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HomeMy WebLinkAbout09/17/1990 RECORD OF PROCEED[NGS Minutes of Dublin city council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 Hel Se tember 17 1990 19 Mayor Jan Rozanski called the regularly scheduled Council meeting to order at 7:30 P.M. on Monday, September 17, 1990. Mr. Strip led the Pledge of Allegiance. Council members present were: Mr. Amorose, Mr. Campbell, Mrs. King, Mayor Rozanski, Mr. Strip and Mr. Sutphen. Ms. Maurer arrived at 7:45 P.M. Mr. Hansley, City Manager and Mr. Smith, Law Director, were also present as were: Mr. Bowman, Ms. Clarke, Chief Ferrell, Mr. Foegler, Ms. Grigsby, Mr. Johnson, Mr. Jones, Ms. Jordan, Mr. Lenz, Mr. Mack and Mrs. Metz. Mr. Amorose moved to approve the minutes of the September 4, 1990 Council meeting. Mr. Sutphen seconded the motion. Vote - Mr. Strip, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mr. Sutphen, yes. Sewer Update - Mr. Terry Foegler, Development Director Mr. Foegler summarized Ohio EPA Director Richard Shank's Final Findings and Orders issued and effective on March 7, 1990, which were revoked and the sewer connection ban terminated, effective on September 14, 1990. The main elements of the new order are that the connection ban was removed; the City must continue to remove I/I; that there is a possibility in the future that a holding tank or a stabilization tank of some type may be required. Mr. Foegler reported that the odor control equipment has been installed and became operational on this date. He also noted that the telemetry system is currently being installed; the projected operational date being about October 22, 1990. Mr. Foegler said that staff had met with adjacent property owners with regard to landscaping around the site and said that the effort of staff will be to provide the maximum amount of reasonable screening to screen the building and other facilities from adjacent residents, and that it will be done this fall. With regard to the I/I, Mr. Foegler said that the City has identified and issued work orders for about 3.3 million gallons; that approximately 500,000 gallons of I/I sources still need to be repaired. Mrs. King said that someone had recently asked her if Dublin plans to cover some of the costs that occurred as a result of the search for the I/I by raising sewer tap fees or by making other adjustments to the sewer rates. Mr. Foegler answered that staff at the next Council meeting will be recommending an ordinance not only that will raise the tap fees but will raise user fees as well. Responding to a concern expressed by Mr. Strip, Mr. Foegler said that the fees would reflect only a fair share of maintenance and operating costs for the ongoing, future maintenance of the system. Mr. Foegler said that he would prepare, in writing, staff's recommenda- tions as regards the fees and would forward to members of Council those recommendations later in the week. Mayor Rozanski thanked Mr. Foegler and Mr. Johnson and his staff for the great deal of hard work expended during the past six months on the sewer situation. Correspondence There was no objection to a transfer of a D6, D6 liquor permit to CNB Food Services Inc. DBA as Girardi's Restaurant from Ralph Setterlin, Jr. DBA Muirfield Square, 6085 Memorial Drive and Patio. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 10148 Hel Se tember 17, 1990 19 Page Two Comments from Citizens (Items not on Agenda) Mr. Jack Chaisson, speaking on behalf of the Emergency Services Committee asked for an update as to the timing for the Attorney General's opinion. Mr. Smith reported that he had met with Mr. Mike Miller, Franklin County Prosecutor, Mr. Duncan Whitney, Delaware County Prosecutor, wrote a joing request to Mr. Celebreeze, asking for the Attorney General's opinion. He said that he, Ms. Princehorn, counsel for the Washington Township Trustees, Mr. Whitney as well as counsel for the Concord Township Trustees had had delivered by Mr. William Brown, former Attorney General all legal research compiled by the four aforementioned persons to the Attorney General. Mr. Smith said that he felt that the would have the Attorney General's opinion in time for the next meeting of the Delaware County Commissioners which is scheduled for October i, 1990. Ordinance No. 84-90 - Ordinance Providing for a Change of Zoning - 11.728 Acre Tract on West Side of Old Avery Road, South of U.S. 33/S.R. 161. Public Hearing. Mr. Lou Weil registered as a proponent. There were no registering opponents. Mr. Bowman summarized the request and showed slides of the site. He said that following discussions for approximately a year and a half between the staff and the applicant that it was determined that the biggest problem was that the General Industrial District does not permit lot splits in the manner desired by the applicant. The applicant and staff finally agreed that the best way to approach the problem would be to actually rezone the property, using the Planned Industrial Park District (which has been used in the township but not in the City). This provides for a much better solution in that it specific- ally eliminates the right-of-way requirement; would give specific uses, actually denoting what use would go on what specific lot; the planned portion of the district would detail the relationship between the lots for purposes of water, of sewer, and of stormwater as well as its access. Mr. Bowman said that the rezoning will provide for lot splits for a self-storage facility and a sewer treatment plant facility, development of one more office/warehouse-type facility as well as a small U-haul type business on a portion of the storage facility (10 spaces). Also have monitored the Universal Gymnasts facility (parking) and will now allow competitive meets at the Universal Gymnasts facility which is already located on the site. Staff recommended approval. The Planning Commission with a 5 to 1 with 1 abstention also recommended approval with one modification to the text, which is as follows: "Thie application would not adversely affect Anderson Concrete from its present usage of the premises during possible or expanded use of the premises so long as that future expanded use would be consistent with the use that is presently there." Responding to a question from Mr. Amorose, Mr. Bowman said that as regards sewers and mandatory tap-ins that the Dublin ordinance states that if the line can be reasonably extended that one is required to tap-in. Mr. Amorose pointed out that the mounding along S.R. 33 (required from a previous rezoning) had never been final graded nor seeded and that the mound had been mowed only once this year. Mr. Weil said that they had planted wildflowers on the mound; that he was waiting for the wildflowers to develop; that if they do not look any better then they did this year that he will do something else. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 10148 Hel September 17, 1990 19 Page Three Mr. Weil said that the only way to cut the 6' high mouns is with a weed eater, and also said that it is too dangerous to mow. Mr. Amorose mentioned the standing water in the area to the west of this existing building. Mr. Weil said that since summer the area has been built in with good solid fill and that there is no longer water in there. Mr. Bowman said that the type of loop had not been decided upon, land had not been acquired, and that he felt that such a road was a distance in the future. He also said that the possibility of going down Shier-Rings Road was also being considered and that he agreed that the time for planning is here, noting that with the development of the Perimeter Mall that a loop road or some other means of taking easternbound traffic away from the Mall. Mr. Sutphen expressed a concern, noting that this would be a private street and wondered if there were plans for a private hydr-ant or some other water source for the fire department. Mr. Bowman said that in his estimation to hold up the zoning in this case the City should be in some kind of acquisition posture and it is not. Ms. Maurer suggested that staff enlighten Council prior to the next reading regarding the possibility of an eventual loop, etc. so that Council could either put themselves in a land acquisition posture or not. It was noted that the State Highway Department has dramatically strengthen- ed their regulations regarding exit ramps and loops. Mr. Foegler noted that at this point the developer has been made aware that the City does have future plans in the area and that acquisition will probably take place. There will be a third and final reading of the Ordinance on October 1, 1990. Ordinance No. 78-90 - Ordinance Vacating Fourth Alley in City of Dublin and Accepting Dedication of 0.084 Acre Traet of Land in City of Dublin. Second Reading. Mr. Bowman referred to the maps and the site plan identifying Fourth Alley, noting that the applicant is proposing to move the alley 4' to the north and then dedicating an additional 9' to create a 22' alley rather than the 16' as it is now, said alley being built by the developer for public use. He also noted that the project had been discussed by the Architectural Review Board as well as the Board of Zoning Appeals. Mrs. Orser of Riverview Street said that there was opposition to the project; that they would prefer to see the area remain as it is. Mayor Rozanski said that he felt that with the number of unoccupied buildings in the downtown area that the area needs to be changed and improved to make it more marketable. With regard to the extensive renovation of the building at 91 S. High Street, Mr. Grabill said that they were restructuring the building, that the baseboards from the original part of the building will be re- installed; that the siding will be replaced as it was built, and that the alley will be built with brick pavers. Ms. Maurer moved to waive the three time reading rule and pass as an emergency. Mr. Amorose seconded the motion. Vote on the motion - Mrs. King, yes; Mr. Strip, yes; Mr. Sutphen, yes; Ms. Maurer, yes; Mr. Campbell, no; Mr. Amorose, yes; Mayor Rozanski, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 10148 Hel Se tember 17, 1990 19 Page Four Vote on the Ordinance - Mr. Amorose, yes; Mrs. King, yes; Mr. Campbell, yes Mayor Rozanski, yes; Ms. Maurer, yes; Mr. Sutphen, yes; Mr. Strip, yes. Resolution No. 32-90 - Resolution Creating a Mayor's Advisory Task Force on Child Care. Second Reading. Regarding a request for clarification from Ms. Jordan, Mrs. King said that she had never said that she wanted all of the members to be residents of Dublin. There will be a third reading of the Resolution at the next regularly scheduled Council meeting. Ordinance No. 85-90 - Ordinance Appointing Members of Solid Waste Advisory • Board. First Reading. Mr. Amorose introduced the Ordinance. Mrs. King moved to waive the three time reading rule and treat as an emergency. Ms. Maurer seconded the motion. Vote on the motion - Mrs. King, yes; Ms. Maurer, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mr. Strip, yes. Vote on Ordinance - Mayor Rozanski, yes; Ms. Maurer, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Amorose, yes. Ordinance No. 86-90 - Ordinance Accepting Lowest/Best Bid for Paul Blazer Parkway Extension. First Reading. Mr. Sutphen introduced the Ordinance. Mr. Mack reported that the City Engineer recommended that the contract be awarded to Nickolas Savko & Sons, the lowest bidder, using a concrete base pavement. Ms. Maurer moved to amend the Ordinance to reflect the base bid, $375,979.80. Mr. Amorose seconded the motion. Vote on the motion to amend - Mr. Amorose, yes; Mr. Sutphen, yes; Mr. Campbell, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mrs. King, yes; Ms. Maurer, yes. It was noted that there was not a penalty clause in the contract, but only the standard liquidation damages clause, but in order to assess such damages the City would have to prove said damages, which Mr. Strip noted would be very difficult to prove. Mr. Strip expressed a concern regarding this particular contractor, noting that there has been a problem with timeliness on previous jobs that this contractor has done in Dublin. Mr. Mack said that the City Staff had met with the contractor at length to indicate that high performance on this job would be a major factor in the company being awarded future projects with the City. He also noted that the quality of work with this contractor has never been questioned, simply the timeliness. It was noted that in this particular job the timeliness is probably not as critical as quality of work, for example. Mayor Rozanski did point out that Savko & Sons would be able to do the entire project, not having to sub-contract out, with the exception of having to sub-contract the asphalt paving. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting D N LE AL ©LANK CO. FORM N0. 10148 Hel September 17, 1990 19 Page Five Ms. Maurer moved to waive the three time reading rule and treat as an emergency. Mr. Amorose seconded the motion. Vote - Mr. Amorose, yes; Mr. Sutphen, yes; Mr. Campbell, yes; Mrs. King, no; Ms. Maurer, yes. Vote on the Ordinance - Ms. Maurer, yes; Mr. Amorose, yes; Mrs. King, no; Mr. Sutphen, yes; Mr. Strip, no; Mayor Rozanski, yes; Mr. Campbell, no. Ordinance No. 87-90 - Ordinance Accepting Lowest/Best Bid for Ditch Rehabilitation on East Side of Riverside Drive. First Reading. Mr. Amorose introduced the Ordinance. Mr. Mack reported that it was the City Engineer's recommendation that the contract not be awarded; that this is a minority business; that one of the bidders who was a qualified contractor did not qualify as a minority business enterprise; that the low bidder did quality as a minority business but is not experienced in this type of work. Mr. Strip moved to reject the bids. Mr. Amorose seconded the motion. Vote on the motion - Mr. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Ms. Maurer, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Amorose, yes. Ordinance No. 89-90 - Ordinance Accepting Annexation of 733± Acres from Washington Township to the City of Dublin, Ohio. First Reading. Mr. Sutphen introduced the Ordinance. There will be a second reading of the Ordinance at the Council Meeting on October 1, 1990. Ordinance No. 90-90 - Ordinance Providing for a Change of Zoning on a 23.423 Acre Tract at the Southeast Corner of Rings Road and Wilcox Road. First Reading. Mr. Amorose introduced the Ordinance. Mr. Amorose moved to refer the Ordinance to the Planning and Zoning Commis ' n. Mr. Sutphen seconded the motion. Vote - Mr. Campbell, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Strip, yes; mrs. King, yes; Ms. Maurer, yes. Ordinance No. 91-90 - Ordinance Amending Ordinance No. 43-90, et.al., Regarding Establishment of Location and Amount of Cash on Hand. Mrs. King introduced the Ordinance. Mrs. King moved to waive the three time reading rule and treat as an emergency. Ms. Maurer seconded the motion. Vote on the motion - Mr. Strip, yes; Ms. Maurer, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mayor Rozanski, yes. Vote on the Ordinance - Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Sutphen, s; Mr. Strip, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Campbell, yes. Mr. Hansley commented he, the Finance Director, and Assistant Finance Director had recently met with the State auditor's staff a few days ago, and that Mrs. Metz and her staff should be complimented; that the auditors suggested only a couple of minor changes; that no major citations were issued. RECORD OF PROCEEDINGS Minutes of Dublin City council Meeting Meeting DAYTON LEGAL BLANK CO. FORM N0. 10148 Hel September 17, 1990 19 Page Six Ordinance No. 92-90 - Ordinance Authorizing a New Position - Secretary Within the Division of Building Inspection. First Reading. Mr. Strip introduced the Ordinance. Mr. Sutphen moved to waive the three time reading rule and treat as an emergency. Mrs. King seconded the motion. Vote on the motion - Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mrs. King, yes; Ms. Maurer, yes. Vote on the Ordinance - Mr. Campbell, yes; Mayor Rozanski, yes; Ms. Maurer, yes; Mr. Sutphen, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Amorose, yes. Ordinance No. 93-90 - Ordinance Accepting Lowest/Best Bid for Salt. First Reading. Mr. King introduced the Ordinance. Mr. Johnson estimated that approximately 4,000 tons of salt would be needed this winter. There will be a second reading of the Ordinance at the next regularly scheduled Council meeting on October 1, 1990. Ordinance No. 94-90 - Ordinance Authorizing Establishment of .Law Enforce- . went Trust Fund. First Reading. Mr. Sutphen introduced the Ordinance. Mrs. Metz said that the monies in the fund specified here and in Ordinances 95-90 and 96-90 must be used only for those things provided for and specifically listed within each Ordinance. Mr. Sutphen wondered if Dublin keeps the monies or if they have to be shared. Chief Ferrell noted that it depends on the incident; that if Dublin has instigated the investigation and are the primary player, then approximately 90% of the seizure goes back to Dublin, but if a seizure is part of a multi-jurisdictional task force then the parties agree on a percentage and the money is distributed by those jurisdictions involved. He noted that Dublin is in the Franklin County Task Force with a number of other communities, but that most of the seizures probably would be in the City, done by the City of Dublin. There will be a second reading of the Ordinance on Monday, October 1, 1990. Ordinance No. 95-90 - Ordinance Authorizing Establishment of the Mandatory Drug Find Fund. First Reading. Mr. Amorose introduced the Ordinance. There will be a second reading of the Ordinance on Monday, October 1, 1990. Ordinance No. 96-90 - Ordinance Authorizing Establishment of Enforcement and Education Fund. First Reading. Mr. Strip introduced the Ordinance. There will be a second reading of the Ordinance at the next regularly scheduled Council meeting. Resolution No. 45-90 - Resolution Accepting Amounts and Rates Authorizing Necessary Tax Levies. First Reading. Mrs. King introduced the Resolution. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting AVT N LEGAL BLANK GO. FORM NO. 10148 Hel Se tember 17, 1990 19 Page Seven Mr. Strip moved to waive the three time reading rule and treat as an emergency. Ms. Maurer seconded the motion. Vote on motion - Mr. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Ms. Maurer, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Amorose, yes. Vote on Resolution - Mrs. King, yes; Mr. Sutphen, yes; Mr. Campbell, yes; Mr. Strip, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mayor Rozanski, yes. Resolution No. 46-90 - Resolution of Necessity - Dublin Village Center Street Lighting. First Reading. Ms. Maurer introduced the Resolution. Mr. Amorose moved to waive the three time reading rule and treat as an emergency. Ms. Maurer seconded the motion. Vote on the motion - Ms. Maurer, yes; Mr. Campbell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mayor Rozanski, yes. Vote on the Resolution - Mayor Rozanski, yes; Ms. Maurer, yes; Mr. Sutphen, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mr. Strip, yes; Mrs. King, yes. Resolution No. 47-90 - Resolution of Necessity - Muirfield Drive Improve- ments. First Reading. Mr. Sutphen, introduced the Resolution. Mr. Strip moved to waive the three time reading rule and treat as an emergency. Mr. Amorose seconded the motion. Vote on motion - Mr. Strip, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Ms. Maurer, yes; Mr. Campbell, yes; Mrs. King, yes. Vote on Resolution - Ms. Maurer, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Sutphen, yes; Mr. Amorose, yes. Comments from Staff Mr. Smith 1. Complimented Mr. Foegler on his demonstrated patience, professionalism and effectiveness in dealing with the Ohio EPA these last several months. Mr. Johnson 1. Reported a washout on Grandee Cliffs Drive which he said his crew will "quick fix" for about $1500 Ms. Jordan 1. Will be bringing legislation before Council at the next meeting for the resurfacing of the tennis courts at Avery Road Park. 2. Did not get any bids for the re-roofing of the Brand Road barns. Mr. Sutphen suggested putting an advertisement in the "Plain City Advocate", and Ms. Maurer said that she would give Ms. Jordan a name of someone who might be interested in doing the project. Mr. Foegler 1. Will be bringing in legislation regarding a restructuring of the Building Construction Appeals Board. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 Hel Se tember 17, 1990 19 Page Eight Mr. Bowman 1. Said the City received no bidders on the daylilly project on S.R. 161. Thus, made calls to different wholesalers and at a minimum will have two different purchase orders, all under the minimum bidding require- ment. The project should be completed within the next month or so. 2. There have been a number of meetings in Old Dublin. The residents, the business owners, as well as the merchants got together and elected a Steering Committee for the CIC. Mark Jones is preparing a report. Council Roundtable Discussion Mr. Sutphen 1. Asked Mr. Mack if there are any other curbs in the City of Dublin (other than the new curb begin put in at the north end of Muirfield) that are being worked on at the present time as part of the street improvement program. Mr. Mack said that he would check to see how many others were being worked on. Mrs. King 1. Recalled that she had asked for a written analysis on the require- ments for a paper township prior to this meeting, and wondered where that analysis was, having not been received by members of Council to date. Mr. Hansley said that Mr. McDaniel is working on that report, but staff has had a difficult time scheduling all the experts who they want to bring to the table to look at a variety of issues. Mrs. King said that what she wanted is a written report regarding all the issues associated with determining whether or not a paper township is in the best interest of Dublin and a timeline for how it would be achieved. Mr. Hansley said that the group they had met with (taxation people) said that they do not know exactly how to do it but that if Dublin wants to take that legislative action that they, state and county officials, will work with the City to make happen what Dublin would like to happen if at all possible. The difficulty is in creating a new paper township which encompasses four township and three counties. Ms. Maurer 1. Reminded Council members of the dinner scheduled for Wednesday, September 19, 6:30 P.M., at Stouffer's with city managers and councils from Worthington, Upper Arlington and Hilliard. 2. Suggested that perhaps a report on the Goal Setting Meeting could be prepared and be made available to the public. Also suggested that, in some format, Council should officially adopt the 1991 goals and direct staff to include those in some format in the budget. 3. Wondered if another goal setting meeting was necessary to review and develop policy regarding capital improvements. 4. Suggested members of the boards, commissions and committees be notified in writing of the opportunity to receive training. Mr. Foegler said that staff is circulating and copying members on brochures and other information received in-house. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYT N LE AL BLANK CO. FORM NO. 10148 Hel Se tember 17 1990 19 Page Nine 5. Mrs. Metz said that Mr. Hoffman has been giving her a monthly update as regards income tax collections. She noted that, generally, the increase is approximately 8%; that the City is ahead of last year, but less then projections had been, less then the typical increase has been; that the City definitely has seen the effects of the sewer connection ban. 6. Wanted to clarify what the City is doing about the cable issue. Mr. Hansley said that it was staff's understanding that the City would hire a firm to initially review the City's current contract; discover options that the City might take advantage of, etc. Ms. Maurer again said that she would be very interested in having someone on board to monitor complaints and criticisms from citizens regarding their cable service. Mr. Strip recalled that Council also wanted advice on what itmes the City might be able to negotiate in the next contract. Mr. Amorose 1. Thanked the Mayor, the Police Chief, the City Manager and all those who participated in the "Half Way to St. Patrick's Day" activities, specifically those subjecting themselves to the dunking machine. 2. Noted that there is still quite a bit of erosion along the Billingsley Creek. 3. Said he felt that it was time that the City review its personnel policy as it pertains to the use of alcohol by City employees, whether it is prior to reporting to work or on lunch breaks, etc. Noted that City employees could use very poor judgment in the operation of a City vehicle or other City equipment. Mr. Smith will review the issue and follow through. Mayor Rozanski 1. Publicly thanked the Dublin Daybreakers Kiwanis for a fun time at the "Half Way to St. Patrick's Day" celebration. Mr. Strip moved to adjourn to Executive Session at 9:53 P.M. Mr. Sutphen seconded the motion. Vote - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes. yor - Presid' Officer Clerk of C nci