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HomeMy WebLinkAbout02/12/1990 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DA'i (:JN I.E GAL BLANK CO., FORM fv 0. 1014 Held February 12, 1990 19 Mayor Rozanski called the meeting to order on Monday, February 12, 1990 at 7:30 P.M. ~ Mr. Strip led the Pledge of Allegiance. Mr. Hansley, City Manager, and Mr. Smith, Law Director, were present as wer r.... the following City staff: Chief Ferrell, Ms. Grigsby, Mr. Harding, Mr. Mack, Mr. McDaniel, Mrs. Metz and Mr. Willis. Members of Council present were: Mr. Amorose, Mr. Campbell, Mrs. King, Ms. Maurer, Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes. Mr. Amorose moved to approve the minutes of the January 19, 1990 meeting of Council. Mrs. King seconded the motion. Vote - Mr. Strip, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mr. Campbell, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mrs. King, yes. Correspondence - None. Comments from Citizens for Items Not on the Agenda - None. Ordinance No. 11-90 - Ordinance Authorizing City Manager to Enter into a Contract with the Fraternal Order of Police Capital City Lodge Number 9. Second Reading. Mayor Rozanski reported that Council would adjourn into Executive Session ~ after the meeting to discuss this contract, and that thus there will be a Third Reading of the Ordinance at the next regularly scheduled Council meeting on February 19, 1990. Ordinance No. 13-90 - Ordinance Authorizing City Manager Regarding Purchas and Installation of Phase II of Outdoor Emergency Warning System. Second 1rw Reading. Mr. McDaniel reported as follows: 1. Everything in Phase II would be the same as Phase I - the sirens, hookups, etc. 2. The sirens purchased last year (1989) were purchased at 1988 prices; the ones purchased for Phase II will be at 1989 prices, an increase of about 4% over the 1988 price. 3. Dublin will be paying the same price that everyone in the County will be paying. 4. The Township is(has) installed a different type of siren from the same manufacturer (Whelen Engineering) which has a rotary and has a bigger radius of projection. 5. Both the City and Township sirens have the ability to broadcast tones and voices. 6. The reason the City would not be going out for bid is because this is a "sole source". The only other manufacturer who manufactures this type of product is Federal Signal (the manufacturer of the sirens being replaced in the City) as well as the fact that they would not b compatible with the City's control equipment. 7. Phase I installation is behind schedule - the FCC process took an additional 90 days so that Dublin could retain the old VHF frequencie when the City converted to the 800 system; the aftermath of Hurricane llugo made it difficult to obtain utility poles, extending the process by about two months; the weather got balmy in February and staff did not want to send heavy equipment into the parks to "tear up the turf". 8. The sirens will be up and operating before tornado season. 9. The purpose of the emergency legislation is to be able to get the equipment on order in time. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting p4i'~ON LEGAL BL4NK CO.. FORM NO. 10148 Held February 12, 1990 19 Page Two Mr. Amorose moved to waive the three time reading rule and treat as an emergency. ir... Mr. Sutphen seconded the motion. Vote on the motion - Mr. Sutphen, yes; Mrs. King, yes; Mr. Campbell, yes; Maurer, yes; Mr. Amorose, yes; Mr. Strip, yes; Mayor Rozanski, yes. Vote on the Ordinance - Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Campbell, yes. Resolution No. 06-90 - Resolution Establishing a Time Period for the Post Road Community Reinvestment Area. Second Reading. Mr. Smith reported that White Consolidated was agreement with the five year, 50% abatement. The abatement was done originally at 100% for two and one half years. Responding to a question from Mayor Rozanski, Mr. Smith said that White Consolidated has not been paying taxes because one pays a year behind; the first assessment was done in July of 1989 when they re-bid the propert values rather on just land;it will take effect in July of 1990 for five years continuously. There will be a third reading of the Resolution on February 19, 1990. Resolution No. 09-90 - Resolution to Proceed with Submission to Electors: Question of Issuing Bonds for Purpose of Paying Costs of Improving the Vehicular Transportation System. First Reading. Mr. Amorose introduced the Resolution. Mr. Campbell had a question regarding the wording of the resolutions, which states "levying a tax to pay the debt". He said that citizens who will study the ballot language will express a concern, noting that they have been told that Council does not intend to raise taxes, only to raise the level of indebtedness. Mr. Stype, bond counsel, reported that the language is a requirement of the Ohio Revised Code and is referred to as a "standby tax" in the case law. He said that if a City utilizes its income tax to pay the principal and interest on bonds, then the standby tax is never levied. Mr. Stype also said that the Ohio Constitution has a requirement that when entering into bond indebtedness that the City has the power to levy a tax, and that case law is very clear in that the language is to be read as permission and not a mandate. Mr. Campbell wondered if any difficulty has been experienced in the past with the language of the ballot and the voters reaction to same. Mr. Stype commented that effective communication with the voter is necessary; that the City of Columbus who has faced the same language repeatedly in elections has had their bond issues approved. e.~• Mr. Campbell also wondered if the words "no tax" could be placed on the ballot as part of the ballot language. Mr. Stype said that the ballot form is prescribed by law, but that if Council wishes to express that intention as a body that Council could pass a "sense of Council" resolution or motion, separate from these resolutions. Council agreed that it will be very important to inform and educate the voting public as regards the bond issues. It was agreed that the Clerk, clerically, will remove the dollar sign in the second "Whereas" section and Section 1. of each resolution, eliminating the dollar sign prior to the following language - "cents for each $100 of valuation". RECORD OF PROCEEDINGS IVIinUtes of Dublin City Council Meeting Meeting D4r70N LEGAL BLANK CO. FORM NO. 10148 Held February 12, 1990 19 Page Three Ms. Maurer moved to waive the three time reading rule and treat as an emergency. r1r. Strip seconded the motion. Vote on the motion - Mr. Sutphen, yes; Mrs. King, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mr. Strip, yes. Vote on the Resolution - Mr. Strip, yes; Mr. Sutphen, yes; Ms. Maurer, yes; Mr. Amorose, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Campbell, yes. Resolution No. 10-90 - Resolution to Proceed with Submission to Electors the Question of Issuing Bonds for Purpose of Paying Costs of Acquiring Real Estate and Interests Therein for Parks and Recreational Purposes. First Reading. Mr. Sutphen introduced the Resolution. Mrs. King mentioned for the benefit of the audience that the purpose of the request is to acquire additional land for active and passive parks throughout the City and that the third Resolution (11-90) deals with the police facility and additional park land for the municipal complex. I I 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. Campbell, yes; Mrs. King, yes; Mayor Rozanski, ye ; ms. Maurer, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Strip, yes. Vote on Resolution - Mr. Amorose, yes; Mr. CAmpbell, yes; Mr. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Ms. Maurer, yes; Mrs. King, yes. Resolution No. 11-90 - Resolution to Proceed with Submission to Electors the Question of Issuing Bonds for Purpose of Paying Costs of Providing Additional Facilities at Coffman Park Municipal Complex. First Reading. Ms. Maurer introduced the Resolution. 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 Resolution - Mayor Rozanski, yes; Mr. Sutphen, yes; Ms. Maurer, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Strip, yes. Comments from Staff Mr. Willis ~ 1. Announced that the Blazer Memorial Parkway improvement bids had been advertised on this date, and that the bid opening would be in two weeks. He said that because of the need for quick action, that the staff would request emergency legislation. Mr. Willis said that the improvements' bid includes the extension of the waterline. He reported that staff is looking for a 30 day completion of the waterline after the contractor has been given the Notice to Proceed. Mr. Willis also said that a ~50D/day penalty has been attac',ed r_o tLe contract for failure to complete the waterline in that 30 day period, and also a $500/day bonus has been included for each day that the line is completed prior to that 30 day period. Mr. Strip said that he understood the penalty clause, but questioned the bonus, noting that the commitment was for a completion of not until June 1 1990. RECORD OF PROCEEDINGS I~Z1riUte5 Of Dublin City Council Meeting Meeting D4 Y1GN LF_GAL BLANK CO., FORM NO. 10148 Hel February 12, 1990 19 Page Four Mr. Willis said .hat she 30 day period includes a one week period for chlorination and testing by the City of Columbus. Mr. Sutphen said that hP di~1 nor obiect; that he felt that thare perhaps would be a one or two day delay or early completion, but that he did not feel that it would be more than that. Mr. Willis said that th? total contract has a liquidated damages section as well. He also, responding to a question from Mayot° Rozanski, said that included in the contract was sever calendar days for the waterline testing to occur. Tf through no fault of the contractor, that does not occur that he (the contractor) will nor be penalized. It was noted that the 30 days is 30 calendar days, not working days. Mr. Strip was concerned about this being a responsible way to spend public funds, particularly for a government entity. It was determined that weather could be an issue, but not as much on this type of a job as it could be on others. Mr. Willis said that a "ballpark" figure on the engineer's estimate for the waterline segment of the project was around $50,000. Mayor Rozanski said that he personally would probably not agree to this type of contract again (one with a bonus clause for early completion). Mrs. King wondered if staff was reacting to the problems which occurred on ~ another waterline project where the work still is not complete, and noted t at it has been months after everyone thought that the project would be completed. Yrw Mr. Willis said that he did not feel that it was a reaction to a bad experience with another contractor. Mr. Mack said that there has been literature in the trade magazines regarding the penalty/bonus and that reports have been favorable; that what it intends to do is to get the project done on time, the contractor trying to avoid the big penalty; that the big penalty avoidance is as much an incentive as the early payoff. Mr. Smith reported on the annexation hearing on February 10th, the 560 acres to be annexed from Washington Township to Dublin, held before the Franklin County Commissioners. He complimented staff on their preparedness and presentations and said that everything had gone very well. Mayor Rozanski expressed his appreciation to staff, noting that there were 10 annexation hearings that day - the first nine hearings took 22 minutes and the last (Dublin/Washington Township) took one hour and 20 minutes. Council Roundtable Discussion Mr. Campbell 1. Also complimented staff with regard to the annexation hearing. ~rw 2. Said he was pleased at the appearance of the Council chambers. He did note that several citizens had indicated to him that it was difficult to see the screen, charts, etc. from the back of the room. Mr. Hansley said that the screen will be moved to a different location fairly high, so that hopefully all of Council and the audience can see the projects on said screen. Mr. Campbell also suggested a light for the podium might be helpful. RECORD OF PROCEEDINGS IVlinutes Of Dublin City Council Meeting Meeting O4'.-ION LEGAL BLANK CO.. FORM NO. 1014 Held February 12, 1990 19 Page Five ~w Mrs. King 1. Said that she continues to receive comments about the need for re- instituting the turn signal at Bridge and High Streets; the one that is covered with the burlap bag. She wondered if Council felt that it would be appropriate to prepare an educational effort to make motorists more aware of the option of using the Tuttle Road interchange off of I-270; those who would be waiting westbound in the evening and eastbound in the morning at 33/161, thus increasing the use of the Tuttle Road interchange and decreasing the use of 161, thereby making it more feasible to "unmask" the turn signal at 161/33 and reinstitute its use. Mrs. King noted that part of the reason, perhaps, that people are not using the Tuttle Road interchange is because there is no light there and it is dangerous. She also noted the difficulty of getting out from Tuttle Road onto Frantz Road also. Mr. Amorose said that he thought that a considerable amount of the traffic that is westbound across the 161 bridge is making a north turn on Dublin Road, that a lot of that traffic is generated between Arlington and the Sawmill Road area going toward the Muirfield area, thus there not being an opportunity in their trips to use 270 and the Tuttle Road Crossing interchange. Mr. Amorose also recalled that he had proposed a right hand turn lane in front of the pizza shop to get the northbound traffic through the intersection more quickly. rn.. Mayor Rozanski said that as a person who uses the Tuttle Crossing interchange many times a day, that he has noticed more and more traffic on it everyday, as well as noticing that the people using the interchange are, for the most part, turning into the office complex on Frantz Road and into Waterford Village and Llewellyn Farms. Mr. Campbell commented that not only Dublin has such traffic situatio , that all of Central Ohio is growing, and that at various times of the day similar situations are encountered in Columbus, Worthington, etc. Mr. Hansley said that the opening of the interchange did not really get a lot of press attention; that a lot of people still are not aware that the interchange is open or where it really goes; that a number of people are not familiar with Dublin's road system. He also mentioned the intersection at Tuttle Road and Frantz Road and noted that one of the problems is that the intersection is not either in the City of Dublin or the City of Columbus, but that it is still in the county; that no one is assuming the responsibility for the possible installation of a traffic light. He also noted that the State of Ohio requires a certain amount of traffic movement before a light can be installed. Mr. Bowman said that Columbus will put in a light when Dublin ~ detaches some property, and said that Columbus has agreed to install signals at the ramp, one at Blazer and one at Tuttle. He also noted that as an interim measure they are investigating the possibility of putting in a four-way stop at the intersection which would allow turn movements from Tuttle Road to Blazer. Ms. Maurer recalled concerns expressed by residents when the four-way stop sign was removed at Frantz Road and Rings Road. Mr. Willis noted that four-way stops can be used in situations such a this where it is recognized that a traffic signal will eventually be required. RECORD OF PROCEEDINGS iv7inut°S Of Dublin City Council Meeting Meeting [?A; i;N LEGAL BLANK CO.. FORM NO. 101 Held February 12, 1990 19 Page Six 3. Expressed appreciation to staff for the hard work on the annexation petition and that it was a situation where everybody won - the r.r. residents were brought into Dublin to meet their objective, the City of Dublin received a very beneficial addition of proprty, the City of Columbus received their corridor to the west and the school district retained its tax base. Mr. Hansley reported that the Franklin County Commissioners will officially notify Dublin's Council Clerk that the action was taken and that Dublin is required to hold the petition for 60 days. At the next Council meeting following the 60 days, the item will appear on the Dublin City Council agenda for action, said ordinance which can be passed on the first, second or third reading with or without emergency language. Mr. Sutphen 1. Reported that the maintenance facility will probably be ready for occupancy by the first of April. Mr. Amorose 1. Said that he has visited the new maintenance facility site and found it to be quite impressive, and that it should serve the City well for many years. 2. Some of the tree removal or tree trimming along the guardrails and some stone walls needs attention. Y.rr Ms . Maurer I 1. Reported that Mr. Harding said that the evaluation form for the Clerk of Council will be in the Council packets on Thursday. 2. Referred to a memorandum with regard to having consultants from MORPC work on applying the original Suburban Mobility Initiative study to Dublin, perhaps authorizing the Manager to go forward with a MORPC consultant, or perhaps looking at other options. Mayor Rozanski said that he would like a little more time to study it 3. Regarding calbe TV, noting that Dublin has a year in which to collect information, and suggested that Council authorize the Manager to hire a consultant to start collecting the information. Mayor Rozanski said that he agreed with hiring a consultant (rather then employing a full-time person) to give the Council and staff input on how to "build a paper trail, etc.". Several Council members suggested waiting to see how some of the othe suburbs renegotiated their contracts, perhaps getting some expertise from said other suburbs. Ms. Maurer said that she felt that Dublin should take advantage of the year before time for renegotiations. ~ It was agreed, for the most part, as regards the hiring of a consultant that more specific information should be made available as to how specifically the job would be done, the cost involved, e t c . Mr. Hansley noted that $21,000 had been allocated in the budget for this purpose. He also reported that Warner Cable had made a decision at the corporate level to update the Dublin system, changing the City over to a fiber optic system, beginning yet this construction season. It was noted that Dublin residents are paying the highest rate for service of anyone in the area. RECORD OF PROCEEDINGS 1~Iinutes of Dublin City Council Meeting Meeting D4+~ON LEGAL BIA NK CO.. FORM NO. 1014 Held February 12, 1990 19 Page Seven Mr. Hansley reported that the City's contract with Warner requires that Warner service every public school, parochial school, the r.. library and the City facilities with free connections and free monthl rates. He did report that these services must be petitioned for. Ms. Maurer 1. Dana MacDaniel will be defending his thesis on the topic of the merger on Friday, February 16, 1990 at 4:00 P.M. in the Council Chambers. Mr. Hansley 1. Mentioned the request by Dublin to the City of Columbus to go through MORPC's mediation rpocess regarding the storm water drainage from Sawmill Road east through portions of the City of Dublin (Billingsley Road Ditch area). He said that Columbus had declined to go through the process, noting that they had litigation between themselves and Minerva Park several years ago, and that Columbus won that case and that they do not wish ~ to go through a process that might change the outcome of that past i litigation. Mr. Strip wondered if Columbus Council turned down the request or whether it was the City of Columbus administration and/or staff. He suggested writing a letter to the President of Columbus City Council to make certain that they are aware of Dublin's request. Mayor Rozanski 1. Commented regarding the amount of traffic speeding through the school zone on 161 in the morning, noting that there is no regard for the 20 mph speed limit and asked if an officer with radar could be placed in the vicinity. Chief Ferrell said that it would be done. Mr. Sutphen moved to adjourn to executive Session to discuss contract negotiations. Mr. Strip 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. Mayor Rozanski said that Council would not be reconvening to take any action after the Executive Session. The meeting was adjourned. ~ ~ ~ i` ~ Vii"" ~ ' ~ , J-y=--~^~ ,M~~or - Pres dingy., fficer C erk of Cou cil