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HomeMy WebLinkAbout08/19/1991 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting DAYT N LE~AL BLANK CO. FORM NO. 10148 HeIn August 19, 1991 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Jan Rozanski at 7:35 P.M. on Monday, August 19, 1991. The Pledge of Allegiance was repeated by all. Mrs. King, Mr. Strip, Mr. Amorose, Mr. Campbell, and Mayor Rozanski were present. Ms. Maurer arrived 8:35 P.M. Mayor Rozanski: I'd entertain a motion to approve the July 1, 1991 Council Minutes. ib A. C. Strip: So moved. Mayor Rozanski: Any discussions or comments? Hearing none. Mayor Rozanski, yes Mr. Strip, yes Mr. Amorose, yes Mr. Campbell, yes Mrs. King, abstain -missed that meeting. Mayor Rozanski: Any correspondence? Myra: Yes, Mayor, I have correspondence from the Ohio Department of Liquor Control, asking for a D3A for Oscar's Emporium, Inc., dba Oscar's Deli. Mayor Rozanski: So it's just a matter of changing the name? Myra: To the best of my knowledge, yes. Comments from Visitors. Mayor Rozanski: Any comments? Next, we'll move on to Comments from Visitors on any item not on tonight's agenda. Catherin Headlee: The first, I think it's great that we've got that Little League and, I understand Saturday we had 72 soccer teams up there. It's funny how I find out all these things. People get lost in Dublin and usually end up in my driveway. I think it would be great, it's just a suggestion. Instead of, and I don't know who's running the concession stands, but Wyandotte Lake and Zoo isn't much of a direction when someone says it's in that-a-way. And I'd like to suggest that maybe there would be a map; I'm sure you have enough staff and copy machines that you could make a map of the general area, not of the cul-de-sacs and things like that, but like Glick, Brand, Coffman, and a shopping center, nearest movie theater, Wyandotte Lake, Zoo Park. Because these people were from Pickaway, Miami, and I had occasion from Ontario, Canada, that were lost. And if the concession stand would just have some type of general map, telling where the nearest convenience store is, or the nearest shopping center, the Zoo Park, and things like this with the main roads marked out, it would be very simple. And all they'd have to do is say, "Maybe this will help you", and hand it to them. Because there are a lot of people that cannot give directions and believe it, there are a lot of people in Dublin that live here that don't know how and where to give directions to the nearest place. So that's just a suggestion for you. Mayor Rozanski: It's a good suggestion and we will look into it and see what we can do about that. A. C. Strip: I think we should be sure to include directions to her driveway though, because-- 1 I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting N LE AL BLANK CO. FORM NO. 10148 ReIn August 19, 1991 19 Mayor Rozanski: Well, for the floral displays. ltW' Catherin Headlee: Really, Ace, I enjoy talking to the people and I try to make them feel welcome in Dublin and wherever they want to go; I have even gotten in my car and said "Follow me, I'll take you to ---". So I have no objections to that even; I really enjoy talking to the people and where they're from. My next thing, Joel is well aware of this. We had a mess on Brand Road and it ended up in my driveway. Joel's already seen it firsthand. As you know, you've done Brand Road and I was the happy person that had the oil and tar clear across my driveway. It's now in my house, it's on the side of my car, and it's in the garage. We find it hard to get across to even the mailbox. It certainly is, it's still sticky, it's still tracking, and the outside of my automobile looks like it. They don't even do a neat job. The kids can't even play in the driveway or anybody come to see me because it sticks on their feet and it comes in the house. As you can see, there's a construction sign that was put into my front yard. And they went around the construction sign. They didn't even make it neat. Now this means that we cannot mow our front yard, the maintenance men can't even mow it, because it's about this far, and on Avery Road last year, they did the same thing, and the last picture here shows you how Avery Road looks because nobody can mow it. And I know for sure that next spring when George comes to mow grass every four days, nobody in Dublin's going to be out there mowing my front road ditch. Now I don't like campaign signs in my front yard, but I'll even pay for one that says "This is your tax dollars at work" because I feel that this is taxpayer's mess. And tonight at 4:00, Paul told me Friday that it would be corrected Friday, Saturday it became a bigger mess; this afternoon at 4:00 I got a telephone call saying they were going to put sand on it. Now I don't want sand in my driveway, I don't want sand in my garage, and I don't want sand on my car. Now the funny part of it is, we want to Koroseal the driveway, and as you can see, if we Koroseal the driveway, we can't even get our car out. We usually come in through the yard and park it in the yard. We can't even do that. So folks, you've got one heck of a mess. And anytime that I was sitting up there for twelve years and I did it, I tell you what I did when a taxpayer came in with this kind of a mess, I held up contractor's money until they made it and made it right. And I expect you to do the same. ."'Ri> .... ,.., -. Mayor Rozanski: Can you shed some light on this Paul? Paul Willis: I learned of this particular problem late this afternoon. I believe the contractor will come out. Catherin Headlee: No, they called me back Friday morning and said that your message to me was that it would be taken care of, Saturday morning the mess was compounded, this morning they told me that you said it was taken care of and someone would come and see me, and I'm still waiting for someone to come and see me. Mayor Rozanski: Have you seen it, Paul? Paul Willis: I have not -- the problem that I knew of Friday was a different problem. I'll have to check and advise. Mayor Rozanski: I'd advise you to take a look at these pictures tonight, make yourselves a little more aware of it. Joel Campbell: I saw it Saturday morning and if I was Catherin, I'd be hot, too. Mayor Rozanski: Oh, I don't blame her. Joel Campbell: Somebody just sprayed right across, a 2 or 3-foot-wide band of tar right across her driveway, when they were spraying the stones on either side, they just kept right 2 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO FORM NO 10148 ReIn August 19, 1991 19 on gomg. p"','" David Amorose: It looked like they sprayed everyone's drive and at the intersection, the street intersections -- ..,. Joel Campbell: I don't know about everybody else's driveway but that stretch there, I think your drive is the only one in that particular stretch where they got sprayed, and I couldn't believe it. Catherin Headlee: No, they all got it. But I was the only house with a person home. Joel Campbell: That's right, the other person's on vacation yet. But it's incredible. How can somebody do that? All it's going to do is ruin her driveway, her house, her cars, and if I was in her shoes, I'd be hot, too. So I hope somebody gets out there and takes care of it. I don't know what the solution is, that's not my ----- Catherin Headlee: It's not sand on the sticky car. Mayor Rozanski: Paul, will you look into this and report back to Council? Catherin, we will do something, I'm not sure exactly what, but we will work to correct the situation for you. I feel you have a legitimate gripe. I think most of Council does after seeing the pictures. Catherin Headlee: So does a good attorney. Denise King: I hope you don't need good attorneys when you have good Council members. Catherin Headlee: I would hope so, too, but this remains to be seen. Mayor Rozanski: Catherin, give us a chance, please. Catherin Headlee: As you well know, we had a problem two years ago where there were 7 code violations, or 5 code violations, 7 ordinances broke, adjoining our property. We're still waiting to see anybody get that fixed and the staff all said that would be done, and Council all said it would be taken care of, and it's still, two years later, so you see I've lost my faith in a lot of things. Mayor Rozanski: Any other citizens who have any comments? My name is Wayne Malz and I just have a positive comment. Usually in these visitors comments, they seem to be a little bit, problems, chewing on people and whatever. But I just want to state a positive one, I am a candidate for City Council, my name again is Wayne Malz and I don't know if I know what I'm getting into or not. We'll try to make it positive, that's the only comment. Thank you. .. Mayor Rozanski: Anybody else have anything? I have a proclamation I'd like to read. (Amateur Baseball World Series Proclamation read. - Applause) You gentlemen put on one fine event. I know you gave a lot of your time and your efforts, and your families supported you on it; otherwise you would all have been booted out. And we do appreciate it; it was a great event. I know I had a wonderful time being there and watching the level of competition. And all those participants who were in it had nothing but praise to say for you people. They had a great time, it was a great event, and we really appreciate the work you put into it. You guys have anything you'd like to say? -,.~ Coaches thanked Parks and Recreation and several individuals for all of their help with 3 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting LANK co. FORM NO. 10148 ReIn August 19, 1991 19 making the tournament such a success. !lPf'""">' Mayor Rozanski: It was great to see, the organization and the City worked together on this, but I know the hours your staff put in, Janet, were numerous and long. They, as he said, from early morning until late at night. The fans really appreciated it; I heard many comments saying that in these World Series, they run across one nice diamond and so many so-so diamonds. But each and everyone of those were top class diamonds, and it was your people that put them together, kept them going. Thanks again, and we wish you the best of luck next year, guys. For everybody's knowledge, the 9-year-old Dublin team won the World Series out in Iowa over the same weekend, so we're very proud of them and hope to have them at our next Council meeting. And the Dublin team, the 14-year-olds did exceptionally well, won what, 5 games was it? Thanks a lot, guys, appreciate it. We'll move on to the third reading of Ordinance No. 45-91 by title only, please. .,;.....,~ Myra: Ordinance No. 45-91- Ordinance for a Change of Zoning on a 24.8 Acre Tract Located on the West Side of Hirth Road Approximately 1,700 Feet South of Tuttle Road, Dublin Woods Subdivision). Mayor Rozanski: Terry, is there anything new to add to this? Terry Foegler: I believe staff is available to answer any questions Council may have regarding this proposed rezoning. Mayor Rozanski: Does Council have any questions of staff on this one? Hearing none. 1f:' Mr. Amorose: yes Mr. Campbell: yes Mrs. King: yes Mayor Rozanski: yes Mr. Strip: yes .. Mayor Rozanski: Next, we have Ordinance No. 46-91 by title only. Myra: Ordinance No. 46-91 - Ordinance For a Change of Zoning on a 14.3 Acre Tract Located on the West Side of A very Road and Both Sides of Dan-Sherri A venue approximately 1,100 Feet North of Woerner-Temple Road (Dan-Sherri etal). Mayor Rozanski: Any discussion or comments on this ordinance? Any questions of staff? The last time this was before us, there was considerable amount of discussion about this piece of property because this has the frontage on Avery Road and the house is on Dan- Sherri, and there was discussion about possibly splitting it or looking for a different zoning on it. A. C. Strip: Did we get any feedback from the residents on it? Terry Foegler: I don't believe there are any more comments from residents. Pat Bowman: I can just explain what happened at Planning Commission. When we first took it to the Planning Commission, we excluded these lots. We heard both pro and con from the residents. The resident that, the gentlemen that came and spoke at Council meeting was there as was a neighbor in similar circumstances, who spoke against it. The Planning Commission said that essentially they're all single family uses. This is merely an establishment of a comparable zoning district in Dublin. "Let's zone it to the comparable district and then let the planning process take care of itself." That was the recommendation from the Planning Commission. Just do the comparable zoning and then let the planning 4 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON I FGAL BLANK CO. FORM NO. 10148 ReIn August 19, 1991 19 process sort out what the different future land uses may be in the area. ...".... Joel Campbell: I think that's exactly right. When we were at the Planning Commission on this, the general feeling was that all we were trying to do was to create the correct zoning for the present usage for the properties involved, not only in this particular ordinance, but the other ones that are presently under consideration tonight, and there'll be a bunch more because these areas are in the township, and all we're trying to do is get the properties into a Dublin zoning that is comparable to what they are now. If we start trying to zone only based upon what might happen down the pike, and in some cases that could be anything from a year or so to five or ten years, we're going to be like dogs chasing our tails, I think, if we start trying to zone things based upon what might happen down the road. So the way we felt was that we need to zone it based upon what it is now; that does not preclude, I think we have to emphasize that, it does not preclude any particular property owner, if they feel justified that their property would be appropriate for a change, they can come in and make the application. Nothing prevents them from doing that, all this is, all we're doing here is trying to get the properties into the correct zoning under the City of Dublin. And once that happens, if a particular owner wants to change it later based upon whatever the appropriate use might be in the future, then they're welcome to do that. ~"-~ "",. A. C. Strip: Which leads me to a question. I wonder if this didn't create a little confusion in the minds of the folks who live there. Why are we calling this a change of zoning when it's really an initial zoning, isn't it, by Dublin? And I think if we did two things: one, called it an ordinance to establish zoning, which is really what we're doing, we're not changing zoning, we're establishing zoning. And secondly, if we maybe communicated what we're doing to the residents, basically "Welcome to Dublin, we're establishing zoning for you for the first time". iJik Joel Campbell: I think they knew that, Ace, I think that the, if I can understand correctly from what the people said when they were there, they knew that we were, the rezoning is really probably a misnomer, we're taking it from the zoning in the township description into the City. So if you want to call that a rezoning, I suppose that's correct. But you're right, it's really initial, it's the establishment of a zoning in the Dublin code. But I think they knew that, I think the thing that they were thinking was that they could maybe go right from the township residential zoning to what they perceived to be an appropriate future zoning of commercial, without actually having to go through the zoning process. And although that may make sense in some cases from a, if you're trying to shortcut things from their perspective, from the City's perspective I really don't think that's the right thing to do. I think we're better off establishing the zoning as it is now and, as Pat said, let the zoning process take it's place, if someone wants to come in and apply. Of course, not everybody, as you all know, not everyone agrees on any given case, whether zoning should change or not and that's why the need is there for these particular properties to have the opportunity and the obligation to go through the zoning process, if they want to make a change. But some of the people in the same subdivision may not want to be backed up to a commercial site. That's something that you need a full hearing on, that application in the future whenever that seems appropriate for potential use. A. C. Strip: I just think communication is the most important part of the deal. If it can be communicated simply as Joel's indicated, then I think we'll solve a lot of problems and eliminate the need for people to come here for clarification. Pat Bowman: Another way we'll propose taking care of it, many cities have just blanket ordinances, "You are zoned such-and-such upon annexation to the city. You have 6 months, a year free to come in and request something other than what this ordinance gives you." But that makes it a little bit easier, then you don't get into the whole notion of changing land uses and being something different than it really was. 5 Minutes of RECORD OF PROCEEDINGS DublinuCity . Council Meeting Meeting II nAYTON I FGAL BLANK CO. FORM NO. 1G148 ReIn August 19, 1991 19 "" .."", Denise King: Can you establish the processes necessary for us to be able to do that with all future annexations then so we don't have these kinds of questions as to what the intent is and what the best rezoning category is for a piece of land, particularly since generally when properties are brought into the City of Dublin, it's because someone wants change in the way that property is being used. I'd like to request that you bring us an ordinance then too, so that we can more fully consider that suggestion. Pat Bowman: Absolutely, we will do that. Denise King: And I also think we might want to talk at our next Goal Setting session about what, if anything, we can do to streamline the rezoning process in areas where that might make sense. I'd like to talk with those of you who have spent a lot more time on Planning and Zoning than I have about what your recommendations might be. Mayor Rozanski: Any other comments? Hearing none. Mr. Amorose: yes Mr. Campbell: yes Mrs. King: yes Mayor Rozanski: yes Mr. Strip: yes Mayor Rozanski: Next, we have Ordinance No. 47-91 by title only please. ......... Myra: Ordinance No. 47-91 - An Ordinance Providing for a Change of Zoning of a 33.2 Acre Tract Located on The East and West Sides of Avery Road Between the Eastern and Western Extensions of Rings Road. To be Rezoned From: R-IB, Restricted Suburban Residential District (current Washington Township zoning) To: R-2, Limited Suburban Residential District. Mayor Rozanski: Any further discussions or comments on this parcel? Hearing none. Mayor Rozanski: yes Mr. Strip: yes Mr. Amorose: yes Mr. Campbell: yes Mrs. King: yes Mayor Rozanski: Next, we have Ordinance No. 51-91 by title only. Myra: Ordinance No. 51-91 - Ordinance Authorizing the City Manager to Enter into a Contract for Cable TV Franchise Consulting Services. Mayor Rozanski: Anything further to add to this, Terry? Terry Foegler: I think Dana's available to answer any questions Council may have. ..",. .. Mayor Rozanski: Does Council have any questions? You all got the letter from Warner? Hearing no questions. Mr. Strip: yes Mayor Rozanski: yes Mr. Campbell: yes Mr. Amorose: yes Mrs. King: yes 6 RECORD OF PROCEEDINGS Minutes of Dublin. City. COllncil Meeting Meeting NK co. FORM NO. 1G148 ReIn August 19, 1991 19 Mayor Rozanski: Next on the agenda is the first reading of Ordinance No. 53-91. At this time, I'll request that we don't introduce this. The bids are too high and it will have to go out for rebidding. Am I correct, Terry? flt...> Terry Foegler: That is correct. It was originally on as an emergency. And looking at the time frame for when this ordinance would likely be acted upon, if it is readvertised it will go in the paper next Monday, this same ordinance will be before Council again at their next meeting, there's probably nothing wrong with making this a first reading in that event. Either way, that way when you do adopt it by emergency, it will at least be a second reading. Discussion. Mayor Rozanski: I would recommend we not introduce this since it's going to have to be rebid. It will be a different ordinance. Terry Foegler: It doesn't make reference to given bids, it's a different ordinance, that's fine. We have no problem with that. David Amorose: Terry, could we see a site plan with our next packet, the location of the street lights? Terry Foegler: Yes, I don't think that would be a problem. ~ Mayor Rozanski: Also, as long as it's just up for discussion is the time period on installation. It seems like our street light projects just drag and drag and drag, getting them installed. Blazer Parkway is an example, Dublin Village Center is an example. Is there anything we can do to set some limits. If this was private industry putting this in, the crew would be in there, they would work continuous day in and day out, everyday until they got the project done. Seems because it's the City, they work a day or two and they take off for three or four. And these projects which should be a three-week or four-week project, are running into three and four months. Terry Foegler: I don't think that it's a construction period, construction habits on this project, I think it's more of the things that we are confronted with in terms of bidding and those kind of concerns. In terms of street lights, yes, the City is rather new at that, and there are things that are being learned as each street lighting project is done. With the Dublin Village Center project, ended up with a pre-construction conference that it was realized that some needed transformers that the electric company had to provide, had quite a long lead time to them. So as we do each successive street lighting project, hopefully we will get better at them. But, realize the major street lighting projects, your first two you have just done. And like you, we are just getting familiar with the issues involved with those and hopefully we'll be able to streamline that with future projects. Mayor Rozanski: Terry, I understand the problem was like Dublin Village Center, they start construction, and because there's a lead time on the transformer, there's no rush to get the job done, so you have these open ditches and there's dirt piled and it's an unsightly mess for months on end. Blazer Parkway's been that way for about 4 or 5 months now on the street lighting. And I can understand the delays for equipment and materials, but the construction period. I'd hate to see downtown tore up for six months over this lighting. I think we need to address that with the contractors, make sure that they do it in a reasonable period of time. Terry Foegler: I think the issue, as was reported in your last packet, on the Blazer Street lighting dealt with a dispute over who would relocate the phone line that was located in that 7 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO.. FORM NO 10148 Heln August 19, 1991 19 area. And that is basically what kept that open trench condition there for a couple weeks. But we will certainly try to minimize those construction times on those types of projects. e ilIiioi__.... A. C. Strip: Maybe it's time to start spec-ing that as an item and putting that in your request for bids and proposals. Mayor Rozanski: Because I don't think it would be fair to the merchants down there to have it tied up in front of their shops for months on end like the other projects are going. Terry Foegler: That's a major concern here. Mayor Rozanski: We have Ordinance No. 54-91 by title only, please. Myra: Ordinance No. 54-91 - An Ordinance Authorizing the City Manager to Enter Into a Sewer Line Extension Agreement With Davidson, Phillips, Inc. Ordinance was introduced. Mayor Rozanski: Steve, do you want to talk on this? .. Steve Smith: This was originally to be the payback agreement, the contribution agreement to extend the sewer line to some City funds and some private funds. We'd like it just introduced and set for a second reading. We are still, Terry and I, and Mitch are still negotiating with the landowners in that area to put together a payback agreement and contribution agreement that would be acceptable to the City. We would like to get it introduced, not treat it as an emergency, and hopefully before our next meeting, we'll have an agreement in your hands to review. Thank you. *" Terry Foegler: If Council has any questions in this regard, we'll be happy to answer them. Mayor Rozanski: Council have any questions? If not, we'll just hold it over for a second reading at our next regularly scheduled Council meeting. Next, we have Ordinance No. 55-91 by title only, please. Myra: Ordinance No. 55-91- Ordinance to Accept the Lowest/Best Bid for the Bridge Street Boardwalk Project, and declare it an emergency. Mayor Rozanski: Could I have an introduction? Mrs. King: I'll introduce it. Mayor Rozanski: Who's addressing this tonight? Pat Bowman: Mayor Rozanski, members of Council, we had four bids that were received for the project. It's the boardwalk project, Mary Newcomb was here a meeting or two ago to tell you a little bit about that. It's a nine-foot wide boardwalk, in this case stretching almost from Shawan Falls Drive through the open ditch portion along the north side of Bridge Street for some distance. The successful bidder was Scherl-Wilson Company, they're currently working in Dublin on the Riverfront Kiwanis project on the east side of the Scioto River. The bid was $57,734.69. We recommend that Council accept this bid and if you would, we respectfully ask that it be passed as an emergency so that we can get the project going. Mayor Rozanski: Any comments or discussions? 8 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting A N LE AL BLANK CO. FORM NO. 10148 ReIn August 19, 1991 19 _\--""~ Denise King: I just was going to point out for the audience, since you may not be familiar, this implements one of Council's goals, which is to make Dublin a pedestrian-friendly city so that you can get safely from places like the high school to your job if you're 15 or 17, and you're working at Kroger, or so that you can get to the library, and so that folks like me that drive a car with 85,000 miles on it, can get to the ProCare as often as we need to. But I'm glad to see this finally come in. .,..,,.ti' Mayor Rozanski: The last time it was before us, we talked, or at least I talked about possibly using the abandoned section of Post Road as part of this walkway. Was that looked into? Pat Bowman: We very early on, looked at that and we considered that since there would have to be some kind of bridging or boardwalk necessary to get over the stream in that section, we still had floodway problems, we felt that we didn't, although I don't have cost figures, we felt that cost anyway, that it would be preferable to get it into a very visible location and it would actually be an attractive amenity and then enhance usage. So we specifically left it along the frontage of 161, hoping that it would be used more and be more Mayor Rozanski: There would be no bridge, the board way ends just a few from the pavement over there, and with no stream to cross. "" Pat Bowman: Well, it's actually a large swale, if I might point out the reason for the boardwalk anyway, it's a combination of two things: one, there is a small portion of floodway that we're dealing with in front of the 250 West Bridge building. But then there's a large swale that, I think, empties part of the interchange into the stream at that location. And that's the thing that we're really bridging. So yes, even across that, there would be some kind of swale, some kind of bridging necessary, to get across. ko- ,,; Mayor Rozanski: We're 40' from pavement, and we have to run 700' of sidewalk, when you're 40' from an existing pavement, and you could use that since there's no traffic on that sidewalk. It seems to be a waste of area. Denise King: I did have occasion to, need to take that route not too long ago with this issue in mind, and Jan, I don't think people are going to find it, they're not going to know it's there, they're going to continue to walk along the road, and it's not a safe condition. Mayor Rozanski: I'll argue about the safety of it, but ---. Any other comments or discussions? Okay, I'd entertain a motion to treat this as an emergency and waive the three time reading rule. David Amorose: So moved. A. C. Strip: Second. Mayor Rozanski: Any discussion on the emergency nature? Hearing none. Mrs. King: yes Mr. Strip: yes Mr. Campbell: yes Mayor Rozanski: yes Mr. Amorose: yes Mayor Rozanski: And on the ordinance, any further discussion or comments? Hearing none. 9 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting A NEAL BLAf'lK CO. FORM NO. 10148 ReIn August 19, 1991 19 JfIM ''ll Mr. Amorose: yes Mayor Rozanski: yes Mr. Campbell: yes Mr. Strip: yes Mrs. King: yes \i;ii." ,~ Mayor Rozanski: Next, we have Ordinance No. 56-91 by title only, please. Myra: Ordinance No. 56-91 - Ordinance Providing for the Issuance and Sale of $2,120,000 Notes, for the Purpose of Paying Property Owner's Portion of the Costs of Improving Muirfield Drive, and declaring it an emergency. Mayor Rozanski: Could I have an introduction? A. C. Strip: I'll introduce that. Marsha Grigsby: At the last Council meeting we had mentioned that we will be bringing ordinances to Council concerning the issuance of debt, and this is the first one of four; and this has to do with the Muirfield Drive project. And this is to pay back the money that the General Fund has already advanced to do the construction work, and also to pay for the designing costs that we've already incurred. If there are any additional questions, Bond Council is here tonight to answer any of those that you might have. Mayor Rozanski: Anybody have any questions for either Marsha or Bond Council? Entertain a motion to treat this as an emergency and waive the three time reading rule. fI:t!!' Denise King: So moved. tik, w David Amorose: Second. Mayor Rozanski: Any discussion or comments on the emergency nature? Hearing none. Mr. Strip: yes Mayor Rozanski: yes Mrs. King: yes Mr. Amorose: yes Mr. Campbell: yes Mayor Rozanski: And on the ordinance, any further discussion or comments? Hearing none. Mrs. King: yes Mayor Rozanski: yes Mr. Strip: yes Mr. Amorose: yes Mr. Campbell: yes Mayor Rozanski: Next we have Ordinance No. 57-91 by title only, please. Myra: Ordinance No. 57-91 - Ordinance Providing for the Issuance and Sale of $325,000 Notes to Improve Dublin Village Center, and declaring an emergency. Mayor Rozanski: Could I have an introduction? David Amorose: I'll introduce it. 10 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting A N LEGAL BLANK CO. FORM NO. 10148 Heln August 19, 1991 19 Marsha Grigsby: Again, this is a second ordinance concerning the issuance of notes; and this one has to do with the lighting of Dublin Village Center and this project is currently in progress, and this is just to reimburse payments that have already been made. Mayor Rozanski: Any comments or discussions? Entertain a motion to treat this as an emergency and waive the three time reading rule. David Amorose: So moved. Denise King: Second. Mayor Rozanski: And on the emergency nature. Mr. Amorose: yes Mrs. King: yes Mayor Rozanski: yes Mr. Campbell: yes Mr. Strip: yes Mayor Rozanski: And on the ordinance, any further discussion or comments? Mr. Amorose: yes Mrs. King: yes Mayor Rozanski: yes Mr. Campbell: yes Mr. Strip: yes Mayor Rozanski: Next, we have Ordinance No. 58-91 by title only. Myra: Ordinance No. 58-91 - Ordinance Providing for the Issuance and Sale of $300,000 Notes to Provide Additional Facilities at the Coffman Park Municipal Complex, and declaring it an emergency. Mayor Rozanski: Could I have an introduction? A. C. Strip: I'll introduce it. Marsha Grigsby: This ordinance, again, is to pay back funds that the General Fund advanced to what we set up as the police facility fund and this was for design and soil testing and some other surveys and reviews that needed to be done as far as construction of the possible police facility. Mayor Rozanski: I guess I was somewhat confused because it says "the Coffman Park Municipal Complex". And this is not in Coffman Park though? fl" Marsha Grigsby: No, the original ordinance that was written whenever we issued the voted debt, was written in this manner and it provides a broad scope for the debt. And so this is in line with that ordinance. A. C. Strip: Is there any land acquisition involved in this particular -- Marsha Grigsby: Not in this dollar amount, no. Mayor Rozanski: Bought the land separately -- 11 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON t EGAL BLANK CO FORM NO 10148 Reln August 19, 1991 19 Marsha Grigsby: The land was included in the bonds that were issued last December. A. C. Strip: Did we reimburse the General Fund for that? Marsha Grigsby: Yes. h .. Mayor Rozanski: This is basic design engineering and site soil testing, what-have-you. Marsha Grigsby: Right. Denise King: I realize this work has already been done and some preparation has been underway for some time for the Justice Center, or the new Police Department Building, whatever you want to call it. But this ordinance would not in any way obligate us or predispose our decision on the Capital Improvements Program. Correct? Marsha Grigsby: No. This is mainly done because of the federal regulations that we mentioned last time that will be changing September 7, as far as reimbursing funds. We had already advanced money from the General Fund to this fund in order to be within that deadline, we need to get the money back to reimburse the General Fund. A. C. Strip: Is this the Arbitrage legislation? Marsha Grigsby: It has to do with the federal guidelines on issuing debt. A. C. Strip: That's a trap for the unwary Council. P"'l *"", Mayor Rozanski: Entertain a motion to treat this as an emergency and waive the three time reading rule. David Amorose: So moved. A. C. Strip: Second. Mayor Rozanski: Any comments on the emergency nature? Hearing none. Mr. Campbell: yes Mrs. King: yes Mayor Rozanski: yes Mr. Amorose: yes Mr. Strip: yes Mayor Rozanski: And on the ordinance, any further comments or discussions? Hearing none. Mr. Amorose: yes Mayor Rozanski: yes Mrs. King: yes Mr. Campbell: yes Mr. Strip: yes Mayor Rozanski: Next, we have Ordinance No. 59-91 by title only. Myra: Ordinance No. 59-91 - Ordinance Providing for the Issuance and Sale of $150,000 Notes to Provide Lighting Systems for the Improvement of the Vehicular Transportation System, and declaring an emergency. 12 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting AL BLANK CO. FORM NO. 10148 Heln August 19, 1991 19 Mayor Rozanski: Could I have an introduction? A. C. Strip: I'll introduce it. -~~""" b",,;ii Marsha Grigsby: This is for the State Route 161 widening, this is the design cost and preliminary work to be done for this project. And again, the wording is based upon the voted issue last May. This is how the ordinance was written in and this falls in line with that ordinance. Mayor Rozanski: Entertain a motion to treat this as an emergency and waive the three time reading rule. Denise King: So moved. Mayor Rozanski: Any discussion on the emergency nature? Hearing none. Mrs. King: yes Mr. Campbell: yes Mr. Strip: yes Mayor Rozanski: yes Mr. Amorose: yes Mayor Rozanski: And on the ordinance, any further discussions or comments? Hearing none. ... Mr. Campbell: yes Mr. Strip: yes Mayor Rozanski: yes Mr. Amorose: yes Mrs. King: yes \lJ;.......,'iiI Mayor Rozanski: Next, we have Ordinance No. 60-91 by title only, please. Myra: Ordinance No. 60-91 - Ordinance Authorizing Declarations of Official Intent with Respect to Reimbursements from Note and Bond Proceeds of Temporary Advances Made for Capital Expenditures, and Related Matters, and declaring an emergency. Mayor Rozanski: Could I have an introduction? David Amorose: I'll introduce the ordinance. Marsha Grigsby: Greg Stype from Squire, Sanders & Dempsey is here and I'll let him handle this one. ,.. , Greg Stype: Thank you. Mayor, Members of Council, as evidenced by the prior 4 ordinances that you passed this evening, Dublin has had a sensible policy of advancing General Funds temporarily to advance funds, some of it's capital projects, and then consolidating into a coordinated bond or note issuance once the reimbursement financing so you can pay back your General Fund for some of those costs that have been identified in the Capital Plan. The federal government, in its wisdom, has again proposed regulations to take effect on September 7, which because of, so far as we can tell, one abuse that was proposed and got a lot of publicity in the State of Michigan, imposes 23 pages of requirements on how you go about reimbursing your General Fund for these temporary advances from bond and note proceeds. The essence of those requirements is that there ~,-.. 13 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DA N LE AL BLANK CO. FORM NO. 10\48 ReIn August 19, 1991 19 -.,. ..;> should be an official designation prior to making an advance from the General Fund, that yes, this is a capital project that the City will someday issue bonds or notes to reimburse itself for that advance. And this ordinance that's in front of you presently sets up a framework for accomplishing those official designations for this purpose. I also brought with me a little bedtime reading to the extent any of you are of a mind, and I'll just leave it here. This is a copy of the memorandum we prepared and shared with your staff when these regulations came out on the subject of what these regulations cover. We do understand that the regulations, despite protestations to the contrary will take effect on September 7; there has been a lot of protest, there is some hope that they will be modified, but it took the federal government better than two years to write these regulations despite a charge from Congress to get on the stick, and so we can't begin to guess when the modifications might be proposed as well. The essence of this ordinance is to give your Director of Finance or whoever the Acting Director of Finance is, the authority to designate these projects, so you can continue to proceed as you have smoothly with advances from the General Fund and subsequent reimbursements. Be happy to answer any questions. Mayor Rozanski: Any questions or comments from Council? Entertain a motion to treat this as an emergency and waive the three time reading rule. David Amorose: So moved. A. C. Strip: Second. Mayor Rozanski: Any discussion on the emergency nature? 1il>. .j Mr. Amorose: yes Mayor Rozanski: yes Mr. Strip: yes Mrs. King: yes Mr. Campbell: yes Mayor Rozanski: And on the ordinance, any further discussion or comments? Mayor Rozanski: yes Mr. Strip: yes Mrs. King: yes Mr. Campbell: yes Mr. Amorose: yes Mayor Rozanski: Next we have Resolution No. 13-91 by title only, please. Myra: Resolution No. 13-91 - Resolution Ratifying the City Manager's Release of Certain Territory to Delaware County for the Purpose of Providing Sanitary Sewer Service. Mayor Rozanski: Could I have an introduction? Denise King: I'll introduce it. .;''-'''''' ,;; Terry Foegler: This is something Tim put together last week. There has been a series of discussions with several property owners who own land north of Summit View. That property is capable to be provided with sanitary sewer service by Delaware County. In fact, we see some advantages to that from our perspective since some portion of that property to the north would likely require pumping, and we would certainly like to minimize that for that sector. In the conversations that have taken place, it was determined under our existing 14 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting A NEAL BLANK CO. FORM NO. 10148 Relci August 19, 1991 19 ik agreement with Columbus, that we could probably do that now; but for the sake of cooperation between entities, that our position was that we would want all the entities to agree that the release of that area for sewer service only to Delaware County was acceptable. Several property owners have approached us on that. City of Columbus has no problem with that. Initial word that we received was that Delaware County had no concern with that, and basically all the entities and the staffs associated therewith were in agreement. One wrinkle did come up in a discussion with the Sanitary Engineer about two weeks ago from Delaware County when he indicated that, based on their planning for that area, they would like this to be a temporary measure, where at some point in the future, that sewage would need to be diverted to Dublin. I think some discussions have taken place with the folks from Delaware County and that now has been overcome. In fact, I think Howard Adams has had some of those discussions. At this point, it's basically, as I understand it, just obtaining authorization from the legislative body that they have no concern with that, subject to all the details in terms of whatever kind of contracts or agreements that would have to be worked out, being negotiated with staff. That's my basic understanding of this agreement as it stands. I think Howard Adams might be able to give you some more insight as to some of the background on this. ." Howard Adams: Terry stated it exactly right. All we're really asking tonight is if you will pass this resolution. It merely states that Delaware County, it goes further than the letter that Terry issued some time ago and says that Council will release this land to be served by them. It is an opportunity, this is a unique piece of property because it's 76 acres in Delaware County, 66 within the City of Dublin. And we're developing a large lot subdivision around a 25 acre, plus or minus, lake. Can't obviously build half a lake, it's in two jurisdictions. So fortunately, we were able to work it out, we've been working on this for over two years, and we've been able to work it out to where it will be a gravity sewer system, which is what we would want in the first place. It will flow into those sewers, were built to develop Wedgewood, down the hill, then they have one central pumping station, we'll have nothing to do with, and we'll go back over to the Olentangy River sewer system. But we will be using Dublin water on the Dublin portion of it; we will be using Deleo water on the Delaware County portion of it, and their one sewer system. But it enabled us to do, Jim Bassett who's the guy that designed Muirfield development, very first class kind of thing. But we need this to go back to Delaware County Commissioners and say "Now, gentlemen, give us sign-off so we can go ahead and draw plans, come back to you, rezone the property", which we have to do; it's just zoned agricultural right now, although we will be doing only one lot to the acre, still a portion of that lot will be in the lake so it would necessitate, Pat and I have talked about this many times, it necessitates a rezoning. We'll be doing that, we've met with the Parks Department, we've laid out the park, it's quite a handsome layout. But I need your resolution releasing this to them. And I, in my book, this will save Dublin, solves a problem. There's a little pocket of land there with no sewer system proposed, it'll save us a lot of money, in having to get one there. Appreciate your help. David Amorose: I have a question. My main concern is the capacity in the lift station that was designed and constructed to service Wedgewood. Is there available --- Howard Adams: I've been assured, David, I'm not, I know nothing about lift stations, that's not true, I know a little about lift stations, but I've been assured by Delaware County Sanitary Engineer and by Evans Mechwart who designed that there is plenty of capacity. We're only adding 66 lots, it's not some huge number. David Amorose: Well, we don't know how that lift station was designed. Howard Adams: I understand, but again, this has been past the Delaware County Engineer and past Evans Mechwart, they have approved it; because we had our engineers go to them 15 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting AL BLANK CO. FORM NO. 10148 ReIn August 19, 1991 19 and say, "This is what we'd like to do", this was a year or so ago. They have changed the elevation of one manhole so we could do it all by gravity, and they said there was adequate capacity in the lift station. Mayor Rozanski: Anybody else have any questions? Denise King: Just wondered, Terry do you concur that their capacity, has your staff looked at it? Terry Foegler: Yes, our assurances to date so far have been that there is abundant capacity there. Those are the kind of things, as a result of the final agreements, we'd want certification of, because we don't want there to be a question in the future that we may have to then redesign our system and handle this development. They certainly don't want that either, so all parties will need firm certainties and certification that that capacity exists. A. C. Strip: I understand this is merely a resolution saying we will sign off in the future if everything falls in place, and it doesn't bind us to anything. Howard Adams: That's exactly right. Absolutely. You still have the formal agreement that Terry alluded to, to go through. And this is merely, it's merely saying to them "Yes, now let's proceed to an agreement. Discussion. '" ~ Mayor Rozanski: Do you need this passed as an emergency? 'lW ,,} Howard Adams: I really do, because we have a meeting scheduled with them next week. And since it is such a minor type thing -- Mayor Rozanski: It's not a binding resolution. David Amorose: I move to do away with the three time reading rule and pass this as an emergency. A. C. Strip: Second. Mayor Rozanski: Any discussion on the emergency nature? Hearing none. Mrs. King: yes Mr. Campbell: yes Mr. Strip: yes Mr. Amorose: yes Mayor Rozanski: yes Mayor Rozanski: And on the resolution, any further discussion or comments? Hearing none. ,.. Mayor Rozanski: yes Mrs. King: yes Mr. Campbell: yes Mr. Strip: yes Mr. Amorose: yes Mayor Rozanski: Next we have a Presentation of Riverfront Alignment Study of the Dublin West Branch Interceptor Sewer by MS Consultants, Inc. 16 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 Reln August 19, 1991 19 Terry Foegler: Our consultants have made themselves available this evening to give a presentation on that. I believe all the Council members did receive copies of that report. Second or third page of that report, just for clarification, under "Scope", does indicate to you what the scope of services was that the consultant was asked to investigate. And they're here this evening to report on the results of that investigation. Mayor Rozanski: Denise, I'll open it up to you since you were the one who proposed this study in the first place. ..' Denise King: Just to review and I think we might like to hear what the consultants have to say, those of us on Council have had this material for a while, we've had the opportunity to read the report and to ask questions, but not everyone here tonight has either seen the report or had the same access to the staff. We started talking about this option because there was a desire to provide dependable sewage services, dependable West Branch option from the Karrer Place lift station south to the northern terminus of the Columbus deep tunnel, which is slightly south of Tuttle Road, just a short distance south of Tuttle Road. There was a lot of opposition from the residents along Karrer Place and in that area, to keeping the lift station, they've always been promised that the lift station would be taken out at the time that the West Branch Sewer was completed, and one of the options that we've looked at would retain that lift station with all of the public improvements that have gone in there recently. So we were confronted with opposition to the proposed force main from some of the residents on that basis, on the basis of odor, on the basis that it would tear up the antique stone walls along Dublin Road, that it would tear out significant vegetation along Old Dublin Road and there are a good, healthy line of mature trees directly behind those stone walls. And there was also a lot of opposition to the very expensive deep tunnel option. While it appeared to be very dependable, which all of us are looking for in our sewer services, it was very, very expensive. Let me add that there was another variable in addition to protecting the environment and not try to do too much damage to trees or walls, and trying to provide a dependable sewer service, and in addition to cost, and that was the legal feasibility of the two options we were looking at. It appeared that a number of residents, both of Dublin and Washington Township, would thwart our efforts to locate the force main option along the road by delaying the availability of the right-of-way and contesting the availability of the right-of-way could delay the project for a very long time. So we're dealing with all these options that nobody seemed to really like that were very expensive or very much opposed, and also the reality that the very expensive option would cause us to have to delay a number of other capital improvements that all of us would like to fund. And it is one of those frustrating things when you live in Dublin, you can't put draperies up at every window in our brand new house in the first year that you live here, and living in Dublin is kind of like living here while you're building your house. But anyway, that whole, all those variables were what caused me to say, "Is there another option that is both cost-effective, has the dependability of gravity, will protect the river from overflows, potential overflows from pump stations, and could be done by working with just one land owner, the thought being the City of Columbus. And we asked the staff why they had never presented information to us on the riverbank option that we were aware that Columbus had considered some long time ago. And so they have asked MS to present a report to us this evening; in the meantime a lot of folks have come out and talked to me, I presume other members of Council as well, and courtesy of Mr. Hayden and Barbara Webb, we were able to tour the river along the alignment shown on the map here, which would have a, the alignment indicates a deep tunnel all the way up to the Cramer Ditch Lift Station, and then a gravity pipe somewhat below the surface the rest of the way up to the Karrer Place Lift Station. We were able to tour that area on Saturday. I think you've got a wonderful, well-kept secret. I've lived in the Columbus area since April, 1975, I had never had the option to see that portion of the river. And any of you all who haven't been boaters, should take it up because there's a real gem there. My view of the river was partially, well primarily, created by crossing Hayden Run Bridge, and I thought that's what ."'ill!: 'ti, ..)# 17 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting A ON LEGAL BLANK CO. FORM NO. 10148 Heln August 19, 1991 19 it looked like pretty much all the way up. Well, it doesn't, it's pristine, it looks like a natural area; it doesn't look like an area where we need to put a line. So not to take too much of your thunder away but why don't you tell us about this option briefly. A. C. Strip: Can I raise a point here, and MS does a wonderful presentation, so I'm not, I always enjoy your presentation, but Denise, I wonder, having read this and hearing your own comments, being a proponent initially of at least inquiring into it, and these folks, a lot of them being here to see where we come out on this, I don't sense that it can probably even garner the support of one member of Council, if I'm correct, and there isn't a single one of us up here that would support the proposal, including you Denise, who came up with the idea, which was a good one at the time. Why not just say so, save MS the need for making the report, and relieve all the anxiety in the audience and spare ourself a talk by Walter Reckless. I say that in good nature, Walter. But if nobody's for it, why go through the, why don't we just drop it and say "It was a great idea", and Denise deserves credit for at least looking into it, that she's not the enemy for looking into it, and she's the first person to say "Hey, I thought of it and it won't work". Denise King: It didn't meet the criteria for having no legal problems, it clearly did not meet that criteria. It did not meet the criteria for preserving the environment, it didn't meet the criteria for being cost-effective. I agree with Ace. I see somebody out there, and I think there's at least one who would like to hear --- A. C. Strip: Unless you want to hear the report. Mayor Rozanski: Is there anybody who would like to comment on it? p. i$i.? ,"" A. C. Strip: Or we can make this available for somebody who's really curious. It's really well done, and I don't mean to cut you short, but you've earned your keep. If there isn't a soul in the room for it, why go through the agony? Mayor Rozanski: Myra, make note that Barbara's here at the meeting now. Myra: I will do so. Joel Campbell: Just so we can bring closure to the issue, can we maybe have a motion to eliminate this alternative from further consideration so that we don't, I agree with Ace, I think it was a good idea, I mentioned this to Denise the other day when we took the boat tour, that it was certainly at least worth doing it so we didn't give anybody the impression we left a stone unturned, but I think now that we've overturned the stone, we see what's there, I don't think we want to further pursue this option. A. C. Strip: I would yield the motion to Denise, who I think --- .,... '.~ Joel Campbell: Yes, that is a way to resolve it, then we can at least put this issue behind us; then we're back down to the other two alternatives, which obviously somebody's going to be unhappy with our vote on that, one way or the other, but we'll deal with that when the time comes, which I think, by the way, we're getting close to doing. I think we can start bringing this to a head and get it over with. Denise King: I move that we eliminate the riverbank option from among those under consideration by Dublin City Council. A. C. Strip: I would second the motion. Mayor Rozanski: Any discussion or comments? 18 I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO FORM NO 10148 Heln August 19, 1991 19 f!!I!!""""'! Mr. Strip: yes Mr. Campbell: yes Mrs. King: yes Mr. Amorose: yes Mayor Rozanski: yes Ms. Maurer: yes Denise King: One other point, I have some photographs here, they're numbered, they go from south to north, and I'd like to just make them available to the other members of Council. This is the same area that we toured but it goes north from Mr. Hayden's house just a little bit, right by Locust Hill, all the way up to the Karrer Place Lift Station, and documents the natural beauty of the area. Mayor Rozanski: Before we totally put this issue to bed, I think it's, be prudent that this Council decides when we'd like to make a final decision on the sewer. Since this has been eliminated, we're down to two. We've got to do it in the very near future. I'd recommend that we sit down at the next Council meeting and discuss it and work it out, and let's go with it one way or the other. Barbara Maurer: I'd suggest that we try and discuss the issues of prioritization of capital improvement funds at the same time. It seems to me that's the real reason we want to take action. fIfIP<"-'''' Mayor Rozanski: We have CIP meeting scheduled for next Monday. (Discussion.) Oh, okay, third Monday in September. Do you think we can do both in the same night? I don't. A. C. Strip: I don't see any reason why we need to do both the same night. I think most everything we do will be driven by what we do with the sewer. I think we concentrate on the main issue that is before, not only us, but the citizens. Give everybody a chance to speak on that issue that wants to speak, do our thing. No matter what we do, it's going to be unpopular with at least half the people. And then we go on to CIP. Joel Campbell: I would agree, I think we should deal with the one issue totally that particular evening. Very shortly thereafter, proceed to the CIP, because obviously the vote on that is going to be driven by, to some extent, what we do on the sewer issue. I think it would be very difficult to do them all the same night. -- I would hope though, I think Barbara's got a good point, I would hope that the staff would be working towards prioritizing those things and having that information available to us so that immediately after the vote on the sewer issue, we can be prepared to go right forward to the five-year, not the same meeting, but certainly within a meeting or so after. Mayor Rozanski: We have Council meeting set for the 2nd and 4th Mondays in September, due to the holiday, and the CIP the 3rd Monday. From looking at tonight's agenda, there will virtually be no third or second readings on anything on next Council meeting. So there should be just a very light agenda, introducing some new ordinances. I'd recommend that we take that meeting to make this decision. The second Monday in September. \Il4; Denise King: In order to prepare us to make that decision with the best information possible, wanted to ask the staff if you could within the realm of your own capabilities without hiring additional consultants, but perhaps still, talking to the folks who have already put all the energies into these reports, if you could do a present worth analysis, you've already done some of that, of what it would cost to construct both projects, given some of the variables that are mentioned in Parsons-Brinckerhoff, from way back when, and show us the additional cost it would add to both projects for all the legal fights that we might get 19 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLA.f'lK CO FORM NO 10148 HeIci August 19, 1991 19 ~. i!O into on either one of them, and the cost of any additional socio-economic costs that might be involved there, including the loss of tax revenues if we are delayed in constructing either option because of being held up in court. Because these are good studies of what it costs to do the nuts and bolts of the project but I think it leaves out some of the additional costs that we would incur if we, for example, we have trouble getting the right-of-ways, and if we cannot build buildings and get the 2 % income tax from all those construction workers, and if we cannot put people in those buildings because we don't have a sewer constructed that has enough capacity to allow us to do that. ~ Barbara Maurer: I thought that second study we did, did take into account cost of the easement. Tim Hansley: I think what Denise is asking, I think Terry agreed to something, I think, is going to be a little bit tough. I see Steve -- yes, there are so many assumptions that would have to be made, that I think it's only going to be good as you assume what's the national economy going to be, how many buildings would we have built otherwise, etc. I think we can identify the issues, but then it's kind of Council's guess as to, is it half that or twice that or whatever as far as number of buildings, what's the use of the building, etc. Steve's going to say "How can I tell you how long we're going to be in court, how much it's going to cost". 1f.1." ~ Denise King: You don't have a perfect crystal ball, but we do have a lot of data and we know what our history has been for the past five years. If you were to even presume that we're not going to continue on the incredible growth curve that we've been on, but rather to level off, if we use the same kinds of projections that we used for all our other planning work and apply that to this, we need to understand the total cost of both of the options that we have. Tim Hansley: I think what we're willing to do at staff level without even talking to Terry, is make some assumptions, as long as Council recognizes you can't fight the assumptions too much, without a perfect crystal ball, we'll say, assume some legal costs at so much per hour, so many years, and then you can at least have a basis to double or half or whatever you want to do with it. Something's better than nothing. Denise King: The other part of that would be to simply run out those lines and see where they would cross with those, and when I say the lines, I mean the cost of the two options; at this point, they cross at 60 or 70 years. At what point would they cross if those variables were --- Tim Hansley: And I think that's the type of discussions you probably will have September 9, what if this and what if that, and at least you would have something in front of you to argue from. That's why I see the value of that as long as you understand the pitfall. Somebody on Council can say, "Why, I didn't agree with that assumption". Well, fine, change it. <<J" Terry Foegler: We will attempt to cost all those items we can cost. Those that we can't, we will at least try to clearly articulate what those issues are so that each person can make their own subjective evaluations. Barbara Maurer: I think we would never be able to predict what would happen in the future. This last five years, we have had more unpredictable things than most cities get in a lifetime. Denise King: I didn't say to take that exact five years, I very carefully said to take that last five years with the understanding that we are not going to continue to grow at that pace, but 20 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYT N LE AL BLANK CO. FORM NO. 10148 ReIn August 19, 1991 19 p:..:...."II rather to use the projection of what, the same projection for this purpose that we use for all of our other planning five years into the future purposes, whether we're looking at how many more cars are going to be on the bridge over the river or anything else. We do have a method of predicting and we have a guestimate of how much we're likely to grow. Mayor Rozanski: Myra, I want you to advertise this as a special item, Public Hearing, because it's not on the agenda as such right now. It'll be a Public Hearing for public input along with Council's discussions, so nobody can say that they weren't aware of the discussions or meeting. A. C. Strip: Mr. Mayor, can we also establish that the extra meeting, which is the third Monday in September, will actually be a committee meeting of the whole, to roll up the shirt sleeves, working committee meeting, the press is advised and notified, but that also generally means that, as a working meeting, it is not, we don't sit up here, and it is not a public participation meeting. Barbara Maurer: I have a little bit of a problem with it being a committee meeting. I think we can have a special meeting and do it in any format we want. But I think we need to make some decisions at that meeting. A. C. Strip: We called it as a committee meeting at the last Council meeting. If you wish to change it as a regular Council meeting, I have no problem with it. But at the last meeting, it was targeted as a committee meeting; if you want to change it, it matters not, I'll be here either way. But I just want to establish what it was, because the format is very, very different. .--:"11 Barbara Maurer: We can have a public meeting in any way we want. If we want to sit around the table in our jeans, we can do it that way. My concern is that as a committee, you just can't do the things you can do as a Council, and I would think that at this point we would want to be able to make final decisions on that Capital Improvements Program at that meeting. Mayor Rozanski: We always have the opportunity the following Monday when we have the Council meeting in adopting what we worked on at that special meeting. Barbara Maurer: Why delay it, why not do it that night? Why are we delaying, I'm concerned-- Mayor Rozanski: Barbara, I don't think seven days is going to make that much difference at this point in time. We've discussed it and we agree that it would be a committee meeting, a work meeting, and as far as I'm concerned, I'd agree to work it that way. If the majority of Council wants to change it to a standard Council meeting, with consensus, we can do that. Steve Smith suggested that the meeting be a committee meeting so that the proper ordinances can be prepared for Council meeting. A. C. Strip: That was the reason, first of all, it was a suggestion from the Finance Committee, and the idea of a working committee meeting, which is open to the public, of course, want to make that clear, is so when we make some decisions, staff then can go back and take the week to do proper ordinances and we vote on it seven days later. Otherwise, we're going to be forced to shoot from the hip, without ordinances in front of us, and that's how you get in trouble. Mayor Rozanski: That's backfired on us on numerous occasions, for wording, or lack of 21 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting E AL BLANK co. FORM NO. 10148 ReIn August 19, 1991 19 thought sometimes put into them. So, on the second Monday of September, we'll have our first Council meeting and we'll discuss, and hopefully bring to conclusion, the sewer option issue; the third Monday will be, as it stands right now, a committee meeting of Council as a whole, to work on the CIP; and the fourth Monday will be, then again, a regularly scheduled Council meeting. Next, we have a nomination for a Dublin Fund Board of Governors. I had faxed to you a letter from Mr. Boston from Ashland Chemical from the Board of Directors, asking if we could reappoint Margie Amorose. According to the Charter, Margie has only been on for one term on the Board of Governor's; she can do another term, if so desired by Council. I have talked to Margie and Margie is willing to take on that responsibility again, if it's so desired by the Council. Any discussion or nominations? A. C. Strip: I would move to appoint Margie Amorose as the representative. Mayor Rozanski: Okay, is there a second? Any further discussion or comments? Hearing none. Mayor Rozanski: yes Mr. Amorose: abstain Mr. Campbell: yes Mrs. King: yes Ms. Maurer: yes Mr. Strip: yes ."... .. Reports from Council Committees. Mayor Rozanski: Reports from Council Committees. Any committees of Council. Hearing none, we'll go -- Denise King: Might just add that we have tentatively scheduled a Public Service Committee meeting in Danny's absence, but he knew this was coming. And it will take place on Thursday, August 29, at 9:00 A.M. here in City Hall; and the primary topic will be a new recommendation by the staff on the Billingsley Ditch. Discussion. Comments From Staff David Harding: I just want to call Council's attention to the memo that I put in the pack regarding the recruitment selection process for Clerk of Council. What is Council's pleasure with respect to the suggestion I made in the memorandum? Barbara Maurer: On Phase 4, I feel comfortable with 1, 2, and 3; on Phase 4, you have a reference check being done by Mayor Rozanski, who would report back to Council with his findings. And I guess that I would feel more comfortable if it were staff doing that than one of the Council members. (Background discussion) I do think a reference check needs to be done and I think that we have in the past, and certainly the state government has recently found out that you really ought to check up on references if you have the opportunity and have them in front of you; so it needs to be done. But I would just suggest that we change that one part of it. Tim Hansley: How about suggestions to a variation that staff would do it with Jan's review and approval so that Council can be assured that it was done. 22 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting LEGAL BLANK CO. FORM NO. 10148 HeIn August 19, 1991 19 Barbara Maurer: Well, it says report back to Council -- to me, it would be staff doing it and then reporting back to the whole Council as to what they found. So that wouldn't be left out. !'Jni'"" ...,. ..,.it Tim Hansley: One thing that may not be clear on here, this is meant to be, almost could be stemmed as a draft, we wanted to give you a process to start discussion so that we can at least finalize the process, so any of this is subject to the sense of Council, and that's what David wants tonight, is some feedback as to which numbers need to be changed, or if any need to be changed. Denise King: I had suggested to Dave that I wanted to see what the rest of you all felt, that it was fine to have the Mayor and the Vice Mayor as the only two Council members who are taking on the responsibility of sitting with the staff to interview the candidates, but should you find that you cannot dedicate that much time to it, I would be willing to be pulled in to some of those if I'm available, and I would imagine that other Council members might feel the same way. It's really ideal to have a consistency in the interview team, but if you can't, call on the rest of us. The other point is that I would like to be able to recommend some of the questions that are asked in the structured portion of the interview, because I want to know what the applicants think and how they would handle the answer. Mayor Rozanski: When we get to that stage, Council can draft any questions they would like and put in there. We have no set format, per se, for that, and I appreciate the offer of helping. And Barbara, your idea is fine with me. If you want staff to do the reference checks, I have no problem with that whatsoever. (Discussion) With that slight change, is it Council's agreement to proceed with this? ."',.j> "'~.'# Barbara Maurer: Could I just add one more thing, that when you did the selection process, so many, the top 10 or 12, as I recall there were top 10 or 12 police chief candidates, and the process that you used then, if you'll recall, was to have a rating, all the factors that would be taken into consideration, I think you took photographs of them so you'd remember them at the end of the day. And then there was a rating system that was, I think, quite fairly done, and that would help the rest of us on Council, feel that there would be a way of looking at what was said and thought about the candidates by the various board members and that part of it, something would be written in that we could review if we felt uncomfortable about anything. I don't anticipate that but I think that was such a good process. David Harding: I'd be more than happy to standardize as much as I can, the questions, the rating scale, the rating system, be happy to do that. Barbara Maurer: I think they interviewed, they had time to do the rating, and did it in a very consistent pattern, so that by the end of the day, everybody had been given fair treatment, and there wasn't an advantage because you were the first one in the morning or the last one at night. ttt., A. C. Strip: I would just like to, this may be your policy, but I think we've goofed on this when we've interviewed for boards and commissions, but I think that every candidate, unsuccessful candidate should get a thank-you letter from the City in acknowledgment for any position, frankly, not just this one; if it's not our policy in the City, it should be. Mayor Rozanski: Yes, we send them out. David Harding: That's standard procedure. A. C. Strip: It hasn't been our policy with boards and commissions -- 23 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting AL BLANK co. FORM NO. 10148 ReIn August 19, 1991 19 Mayor Rozanski: Yes, it has. Frances typed up the letters and I signed them. A. C. Strip: We'll talk about it later, it hasn't been consistent. It has not been consistent. - David Harding: The only other thing I wanted to add, the total topped out at 204 candidates, so we did quite well. I feel that we probably have, probably the top 10 to 12 best -qualified candidates are going to be those that either have Clerk of Council experience or Deputy Clerk of Council experience with other municipalities. So I think we've done quite well. Discussion. Janet Jordan: I just wanted to make note that the brochure of the fall Recreation Program offerings will be in the plastic bags that get hung on your door, Monday or Tuesday next week, so please look for it. Council Roundtable. Mayor Rozanski: We'll move on to Council Roundtable. i;;, Joel Campbell: We're not, maybe goes along the same line as what Ace, kind of struck me when he was talking about people don't always get the thank-you letters for the applications. And I imagine it's probably right that maybe most of the people do, but I think there's a lot of misses from what I understand, too. And that same thing's happening on these Council response deals. When people call us, or as Catherin did Saturday morning, I came over in my bathrobe to look at this tar on the driveway. They expect something to happen and obviously we can't fix all these problems, all we can do is pass them on to the person, whoever Tim decides is the right person to respond. We have to make, and I don't want to be a jerk about this, but we have to make absolutely certain that every time somebody calls one of us and we send the memo in, whatever it is, that that person who contacted us, gets a response, absolutely certain, without exception. Myra: If I could interrupt, when there's not an address on there, then I assume that you want to respond. Joel Campbell: Then you can look it up, or somebody else can. I'm not being, this has been going on, I've been on the job a year-and-a-half, and I don't know how many times people have called, first we called in and nothing happened, then we decided to do this system where we turn the slip in, and a number of times there's either a phone number or an address, sometimes we don't get that, they call us at 10:00 at night and you get a phone number from somebody. I don't think that the staff wants the calls at night like we get them at 9:00 or 10:00 at night, or 8:00 or 9:00 on Saturday morning, those kind of things. That's our job, we're the elected officials to take those calls. It's also our job to make darn sure that somebody gets a response when they call us. And I don't want to be like somebody else, calling all around the City government, going past Tim which is not my job, to try and make contact with whoever it is that's supposed to be dealing with the problem. All I know is, that the seven of us don't look good if things don't get done when someone calls us. And there's only so long we can just cruise through and say "Well, okay, things will happen, things will happen, things will happen", and people get mad at us. And three of you guys are up for election this year, and that's going to come back to haunt you guys this year, maybe if things aren't right; and if any of us runs two more years from now, we'll have the same thing. The only remedy we have is to ask the City to do what the people call us about. The people out there are the customers, we're the people in the middle, and we have to be able to pass it on, and we've got to get some response to that. 24 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting N LEGAL BLANK CO. FORM NO. 10148 Reln August 19, 1991 19 _"..-;.i/ It's not just a matter of all of a sudden tonight, my saying something, but it's been slowly getting, I normally don't get upset about things until I hear about them for a while, and I've heard about them too long. It's time that we make no exceptions, if somebody calls in, they get a response, even if it's just "Gee, we didn't know you had a problem, we'll be right out the next morning", or whatever. You don't have to go out necessarily on Saturday afternoon when we get the calls, or Sunday night at 10:00, or whatever. Second thing, I noticed that the, I got a call from a CPA on the tax issue. You guys apparently have dealt with this before, of which I was unaware, maybe it was back a ways. I got a call from, apparently our code does not allow what they call the safe harbor for estimated tax. The federal government, for those of you who don't know, allows people when they pay estimated tax four times a year, to, the safe harbor is if you pay in to the federal government the same amount of money that you paid the year before in tax, then you're not assessed any kind of penalties or interest because you have met at least what would be a guideline for you, as a good faith payment of your estimated tax. Our code doesn't provide for that. Our code says that if you don't pay the estimated tax in the correct amount in the correct proportion four times a year, you get the penalty and interest, even if you were in a situation, which some people do, get year-end bonuses of some kind or some significant year-end income that they couldn't foresee at the beginning of the year, they can get stung with the interest and penalties that they are to pay proportionately throughout the year, even if that person had paid based upon what his previous years tax was. The reason that's a, and I guess the accountant mentioned it to me, he's an accountant that practices here in Dublin, by the way, and they have offices around the State of Ohio and I guess in Chicago, too, but Steve Hoffman called me, I sent a memo into the City on that and I got a response back from Steve, and he said they had specifically looked at that back a ways, and if I recall, basically he was going to send me a note, I didn't get it yet, but the idea is that apparently due to the significant amount of tax income we get from, of course, income tax and specifically from estimated tax, he felt that the Council, either whether it was you all or previous Councils, had rejected that in the past. I think it's time to take another look at that, if in fact, it had been rejected. It's a type of situation that, the federal government obviously has a big income that they rely on and they have to pay their bills, but they also recognize that taxpayers sometimes don't have great crystal balls, and you can't project what your income's going to be throughout the year particularly if you have year-end type situation, and you have no safe harbor, is what they call it, under our code. So the reason I'm asking this is, and I told Steve I would bring it up at the next meeting, if you all feel that it's worth looking into this, I will ask him, he said he would help draft the appropriate language. The accountant sent me the copies of the code and all that so it would be pretty easy to do, for us to consider allowing for this same type of safe harbor provisions that the federal government has, only in our code, which we presently do not have, for taxpayers when they're preparing and paying their estimation through the course of the year. First of all, does that make any sense to anybody; and secondly, is there at least enough interest for us to look into. F,'"...',!- Mayor Rozanski: I think it makes sense to all of us. I'm going to defer this to the two older members of Council, who have been on here the longest, because I don't recall ever discussing it. Joel Campbell: Steve seemed to indicate that there had been some previous rejection of this idea. Mayor Rozanski: Not by anybody on this Council, I don't think. Steve Smith: Joel, we had some tax issues come up with some people who had moved to town, in fact some accountants came to the Council chamber and discussed specific issue, but we, to my knowledge, never discussed this issue. 25 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting NEAL BLANK CO. FORM NO. 10148 Held August 19, 1991 19 A. C. Strip: The specific issues were recapture and Sub "S", was then called Sub liS", it's now S Corporation Election, but not that one, that's a good one. ",,' Mayor Rozanski: Why don't we just refer it to Finance Committee? ~",,", Joel Campbell: I can give you the documentation and you can look into it further if you want. Marsha Grigsby: Steve did give me copies of memos that he had prepared on this issue for Council work or Finance Committee, I can't remember off hand. But I can get those memos copied and out to you. One of them was in 1988, and one was in 1989, I believe. Discussion - no microphone Joel Campbell: I'll tell the accountant, his name is William Etchel, I'll tell him the Finance Committee is going to look at it, and if they have any questions, I'll tell him to call you, Ace? Thank you. Denise King asked to see several staff members after the meeting. ""'-<;jI Barbara Maurer: In reference to the correspondence that was in the packet, Meyers versus Board of Zoning Appeals. We apparently lost this in part, we lost half of it, because we don't have an adequate definition of the word "motorhome" in the Dublin Zoning Code, and apparently we have something that says you can't park motorhomes in your driveway, and I would suggest that we get a definition of motorhome, because I know there's a law like that in other cities that work. And why don't we refer it to the attorney? ---- Yes, I saw the other one which is fine, but it just seemed to me that's something we don't let fall and should be working on it. And I'd be real interested in how you'd find a motorhome -- The other thing I just want to mention is that the reason Tim and I came late tonight was that we were invited to Plain City. Plain City is in the position we were in in 1978 in Dublin, they are having a third reading of an ordinance to place the charter commission issue on the ballot, and we were asked to come and talk about what process we used, and they had somebody from West Jefferson there to talk about what processes they used. And they were very interested as their city is at an early stage of thinking about Columbus's government, and I gave a 15-20 minute discussion which I ended up talking a little bit about Council/Manager form of government. And we had previously talked about maybe having dinner with that city council sometime, and I would just like to suggest that we look at having a social occasion with them, because they do seem to be really interested in talking about some of the issues that have arisen. And of course, we'd invite the press, I don't know whether we'll buy their dinners, but we can ask them to come and listen to us and hear what we've been talking about for 10-12 years. So that's just a suggestion. I did, at Goal Setting meeting last spring, I took a poll of the Council and I gave it to Frances on which ones we wanted to follow up on, and I don't remember what the results were, and since she's died, I don't have any way of figuring out what we said. So I guess I'm suggesting that we put that as a priority and look at, I think we were holding off on the townships until we had a decision from the Supreme Court. And we did want to meet with some of the other suburbs again, but I would just suggest that, and I know we've talked about the school board after the election, so -- ..,4 .,. '~J Tim Hansley: And obviously Shawnee Hills and Powell were your highest vote getters, and that's why that one has been scheduled. Plain City was on the list, I don't recall if it was before or after townships. Barbara Maurer: Nobody seemed to be really very interested in that at the time, but I really 26 .. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting AL NK co. FORM NO. 10148 ReIn August 19, 1991 19 strongly suggest we do it just because I think it's a good neighbor type thing to do, to give them the opportunity to talk in an informal situation about what kinds of issues arise in City Manager form of government. """" <II Tim Hansley: I might quickly add, for Council's consideration if you take a straw vote on that one or if you want to talk about it next time or whatever, that Plain City is beginning to look at us as a resource, just like they invited us tonight. Some of you may be aware, they bought from us for a dollar, our two used disaster sirens. They're beginning to call on us as a resource on "how did you do this?" or "what do you think about that?". So I think in that sense, even if we don't feel as close to them as they feel to us, I think that bond needs to be formed in some fashion. We're working at the administrative level with them; I think at the legislative level, it may be time. Another interesting fact is that one of the Washington Township Fire Inspectors, Alan Perkins, and of John Sedlock, has recently been appointed to their city council to fill a vacancy. So there's another connection with this community as well. Barbara Maurer: I think that some of the images of what we are and what we aren't are gotten rid of when they meet us personally, and vice versa, and I think that makes it easier for them to talk with us if we do it in that informal setting, and I don't have any problem with the press being there, I think that's kind of fun. Mayor Rozanski: I just have one thing. In the Maintenance Department, I don't know if you are aware, but there was a pedestrian accident on South High Street. With that, I'd entertain a motion to go into Executive Session on a land purchase and legal issue. David Amorose: So moved. A. C. Strip: Second. Mayor Rozanski: yes Mrs. King: yes Mr. Campbell: yes Mr. Amorose: yes Ms. Maurer: yes Mr. Strip: yes Mayor Rozanski: We will not be reconvening. Thank you very much. Meeting adjourned 9:20 P.M. ~' /...-:7 "./. ~../ ~/..,. / J7 27