HomeMy WebLinkAbout03/04/2002
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK CO., FORM NO. 1014C1
ReIn March 4, 2002 19
Mayor McCash called the Dublin City Council meeting of March 4,2002 to order at 7:00
p.m.
Mr. Lecklider led the Pledge of Allegiance.
...-.. Roll Call
I
Council members present were: Mayor McCash, Vice Mayor Boring, Ms. Chinnici-
-~ Zuercher, Mr. Kranstuber, Mr. Lecklider, Mr. Reiner, and Ms. Salay.
Staff members present were: Mr. Ciarochi, Mr. Smith, Mr. McDaniel, Mr. Harding, Mr.
Kindra, Mr. Gunderman, Ms. Puskarcik, Mr. Stevens, Lt. Epperson, Ms. Heal, Mr. Hahn,
Mr. Husenitza, Ms. Hoyle, and Ms. Crandall.
Approval of Minutes
Ms. Chinnici-Zuercher moved approval of the February 19,2002 Council meeting minutes
as submitted.
Ms. Salay seconded the motion.
Vote on the motion - Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes;
Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes.
Correspondence
The Clerk reported that several notices to legislative authority regarding liquor permits
were sent to Council:
1. Tartan Golf Company, new D3 permit;
2. Tartan Golf Company, new D51 permit;
3. Mark Pi's Express, 6546 Riverside Drive, new D 1 permit.
~ In addition, permission is requested by staff to serve alcohol at the Dublin Irish Festival
2002 in Coffinan Park.
There was no objection to the first three items forwarded from the Ohio Division of Liquor
"
Control.
Ms. Puskarcik noted that staff provided a memo regarding the training and policies in place
for alcohol servers at the Dublin Irish Festival. This practice also provides a fundraising
opportunity for local organizations.
Ms. Chinnici-Zuercher moved approval of the sale of alcohol at the Dublin Irish Festival
2002 in Coffman Park.
Mr. Reiner seconded the motion.
Vote on the motion - Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay,
yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mayor McCash, yes.
Citizen Comments
Wallace Maurer. 7451 Dublin Road noted that his comments tonight are directed toward
the City Manager search process which has been the subject of recent articles in local
newspapers. He notes that the Charter contains only a brief statement regarding the
process, that "Council shall appoint a City Manager." There are no procedures set per the
Charter, and there has been only one City Manager since the Charter was adopted. As the
City Manager search is classified as a personnel matter, is he correct in assuming that all
deliberations will be done in closed session? He asked for clarification.
- Mayor McCash agreed that this is a personnel issue and asked Mr. Smith to respond.
Mr. Smith commented that a search consultant has been retained by Council for this
i process, and two public meetings have been held with consultants. He is not certain about
particulars of the process Council has determined they will use when a short list of
candidates is agreed upon.
Mr. Maurer stated that he was not aware that public sessions had already taken place on
this matter. He assumes that future meetings will be advertised to the public as well.
Mayor McCash stated that the meetings involved procedural issues which were discussed
with the consultant.
Mr. Maurer commented, with due respect to the Mayor and the office he holds, that he was
in total disagreement with the Mayor's comments about California, as quoted in the local
media. The principal of deciding where a candidate should come from in a country of 260
million people is self-defeating.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK CO., FORM NO 1014~
ReIn March 4, 2002 19
Mayor McCash responded that the intent of his comments was that some of the laws from
California are bizarre; it was not meant to refer to potential candidates.
Ms. Chinnici-Zuercher added that COuncil did determine in their discussions that a public
- reception would be held at the time the final candidates are selected so that the public can
meet them and provide feedback. The citizens should be apprised that this would take
place.
Staff Comments
Mr. Ciarochi stated that:
1. Another tap fee question was brought by a resident to staff today. As Council has
referred to the Public Services Committee the policy clarification of sewer and
water tap fees as provided by Resolution 59-01, should these types of questions be
deferred until that policy is determined? Or should the requests be brought directly
to Council?
Mr. Kranstuber asked for clarification of the particular issue referred to Committee.
Mr. Ciarochi responded that Resolution 59-01 provided a fee reduction back to 1992 rates
for specific areas where sewer and/or water lines were recently extended by the City. The
Committee was assigned the task of clarification of the intent of the Resolution in view of
the requests anticipated from other parts of the City.
Mr. Ciarochi stated that the current request is for a fee reduction for a sewer tap for the
property at 7304 Riverside Drive. The owner has had access to the sewer line since
approximately 1996, but has only now requested tap-in and is asking for the reduced rate.
Mrs. Boring responded that the purpose of providing the fee reduction was for specific
areas where the lines were not accessible previously and they could therefore not tap in.
Mr. Ciarochi stated that staff can respond to the property owner in this manner. The
- property owner could then attend the Committee meeting ifhe wants further clarification of
I
this policy.
Mrs. Boring then moved to deny the request for a fee reduction for sewer tap for the
property located at 7304 Riverside Drive.
Mr. Kranstuber seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs.
Boring, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mr. Reiner, yes.
Mayor McCash added that this action is consistent with the intent of Resolution 59-01.
Mr. Kranstuber noted that he does have some reservations about the process of denying this
request without any staff presentation about the specific facts of the case. Perhaps if this
were denied at the administrative level, the property owner could still appeal this to
Council. The outcome may be the same, but there would be an opportunity for testimony.
Mr. Ciarochi stated that what he is seeking from Council is concurrence with staffs
interpretation that if a property owner had previous access to the sewer and chose not to tap
in, and they now want to tap in at the reduced rate offered to specific areas where the
capital projects were recently completed, that staff would not give them the reduced rate.
Mr. Kranstuber asked that when this is communicated to the property owner, that staff
explain the specific criteria on which Resolution 59-01 was based.
Mr. Ciarochi stated that they will also be made aware of the Public Services Committee
meeting.
"..- Ms. Chinnici-Zuercher stated that this is a policy issue - the intent was to grant a lower fee
to those who did not have a line available for tap-in until the City completed the capital
projects for the specific areas. On that narrow basis, a policy has been established so that
these requests do not continue to come before Council ~ they are addressed at the staff
level. The citizens should be made aware of the existence of and the intent of the adopted
policy.
Mr. Ciarochi stated that staffs interpretation then would be as follows: if the property
owner had the opportunity to connect previously and chose not to, and now desires
connection, but the property is not one of the specific areas served in the recently
completed capital project, then they would not be eligible for the rollback to the 1992 rates.
If they would like further consideration, they would have the option of writing a letter to
Council to request this.
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DAYTON LEGAL BLANK co., FORM NO 1014B
ReIn March 4, 2002 19
Mrs. Boring agreed that there could be a number of these requests coming forward - the
policy was well stated in Resolution 59-01, and she is not interested in revisiting this issue.
If they were not tied into the recent capital project and had the line available at a prior date
,......, and chose not to tap in, they are not eligible for a rate reduction at this time.
Mr. Kranstuber simply asked that staff take extra care to explain the logic for the policy in
place. Ifthere is some extraordinary circumstance in this case, it could certainly be
reconsidered.
Mayor McCash asked if future requests where staff needs clarification should be brought to
Councilor to the Public Services Committee.
Mrs. Boring summarized that staff should provide a notice in the packet of their decision
on individual requests; if Council has a concern, it can be brought up by a member at a
Council meeting.
2. Dublin City Schools is also requesting a fee waiver for room rentals at the DCRC.
They would like to use the rooms for an inservice for parents.
Mayor McCash asked why these couldn't be held at the school, as they are scheduled in the
evenmg.
Mrs. Boring noted that perhaps the school system charges groups for use of the rooms.
Mr. McDaniel stated that staff did not ask why they are requesting a City facility; the
Schools will use the facility if a fee waiver is granted. Their dates are flexible.
Ms. Chinnici-Zuercher stated that this is the second fee waiver request this month from the
Schools, and this is the second fee waiver request received this year from Dublin Schools.
Previous to 2002, the schools were given the reduced rate for rental of rooms, with the
exception of the after-prom parties where fees were waived for reasons of public safety. If
the intent is to change the policy, perhaps that should be considered. It is important to be
,....-- consistent, whatever the decision of Council should be in this regard.
I
Mrs. Boring agreed, noting that this issue was discussed at length in the cost study update.
Mrs. Boring moved to deny the requested waiver of fees by the Dublin Schools.
Ms. Chinnici-Zuercher seconded the motion.
V ote on the motion - Ms. Salay, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mrs. Boring,
yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes.
3. Mr. Ciarochi noted that LaScala Restaurant on SR 161 is requesting waiver of fees,
as outlined in the memo in the packet. Specifically, they are requesting the
following:
(a) Waiver of conditional use application fee of $2,410 related to an outdoor patio
seating improvement. Staff does not recommend a waiver ofthis fee.
(b) Waiver of parking variance application fee of $1 ,850. Staff believes there are
unique circumstances involved, i.e., the widening ofSR161 which effectively
eliminated three rows of their existing parking. The property owner has worked
in cooperation with the City on this project, and staff believes that waiving the
fee for this variance is appropriate.
(c) Waiver of the requirement to replace a non-conforming sign at a cost of $7-
8,000. During the reconstruction of SR 161, the City reimbursed the owners for
the relocation of the existing LaScala sign and the lowering of such sign to
comply with sign height requirements. However, the non-conforming sign of
,- 73 square feet was not reduced to 50 square feet to comply with signage
, requirements. Staff is recommending that the applicant make the best case
t regarding this issue with the Planning & Zoning Commission as part of the
conditional use request. The past practice is to require compliance with current
regulations when an improvement is done to a site.
Mayor McCash noted that the non-conforming sign had to be relocated due to the right-of-
way construction, which was no fault of the applicant. It was non-conforming then and it
is non-conforming now. It is not reasonable for staff to now ask them to bring this sign
into compliance. There was a similar situation several years ago in Old Dublin with the
veterinary clinic sign, and it was permitted to remain. On what legal grounds can the City
require compliance with current regulations for this non-conforming sign? Further, he
doesn't believe the sign can even be considered within the conditional use application for
the outdoor seating.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK CO.. FORM NO. 10148
ReIn March 4, 2002 19
Mr. Ciarochi responded that he was advised by Planning staffthat the Code section cited
indicates the intent to bring items into compliance upon any development reviews. The
staff is merely requesting that they bring this sign into compliance, not requiring them to
do so.
,--.
Mrs. Boring stated that the applicant indicates in their letter that they were advised two
years ago that they could keep the non-conforming sign, as it would be "grandfathered"
because it was erected 30 years ago. In reviewing the contract, it states that existing signs
may be relocated. The City should have addressed this issue two years ago ifthat was the
desire.
Mr. Kranstuber agreed with Mrs. Boring, with the caveat that this should not be
interpreted as deviation from current policy. Council generally advocates strict adherence
to the sign Code and encourages staff to use any means to bring items into compliance,
including non-conforming uses. He does agree that in this particular application, it could
be determined to be unfair treatment.
Mr. Lecklider stated that a similar issue was addressed with Immke's at Planning &
Zoning Commission.
Ms. Salay stated that she recalls that Immke Honda and Acura were both reviewed by
P&Z regarding changes being made in their buildings. In the case of the Acura dealer, the
sign was damaged by construction equipment, and they decided to bring the new sign into
compliance.
Mayor McCash stated that the Honda dealership is relocating to Sawmill Road, so it
would be a non-issue for them.
...-..
Mr. Lecklider stated if a commitment was made to allow the non-confirming sign to
continue to exist, then that should be carried through by the City. However, a case could
be made that the road-widening proj ect has actually enhanced their location in terms of
accessibility and their business in terms of being more appealing. He would encourage
them to bring the sign into compliance.
Mr. Smith stated that he recalls that LaScala purchased a new sign after permission was
obtained to relocate the existing sign. Staff approved the location where the new sign was
to be erected.
Mayor McCash stated that under Dublin's Code, they would be allowed to change the sign
face without additional approval.
Mr. Smith agreed.
Ms. Chinnici-Zuercher stated that the discussion about bringing the sign into compliance
should have taken place at that time.
Mr. Smith summarized that staff is seeking direction of whether the sign should be an
issue raised with the applicant.
Mayor McCash moved to grant the fee waiver for the parking variance; deny the fee
waiver for the conditional use application; and allow the applicant to keep the sign as it
currently exists.
Ms. Chinnici-Zuercher seconded the motion.
-. Vote on the motion - Mr. Reiner, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms.
Chinnici-Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes.
4. Mr. Ciarochi reported that staff is continuing to work on the Dublin Golf Centre
storm drainage issue, and a report should be forwarded by the next Council
meeting.
5. Staff is continuing to work on the Perimeter curb cut issue with the property owner
and developer. A meeting is scheduled on Friday, and staff is hopeful of bringing a
proposal for a joint resolution to Council at the next meeting.
Mr. Smith reported that a memo has been forwarded to Council regarding applicability of
the Dublin noise ordinance in adjoining jurisdictions where Dublin residents are being
impacted by such noise. This memo was requested by Council.
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DAYTON LEGAL BLANK CO., FORM NO. 1014l:S
ReIn March 4, 2002 19
Mrs. Boring moved to refer this to the Community Services Advisory Commission for
study.
Mr. Kranstuber seconded the motion.
,...--., Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes;
Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes.
Mr. Kindra reported that stafflearned last week that ODOT is conducting a staff meeting
on March 11 in Worthington regarding a noise wall along 1-270. He will provide input to
ODOT regarding any comments from Council on this matter. Staff does not have details
about the proposal at this time.
Mr. Kranstuber stated that Dublin planned the community in such a way that a noise wall is
not needed along 1-270.
Mayor McCash noted that the noise walls are targeted to protect residential properties
located along 1-270. For an area such as Willow Grove, Council would likely endorse
more landscaping versus a noise wall.
Mr. Kindra noted that the meeting is scheduled at 1 :30 p.m. on March 11 and staff will
report back to Council on any specific proposals by ODOT.
Mr. Harding reported that the final draft profile for the City Manager recruitment was
provided to Council tonight. Ms. Puskarcik notes that the last 5-6 pages were inadvertently
left out, and she will place those in Council's mailboxes tomorrow. Mr. Harding asked that
Council advise him of any changes in the document by Friday; ifhe does not hear any
feedback by that time, he will forward the approved document to the consultant.
Mayor McCash agreed with this course of action which will keep the process moving
forward.
-
Ms. Puskarcik reported:
1. The retirement reception for Chief Geis is scheduled for the evening of Monday,
March 11 at the Pavilion.
2. The St. Patrick's Day celebration is scheduled for Saturday, March 16 and she has
distributed a memo requesting information for the parade to be returned no later
than Wednesday.
3. Steve and Shelly Smith are co-chairing the Emerald Club at the Dublin Irish
Festival this year.
4. Staffreceived a call on Friday from Washington Township Fire Department that the
former Halloran house at 6124 Post Road will be used as a training burn site next
Sunday. Door hangers will be delivered to the adjacent neighborhoods. The fire
training session begins at 8:30 a.m. on Sunday, March 10.
LEGISLATION
SECOND READING/PUBLIC HEARING - ORDINANCES
Ordinance 20-02 - An Ordinance to Change the Name of Tuttle Road to Tuttle
Crossing Boulevard Between Hirth Road and Wilcox Road in the City of Dublin,
Ohio.
Mr. Ciarochi stated that there is no additional information. In response to a question raised
at the last meeting regarding why this portion is being changed and not the remainder, he
- learned that portions ofthe right-of-way for Tuttle Crossing are located within Columbus.
This particular section is being proposed for change of name due to confusion occurring
within the Police division for emergency response.
V ote on the Ordinance - Mrs. Boring, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms.
Salay, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
INTRODUCTION & FIRST READING - ORDINANCES
Ordinance 21-02 - An Ordinance Accepting the Annexation of 99+/- Acres
from Jerome Township, Union County to the City of Dublin.
Ms. Salay introduced the ordinance.
Mr. Ciarochi stated that this annexation area is located generally east of Hyland
Croy Road and extends to McKitrick Road, touching Jerome. It has been reviewed
by the Union County Commissioners who recommended approval.. Staff is
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I DAYTON LEGAL BLANK CO., !'-ORM NO. l'O14~
ReIn March 4, 2002 19
I recommending this be held over for second reading/public hearing at the next
meeting.
Mayor McCash asked where this is located in relation to the Metro Park.
r- Mr. Ciarochi responded that it is adjacent to the eastern side of the Metro Park area,
but it is not part oftheir targeted acquisition area.
There will be a second reading/public hearing at the March 18 Council meeting.
Ordinance 22-02 - An Ordinance Accepting the Lowest/Best Bid for the
Amberleigh Boardwalk River Access Project.
Ms. Salay introduced the ordinance.
Mr. Hahn stated that this project was brought to Council's attention last fall. The
bids were better than anticipated, and staff is recommending acceptance of the bid.
At the next meeting, staff will be requesting adoption by emergency action.
There will be a second reading/public hearing at the March 18 Council meeting.
Ordinance 23-02 - An Ordinance Amending the Annual Appropriations for
the Fiscal Year Ending December 31,2002.
Ms. Chinnici-Zuercher introduced the ordinance.
Mr. Ciarochi stated that this appropriation accommodates the $35,000 sponsorship
for the LPGA Wendy's Championship. It also includes $292,800 for the design of
Phase I of the Historic Dublin Stormwater Improvements. Per Council's direction,
it is being programmed as a two-phase, three-year implementation process.
Mrs. Boring noted that there were concerns previously expressed about the benefit
package provided for the $35,000 sponsorship. Have those been addressed per the
memo provided?
- Following brief discussion, it was the consensus of Council that the specific items
requested by Council have been included in the sponsorship package for the City.
Ms. Chinnici-Zuercher moved to dispense with the public hearing.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. Kranstuber, yes; Mr. Lecklider, yes; Mayor McCash, yes;
Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes.
Vote on the Ordinance - Ms. Salay, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Mr.
Lecklider, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes.
Ordinance 24-02 - An Ordinance Adopting and Enacting a Supplement to the
Code of Ordinances of the City of Dublin.
Mr. Kranstuber introduced the ordinance.
Mr. Smith stated this is a housekeeping measure related to updating the Code of
Ordinances, per the legislation approved by Council through the end of2001.
Mr. Kranstuber moved to dispense with the public hearing.
Mr. Reiner seconded the motion.
Vote on the motion - Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms.
Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes.
Vote on the Ordinance - Mr. Lecklider, yes; Mrs. Boring, yes; Mr. Kranstuber, yes;
Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes.
"...... Ordinance 25-02 - An Ordinance Approving a Tax Credit and Economic
Development Agreement with Spirea, LLC and Authorizing, Confirming and
Ratifying the Execution of the Agreement.
Mr. Kranstuber introduced the ordinance.
Mr. Stevens commented that a detailed memo has been provided in the packet, and
offered to respond to any questions.
There will be a public hearing/second reading at the March 18 Council meeting.
Ordinance 26-02 - An Ordinance Providing for a Change in Zoning for 2.238
Acres Located on the Southwest Corner of Sawmill and Martin Road, From
PUD, Planned Unit Development District, To: PCD, Planned Commerce
District (Case No. 01-132Z - Meijer Store Outlot)
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DAYTON LEGAL BLANK CO., !'-ORM NO 1014f::i
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Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning
Commission.
Ms. Salay seconded the motion.
- Vote on the motion - Mayor McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs.
Boring, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
[:
Ordinance 27-02 - An Ordinance Providing for a Change in Zoning for
Approximately 642.57 Acres on an Irregularly-Shaped Site that is Generally Bounded
by Shier-Rings Road on the North and Cosgray Road on the West, Being
Approximately 1,800 Feet West of Avery Road, From PLR, Planned Low Density
Residential District and PCD, Planned Commerce District, To: PLR, Planned Low
Density Residential District (Case No. 02-015Z - Dublin Golf Course Subarea U -
Maintenance Facility).
Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning
Commission.
Mr. Kranstuber seconded the motion.
Vote on the motion - Ms. Salay, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Mrs. Boring,
yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes.
Ordinance 28-02 - An Ordinance Providing for a Change in Zoning for
Approximately 0.753 Acres Located on the East Side of Perimeter Loop Road,
Approximately 1,000 Feet South of Perimeter Drive, From PCD, Planned
Commerce District, To: PCD, Planned Commerce District (Case No. 02-012Z -
Minor Text Revision - Perimeter Center, Subarea F - Bob Sumerel Tire Company
- 6600 Perimeter Loop Road).
- Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning
Commission.
Mr. Lecklider seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Reiner, yes;
Mrs. Boring, yes; Mayor McCash, yes;Mr. Kranstuber, yes; Ms. Salay, yes.
Ordinance 29-02 -'An Ordinance Providing for a Change in Zoning for
Approximately 1.765 Acres Located on the Southwest Corner of US 33 and Old Avery
Road, From GI, General Industrial District, To: PCD, Planned Commerce District
(Case No. 02-007Z - Hilliards Furniture - 6319 Old Avery Road).
Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning
Commission.
Ms. Salay seconded the motion.
Vote on the motion - Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mrs.
Boring, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes.
Ordinance 30-02 - An Ordinance Waiving the Bidding Requirements for the
Purchase of 911 Equipment, and Appropriating Funds Therefor.
Ms. Chinnici-Zuercher introduced the ordinance.
Mr. Ciarochi noted that Communications Supervisor Jay Sommerville will give a brief
presentation on this matter.
,....-- Mr. Sommerville noted that the current 911 PSAP equipment is 7-112 years old. The
PUCO will place a 10-digit area code overlay over the City of Dublin beginning October
31 of 2002. This request permits upgrade of the existing equipment to accomplish two
goals:
(1) To accept those 10-digit calls as described;
(2) To accept wireless 911 calls which are currently routed through the City of Columbus
and the Franklin County Sheriff's Office, resulting in a service delay for wireless
callers placing these calls within the City of Dublin.
Staff is requesting that the competitive bidding be waived. The PSAP equipment as
proposed will seamlessly integrate into the new 800-megahertz trunked radio system and
will run on the same network, resulting in a cost savings to the City.
There were no questions from Council.
There will be a second reading/public hearing at the March 18 Council meeting.
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DAYTON LEGAL BLANK co., FORM N01014~
ReIn March 4, 2002 19
Ordinance 31-02 - An Ordinance Authorizing the City Manager to Enter into a Cable
T.V. Franchise Agreement with Adelphia Communications.
Mr. Kranstuber introduced the ordinance.
-
Mr. McDaniel stated that a staff report has been provided for this ordinance. The City
previously had Paxton Cable T.V. Services in the southwest portion of Dublin which
operated under an agreement with Washington Township. In the course of negotiations
with Paxton Cable a couple of years ago, their business was sold to Adelphia. Staff
resumed the process with Adelphia and now brings forward the agreement as drafted. The
only difference in this agreement and other cable T.V. franchises is that the length is 7
years versus 10. The intent of this is to have all the cable T.V. franchise agreements within
the City expire at the same time so they can be negotiated at one time. He added that
Adelphia's intent is not to overbuild the entire City as other systems have done. They
could grow over time, but their current business plan does not show overbuilding the entire
City.
There will be a second reading/public hearing at the March 18 Council meeting.
Ordinance 32-02 - An Ordinance Accepting the Lowest/Best Bid for the Right-of-
Way Maintenance-North Project in the City of Dublin.
Mayor McCash introduced the ordinance.
Mr. McDaniel stated that this ordinance and the two that follow relate to right-of-way
maintenance which has been outsourced over the past couple of years. Staff is pleased with
the bids which were submitted, and will be requesting passage by emergency action at the
second reading.
There will be a second reading/public hearing at the March 18 Council meeting.
~
Ordinance 33-02 - An Ordinance Accepting the Lowest/Best Bid for the Right-of-
Way Maintenance-South Project in the City of Dublin.
Mr. Kranstuber introduced the ordinance.
There will be a second reading/public hearing at the March 18 Council meeting.
Ordinance 34-02 - An Ordinance Accepting the Lowest/Best Bid for Right-of-Way
Plant Installation Project in the City of Dublin.
Ms. Salay introduced the ordinance.
There will be a second reading/public hearing at the March 18 Council meeting.
Ordinance 35-02 - An Ordinance Authorizing the City Manager to Enter into a New
Contract with the Law Director.
Ms. Salay introduced the ordinance.
Mr. Ciarochi stated that a memo in the packet was provided by Interim Manager Marsha
Grigsby recommending a two-year contract with the Law Director, Mr. Smith.
Mr. Lecklider noted that he has not participated in previous decisions regarding the Law
Director's contract, but he understands that in the past, this matter has been referred to a
Council Committee for consideration prior to action by Council as a whole. He believes
this may be appropriate in consideration of the circumstances, i.e., that an Interim City
Manager is in place. It is not intended as any reflection upon the services provided by the
"..-., Law Director and his office, but with all due respect to staff, perhaps the permanent City
Manager would want to have some input in this matter.
Mr. Smith stated that this is the second two-year contract proposed. Over the years, this
matter has been handled in several ways - it has been referred to Finance Committee, to a
Council Committee of the Whole, or in some cases, after the November budget review of
the Law Department, it has not been referred to Committee.
Mr. Kranstuber moved to refer this to the Finance Committee. He added that it may not be
possible for the Committee to meet prior to the second reading on March 18.
Following discussion, it was determined that the Committee will meet on Monday, March
25 at 7 p.m. for the purpose ofthis review. All Council Members are invited to attend the
meeting, if they would like to do so, whether or not they serve on the committee.
Mrs. Boring seconded the motion.
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DAYTON LEGAL BLANK co.. FORM NO 10148
Heln March 4, 2002 19
Vote on the motion - Mr. Lecklider, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Mrs.
Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Ms. Salay, yes.
Mayor McCash noted that a memo was provided to Council in regard to reducing the
amount of appropriations for the right-of-way maintenance projects, due to the fact that the
bids were very favorable.
Mr. McDaniel stated that approximately $190,000 of appropriations will be returned to the
General Fund.
Mr. Hahn stated that Ms. Grigsby is preparing an ordinance to effect this for an upcoming
meeting.
INTRODUCTION & PUBLIC HEARING - RESOLUTIONS
Resolution 14-02 - A Resolution Authorizing the Regulation of Traffic on Muirfield
Drive and Other Roads in Muirfield Village and Waiving Certain Provisions of the
Dublin Sign Code During the Annual Memorial Tournament.
Mr. Kranstuber introduced the resolution.
Mr. Ciarochi stated that this legislation is done each year to facilitate traffic
planning for the Memorial Tournament.
Lt. Epperson stated that there are no changes in the plans from previous years.
Vote on the Resolution - Mrs. Boring, yes; Mayor McCash, yes; Ms. Chinnici-
Zuercher, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Reiner,
yes.
OTHER
Preliminary Plat - Bishop's Crossing
-, Mr. Gunderman stated that this development is located on Hyland-Croy Road, 700
feet south of Mitchell Dewitt. The packet contains the relevant information on this
plat of 51. 7 acres, with 113 single-family lots, and a total of 8.08 acres of dedicated
open space. Approximately six acres will be maintained by the Homeowners
Association, including the strip along Hyland-Croy. Mil Homes is the developer of
this subdivision.
There were no questions from Council.
Mr. Kranstuber moved approval of the preliminary plat of Bishop's Crossing.
Mrs. Boring seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner,
yes; Mrs. Boring, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes.
Proposed agenda for Community Pool Workshop
Mr. Hahn stated that staff provided to Council tonight the draft agenda for the workshop,
subject to approval by Council. The Council workshop is scheduled for Tuesday, March
12 at 7 p.m. in Council Chambers. For this meeting, newspaper announcements will be
made. The attachment to the agenda includes the proposal for public input meetings and a
large list of people targeted to receive notices, including residents, civic associations and
swim team participantslinterested parties.
Mr. Kranstuber asked ifthe March 12 meeting is set up as a Council meeting, or ifit is
designed for public testimony.
,........, Mr. Hahn stated that, originally, staff and the consultants had requested this meeting in
order to ensure an understanding from Council about the steps in the process.
Mr. Kranstuber stated that it is important that staff and the architects do have feedback
from Council early in the process, but it is equally important to have feedback from the
public as early as possible.
Mr. Hahn agreed, noting that the proposed time line accommodates this, as well as
opportunities to give Council updates on progress, including the design and the costs of
various design elements. There may be more demands from the design than funding can
provide. Similar to the Rec Center Phase I process, priorities will need to be established
for various design elements.
Mr. McDaniel stated that the original timeline was proposed in October - it provided for a
Council work session, followed by a public input session(s), then review by Council on
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I March 4, 2002
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May 1. Staffwants to ensure that communication with Council is maintained throughout
the design process.
It was the consensus of Council to adopt the proposed agenda for the workshop on March
- 12.
Discussion ofCouncillP&Z Meeting Regarding the Unified Develovment Code
Mayor McCash asked Mr. Ciarochi to provide an update.
Mr. Ciarochi stated that Council met in joint session with Planning & Zoning
Commission on January 31, following a series of review meetings regarding the
UDC by the Commission. The Mayor has provided to Council and staff a memo
outlining the results of the January 31 meeting. Staff has been attempting to take
the composite list of suggested changes, ideas, preferences expressed through the
process by Council and P&Z, and would suggestto Council that a second draft of
the UDC be assembled by staff. This would provide the opportunity to include
some of the preferences already indicated, i.e., maintaining PUD and PLR Districts
in the zoning code. A major task at the front end ofthis effort will be to work with a
steering committee established by Council to educate them on not only the existing
code, but on the intricacies of the changes being contemplated. Beyond this, staff is
amenable to working with a task force approach, splitting out the residential
appearance code, and then having the task force move into the commercial
architectural review and design guidelines. These can be separated from the UDC
itself, and the UDC can be dissected in order to have the residential districts done as
a priority, if that is Council's desire.
Mayor McCash stated that he is seeking feedback from Council at this point. The
- options seem to be discarding the UDC as currently proposed; adopting it
"wholesale" as is, without change or modification; or developing a hybrid version.
His memo was an attempt to summarize the meeting minutes, listing the goals
discussed and the possibilities for breaking the items down for review. He has not
heard feedback from other members of Council.
Mrs. Boring stated that there are several options available. The Law Department
has proposed an approach to the UDC review, as has the Planning Division. She
would propose that another option is that the priority for the UDC be lowered, but
that it not be abandoned altogether. Council has been very interested in an
appearance code, but perhaps the remainder could be placed in a lower priority.
Mayor McCash stated that the number one priority he heard was addressing the
residential design and subdivision requirements to improve those types of
developments - to avoid patterns of cut-through traffic and improper setbacks. If
this is the top priority goal ofthe UDC effort, are there others which are equally
important, i.e., short terms objectives such as those identified in the Law Director's
memo? The others would then fall to a lower priority.
Mrs. Boring asked what the billing estimates are for the plan proposed by the Law
Director.
,,--.. Mr. Smith responded that for the short-term objectives, he would estimate a 60-90
day project at a cost of between $5-7,000. He had committed to Ms. Grigsby that
ifhe were selected to oversee/facilitate the task force effort, that he would not
charge for his time. However, if there is legal work that results from the task force
review, that is a separate matter, the cost of which is difficult to estimate at this
time. The first step necessary, as outlined in his memo, is to conduct interviews of
each of the Council Members about their desires regarding the direction of the UDC
effort. It is important to ensure that there is general consensus about the major
items.
Mr. Kranstuber stated that it was clear at the joint meeting that P&Z and Council
believe that the commercial aspect is a second priority. In talking with
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DAYrON LEGAL BLANK co., FORM NO 10148
Heln March 4, 2002 19
Commissioner Eastep, he felt that the review of the residential portion was close to
being completed. He asked Ms. Salay and Mr. Lecklider for input.
- Ms. Salay stated that some progress was made, but her sense was that the
appearance/design element was not adequately addressed.
Mr. Kranstuber asked staff if they have adequate feedback from Council to work on
a document incorporating the items where there is consensus, or is more input from
Council necessary? If they have adequate feedback, Council could proceed to
establish the task force which would review the document after staff completes it in
a couple of months.
Mr. Ciarochi responded that he believes that the Planning staff essentially
developed the text contained in the July version, based on the draft from Ratio. The
preference expressed by Council and P&Z is'to retain a planned unit approach
where there is discretion for P&Z and Council.
Mr. Kranstuber stated that the other main issue relates to rezoning the entire City-
this was not something Councilor P &Z supported.
Mr. Ciarochi responded that staff would remove this component. The goal would
be to incorporate the changes suggested by Council and P&Z. Other modifications
have been suggested by the business community, and staff could bring back options
and recommendations on these proposals, i.e., densities, appropriate setbacks,
options to larger setbacks. Planning staff can also work directly with the task force,
if that is desired.
-
Mayor McCash stated that this process has already taken two years, so it is
important to move forward in some manner. He suggested having the Law
Department immediately proceed with the short-term objectives, as identified in
their memo, and to have the Planning Division work with the Law Department on
some of the long-term objective components, as there are some issues related to
PUD's that could be jointly addressed. At the same time, the task forces could be
established to provide input on the short-term objectives, but more importantly, on
the long-term objectives. The other task force for the appearance code could begin
to address the residential items, and they could work into the commercial items
after the residential is completed. This would break up the assignments
appropriately. The task force could address some items which could then be
adopted; the larger items would be ajoint effort among the Legal Department, the
Planning Division, and the task force.
Mr. Ciarochi stated that in reviewing Mr. Smith's memo, items A and B would
clearly fit into short-range objectives which they could move forward with
independently. But C, D and E relate to a second rewrite of the UDC. He believes
that some outside consulting assistance will be needed for the design review
guidelines, even the residential portion.
Mr. Ciarochi summarized that Legal Department could begin with A and B and a
~ joint effort can be undertaken between Planning and Legal for C, D and E for the
short-term objectives. In terms of the long-term objectives, the task force could be
established to review the second draft prepared by Planning.
Mayor McCash stated that if there are issues among the task force, Planning and
Legal that cannot be resolved without input from Council, those specific items
could be placed on a Council agenda under "Other."
Mr. Kranstuber commented that he believes that the commercial design guidelines
can be placed in a much lower priority, as it is impossible to tackle all of this at one
time. He would propose taking two months for staff to focus on the redraft for
submission to Council.
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DAYrON LEGAL BLANK CO.. FORM NO 10148
Heln March 4, 2002 19
Mr. Ciarochi proposed that staff prepare the second draft and have an overview
presentation for Council of 20-30 minutes focusing on the residential, but including
the key elements to be changed in other areas as welL
r--, Mr. Kranstuber stated that what Council asked for originally is not as complicated
,
,
1 as what has been produced - Council did not want to rezone the entire City or to
, eliminate planned districts. Council's desire was to clean up the Code, reorganize
it, update it - and the residential appearance code was also tacked on to this effort.
The project became overwhelming and huge, and became impossible for anyone to
review. If staff can step back and "think small" on this project, it can be
accomplished.
Mr. Ciarochi responded that staff can bring back the next draft by May. The
residential appearance code can be brought back to Council as currently drafted to
obtain further direction. He still believes there remains some difference of opinion
about what is to be included.
Discussion continued.
Mr. Lecklider asked if, in the short term, Council will move forward with the
appearance Code and the residential portion of the UDC. Is that the priority? He
believes that it is important for staff, Council, and P&Z to have a sense of
accomplishment in view of the work which has already take place.
Mr. Reiner agreed, noting that Council should approve an appearance code. The
",-.., review of the residential portion of the UDC is almost complete, so that portion
could be concluded as welL
Mayor McCash proposed that the Planning Division update the draft UDC to
incorporate the modifications suggested during the P&Z process. Copies of the
draft could then be circulated. The Law Director could proceed with A and B of
their memo, and they could begin to identify areas of the zoning code that can be
approved and streamlined as listed in Goal 2 of his memo of February 4.
Simultaneously, Council can establish two task forces - one for the residential
appearance code to review the present proposal and make recommendation to
CounciL The UDC task force could identify any outstanding items in Goal 3 and 7
of his February 4 memo and begin working on them.
Mr. Kranstuber stated that the task forces could be in place by May for this review.
Mayor McCash stated that he has already received some names of those interested,
and perhaps this could be discussed at the April 8 meeting.
Mayor McCash asked for input about his bullet point summary in the memo dated
February 4. Is it consistent with the discussion at the joint meeting? The Clerk has
subsequently provided minutes ofthe joint meeting, and his memo constitutes an
executive summary.
,-...., Mr. Kranstuber agreed that it was consistent.
Mayor McCash suggested that perhaps his summary could be adopted to outline
what is to be accomplished and how the task can be broken down by department
and task forces.
Ms. Chinnici-Zuercher asked when Council could expect to receive the second draft
of the UDC.
Mr. Ciarochi responded that he would estimate by early May.
Mr. Kranstuber asked if Council should contact the BIA or architects regarding the
task forces.
Mayor McCash stated that a letter would be sent out to those groups.
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DAYTON LEGAL BLANK co., FORM NO 10146
Heln March 4, 2002 19
Mayor McCash moved to adopt as stated goals and issues for implementation of the
Unified Development Code the goals outlined in his February 4 memo to Council;
--, that the Law Director immediately begIn to work on short-term objectives A and B
, as outlined in the Law Director's memo to Council dated February 19, 2002; and
, ;
; I that the Planning Division prepare a second draft of the Unified Development Code
(incorporating comments from Council and P&Z from their review to date) for
submission to Council by early May.
Mr. Kranstuber seconded the motion.
Vote on the motion - Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms.
Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes.
Mr. Smith stated that one short-term goal would be to bring forward an ordinance
regarding grandfathering of areas where they are not built out, but have
commitments for TIF's or other financial arrangements with the City. Two
examples would be Cardinal Health and Duke-weeks, but there are likely others.
Mayor McCash asked that staff keep Council updated on progress, possibly on a
monthly or bi-monthly basis through a Manager Memo. If further direction is
needed, Council can provide that.
Mr. Ciarochi stated that once the task force is in place and operating, monthly
progress reports can be provided to Council.
Council Round Table/Committee Reports
Ms. Salay reported:
--. 1. She recently attended the Historic Dublin Association meeting. They are very
excited about the stormwater proj ect and asked that she convey to staff that
HDA would be interested in meeting with CDM to facilitate the phasing of the
process.
2. A meeting is scheduled on Wednesday, March 13 at 7 p.m. with the Clover
Court residents to obtain their perspective on the issues regarding drainage. The
City staff and consultants will be present as well.
3. She attended the Business Leaders Breakfast on Friday morning and
congratulated Mr. Stevens and other staff for their success with this excellent
communication tool.
Mrs. Boring commented:
1. The St. Patrick's Day parade is scheduled on Saturday, March 16. She
encouraged everyone to participate in the events.
2. During the recent goal setting, consensus was obtained on the need for
specialized training for P&Z and BZA members.
Following brief discussion, Mr. Ciarochi stated that staff would review what was
done in the past and propose some facilitators and a structure.
Mayor McCash suggested that a good local resource might be Kenneth Pearlman,
an OSU professor and city planner.
Mrs. Boring noted that Rick Gerber also has information on potential facilitators.
I"""- She added that an overview of the Community Plan and the Mt. Auburn study
should be part of the training.
I Mr. Ciarochi stated that he would report back to Council at one of the next two
meetings on this matter.
Ms. Chinnici-Zuercher:
1. Suggested that the Finance Committee members meet on Monday, March 25 at
7 p.m. for the review ofthe Law Director's contract. The Committee agreed to
meet in the Council conference room on that date/time.
2. Wished Mr. Smith a "Happy Birthday," and congratulated him on the birth of
his new grandchild.
Mr. Kranstuber:
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DAYTON LEGAL BLANK CO.. FORM NO 10148
Helrl March 4, 2002 19
1. Reported that a letter has been drafted to invite residents living along the north
side of Coffinan Park to indicate their interest in serving on the Coffinan Park
Expansion Task Force. This will be sent out tomorrow. The ad hoc committee
~, will then make a recommendation for citizens to participate in the Task Force,
and Council can review the recommendation at an upcoming executive session.
The task force is to have two Council members, two Post Road residents, a
PRAC representative, two north of Coffman Park residents, and one community
at large representative.
2. Noted that goal setting was very productive, and the desire for a follow-up
session was indicated at that time.
Following discussion, the consensus of Council was to meet at 8 a.m. on Saturday
morning, April 27 for this purpose. Staffwill ensure that a facilitator is available.
Ms. Crandall indicated that Mr. Bertsch is available on that date.
A location will be determined - perhaps the Rec Center or the Dublin Arts Center,
if available.
3. Noted that a couple of years ago, Council reviewed some of the City's ethics
codes. Council subsequently approved campaign finance disclosure
requirements and contribution limits. This legislation was not prompted by any
existing abuse, but it was deemed to be appropriate. At goal setting, he
proposed consideration of rules regarding ex parte contact, but it was
determined that this could preclude contact from residents who should have the
right to contact their Council representative. Another option was to regulate ex
parte contact regarding a pending zoning matter. In research today, he found a
Washington state law called the "Fairness Doctrine" imposed on their cities,
addressing a variety of issues, including ex parte contact during the pendency of
~~ any proceeding with proponents or opponents unless it is disclosed on the
I
: record. This would not apply to all situations, but specifically to quasi-judicial
I decision-making processes. His request is that this be referred to Committee for
further study. The appropriate Committee would likely be Administrative. He
then distributed copies to Council of the law from Washington state. Again, he
emphasized that this is not directed at any existing problems, but rather would
set a standard in operations of Council at a very high level.
Mr. Kranstuber moved referral of this matter to the Administrative Committee. He
noted that the relevant portion of this law is on page 8 of the information
distributed.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion - Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr.
Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes.
Mayor McCash reported:
1. He received a letter from the Ohio Bicentennial Commission with a list of
scheduled activities taking place around the state. He asked if Council would
like to have the City participate as a community in some way. Is there an
interest in referring this to Community Relations for proposals?
Mrs. Boring stated that this was addressed previously by Council.
Ms. Chinnici-Zuercher noted that perhaps there is a citizen who has an interest in
,..... volunteering for this, but she doesn't see this as a priority for staff and for funding
at this time.
I Ms. Puskarcik stated that some of her staff members had attended the meetings until
Council made a decision not to have a large involvement in this observance.
Perhaps a tie-in could be done with the Dublin historical book which is currently in
production, as outlined in the packet. Staff can include this item in the plan, if that
is the desire of Council.
Mayor McCash stated that Council would concur with this course of action.
2. He received correspondence regarding nomination of Ohio candidate for the
Young American Medal For Bravery for 1998, 1999 and 2000 through the U.S.
Department of Justice. It is awarded to those residents "who have exhibited
exceptional courage, attended by extraordinary decision, presence of mind, and
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK CO., FORM NO. 10148
ReIn March 4, 2002 19
unusual swiftness of action, regardless of personal safety, in an effort to save
the life of a person in actual or imminent danger."
Ms. Chinnici-Zuercher suggested that this be forwarded to Police and Fire for their
r\ review of any possible candidates from Dublin.
3. Presented Mr. Smith with a golf cap, appropriately dubbed "Dublin Classic" in
honor of his birthday today.
Mayor McCash moved to adjourn to executive session for discussion oflegal, land
acquisition and personnel matters. At the conclusion of the executive session,
Council will reconvene for the purpose of formally adjourning the meeting. No
further action will be taken at that time.
Mr. Lecklider seconded the motion.
Vote on the motion - Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mrs.
Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Kranstuber, yes.
The meeting was adjourned to executive session at 9:25 p.m.
The meeting was reco at 10:25 p.m. and formally adjourned.
~C ~
~ Clerk of Council
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