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.
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