
other areas or increased taxes. He told of a personal experience where he and his wife were victims
in their home of an armed robbery. He purchased a gun the next day so that he would not be fearful
in his own home. It is important to look at this ordinance in a Dublin context. He does not believe
there is justification for passage.
Charles Lambert. 4100 Summitview Road. Dublin, stated that he has lived in Dublin for 10 years
with his wife and children. They are strongly opposed to the proposed legislation. In the first
paragraph, it refers to "unregulated possession or sale of assault weapons". This is misleading. All
firearms are regulated and require a federal legal document to be signed stating that you are not a
convicted felon, that you are a United States citizen, and that you are not prohibited from owning a
firearm for any reason. Failure to comply or lie on this form is a federal crime. Gun dealers must
maintain records of all firearms purchase and make these records accessible to authorities on
demand. Most guns cannot be purchased by out-of-state residents. Multiple sales to the same
person over a short period of time must be reported immediately on a separate short form to the
local police. He also questioned who defines the primary purpose of a firearm or whether a
particular firearm has any sporting purpose or collector's value. Some weapons on the list are worth
several thousands of dollars. He asked about documentation showing that no waiting period
contributes to crime or that having waiting periods does reduce crime. He asked about Dublin cases
in the past related to waiting periods and requested data. He also questioned the ban on magazines
and how that would affect crime. In Section 549.01, Item E, he questions the definition of a fully
automatic firearm. Semiautomatics capable of firing more than 31 rounds are now defined as fully
automatic. This is contrary to the federal government definition. High-capacity magazines are
available for most semi-automatic pistols, yet high-capacity guns would fall into the assault category.
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Minutes of
RECORD OF PROCEEDINGS
Dublin City Council Meeting Page 6
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DAYTON I EGAL BLANK CO. FORM NO. 10148
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March 1, 1993
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Gary Mulder. 4802 Inisheer Court. Dublin. stated that he a 12-year Dublin resident, a Vietnam era
Navy veteran and gun owner. He stated that this issue must be decided on the facts and needs
pertinent to Dublin only. All of the opponents of the ordinance find the misuse of a firearm
abhorrent and sympathize with those who have testified tonight who have lost loved ones. He
instead questions the need for and effectiveness of this ordinance on the criminal population. He
noted that in a review of Dublin crime records, none of the named firearms have been used in the
commission of the crime. The police chief has publicly stated that what is being termed "assault
weapons" are not a problem in Dublin. These firearms are also not a problem in Greater Columbus.
In a letter to Arlene Shoemaker, the former chief of police of Columbus stated that in 212 crack
raids, 179 firearms were confiscated, one of which is found on the list contained in this ordinance.
He quoted from a Dispatch article that "no rifle of any kind, let alone any assault rifle, was used in
the 114 homicides that occurred in Columbus last year, the police statistics show." He believes that
firearms as described in the ordinance are used for legitimate sporting purposes, target shooting, and
collecting.
Steve Kenyon. 5530 Loch More Court. Dublin. stated that he is impressed that not a single resident
of Dublin will speak out in favor of this ordinance. He noted that when he moved his family to
Dublin in 1989, he believed he was moving to a quiet, well-run, progressive city with an excellent
school system. However, in the subsequent four-year period, it appears that Dublin is simply unable
to exist in an atmosphere without controversy. Now we are facing an unnecessary gun control law
which will do nothing to reduce crime in Dublin. He is originally from Massachusetts and has lived
outside of metropolitan New York City. He has lived in jurisdictions where the chief of police
determines whether or not you are allowed to own any firearm for protection in the home, for
hunting, or for target practice. He does not wish for this to happen in Dublin. In 1988, a total of
only 119 citizens registered their firearms in all of Columbus when required to do so. There have
been no crimes committed in Dublin with the weapons listed on the proposed banned list. He does
not believe that a Dublin gun control ordinance would prevent someone from being killed by a knife
in Texas, as was previously stated in testimony this evening. He suggested that Council instead turn
its attention to the criminal element who are ignoring current laws and who will also ignore any
future laws passed.
Robert Card. 6917 Gullway Bay.Dublin. Ohio, stated that he is a graduate of Dublin High School
and of the University of Cincinnati. He is a member of the National Guard and currently is a trainer
in weapons orientation for newly enlisted privates for the State of Ohio in the Army National Guard.
He believes this ordinance does not make good common sense. All law-abiding citizens take pride
and respect in the use of firearms. He owns several weapons which he uses for demonstration
purposes for newly enlisted privates. He believes it is important for the City and the people to
maintain these types of weapons as well as their rights under the second amendment.
Chris Cline. 6060 Post Road. Dublin. testified that he is speaking from the vantage point of a
competitive marksman with regard to the rifles listed as assault weapons. He an active competitor
in the sports of biathlon, military triathlon, high-power rifle and military marksmanship events. He
is a major in the Ohio National Guard, instructs in military marksmanship, military duties, and runs
rifle and pistol ranges. He holds a certified rifle instructor rating from the NRA and conducts
firearms safety and marksmanship instruction to the youth of the community. In February, he
received the Bronze Excellence in Competition medal for rifle from the United States Army. He
is hopeful of ultimately attaining the gold distinguished rifleman badge. To do so, he must compete
in civilian and military matches. Three of the rifles he can use in civilian matches are on the list
in Ordinance 19-93: the AR-15, the M-1, and the M-1A. All three are regularly used in competition
in Ohio and are precision competition instruments. A consistent criticism of much gun control
legislation is that it fails to touch real criminals. The competitors who use these rifles in competition
in Ohio and elsewhere are probably among the most safety conscious, highly trained and
conscientious of all firearms owners. Their criminal impact in this country is negligible. He stated
that Dublin has had no problem with its citizens' ownership and use of these firearms and there is
no need for this legislation. State law already regulates weapons on an objective, uniform basis and
not on an arbitrary designation of 25 specific firearms. Ohio does this on a felony basis and not on
the misdemeanor powers that the City has. He urges Council to look at Ohio laws already on the
books which regulate magazine size, overall length and barrel length. Uniform laws such as these
apply to all firearms on the basis of capability rather than visual appearance. He urges Council to
more carefully study the issues involved and determine if Dublin really has a need for this
legislation.
Mark Rig~s. 3245 Martin Road. Dublin. stated that the right to own the firearms of his choice is
his birthright being as a United States citizen. He believes the government has no right to restrict
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RECORD OF PROCEEDINGS
Dublin City Council Meeting Page 7
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him from buying whatever he wants to buy. He asked if anyone has considered what impact
firearms ownership has had on Dublin. He believes that the relatively small amount of crime in
Dublin should be considered in regard to this legislation. He believes certain business owners in
Dublin should possess firearms. Law-abiding citizens are already limited in that they cannot always
carry their weapons with them.
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Marshall Platt. 2225 Sutter Parkway. Columbus. stated that he takes issue with the definition of
assault weapons. In the few studies which have been done, less than 1 percent of crimes have been
committed with these types of weapons. If the existing felony laws and federal regulations have
failed to deter criminal misuse of firearms, an ordinance such as this at the local level as a
misdemeanor will certainly not deter anyone. Waiting periods are also ineffective and no studies
exist to the contrary. As a member of Peoples Rights Organization, he introduced a paper, "Gun
Waiting Periods" by David Koppel of the Independence Institute to be distributed to Council, as well
as signatures of Dublin residents who are willing to offer home firearms safety courses. He asked
Council members to consider facts and not emotions in this issue.
Matthew Hooks. 4991 Arbor Village Drive. Columbus. questions the effectiveness of this ordinance
in preventing crimes of passion. According to the FBI Uniform Crime Reports, the vast majority
of these crimes take place between the hours of 11 p.m. and 5 a.m. when gun stores are not open
during these hours. The report also states that the perpetrators of these crimes usually have a long
history of abusive behavior toward their spouses if not outright criminal behavior toward strangers.
Criminals by definition choose not to obey the law. They will ignore this law as well.
Chris Ives. 1437 B Cliff Court. Columbus asked that his time be yielded to a Dublin resident who
missed the sign-up, and that he speak later, time permitting. Mayor Rozanski agreed.
.'----"'l
Phil Rowe. 7322 Wings Livery Drive. Dublin. stated that his fellow pro-gun advocates have given
Council the facts pertaining to the uselessness of gun control. He stated that he is a lifelong
resident of Franklin County. He is a law-abiding, tax paying citizen who belongs to the NRA. He
is concerned about the rising crime rate and appalled at the violence of crimes. He asked Council
to check with the Dublin Police Department to make public the statistics on crime in Dublin which
make this ordinance necessary. He urged Council not to pass this legislation.
D.L. Richardson. 6340 Graessle Road. London. Ohio, testified that he is a gun store owner. A gun
was stolen from his store, and the police were never able to provide any follow-up information to
him about its whereabouts. He believes the second amendment to the Constitution was intended to
protect citizens from the government. There are enough laws regarding gun controls. What is
needed now are judges who give stiff penalties for crimes involving guns. Many of his customers
are women who are afraid to walk to their cars at night. It is a constitutional right to bear arms.
Darrin W. Patrick. 6378 Cherylbrook Lane. Columbus. stated that he is strongly opposed to this
ordinance. He works in Dublin. He believes there is no basis for the statement in the ordinance
that these weapons have no purpose for collecting or target shooting purposes. These are weapons
which have seen America through four major wars and many military skirmishes. Owning a
Springfield Armory M-IA or a Colt AR-15 is to own a piece of American history. He added that
no gun law in any city, state or nation has ever reduced violent crime. The only way to reduce gun
violence is for steps to be taken on the state and national level to build more jails and to impose
stricter sentencing for all criminals.
"'"
Shelby Hickman. 6378 Cherylbrook Lane. Columbus. stated that he uses his firearms to defend
himself against crime. He has a right, as an American, to defend himself or his home. He serves
actively in the United States Army Reserves and he has seen what these weapons can do. Facing
a criminal with the same type of weapon when he attempts to rob his home will deter this criminal
from committing the crime.
."
Mark Gibaldi. 2547 Sawmill Forest Avenue. Columbus. stated that he is an information systems
architect for Huntington Banks and his job is to deal with logic and fact and disseminate information.
He provided a diskette containing the State of Florida's Commission on Assault Weapons Report _
May 19, 1990 for Council's review. He believes this is a second amendment issue and read
quotations from Patrick Henry, George Mason, and James Madison regarding the rights to arms.
He then read a definition of "arms" from Webster's Dictionary and the definition of "assault"
weapon. He believes there is confusion about what an assault weapon is. The weapons proposed to
be banned in Dublin are not fully automatic weapons and therefore not, be definition, assault
weapons.
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Minutes of
RECORD OF
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Meeting
PROCEEDINGS
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Michael Cutright. 4031 Brelsford Lane. stated that there seems to be a lack of communication II
between the local police, the gun stores and the central NCIC system. This needs to be investigated. 1.1"
Working for AT&T and knowing President Clinton's input from his hometown of Chillicothe, he
stated that tying Dublin into this superhighway data network will be essential in eliminating this I
problem. It will assist in preventing criminals from obtaining guns and help the police do their job. ,
Gary Barnes. 5027 Crockett Drive. Hilliard. commented that he is in the Reserves, has been on
active duty, and has seen how gun control works in countries such as Panama. It is frightening. In
Panama, you have to have permission from the police chief to obtain a weapon. This is essentially
the same process which will exist with the waiting period. He is a law-abiding citizen and has good
moral values. Gun laws have done nothing in large cities. He is a member of Peoples' Rights [I
Organization and is willing to teach safety with handguns. II
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Susan K. Davis. 5612 Lonl!bow Lane. Columbus. states that she is the owner of the gun store in
Dublin. She is the sole proprietor of Davis Guns and has lived and worked in Dublin for the past
16 years. She has operated the gun store here in Dublin for the past 11 years. She opposes the
passage of this ordinance on the basis that it will have a disastrous impact upon the safety and
security of all citizens. As documented in a 1984 study, an empirical analysis of federal and state
firearm control laws, waiting periods were totally useless in curbing crime. Further, they found no
relationship between a waiting period and any time of violent crime, except that in places with such
waiting periods they noticed a slightly higher robbery and homicide rate. None of the assault
weapons sold to Dublin residents have been used for illegal purposes, according to Dublin Police
reports. She added that felons are constitutionally exempt from registration requirements in
accordance with the 1968 Supreme Court decision in Hanes vs. U.S. where felons are prohibited
from possessing a firearm. Therefore, forcing them to register firearms would violate their fifth
amendment rights against self-incrimination. She quoted Florida State criminology professor, Gary
Kleck in closing. Professor Kleck believes that his investigation led him to the conclusion that the
anti-gun thesis is not supported by evidence.
Frederick G. Johnston was called to testify but was not present.
David McGrim was called to testify but chose not to do so.
Anthony Gioffre had signed up to speak but crossed out his name. He confirmed to Mayor Rozanski
that he did not want to speak.
Mayor Rozanski thanked all of those who testified this evening. He stated that all of the information
presented this evening will be taken into consideration by Council.
There were no comments by Council. A third reading of the Ordinance will be held at the March
15 Council meeting.
Mayor Rozanski announced that the meeting will be adjourned for a short break at 9:35 p.m.
Mayor Rozanski reconvened the meeting at 9:55 p.m.
Me. Hansley requested that Council reconsider passage of Ordinance No. 11-93 as emergency
legislation. Staff intended to request passage by emergency this evening. Some of the merchandise
items ordered are for the St. Patrick's Day celebration, and therefore staff needs passage by
emergency to proceed with merchandising plans.
Mrs. King moved to reconsider Ordinance No. 11-93 in order to modify the language.
Mr. Kranstuber seconded the motion.
Vote on the Motion - Me. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski,
yes; Me. Strip, absent; Mayor Rozanski, yes; Me. Amorose, yes.
Mr. Amorose moved to pass this as emergency legislation.
Me. Kranstuber seconded the motion.
Vote on the Motion - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr.Amorose, yes; Me.
Campbell, yes; Me. Kranstuber, yes.
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Ordinance No. 20-93 - An Ordinance Authorizing a New Position (Communication Specialist)
Within the Office of the City Manager and Amending Section 2.A ("Wage & Salary
Structure/Administration") and Section 12 ("Exempt & Non-Exempt Job Classifications") of
Ordinance No. 17-90 ("Compensation Plan"). (Second Reading)
Mr. Hansley stated that staff recommends holding this over for a third reading. There is no
additional information since the discussion held at goal-setting on this topic.
There will be a third reading at the March 15 Council meeting.
Ordinance No. 18-93 - An Ordinance Providing for a Change of Zoning of 1.89 Acres, Located
on the Northeast and Southeast Corners of Muirfield Drive and Dublinshire Drive to be
Rezoned from: R-l, Restricted Suburban Residential District and PUD, Planned Unit
Development District to: PLR, Planned Low Density Residential District. (First Reading)
Mayor Rozanski asked Planning Director Ms. Clarke if all of the information and data has been
submitted for this application prior to its referral to Planning and Zoning. She responded that it has
not yet all been submitted.
There was no motion to introduce the legislation nor to refer it to Planning & Zoning. Mayor
Rozanski stated that this ordinance will be considered at the next Council meeting if all information
has been submitted by that time. He requested that Ms. Clarke relay this to the applicant.
Other
Preliminary Plat - Wellington Place/Sheffield Place
Ms. Clarke stated that these are a pair of side-by-side subdivisions to be located on 61 acres on the
north side of Brand Road, between Brandon and Coventry Woods. This preliminary plat was
reviewed by Planning Commission in January and was approved with nine conditions. It consists
of a single-family subdivision of 130 lots, and is split east and west with two different developers:
Commonwealth Capital Corporation will do the western section, while M/I Schottenstein Homes will
do the eastern section.
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Conditions of approval were as follows:
1. That privacy fences be prohibited along lots which abut all park areas and plan and
supporting text be amended to reflect that;
2. That the retention pond areas be designed to provide for pleasing appearance, and that an
acceptable level of park use and proper maintenance be established, subject to approval by
the City Engineer and Parks Director;
3. That the applicant submit plans for tree preservation, street tree program, entry features,
etc.;
4. That the design of cross sections, street widths, rights-of-way, intersection geometrics, etc.
meet the approval of the City Engineer;
5. That Brand Road be re-striped to accommodate a left turn lane at Coventry Woods Drive
and that the Coventry Woods Drive entry be constructed as a 36 foot street on a face to face
measurement;
6. That all utility easements outside of the right-of-way and no parking areas along 26-foot
streets be designated on final plat;
7. That the applicant submit an adequate grading plan for storm water drainage along Dr.
Graham's property with the construction drawings;
8. That the applicant submit design standards for Sheffield Place which are consistent with
Wellington Place (this has been done);
9. That they regrade the ditch along Brand Road to improve traffic safety.
Staff is recommending approval.
In response to Mr. Kranstuber's question, Ms.Clarke stated that sidewalks and street trees will be
installed along Brand Road in addition to the interior of the development.
Mrs. King asked if this will include ditch enclosure.
Ms. Clarke responded that it has not been established that the ditch will be enclosed. The slopes
of the ditch will be broadened to increase traffic safety in the area. She is not sure if this will include
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ditch enclosure as such.
....",.
Mr. Campbell stated that Condition #7 in the Planning Commission minutes refers to Dr. "Grant's"
property; this should instead be Dr. "Graham." Ms. Clarke agreed.
Mayor Rozanski commented that overall this is an excellent project, but he highly disapproves of
parkland in people's backyards. He believes parkland should be located where the public can access
it instead of behind someone's private property for their personal enjoyment.
Mr. Kranstuber asked about the calculations of parkland, and requested that Ms. Clarke restate the
policy regarding including retention ponds in the parkland calculations.
Ms. Clarke responded that the engineers provide calculations of how much surface area will be taken
up with the stormwater management program for the subdivision. This surface area is deducted
from the area which is considered to be park. In this case, they exceed the parkland requirement,
but staff would not typically use the space that is required for stormwater issue as it would not be
counted as land toward the park dedication requirement.
Mayor Rozanski asked what the parkland dedication for this project would then be.
Ms. Clarke agreed that it would be 8.4 acres.
Mayor Rozanski stated that 4 acres of the 9.7 is retention pond.
F""~.
Ms. Clarke stated that all of this area is not required in order to handle the stormwater management.
These are a pair of ponds being used as a water feature, only a small proportion of which is needed
for stormwater management. The remaining portion is considered recreational and fits the rules and
regulations for parkland dedication.
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Mr. Kranstuber stated that almost half of the parkland is contained in an entry feature which is
nothing anyone can use for recreation. This will be a marketing feature, not a useful park area.
Ms. Clarke stated that these ponds will have a fence detail with lookouts over the ponds. The ponds
will be stocked and there will be a walking path around three-quarters of each of the ponds. There
will be flagstone walks around the backsides of the lots, as they do not want to encourage a lot of
traffic along the house side of the park.
Mr. Campbell commented that the ponds do provide a large setback along Brand Road as requested
by many people. It will provide a feeling of open space along Brand Road. He agrees that it is an
entry feature and provides storm water detention. But it also provides the feeling of a country road,
and therefore serves the purpose of green space.
Vote to Approve the Preliminary Plat - Mr. Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mr.
Amorose,yes; Mr. Kranstuber, yes; Mayor Rozanski, yes.
Swanson Property Design Text
Ms. Clarke stated that this project consists of 7.2 acres along the south side of Rings Road. At the
time the developer came in for rezoning, he committed to the Planning Commission that his
architecture would be submitted both to the Commission and to Council to determine that it was
acceptable.
The applicant went to Planning Commission in February, and his proposal was approved with 12
conditions. The colored elevations provided to Council depict where brick will be used on the
structures. A lengthy meeting took place between the developer, the Chief Building Official, and
Mark Jones of the Planning staff to work with the site facilities. The 12 conditions are listed in the
record of action for the Planning Commission. The Planning Commission felt there was too much
unnatural material siding these buildings, and not enough brick. In order to make the facades more
interesting, the developer has added some brick to the outside of the units and has broken up the
facade more. The conditions of approval are as follows:
1. That the applicant shall design and construct a circular turnaround at the south end of the
site as approved by the City Engineer. The southern entrance shown will not be available
for some time until the east-west road is constructed;
2. That the drainage basins be designed with a more natural shaped, less geometric looking
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perimeter with 20 percent of the outer perimeter bank planted with shrubs and grasses for
a more natural looking appearance;
That the applicant must submit for review and approval by the City Engineer proposed cross
sections of streets and turnarounds;
That the applicant must provide concrete barrier curbing along the private street, around
turnarounds and adjacent to parking areas. The design of curbing shall be submitted to the
City Engineer for review and approval;
That the design of stormwater management shall conform to MORPC guidelines;
That the site plan be modified to use alternating sizes of rear patio enclosures to provide
visual offset of units;
That the use of brick be increased as reflected on revised elevations and to include as a
minimum all end units, all front elevations that can accommodate brick, and at least two
alternating rear units. Rear patio enclosures are to utilize brick on both end walls and on
at least two offsets per building group;
8. That additional trees be added to landscape peninsulas along the private road, and all
deciduous trees be at least 2-112 inches in caliper in size including street trees, and that
shrubs be added to screen the parking areas adjacent to tennis courts;
9. That lighting be designed and installed to meet the minimum lighting levels and the Dublin
Lighting Guidelines;
10. That a plat be submitted to dedicate the necessary right-of-way in accordance with the
Community Plan;
11. That the conditions applicable at the rezoning shall continue to be applicable; and
12. That alternate exterior siding be utilized that is durable and capable of maintaining the
character of the development.
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The applicant agreed to these conditions, and it was approved unanimously by the Planning
Commission. This is not the kind of application normally reviewed by Council. The developer
made a commitment in an earlier hearing that he would defer to Planning Commission and Council
as to the architecture and site design on this project.
Mr. Ruma stated that in regard to Condition #12, they have agreed to use hardboard siding. He
added that on the rear of the 6-unit building, there will be an additional wall of brick on one
building.
Mr. Strip expressed his concern about the concept of accepting the tennis courts as part of the
parkland/public space requirements. He does not want to see this duplicated with other
developments .
Mrs. King added that while Council supports the overall concept of this development,there are
aspects which are not supported, i.e., the use of the public parkland dedication and the private streets
issue.
Mr. Ruma stated that they are only .2 acres short of the parkland requirements and, in addition, they
are building a tennis court which will be on Rings Road with signage identifying it as a public tennis
court.
Mayor Rozanski agreed that Council overall approves of this plan, although there are aspects which
they do not particularly agree with. He objects to the private streets.
p-
Mr. Kranstuber moved to approve the design text for the Swanson property.
Mr. Strip seconded the motion.
Vote on the Motion - Mr. Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mayor Rozanski, yes;
Mr. Kranstuber, yes; Mr.Amorose, yes.
Reports from Council Committees
Mr. Strip, Finance Committee Chairperson, reported that recommendation letters for bed tax awards
have now been prepared. He is suggesting that the applicants who do not concur with the
Committee's recommendation come to the March 15 Council meeting to present their case before
the entire Council. He asked if this is agreeable to Council.
Mayor Rozanski agreed with this course of action. This is the procedure followed in past years.
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Mr. Strip stated that the Committee is tonight recommending that the sum of $12,500 of bed tax
funds be allocated to the Dublin Women's Club to be used exclusively for the Dublin Arts Festival,
scheduled to be held this year in Coffman Park. The application was for $25,000. Council last year
allocated $10,000 for a one-day event, and this year the event will be two days. Some additional
assistance will be provided to the event by the City, i. e., electricity, etc. The club has agreed to
accept this amount so that they can proceed with their plans.
He moved to approve the Finance Committee recommendation of $12,500 for the Dublin Women's
Club Arts Festival.
Mr. Amorose seconded the motion.
Mr. Kranstuber asked about the procedure for the applications.
Mr.Strip responded that the Committee makes a recommendation and notifies the applicant of the
recommended award. The applicant can then either accept the recommendation or can make an
appearance before the entire Council to appeal the recommended award or denial.
Mrs. King expressed concern that this item was not included on tonight's agenda. She believes she
does not have enough information to ratify the committee's recommendation.
Mr. Strip responded that the award is 25 percent more than last year's award. The budget for the
event did not support the request. The Committee has studied this application at length, and four
representatives of the club attended the Finance Committee meeting. The applicant is under a time
deadline to enter into contracts for the event and is requesting some closure be brought to their
application.
A brief discussion followed regarding the Committee's review of the application.
~"i;,ii
Mayor Rozanski suggested a motion of a minimum award to the group of $12,500, subject to further
review at the next Council meeting. The award could then be revised upward if appropriate.
Mr. Strip expressed concern about the precedent this would set for other groups, but agreed that this
application could be revisited in the future if necessary.
Mr. Strip moved to accept the recommendation of $12,500 to the Dublin Women's Club.
Mr. Amorose seconded the motion.
Ms. Grigsby stated that during the budget process last fall, the guidelines for the Hotel/Motel Tax
applications were presented and adopted by Council. All applications submitted for the March 15
deadline will be reviewed under these guidelines. A checklist will be filled out and submitted to
Council members with each recommendation, assuring Council members that all criteria have been
met.
Mr. Kranstuber stated that since this event is now a two-day event, more hotel rooms would be used
by the group - a justification for an increase in the award. He suggested that the out-of-town artists
be given information about area hotels.
Mr. Strip responded that this event is a local cultural event and brings visitors to the city; however,
it does not generate a lot of overnight stays in hotels.
1Il"'-"--' -';~
Mr. Campbell noted that a package of materials is sent to the various groups sponsoring events by
the Chamber of Commerce and Convention Bureau.
Vote on the motion - Mr. Amorose, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mayor Rozanski,
yes; Mr. Strip, yes; Mr.Campbell, yes.
Mr. Strip commented that letters for most of the pending applications will be sent out tomorrow.
There are a few applications which will require additional information from the groups.
He suggested that the Finance Committee meet on Monday, March 8. The clerk will check the
schedules and confirm this meeting date tomorrow.
Mayor Rozanski, Goal Setting Committee Chairperson, thanked Council members and staff for their
attendance at the recent session.
Mr. Hansley commented that the preliminary report of the session was compiled by Marty Jenkins
and sent to Council. Staff will have these in resolution form for Council to adopt at the next
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meeting. This will provide the status of past goals as well as propose new ones for adoption. He
requested that Council members contact him or the clerk if they have corrections or changes for the
goals as stated in the report.
."..,.
Comments from Staff
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Mr. Hansley thanked the Mayor and Council for working with staff to establish ground rules for
tonight's hearing. He also acknowledged the assistance of the clerk in preparation for the meeting.
He also thanked Chief Ferrell and Lt. Geis for all of their assistance, including set-up of the
audiovisual equipment in the lobby to provide additional viewing of the proceedings. Alan Perkins,
Washington Township Fire Department, was instrumental in these plans, and he and Chief Bostic
did an excellent job in maintaining crowd control. Sandra Puskarcik did an excellent job in
coordinating media coverage of the hearing. Many other administrative staff members, including
Myra Caplinger, Linda Gilliam, and interns assisted with the arrangements.
He reported that the Chill ground breaking will take place within the next week to ten days, pending
completion of details regarding financing, leasing, etc. Tentative plans at this time call for a closing
on Thursday or Friday, and the ceremonial groundbreaking on Monday or Tuesday.
At this point, Me. Smith. Law Director. arrived at the meeting (10:30 p.m.).
He added that the closing is expected to take place at 2 p.m. on Friday.
Mr. Hansley added that there are some technicalities yet to be worked out which could delay the
closing. Council members and press will be notified by fax as soon as the plans are set. The
ceremonial part will take place at the soccer facility, and the actual groundbreaking will take place
on the site, weather permitting.
F'-" ~
Mr. Foegler distributed a memorandum to Council regarding the painting of the traffic signal poles
as discussed at the last Council meeting. The options are to apply the finish after the signals are
operational when the weather permits at a cost of $5,200. The second option would be to remove
the signal poles, take them to the factory and apply the finish in a three-step process. This would
result in a six-week down time and would cost $35,000. He offered samples to Council for their
approval. Staff is recommending Option 1 where the traffic signals would be installed and then
painted in the field. There is a one-year warranty with either of the options. The manufacturer
believes either of these applications will adhere equally well to the existing poles. There were no
objections from Council to proceeding with Option 1.
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Mr. Harding reported that over 100 applications have already been received for the police officer
positions advertised in Sunday's paper. These positions have been budgeted to be brought on in
early June.
Mr. Lenz reported that Ron Lane, member of the Building Construction Appeals Board, died on
Friday.
Chief Ferrell thanked Council and staff for their cooperation in implementing security procedures
for tonight's hearing.
Council Roundtable
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Mr. Strip thanked the Mayor and all concerned for their efforts with special arrangements for
tonight's meeting.
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Mr. Kranstuber asked for a review of the signage on the new Cellular One building, and asked
whether it complies with Code.
Ms. Clarke stated that it does not comply with Code, but was granted a variance by the Board of
Zoning Appeals.
Mrs. King thanked everyone involved in the preparations for tonight's successful meeting.
Mr. Camobell commented that the staff, the police and the Mayor did an excellent job in handling
this meeting on a sensitive topic. He also commended the public for their cooperation and
professional behavior. He added that he would appreciate being informed of the format for such
meetings ahead of time in the future, as it would help him in responding to calls from the public.
This is not intended as a criticism.
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Mr. Hansley responded that staff will provide these plans to Council prior to the next meeting. He
explained that the plans for tonight's meeting evolved up until the last minute. He also thanked the
school for providing the timer this evening for the hearing. He assured Mr. Campbell that the plans
for the next meeting will be communicated well ahead of the meeting date.
Me. Campbell also noted that he will be attending a National League of Cities meeting in
Washington, D. C. this week and will meet with Representative Deborah Pryce. If Council members
have suggestions, he will be happy to bring them to Rep. Pryce.
Mayor Rozanski thanked everyone for their efforts this evening.
He noted that the cobra lights on Bridge Street have been removed as previously requested.
Unfortunately, the intersection is rather dark as the new street lights end ahead of the intersection
itself.
Mr. Foegler responded that he believes the customized traffic signal poles to be installed will have
a dual function of also carrying street lights. He will confirm this for Council.
Mr. Smith thanked Me. Banchefsky for attending tonight's meeting in his place.
The meeting was adjourned at 11:00 p.m.
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