residents addressed City Council once again for speed calming devices
on Oakland Avenue.
Jasinski moved to take a vote to remove proposed legislation
Ordinance 2009-12 (chickens) from the table and have it on the next
subsequent Council meeting for consideration. A long discussion of
Roberts Rules followed. The council voted to keep the chickens on the
Aug. 3 schedule.
City of Grandview Heights
Monday, June 1, 2009
President Reynolds called to order the City of Grandview Heights Council meeting of Monday, June 1, 2009 at 7:00 p.m. The Pledge of Allegiance was recited.
Present: Council Members –S. Gladman, E. Hastie, S. Jagers, P. Koelker, A. Panzera, S. Von Jasinski, President S. Reynolds, Mayor DeGraw, Director of Administration/Economic Development Bowman, City Attorney Khouzam, and Director of Finance Dvoraczky.
Approval of Proceedings
May 4, 2009 Regular Meeting
May 18, 2009 Special Meeting
…President Reynolds stated that the address for Jeff Reynolds in the May 4, 2009 Minutes needs to be corrected to reflect 1411 West Second Avenue.
…Gladman moved and Koelker seconded to approve the May 4, 2009 minutes as amended and May 18, 2009 minutes as submitted. Vote: All ayes. THE MINUTES OF THE MAY 4 2009 COUNCIL MEETING WERE APPROVED AS AMENDED AND THE MAY 18, 2009 SPECIAL COUNCIL MEETING WERE APPROVED AS SUBMITTED.
…Hayley Head, Director of TriVillage Mentor League, stated that the TriVillage Mentor League is an independently funded partner of Big Brothers Big Sisters of Central Ohio and has been in the community for over ten years. She stated that they have had the unprecedented growth over the past several years because the City, businesses, and schools have been so supportive. The traditional relationship with Big Brothers Big Sisters of helping adults become mentors and helping families become connected is maintained. Head stated that they are in their seventh year of the school-based mentoring program which pairs teenagers with youngsters enrolled in after school childcare programs. Another program that the TriVillage Mentor League works with is the Tim Hortons Children’s Foundation which is a program where nearby storeowners can sponsor kids for camp. In the past six years seventy-four (74) kids from Upper Arlington, Grandview and Marble Cliff have attended camp. There is a scholarship fund which recently they were able to assist eleven (11) students to go on the Washington D.C. trip.
…Michael Hughes, 1263 Oakland Avenue, stated that he, along with his neighbors on Oakland Avenue, are addressing City Council once again for speed calming devices on their street. More specifically, they would like raised crosswalks. It is his understanding that Oakland is scheduled to be paved this year and now is the most economically time to do something.
…Tiffany Martin, 1247 Oakland Avenue, stated that she has a six-year-old son who goes across Oakland numerous times and has almost gotten hit. Vehicles turn off First Avenue and speed down the street with no regard to the school zone, pedestrians, etc. The traffic needs to be slowed down and speed bumps would be a deterrent.
…Gary Hofmaster, 1301 Oakland Avenue, stated that he was basically present to speak on behalf of his neighbor who has a two-year old. He is worried about him darting into the street. The past excuse of Council was if Oakland gets speed humps it could be a domino effect and all the residents would want them on their streets. The other streets are not next to a school. Oakland Avenue gets a lot of its traffic because of the school being there and it is used as a cut-through from Dublin Road to Fifth Avenue.
...Mayor DeGraw commented that last week he had met with Mike Hughes and asked him to come before Council. He knows that the City has been approved for the Safe Routes to Schools study and that after the study there may be some opportunity for potential money from the government. Oakland is on schedule for paving this year and it is a good time to look at traffic calming devices to slow the traffic down and if possible, tie it into the Safe Routes to Schools program. Mayor DeGraw wanted Council to be aware of the discussion and consideration in case there is an additional cost request for this year’s street improvement program. Discussion followed on obtaining traffic counts for the local streets for future requests.
…In reference to the time frame of street improvement program, Mayor DeGraw stated that the City should know the actual program sometime in August. If the paving project isn’t expected to be scheduled until the start of the new school year it was suggested to wait until 2010 to do it while school is closed.
Finance Committee – No report.
Department Head Status Reports:
Grandview/Marble Cliff Chamber of Commerce – City Attorney Khouzam reported the next luncheon meeting will at be June 11, 2009 at Barley’s Smokehouse. The guest speaker is Steve Baldzicki, Big Fish Networking.
a) Tour de Grandview event will be June 27-28, 2009;
b) The Parks Advisory Board is meeting bi-monthly with the next meeting scheduled for June 11, 2009 at 7 p.m.;
c) Nominees for the Grand-View Landscape Awards will be accepted up through July 3, 2009; and
d) The first Grandview Garden tour will be July 19, 2009 from noon to 5 p.m. The local addresses will be advertised in the Columbus Dispatch the Sunday before and the Sunday of the tour.
…Koelker stated she had gone with resident Dorothy Pritchard on a tree tour in Bexley and was quite over-whelmed. Bexley has been so successful in their 15 years of implementing a street tree program that they are looking currently at being designated as an arboretum for the whole city. Koelker stressed that a person cannot get the effect without going to see it. She wondered if there was an avenue to pursue that would allow the City to pick some tools up that they (Bexley) have been doing and maybe try to see what parts of that program might be applicable to Grandview Heights.
…Director Robey stated that Dorothy Pritchard had assisted him on filing for grants in the past and is a member of the Grandview Heights Landscape Advisory Board.
1) the bike race is June 27th and June 28th; and
2) Fire Captain Shaner has been appointed Interim Fire Chief.
Director of Administration/Economic Development Report - Director Bowman reported 1) the City does have a little bit of stimulus money which will be used on planing and repaving Grandview Avenue from First Avenue to Third Avenue (MORPC is putting together a mass contract). It had been limited to federal aid streets, i.e. Goodale, Grandview, First;
2) EMH&T has installed five flow monitors in the areas where the pipes from surrounding communities are coming into the City. These monitors will see how much of the infield/inflow (I/I) problem is the City’s and evaluate the performance of the collection system. They will also inspect every manhole within the City’s sanitary sewer system and utilize the collected information to set detailed mapping of the sewer system;
3) the 2009 Street Improvement Program is currently being discussed. The engineer contract for these services has not been executed; and
4) the Planning Commission will be sponsoring a public workshop June 16 at 7:00 p.m. at Stevenson Elementary School. It will be a meeting for input from residents and property owners regarding the goals for the neighborhoods and commercial areas surrounding Grandview Yard.
…Gladman inquired if the projections on income, the downturn on net, related to the Grandview Yard with some displacement of businesses and what construction side pick-up of that would be. If that information was available, Council could have a clear determination if the net is a plus or a minus.
…Director Dvoraczky stated that now that they have access to this data, how to manipulate it and do the extraction, he could get the data Gladman asked about.
*** Director Robey was excused by Council President Reynolds at 7:50 p.m.***
► Old Business
1. Ord. 2008-09: An Ordinance to establish a public planning process to update the Dublin Pike District portion of the City of Grandview Heights’ Community Plan.
…Director Bowman has instructed the engineer to do a thoroughfare plan with some design aspects to it.
…Gladman moved and Koelker seconded to postpone to September 7, 2009. Vote on to postpone: All ayes. PROPOSED ORDINANCE POSTPONED TO SEPTEMBER 7, 2009.
2. Ord. 2009-09: An Ordinance authorizing the Mayor and Director of Finance to enter into a lease agreement with the Grandview Community Association, the Grandview Bicycle Race Company and J. Baumeister for the use of certain City Rights-of-Way and McKinley Field in the City of Grandview Heights, Ohio, and declaring it an emergency.
…Jagers stated she would like to have the certificate of insurance submitted before Council takes a vote on the legislation.
…City Attorney Khouzam clarified that there are two certificates of insurance; one from the Grandview Community Association, which is in place, and one required from the race promoter, which has not been received.
Discussion followed on the past practice of the race promoter not producing the insurance certificate until the day before the race. Von Jasinski recommended Council adopt the legislation and have the Mayor control the event as the Public Safety Director.
…Jagers stated the Planning and Administration Committee did review the proposed contract and did not have any concerns with it.
…Jagers moved for approval. Panzera seconded. Vote on approval: All ayes. LEGISLATION PASSED - ORDINANCE 2009-09.
3. Ord. 2009-13: An Ordinance establishing the Grandview Yard Community Entertainment District pursuant to the provisions of Ohio Revised Code Section 4301.80 in the City of Grandview Heights, Ohio; making certain finding related thereto; and declaring it an emergency.
…Jagers reported the Planning and Administration Committee had met a couple times on the proposed legislation. Since the zoning in that area could potentially offer adult oriented entertainment, the proposed ordinance was amended to contain language in it to express that that was not Council’s intention.
New Section 2: Notwithstanding other City zoning provisions which may be applicable to existing or planned uses within a CED, adult theaters, businesses that offer or provide adult cabaret, sexually oriented entertainment, or food service/entertainment that involves employees working in any partial or other state of nudity shall be prohibited within a CED.
…City Attorney Khouzam noted that the proposed legislation fourth Whereas has the first three lines marked to be removed and those should remain in the document and the language to be inserted should be an additional Whereas. She further stated that the proposed legislation is not an emergency and that language is to be removed in the title and Section 3.
…Von Jasinski asked if there is a difference in the term in the new Section 2 “…entertainment that involves employees working in any…” and a 1099 sub-contract person. Without being that familiar with that industry it was agreed to amend it to read “…entertainment that involves persons in any…”
…Jagers moved to substitute to version 060109. Gladman seconded. Vote on substitution: Jagers – yes, Koelker – yes, Panzera – yes, Von Jasinski – yes, Gladman – yes, Hastie – abstained, Reynolds – yes. PROPOSED LEGISLATION SUBSTITUTED TO VERSION 060109.
...Jagers moved to amend proposed legislation as follows:
1) Remove emergency clause in preamble;
2) The stricken fourth Whereas language to be unstricken;
3) The new language under the fourth Whereas will be a fifth Whereas;
4) Section 2, remove the words “employees working” and replace them with “persons”; and
5) Remove the emergency language in Section 3.
Gladman seconded. Vote on amendment: Panzera – yes, Von Jasinski – yes, Gladman – yes, Hastie – abstained, Jagers – yes, Koelker – yes, Reynolds – yes. PROPOSED LEGISLATION AMENDED.
...Jagers moved and Gladman seconded for approval: Vote: Von Jasinski – yes, Gladman – yes, Hastie – abstained, Jagers – yes, Koelker – yes, Panzera – yes, Reynolds – yes. LEGISLATION PASSED IN SUBSTITUTED AMENDED VERSION 060109 – ORDINANCE NO. 2009-13.
Old Business – No action requested
1. Ord. 2009-12: An Ordinance Amending Chapter 505 of the City of Grandview HeightsCodified Ordinances to allow Chickens to be kept within City Limits, with Certain Restrictions. Pending Third Reading. Assigned to Safety. (Tabled 5/4/09 to date certain being 8/3/09).
1. Res. 2009-06: A Resolution adopting a tax budget for fiscal year 2010, and declaring it an emergency. RECORDED AS A FIRST READING. Assigned to the Finance Committee.
2. Res. 2009-07: A Resolution to waive the provision of Section 529.07(b)3 of theCodified Ordinances for the Tour de Grandview Cycling Classic on June 27 and June 28, 2009.
…It was noted that Exhibit A should reflect the correct date of Sunday June 28, 2009.
…Panzera moved and Jagers seconded for approval. Vote: All ayes. LEGISLATION APPROVED – RESOLUTION 2009-07.
3. Ord. 2009-15: An Ordinance authorizing the City of Grandview Heights to enter into a Contract with the City of Columbus, Department of Health, for emergency preparedness services, and declaring it an emergency.
…Von Jasinski reported Interim Fire Chief Shaner explained that this is a reimbursement grant to the City for a trailer that will be used as an immediate response vehicle through other agencies, i.e. Homeland Security, for long term needs and major catastrophes. These trailers are being placed throughout Central Ohio and the City was one of those departments chosen.
…President Reynolds commented it is his understanding that the money itself is for supplying the trailer and the trailer is being provided to the City for no cost. Initially there will be five thousand dollars ($5000) worth of supplies purchased which will be reimbursed, then five thousand more and so on until the $19,900 is expended.
…Von Jasinski moved to suspend the rules and Gladman seconded. Vote on suspension: All ayes. RULES ARE SUSPENDED.
…Von Jasinski moved and Gladman seconded for approval. Vote: All ayes. LEGISLATION PASSED – ORDINANCE 2009-15.
4. Ord. 2009-19: An Ordinance Modifying and Amending Chapter 1157 of the City of Grandview Heights Codified Ordinances to Set a Percentage for the Recycling of Demolition Debris from Commercial and Multi-Family Structures.
…President Reynolds requested that the sponsoring/contact person be changed from him to Koelker.
…Koelker, initially reviewing the proposed legislation, commented that she would be in favor of at least considering expanding it from not only being demolition debris but also construction debris.
…RECORDED AS A FIRST READING. Assigned to the Safety Committee.
1. Discussion of D5I liquor license permit application for 1247 Grandview Avenue.
…Hastie explained to Council that a D5 permit is issued to an establishment that will have only 25%of its gross sales from beer or liquor. They are only allowed to be put in communities with a population of 11,000 or less.
…Council had no objection to the issuing of the new D5I liquor license for 1247 Grandview Avenue. (Hastie abstained.)
2. Von Jasinski stated he would like to recall proposed Ordinance 2009-12 that was tabled for a date certain of August 3, 2009 at the ---- meeting. (An Ordinance Amending Chapter 505 of the City of Grandview Heights Codified Ordinances to allow Chickens to be kept within City Limits, with Certain Restrictions.)
…Von Jasinski moved to take a vote to remove proposed legislation Ordinance 2009-12 from the table and have it on the next subsequent Council meeting for consideration. Hastie seconded.
…President Reynolds noted that Council Rules do not specifically address what to do in case of rescinding/reconsidering, and there is a slight difference, at least looking at Robert’s Rules of Order, as to what they are. Council Rules do not require that Council adhere to Robert’s Rules, although traditionally Council has looked to them for guidance. President Reynolds reason for pointing these facts out is that Robert’s Rules, whether it is considered a motion to rescind or reconsider, require two-thirds (2/3) vote (5 Council members voting in the affirmative to reconsider).
…City Attorney Khouzam explained that the term “to table” was not the proper term. “Postpone to August 3, 2009” should had been the correct language. If Council collectively decided to accept that guidance, it can. Otherwise, Council will need to move to adopt some other formal action, for example to vote by some other percentage, and then go back and vote on the actual motion by that percentage.
…It was noted that at time the legislation was discussed clarification was made that the proposed legislation could be brought back before Council earlier than the August 3, 2009 date.
…Von Jasinski stated that most of the work Council performs is guided within Council Rules. Since this is not addressed his personal feelings are that it defaults to majority vote.
…City Attorney Khouzam explained, just to be clear, the request is to bring something back that was postponed to a date certain and just the guidance received from Robert’s Rules of Order the process is either to rescind the earlier motion or to reconsider.
…President Reynolds stated that technically to reconsider cannot be done at this point because according to Robert’s Rules that must be done at the same or immediately following meeting.
From his reading of Robert’s Rules the purpose of requiring the 2/3’s vote is that it is not a typical action of something to suspend the rules for at least one meeting, which is in fact Council did announce with the August 3, 2009 date. In his opinion Council is looking at something slightly different. President Reynolds further stated that in Robert’s Rules there are some situations that to reconsider you have to be on the affirmative side to bring the motion forward. He will not be that stressed to follow that rule but will hold to the 2/3’s vote, unless Council comes up with a different percentage.
…Hastie made a secondary motion to require a majority vote when dealing with the reconsideration of proposed Ordinance 2009-12. Von Jasinski seconded. Vote on secondary motion:
…In response to Koelker’s inquire, Hastie stated that from his perspective, the rush is not just from the individuals of Council who are asking for this but the community has really taken a stance on this issue on both sides. The residents had time to come to the meetings and submit comments and he feels Council is doing a disservice by not giving some resolution to the issue. Additionally, if Council waits until August 3, 2009, the time to file an initiative and/or referendum to go on the November ballot will have past.
…President Reynolds stated that clearly there are residents who are in favor to explore some way to find a workable solution to this problem and he believes it would be a tremendous disservice to them to bring up a faulty way to approach this. When in fact there could be a very workable solution. He said he did not see any reason to take more time than what Council already has on this issue. The whole reason for tabling it was because there are far more important things for Council to do. The argument of the timeframe relative to the Board of Elections really pertains to reversing a Council action. A referendum can be brought forward at any time. The benefit to somebody who would oppose the legislation, if Council were to approve it, is it doesn’t matter when that next election is, as soon as the referendum petition is filed that legislation is suspended.
…Panzera stated that he opposed to tabling it at the time the proposed legislation was tabled and he felt the decision was appropriate at that time. To bring it back to the table for a vote sooner than Council thought they would, would be short-sided for those parties in support or opposition to the proposed legislation. It is a commitment issue for him.
...President Reynolds recapped that the secondary motion, for the purposes of this item at hand, is to allow for rescinding based upon a simple majority vote as opposed to a 2/3’s vote. By voting yes on the secondary motion a Council member will be voting to go with a simple majority vote.
…Vote on secondary motion: Jagers – yes, Koelker – no, Panzera – no, Von Jasinsk – yes, Gladman – no, Hastie – yes, Reynolds – no. SIMPLE MAJORITY VOTE DEFEATED.
… Vote to remove proposed legislation Ordinance 2009-12 from the table and have it on the next subsequent Council meeting for consideration. Koelker – no, Panzera – no, Von Jasinski – yes, Gladman – yes, Hastie – yes, Jagers – no, Reynolds – no. PROPOSED LEGILSATION ORDINANCE 2009-12 REMAINS TABLED (POSTPONED) UNTIL AUGUST 3, 2009.
Comments from Council Members
…Hastie reported that 20 students on the Grandview Heights High School track team will be competing in the OHSAA state championship meet. That has to be the most since the early 1990’s.
Jagers moved to adjourn into Executive Session pursuant to ORC § 121.22 (G)(1) for the purpose of considering the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official. Gladman seconded. Vote: All ayes. COUNCIL ADJOURNED INTO EXECUTIVE SESSION AT 8:33 P.M.
Council adjourned from Executive Session and reconvened into regular session at 8:54 p.m.
There being no further business the meeting was adjourned at 8:55 p.m.