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HomeMy WebLinkAbout02/01/1999 l:f;,!I-'L'r.-N~lil~b:lI'!;:'t:~'~'tMJt~'!M'~~-Hlm ;'_~'I,' 'rlltllhHf1lhf:;iI;'itWiI,j Iti,'(~IH:!i'itilt:~ f'l . I RECORD OF PROCEEDINGS W~WM"##"###~#Q~~~Q~Q~~Q~~'''#W~M~mQ''QMt!l}!''~~~Q~ffm2LQ~m~m~m#ffQhQQ~~ff~ff_"Qm#1Jl1Jr-'~CirVC;-Q#~~q#r1VLQ#-#-~w~##_m~#~m#~_ffm~~m~P2-~~r##~ ~ Meeting u 10 Ity ounCl eetmg age Q- ~_~~#~_#m~_#~~m 'h'mmm_mmQ~,mQ# DAYT N LE AL BLANK co. FORM NO. 10148 Held Febn1ary 1, 1999 19 Mayor Kranstuber called the Dublin City Council Meeting of February 1, 1999 to order at 7:00 p.m. Mr. Reiner led the Pledge of Allegiance. ,~ Roll Call Council members present were: Mayor Kranstuber, Mrs. Boring, Mr. Adamek, Mr. McCash, Mr. Peterson, Ms. Hide Pittaluga and Mr. Reiner. Staffmembers present were: Mr. Hansley, Mr. Helwig, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Ms. Clarke, Mr. Harding, Mr. Hahn, Chief Geis, Mr. Husenitza, Mr. Lenz, Ms. Bearden, and Ms. Vincent. Approval of Minutes of Meeting of January 19, 1999 Mayor Kranstuber moved approval of the minutes as submitted. Mr. Adamek seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. Correspondence The Clerk stated a notice was sent to Council regarding a new Dl and D3 permit for a location at Avery Road and Woerner Temple. Mr. Adamek asked the Law Director for clarification of issuance of a permit when a building does not yet exist at that location. Mr. Smith explained that the applicant will likely transfer it to another building until they have a lease in place for the location at Avery and Woerner Temple. The liquor permit ......-. process can begin prior to the existence of the building on the site. Mayor Kranstuber moved to adjourn to executive session for land acquisition discussion. Mr. Reiner seconded the motion. V ote on the motion - Mrs. Boring, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Mayor Kranstuber reconvened the meeting at 7:20 p.m. Comments from Visitors Ruth Reiss, 5930 Berkshire Court stated that she represents "Citizens for Dublin". They are requesting that Council consider ethics and campaign finance reform legislation and have it in place prior to the November election. Citizens for Dublin was founded four years ago with a common goal of encouraging careful planning, fiscal responsibility and quality development in Dublin. Four years ago, Citizens for Dublin identified the key issues facing Dublin as traffic, neighborhoods, taxes, natural and historic preservation, and ethics. Over the years, most of these issues have been worked on by Council. However, ethics and campaign finance reform have not yet been legislated. As an organization, Citizens for Dublin has corresponded and discussed this with Council since July, 1997. A memo was sent to the Administrative Committee of Council in June, 1998. The initial efforts regarding ethics were begun in 1996 at the organization's urging by Council members Stillwell and McCash. Citizens for Dublin believes that campaign ,.-.., finance reform should be part of any ethics ordinance approved by Dublin. Campaign finances should be public and publicized. Along with the campaign finance form currently filed with the county Board of Election, candidates should also file this form with the City of Dublin. The City in turn should then publish each candidate's preliminary and final disclosure statements in the Dublin Villager, the Dublin News and any other newspapers of general circulation in Dublin. Citizens for Dublin also believes that campaign finances should be regulated, and that City Council campaign contributions should be accepted only from Dublin residents or Dublin business owners with a ceiling of$250 or less on each contribution. In addition, Citizens for Dublin believes that the City should regulate its consultants and contractors by requiring them to file disclosure statements with the City attorney concerning potential conflicts of interests. Those disclosure statements should be available to the public. In addition, a City official should not profit personally from public business. Officials should abstain from discussing and voting on development I I, d I .,1 . i '! i!v 1 1 ! " . 'I'.. i II.] :'r"""':'Y.ll~~ltl"'l1lt:Hl't1Ut.'t .~:1l1:m_\!I,,'If:'r.;II'i'lq!hl;>"!F',:'.nn'+')1f4t:'y- I: J., I RECORD OF PROCEEDINGS 'Q~"d4QPdQPd"Q""_"Q"M'M"MM4Q''''4PMQMMMil}.!!l~s ~2L~~4"QMP"~~Q4#'MMP"~P_PUu15Tln~CilfCouiicifI\,ieeriii"g~QM'4M-p"_M4Mm~H"~Q4~M'Pag;rT~~""#~~M4~4,,__M~4~tiI!S:44'4"4Q'4M'4HM4HM DATION LEGAL BLANK CO FORM NO 10148 Held Febn1ary I, 1999 19 projects or public projects on which they have vested interests or in which they or their associates expect to bid to provide goods or services. If they do sign contracts to provide goods or services to a project on which they have voted, they should report these to the ,.-- City attorney who will then make this a public record. A list of these contracts should then be published in the local and newspapers of general circulation in Dublin. Mayor Kranstuber thanked her for her comments, and asked for discussion among Council on the action needed to implement these. Mr. Reiner stated that he would like to see the most recent version of any draft legislation before the Administration Committee. He supports campaign finance reform which controls outside influence on Dublin elections, but noted that it may be difficult to control the flow of campaign donations to a Dublin resident who in turn would donate to a particular candidate. Mr. McCash stated that the Administrative Committee has discussed the ethics law and a draft has been forwarded to the Committee for review. The campaign finance reform law will take some further review. He noted that when he ran for Council, he limited the contributions to $100 from Dublin businesses and residents only. Mrs. Boring stated that the Committee had previously asked the Law Department for further direction, and a draft ethics policy has been returned to them for review. The Law Department has also provided some materials regarding campaign finance reform for review by the Committee. The Committee is presently scheduled to meet on these topics sometime after goal setting and the restructuring of the boards and commissions and - selection process is completed. A special meeting of Council can be convened for this purpose if necessary. Mayor Kranstuber noted that if the intent is to have this in place prior to the November election, it would need to be fast-tracked. Ms. Hide Pittaluga stated that most of the points raised, with the exception of the dollar limitations, are already addressed in the current election laws. This process should not take a great deal of discussion time. Mr. Smith noted that a memo was previously prepared for the Committee addressing many of these issues. Ohio law already incorporates much ofthis. He does not believe that the disclosure of conflicts of interest by consultants is part of the Ohio ethics law at this point. The issue of limiting contributions to Dublin residents and/or businesses will need some further review. All campaign reports are already a matter of public record, but ifit is Council's desire, Dublin could perhaps adopt a policy that requires publishing a report of campaign contributions for everyone who runs for office in Dublin. That newspaper space would have to be purchased by the City. Mayor Kranstuber suggested meeting in the next 60 days on this general topic. "......." Mr. Smith will work with Mrs. Boring to make sure that staffhas all of the research I , documents on this topic. Discussion followed about possible dates for a special session. Mr. Hansley proposed that staff draft an ordinance based on the discussion of Council and the previous discussion at the Committee level, and that this item then be scheduled for discussion under the "Other" portion of the March 1 agenda. Mr. Smith agreed to have a draft ordinance for ethics and campaign finances prepared for discussion at the March I meeting, along with a memo regarding the legal issues. Staff Comments Mr. Helwig reported that: 1. The Building Division has prepared a summary of the total residential and 'I ,I i iI'I",'", 1 1 i F. I RECORD OF PROCEEDINGS w,,_,__p_ffn~p__"__P_'P__~_ff_p,_pM!!l!:!pl~~_ff2t_p_p_p_pp~-'~Pff_P"P~~-'-PPUU5Tlnufy-rouncirI\Tee1ffig-"--~--~--~~@--~"Pagn-p-p-~,____,~~~~~etiff!!LI"__p_p_,__,_,_, DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held pp.bn18ry 1, 1999 19 commercial development during 1998 which indicates that the value of these was over $352,000,000 - an extraordinary amount. It is comprised of $269,000,000 in commercial and $83,000,000 in residential development. - 2. The new traffic signals at Metro Place South and Frantz Road are now operational. This completes the intersection improvements made with the nF funding. Mr. McDaniel reminded Council that staff previously forwarded a recommendation to Council regarding a location for the next Art in Public Places. They are requesting affirmation from Council of the Darree Fields location. Ms. Hide Pittaluga stated there are a couple of other, higher visibility areas - Old Dublin, Sawmill and 161 - that she would like considered for art projects. Mrs. Boring stated that Council had discussed previously that these areas should have a higher priority. Mr. Hansley stated that the development plan for the Bridge and High Street area is still not finalized, and so staff is not recommending an art proj ect at this time for that location. The same applies to the 161 and Sawmill intersection with all of the roadway projects that are not finalized yet. In addition, the City does not own the site at 161 and Sawmill. Mayor Kranstuber moved to approve the Darree Fields site as the next Art in Public Places location. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mrs. Boring, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes. Mayor Kranstuber noted that at the recent U.S. Conference of Mayors meeting in ,.--., Washington, much of the discussion evolved around promotion of arts in cities and the benefits of arts programs. He will forward the information to Ms. Rosenthal of the Dublin Arts Council. LEGISLA TION TABLED LEGISLATION SCHEDULED FOR HEARING Resolution 15-99 - A Resolution of Intent to Appropriate a Permanent Bikepath Easement Consisting of 0.0408 Acres, More or Less, and a Temporary Construction Easement Consisting of 0.1384 Acres, More or Less, from BankOne Columbus, N.A., iuProperty Located on the Ea~t Side of Avery-MuirfieldDrive and the South Side of Perimeter Drive, City of Dublin, County of Franklin, State of Ohio. Resolution 16-99 - A Resolution of Intent to Appropriate a Permanent Bikepath Easement Consisting of a Combined 0.0221 Acres, More or Less, and a Temporary Construction EasementConsisting of 0.1389 Acres, More or Less, from BP Exploration & Oil, Inc., in Property Located on the East Side of Avery-Muirfield Drive and the North Side of Perimeter Loop Drive, City of Dublin, County of Franklin, State of Ohio. Resolution 17-99 - A Resolution of Intent to Appropriate a Permanent Bikepath Easement Consisting of 0.0026 Acres, More or Less, and a Temporary Construction Easement Consisting of 0.1013 Acres, More or Less, from McDonald's Corporation, in Property Located on the East Side of Avery-Muirfield Drive and the North Side of Perimeter Loop Drive, City of Dublin, County of Franklin, State of Ohio. Resolution 18-99 - A Resolution of Intent to Appropriate a Permanent Bikepath Easement Consisting of 0.0544 Acres, More or Less, and a Temporary Construction Easement Consisting of 0.0451 Acres, More or Less, from the Huntington National Bank, in Property Located on the East Side of A very-Muirfield Drive, City of Dublin, County of Franklin, State of Ohio. Mr. Helwig stated that Council has received a memo from Ms. Clarke with the research on this matter requested two weeks ago. It documents that there was no commitment at the time of rezoning for private sector development of or reimbursement for developing these bikepaths. Staff is recommending that Council proceed with approval of this legislation. Mrs. Boring stated that, in the future, she would like to have more information provided about the linkage with the total bikeway system when considering these items. She asked I J' ill ....... 'iif:li!l:I'i! I I i . . . ". 1.1 RECORD OF PROCEEDINGS WWhhwhh'mm,whwh'~_hh~~w'h~mww'mh,M!!!E!~~~2i_whm"hhhhhhWhm'h~hhhh~-hDli15rlnTifyCouriciT1YIemeTrfffh'~'h_w'hhm~h~QmmmW_h'h~age4~-hhhhWh'~hQ'~mhhhmhM~~lE~g'mhWhww'w'mhW~ DAYTON LEGAL BLANK CO FORM NO. 10148 Held Febfllary ], 19Q9 19 how the decision is made regarding a bikepath or a sidewalk in a given location. Mr. Helwig responded that in the City master bikeway plan, which was discussed at the CIP meetings last summer, this project was identified as a public investment that would ,- link the bikepath at Perimeter Drive with the bikepath at Shier Rings. Until the Emerald Parkway bridge over 161/33 is completed, this is the only available link for bike traffic. This particular path will be asphalt in R:eeping with the boulevard look along Avery- Muirfield Drive. Mayor Kranstuber moved approval of Resolutions 15-99, 16-99, 17-99 and 18-99. Mr. Adamek seconded the motion. Vote on the motion - Mayor Kranstuber, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes. SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 07-99 - An Ordinance Authorizing the Purchase of a 10+/- Acre Tract of Land Located at 5160 Avery Road for the Purpose of Preserving Open Space Along Woerner-Temple Road. Mr. Smith stated that this authorizes the purchase of the Bee property as previously discussed with Council. Council had directed staff to have the entire property appraised in view of the damage to the residual which would have occurred after cutting the property on a diagonal. The closing date is set, and the City has a contract with the Bees for the purchase. Vote on the ordinance - Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes. r-- INTRODUCTION & FIRST READING - ORDINANCES Ordinance 10-99 - An Ordinance Authorizing a Modification to the City's Investment Policy. Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated that information accompanies the ordinance, and staff is requesting that this be held over for public hearing on February 16. Ms. Hide Pittaluga commented that she is pleased that the City is taking a more aggressive approach in order to obtain higher returns on its investments. The investments that are authorized with this are still very conservative. Her only suggestion is that Council be advised prior to any additions or deletions to the broker list. Ms. Grigsby responded that the City's current investment policy doesn't address the use of an investment advisor. This change authorizes an option for the City to employ an investment advisor. It is set up as any professional service contract and administered by staff. She can certainly inform Council when changes are made, but the decisions are made at the staff level. Ms. Hide Pittaluga added that Council may need to consider the proposed investment advisory committee when they are discussing board and commission appointments. r Mr. Adamek asked that, for comparison purposes, staff provide a copy of the City's present investment policy in the next packet. Mr. McCash stated that he discussed briefly with Ms. Grigsby the possibility ofthe opportunity for the City to acquire common stock in companies as part of this investment policy. The City works on many economic development incentives, and it may be desirable to have an option to acquire common stock as part of the economic development negotiations or inducement agreements the City undertakes. The City would, in essence, be investing in that company and would earn future dividends. Mr. Smith stated that his initial reaction is that this would not be allowed under the law for ethical reasons. Basically, the City would be providing more inducement to a company in exchange for stock. 1 1 : '1.1 iH ", 1 ;i, : RECORD OF PROCEEDINGS ~M~MWQffW'PQWQ'Q'MM"WWWWWMM~WMWWQQw~Mi!?:~!'~~Q~w2~L~www_"W"~M~QWMW'~WM'~W~QUUD1iirCrfyC'ouiiciT1VIeefing "~~~Q-QW__W'~~~-QW-P'age _~'~__Q_~W~W_~~ M~_~!!~~WQQ"WWM'MwMww DAYTON LEGAL BLANK CO.. FORM NO 10148 Held FebT11::1ry 1, 1999 19 Mr. Hansley noted that the investment policy as drafted provides for maximum yield and maximum safety. On the other hand, investing in local Dublin companies could constitute volatile investments with the usual cycles of gains and losses. Even if it were ~ legal for a charter city to do this, staffwould likely not recommend it. Discussion continued. Mayor Kranstuber suggested that Mr. Smith consult with some of his colleagues on this proposal and report back to Mr. McCash. There will be a second reading and public hearing of the ordinance at the February 16 Council meeting. Ordinance 11-99 - An Ordinance Accepting the Lowest and Best Bid for the Purchase of an Uninterruptible Power Supply (UPS) System. Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated that language was added in Section 3 referring to the appropriations needed since they were allocated in 1998 but not utilized. There will be a second reading and public hearing of the ordinance at the February 16 Council meeting. Ordinance 12-99 - An Ordinance Accepting the Lowest and Best Bid for Dublin Community Recreation Center Phase II Furniture and Related Equipment. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that staff is recommending the low bidder for furniture and equipment for Phase II of the Recreation Center. There will be a second reading and public hearing at the February 16 Council meeting. ,.--., Ordinance 13-99 - An Ordinance to Accept the Lowest and Best Bid for Stormwater Improvements for Forest HilI Road, Westbury Road, Arrowhead Road and Riverside Drive, and Declaring an Emergency. Mayor Kranstuber introduced the legislation. Mr. Helwig stated these are the Riverside Drive-related stormwater improvements that were budgeted last year. The low bidder was Fort Defiance Construction Company at $305,303.50, and staff is recommending that bidder. Staff is recommending emergency for the reasons of public safety. Mr. Reiner asked ifthe residents are insupport of the plans for these improvements. Mr. Helwig responded that there is no opposition. He added that adjustments were made to the plans since the intersection improvements are not being done with the permanent signal at Summitview. It does not affect the Porter property. The land acquisition for these storm water improvements has already been acquired. Mrs. Boring suggested that the residents be notified when the contractors are going to be on the properties. Mr. Helwig responded that as part ofthe project, every property owner was contacted, but staff will inform them again. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the public hearing. Mr. McCash seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. Vote on the ordinance - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes. Ordinance 14-99 - An Ordinance Authorizing the Purchase of a 0.139 Acre Tract of Land, Located South of Bridge Street, West of South High Street, City of Dublin, County of Franklin, State of Ohio, the Execution of a Developer's Agreement, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Smith stated that this ordinance relates to the Marathon Station purchase. Maps have I I: 'II ''I!' 'il'!>1 tTrrii!iWillI 1 i .. RECORD OF PROCEEDINGS W~~WW~""~~~g~W~W~~"~~~~w~w_JYfj!!}!l~~~L~_,~~~~~__~~w,~'UiloTIn~crfy-Couiicrr1Vfeetlng~WmW,-,~~-,w~-~~~'~-~geb-~g~~~~~#~~e~lI?:,Kw,ww~w'WW,g~WW DAYTON LEGAL BLA.NK CO FORM NO 10148 Held Fehm::lry 1, 1 QQQ 19 been distributed to Council tonight, as requested by Mrs. Boring. The ordinance authorizes the purchase ofthe parking lot, as indicated in the drawings, for $175,000. The funds have been appropriated previously. A private developer is buying the .- remaining two thirds of the site. The second portion of this ordinance authorizes the City Manager to enter into a development agreement for the parking lot, with a cap of $164,000. Prior to execution of the agreement, Council will be given a breakdown of the items included in the parking lot development. Emergency action is needed as the closing on the property is set for Thursday, February 4. The building and tanks are to be removed as soon as possible, weather permitting. Mr. Reiner asked ifthe setbacks conform with the Community Plan. Mr. Smith responded that the developer has been to the Board of Zoning Appeals for variances on this matter. The site lines have been approved by Engineering, so there is no issue of safety. The area will be recreated as it existed historically. He confirmed that the setbacks are within those specified in the Community Plan. Ms. Clarke added that the Community Plan calls for a total revamping of the City's zoning code. The present zoning code does not work in Old Dublin. Old Dublin and most other old downtown areas were built with buildings set close to the sidewalk at the right-of-way line. Dublin's code requires buildings to be set back a minimum of30 feet from the right-of-way. Contemporary Dublin is built on a suburban standard, not an historic standard. She added that the City has not yet done a study of the boulevarding of 161; obviously, building at a zero setback will preclude the acquisition of any right-of- way from this side of Bridge Street. ,......., Mr. Smith noted that the other option is to take right-of-way from the north side of Bridge Street. The boulevard concept may not work anyway with the present bridge alignment. Mr. McCash noted that he agrees with Mr. Smith. As Ms. Clarke stated, the Dublin zoning code does not work in Old Dublin. Mr. Reiner commented that he wants to ensure that the City doesn't decide in the future that they need more right-of-way and thus have to buy back a portion ofthis site. Vice Mayor Boring asked staff to explain the need for emergency action. Mr. Smith stated that the tanks need to be removed and a contract is in place for this. Secondly, the closing is set for later this week. Mr. McCash moved to dispense with the public hearing and treat this as emergency legislation. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. Vote on the ordinance - Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes. ~ In response to Ms. Hide Pittaluga, Mr. Smith stated the plan provides for the structure and tanks to be removed by the end of February. Mr. Reiner stated that in regard to the north side of Bridge Street, Council previously allocated funds for trees to screen the white buildings. The contractor planted pear trees, and he would like staff to check to see if these conform to what was approved by Council. INTRODUCTION & FIRST READING - RESOI,UTIONS Resolution 19-99 - A Resolution of Intent to Exchange Land with Washington Township. Ms. Hide Pittaluga introduced the resolution. Mr. Smith stated that this matter was discussed previously with Council in a land acquisition executive session. The City presently owns jointly with Washington 1 II 1.1 I Ii" .' c,';',c"c :;1' .liiil.!T , f .-':' Ii, 1'-!"',j',I':''F.', ''-I:TITlit'-<<!'~m'\u:l1fn' >11"; 1tf'l'!tllln--:fl"'~ljl~!'I'~liWH"i-"U!':'~ft'I","\"":<Mtt'j. 1",1 , RECORD OF PROCEEDINGS w~b"~~~b~bP'~~b~w",,,w~"~~b~'b~,,_,,,wMinl!:pl~sw~2!'b~~~~~~''''W''Wb~~~W~~'~vbul6T~P~C~~P~''CO-'tiCir~~''bu~P~~b~W~'~W~~buW-~~~~~"-T~Wbu'~w~_wm~- ~ting u m Ity ounCI eet10g age ,m ~~b_'~W"~""~bPbuw'~wmp" DAYTON LEGAL BLANK CO FORM NO. 10148 Held Febnlary 1, 1999 19 Township approximately 44 acres at Darree Fields. The City with this action is exchanging the 44 acres owned jointly with the Township for seven acres owned by the City along Wilcox Road. A map was provided to Council tonight. The resolution ~ indicates that the City no longer has a need to develop the seven acres which abuts land owned by Washington Township along Wilcox. The township will deed their interest in the 44 acres at Darree Fields to the City. After this action, the City can proceed with the petition for annexation of the 44 acres to the City. Mrs. Boring asked why this is in resolution form. Mr. Smith responded that it declares the intent to exchange land, and Washington Township will pass a similar resolution. The quit claim deeds will be drafted and then executed to effect this action. Vote on the resolution - Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide Plttaluga, yes. Mr. Hansley added that the main reason that the City initiated discussion with the township on the Darree Fields land exchange was to facilitate the annexation process provided under the ORC for land owned by municipalities. After this annexation is completed, the City can extend utilities lines to the site to allow for needed restroom improvements. OTHER Discussion re Windmiller parcel right-of-way Mr. McCash noted that information from staffwas included in the packet regarding what "...,.--, has occurred to date in regard to the Windmiller parcel issue. A rezoning application was filed prior to the moratorium in the southwest area to rezone the property from an existing planned district text to essentially a higher intensity type of commercial zoning. A copy of the proposed text was provided in a separate packet on Friday along with a copy of a letter of intent regarding the appropriation ofthe additional right-of-way. An issue arose because of a need for additional right-of-way for the Tuttle Crossing extension through to A very and ultimately to the west. The Thoroughfare Plan was amended to increase that right-of-way width to 138 feet from the 80 feet which was part oftheir approved development text. After the amendment to the Thoroughfare Plan, staff discussed with the applicant the need for the additional right-of-way. As part of that request for additional right-of-way, the applicant staten that their approved plan for a small neighborhood commercial town center at those corners was no longer viable, and that they would need to add uses or amend the zoning in exchange for this additional right-of- way. Apparently, there was some sort of negotiation between staff and representatives of the Wilcox Tuttle Limited Partnership, and a letter of intent was executed in which the applicant agreed to give the City the additional right-of-way, subject to a successful rezoning. Previously, there was an issue of whether the applicant would build a portion of the road, and under this letter of intent, the City would build portions of the road and reimburse them for 40 percent oftheir cost ofthe roadway. The letter of intent was executed by the City Manager and by a representative of Wilcox Tuttle Limited Partnership. ~, The applicant then went to the Planning Commission with an amended development text. It included conditional uses such as movie theaters; it increased the size and square footage ofthe buildings from a 12,000square foot grocery store to 20,000 square feet; and there were also some density issues. It was discussed at Planning Commission, and a subcommittee was formed to explore a way to acquire the additional right-of-way in exchange for negotiation on items such as lot coverage or stormwater issues. Two meetings took place, and the developer provided three options for the subcommittee's consideration: 1) not to request the additional right-of-way and amend the Thoroughfare Plan to 80 feet; 2) the City pays for the additional right-of-way and the applicant builds what has already been approved; or 3) compensate them for the right-of-way by means of a tax abatement. All of these options require Council action. In addition, Council needs to consider some other factors such as the possibility ofre- . I :1 i ill ,i,f,j,;itlt I I ! '. . .. ",I; ,J;:-)nF 'r, '.-l;'f:);';j,''lt''W'U"4'1;'I;,l!I''._:,,i ;, " un'lJm,lrFil';!j!ft,~';r,nVIl'T:1WtmF,!,""._m;t '1-"1':" I RECORD OF PROCEEDINGS 'm~~mmm~yymym~m#~m#~##mum~#~~~#uuMi~~ t~~~m2Lumu~mu#~~m-mm~#~DU5riii~CifyT~.ouriciTIVfeet1Og-Um~~~-m~m~~~'~~~m'Pageg_~mm#m_m#m'#-~~~m~M~~~JiBmg#mm'm#m#u~'m#m#'m DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held Pp.bmary J, 1999 19 orienting the Tuttle Crossing extension toward the north. The land on both sides of Tuttle Crossing would then be located in Dublin, and therefore the development and traffic impacts can be controlled by Dublin in the best interests of the southwest area. Staff has ........... been asked to gather information on this matter for further review by Council. In the meantime, there has been an application for final development approval for a United Dairy Farmers store at the northeast comer of the Windmiller parcel. Although the relocation of the Tuttle Crossing to the north doesn't affect the land east of Wilcox Road, the issue of the right-of-way does affect this final development plan. If the City wants 138 feet oftotal right-of-way for Tuttle Crossing, it will affect the final development plan for UDF. Perhaps these issues should be discussed at the March 8 southwest plan meeting. He asked Ms. Clarke to comment on the UDF final development plan and the possibility of reworking it. Ms. Clarke responded that she is not familiar with the specifics on that particular case. In relation to the Windmiller parcel, there are some basic problems with the zoning that is in place in view of the wider right-of-way now needed. The assumption a few years ago was that Tuttle Crossing would be three lanes or possibly five, yet the amended Thoroughfare Plan calls for seven. Taking additional right-of-way decreases the developable land, and the site plan layout in that overall plan no longer will work. Mr. McCash stated that this is why he believes there is a conflict in that there is less developable area, yet the applicant is requesting more intense use and larger buildings. Mayor Kranstuber asked for clarification of what action is needed from Council tonight. r- Mr. McCash stated that the developer has brought forward three proposals as options to resolve the current issue before Planning Commission. Personally, he does not believe any of these is viable. He is seeking direction from Council on these options as proposed. In the original rezoning documents, it indicates that the applicant is responsible for constructing five lanes of Tuttle "all the way through". The applicant seems to have a different interpretation of what was agreed upon, and believes they were to build three lanes. The letter of intent was an attempt to resolve who would pay for what. Mr. Reiner noted that the realignment of Tuttle Crossing as discussed recently by Council may resolve much ofthis. In terms of the land use, how does the altered road alignment impact this parcel in terms of developable land? Mr. McCash responded that it may affect the amount of right-of-way needed, but in order to determine that, staff will need to do some traffic analysis. In reviewing the traffic analysis from the Community Plan and assessing what mayor may not develop in the area, staff came up with a figure of 138 feet of needed right-of-way. Mayor Kranstuber asked that Mr. McCash frame a motion for Council. Mrs. Boring commented that she is having a difficult time understanding this issue without maps and detailed information. Her understanding is that Council had directed ,..--., staff to investigate the realignment of Tuttle Crossing, and it seems premature to make t any decision at this time on the Windmiller parcel. " Mr. McCash stated that the Tuttle Crossing extension issue should be included on the agenda for the March 8 southwest plan meeting. The issue regarding the additional right- of-way and the United Dairy Farmers proposal is related to areas east of Wilcox Road. Whether the Tuttle Crossing extension is relocated to the north or not doesn't impact anything east of Wilcox. Mr. McCash moved that Council reject the three options that have been presented by the developer for the acquisition of the right-of-way. Mrs. Boring secondedMr. McCash's motion. Ms. Clarke pointed out that staff has negotiated over a long period oftime what they I I II "1.[. T Ii J I .. 1'1" ;l';l:;Jl'1"~If'JI~,:M.-;;:sH1tll-H," ~l1'l-lIl!k~,:If:;-!'iItL'1.11m:-W-l'n,;:~I"~'\':f,a::; t I: 'I RECORD OF PROCEEDINGS Minutes of Meeting """~'~"""'""W~"'~'~'"'""~'''~~M~"~_~~''''"d~~~_dmm"~~_d''~dmm"~'~~"~d~~m~"""--nuoTrii"TIfyl:O[ncIr1\7I:'eefii1g~~~~-~-~~"-~7agerd~d_-"_'~~~_~~#_~mm"M"mm"m~'~m'~"m"m DAYfON LEGAL BLA.NK co., FORM NO 10148 Helo Fe:bm::lry 1, 1999 19 believe is a fair agreement with the developer. However, the Planning Commission believed that staff had negotiated away too much - that the retail uses were too broad. She explained that when the developable land becomes smaller, the developer looks to be ..- compensated for the loss of the land and the loss of the development rights. What the staff negotiated was some slightly broader uses, larger buildings, and changes to the architecture. The developer gave concessions in terms of curb cuts, and the City agreed to absorb part of the construction costs. The subcommittee of Planning Commission was not in favor of the changes in use or architecture, and the developer was encouraged to consider some different development standards. These were determined by the developer not to be viable. Thus the developer proposed the options as outlined by Mr. McCash. Mr. McCash stated that the history of the zoning indicates a commitment to build a five- lane road, and ifthe City is going to be pay 40 percent of the cost, compensation has already been given to them for the additional right-of-way. Mrs. Boring seconded Mr. McCash's motion. Ms. Clarke noted that these options were the result of two years of negotiation. If there isn't any interest in compensating the developer in some way, how can the planned zoning already in place be reconciled with the adopted Thoroughfare Plan? Mr. Smith summarized that Council amended the right-of-way requirements in the Thoroughfare Plan. The issue of appropriate compensation may not be able to be settled by this body. It appears that the three proposals of the developer are unacceptable to Council. It has been a policy of Council that they are the body who determines the right- - of-way needs within the Thoroughfare Plan. How this right-of-way is obtained and under what terms is then a negotiable item - not the amount of right-of-way needed. He added that realigning the road does have an impact on the site and maybe on the appropriate uses. Until Council decides what to do with the road and the costs of doing so, it is premature to make a decision. Mayor Kranstuber asked why this is not being handled at the staff level. Mr. Hansley responded that staff negotiated for over two years what they believed to be the best deal, and the members of Planning Commission are not satisfied. The key factor here is that Council will have to amend the Thoroughfare Plan to change the right-of-way requirement. However, a road that is not designed to carry the traffic is destined to fail five years from now. Ms. Hide Pittaluga stated that she is concerned with negotiating expanded uses for this site, especially in view of the process underway currently for the overlay district in the southwest area. She agrees with Mr. Smith that ifthe right-of-way is needed, the City should take it. Mayor Kranstuber asked for clarification of the staff recommendation. --- Mr. Helwig responded that staff negotiated with the developer that they would donate to the City 2.5 acres ofland for the right-of-way in order to comply with the Thoroughfare Plan as adopted in the Community Plan. In regard to the stub west of Wilcox on Tuttle, the City would pay 40 percent of the construction costs and the developer would pay 60 percent. This was forwarded to Planning Commission for rezoning, and the applicant was seeking nine additional uses for those comers. Planning Commission balked at this and referred it to a subcommittee. Since that time, staff has not been involved. The deal recommended by staff was worked on by Ms. Clarke, Mr. Kindra, and himself with Mr. Hansley's concurrence. It gave the City the necessary land at no cost, an agreement on the extension of the road to the west, and provided additional land uses. Staff felt this was a good compromise. Some residents in the southwest were opposed to any retail at that intersection, and there was no resolution on the issues. Staff has not been involved with this matter for three months. I HI '!i1 . ... ., ,j"iiIE I .1 i '. ~l]'HI1'!"r!!'''r'!11:nml'lli'llf;'~WI'Tl''.t!jIt)l: I, I' '1 RECORD OF PROCEEDINGS ~~@mQm~~QQm~~mQm~~~mPff'QPffPffQw~~Pffm~~M!!2:!:!!~~~~2mL_'~PffPffPffWQ@~'Pff~~~mPff~~~'TIu15TinufyQCOunciT1V[eermg~Pff'PffN~N~Q~QW~-~Pff~mW~=mNPff'Pff~agewTcrPff'Pff-~~~Pff~ Ml:,et!E,g~~,w~WQWW~WW~ww DAYTON LEGAL BLANK CO. FORM NO 10148 Held Febmary 1, 1999 19 Mr. Hansley added that the letter of intent executed by staff is the way business has been done in Dublin for the past 15 years. Planning Commission has always asked for information about the roadway construction and funding in conjunction with their review ~ of development proposals, and staff has provided this. From staffs perspective, this proposal was handled in the same manner as proposals have been handled over the years. The letter of intent merely indicates that upon favorable rezoning, staffwill recommend that the road is funded and constructed as outlined in the letter. In this case, the key issue is the width of the road desired by the City. From the standpoint of economics, the letter of intent with this proposal is the least costly way to construct the road. Mr. Reiner stated that if the developer was to pay for five lanes of roadway, they should pay for five. He does not understand the issue. Mr. McCash responded that this is part of the debate. The current proposal before Planning Commission will likely be disapproved and the applicant will then come to Council requesting an override. From his standpoint, it was a surprise to see a letter of intent signed and executed stating that, subject to approval of rezoning, the City will be given the additional right-of-way and the City will reimburse 40 percent ofthe road costs. Mr. Hansley reiterated that it has long been the City's practice for staff to negotiate letters of intent, subject to approval by Planning Commission and Council. Discussion continued. Mr. McCash commented that the developer has indicated that if the City pays them for .r--., the right-of-way needed, they'll proceed with their plan as it is already zoned. This seems to indicate that the plan is still viable. Mr. Smith noted that the issue will be with the value of the right-of-way as determined by the City's appraiser. The simple solution is for the City to purchase the 2.5 acres, and for the developer to build what is already approved. Mr. McCash stated that if Council rejects these options, Planning and Zoning will proceed and the proposal will come to Council with either a favorable or unfavorable recommendation. Mr. Adamek indicated that he is supportive of allowing the Planning Commission to do their job. The developer should not dictate how business is done in the community. Mayor Kranstuber suggested that Planning Commission come up with another option. Mr. McCash responded that they do not want to discuss another option. Mayor Kranstuber repeated the motion on the floor, that Council reject the three options provided by the developer. - Vote on the motion - Mr. Peterson, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. I Reiner, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. Council Round Table/Committee Reports Mr. Adamek congratulated Ms. Grigsby and her staff for receiving a Certificate of Achievement for Financial Reporting. Mr. Reiner congratulated Ms. Grigsby as well. He noted that the recent Employee Recognition Dinner was a very enjoyable event. Mrs. Boring: 1. Invites everyone to join her under the new "tree" at Scioto Park - the City's newest cellular tower. 2. Provided a brief summary of the Administrative Committee action of January 25. i I Ii 'I I I I Ii II' 'Ii .ll'H~~~'jtHUil'H.:ii""; !",I~M.!Il~~"'IfI!H"II-'''HtW'H-.'It>,1~ijt<.:t,'iliifH~ t I I RECORD OF PROCEEDINGS ""QQ_~~'Q_Q_d_Q_~~'~_~_d'Q~_"'~Q_QMi~l!.!~~_d oL~-_d~~Q~'~~-'-~Q~'-~UTiDI1n-cjI)7~ounCli'K:reaIng-d~Q-~H__d_Q~Q-~--~eTr~-Q'~-_H_~_MQ~!:1h~gQ~Q__d__H_~_~ DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held Febmary 1, 1999 19 Staffhas recommended, and the Committee concurs with abolishing the Transportation Task Force. Mrs. Boring moved to abolish the Transportation Task Force as recommended by the -- Administrative Committee. Mr. Reiner seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. 3. A second recommendation comes from the Committee that Council refer to them the charge of working with staff to develop policies and procedures for roadway project development. Mrs. Boring moved that Council refer to them the charge of working with staff to develop policies and procedures for roadway development. Mr. McCash seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mayor Kranstuber, yes. 4. The legislation regarding restructuring of boards and commissions was also reviewed, and the Committee will meet on Wednesday evening at 6 p.m. to finalize the changes before it is forwarded to Council for first reading. 5. The Committee also reviewed the present application form and would like approval from Council to work with staff to revise the application form. Mrs. Boring moved that Council direct the Administrative Committee to redesign the application form for boards and commissions. Mr. McCash seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. McCash, yes. ,...--, 6. The Committee has asked the clerk to advertise for board and commission applicants. Dates proposed for interviews are Wednesday evening, March 10; Saturday morning, March 20 beginning at 8:30 a.m.; and Monday evening, March 22. Those serving on existing boards and commissions will likely be appointed to some of the new ones if they so desire, but Council needs to allow time to interview all candidates. 7. The Committee will discuss the goal setting agenda with Dale Bertsch on Wednesday evening, and all Council members are invited to attend. 8. On February 24, Council has scheduled a dinner meeting and work session with the members of Planning Commission and the Board of Zoning Appeals. This will take place in the Senior Lounge at the Rec Center at 6:15 p.m. 9. Stated that she would like to raise an issue with the Law Department. A couple of years ago, the Law Department advised the City that the pre-Planning Commission meetings with some of the members should be discontinued as there could be a violation of the SunshiI;le law with such meetings. Mr. Smith clarified that the opinion rendered was that a pre-meeting of the Planning Commission would have to be advertised as a public meeting because discussion was to take place about items scheduled for the upcoming public meeting ofthe Planning Commission. Mrs. Boring continued that a couple of weeks ago, a Council executive session was held for land acquisition matters. Prior to that time, some Council members r-. were called in to meet with staff separately on the same matter. How can this be i permitted, if the pre-meeting ofP&Z was a potential issue? I r Mr. Smith responded that the meetings in question were held by the City Manager to disseminate background information to Council members about the history of a project. The purpose was not to discuss information to be presented at the executive session of Council. Any member of Council can individually call upon staff to schedule a meeting for such a purpose. If the issue is whether any provisions of the Sunshine law were violated by the manner in which business was conducted, they were not. However, if there is an issue about the way in which the Manager disseminates information to the seven Council members, that is a subject that Council should discuss with him as a personnel matter. I I !I .Ii .:ilL I I ; I j, i', '",..' ,vrr ;1~r"il'F'''-Nl'l'IW!lm!ilI'~nllm'.,+I: l' :," nt:m!wt"Il'!<~"11 "'f ~1$;M'F:II1,,"'jjlf:l",,~:'ii~if';" --t-'I":: I RECORD OF PROCEEDINGS Minutes of Meeting ~M~~""Q"#~#Q"~Q"~~_~#~"_"mQ~#"QQ##~Q"#MQ~"M"#MQ~M"~M'M_MM"#"MQMQQQ#~##M4~M#~~Uu15TinT::it5TtounCif1\lfeeTrii1r"'#"#MQ'~'##Q'M_#MH~#Q~~#~H"Page"rrH'###_~~~QM~~_~~#M~#~"Q"Q#H~QQ~~"#,,,# DAYTON LEGAL BLANK co. FORM NO. 10148 Held F~hr1l::lry 1, 1999 19 Ms. Hide Pittaluga stated: 1. Congratulations once again to Ms. Grigsby for the Certificate of Achievement in Financial Reporting. .- 2. Congratulations to Council Member Reiner who took top honors in this year's Ohio Environmental Beautification Program. He swept the competition by winning seven awards this year, inCluding the grand award for his design and construction of a Japanese Garden. 3. Ms. Johanssen of the Dublin School Board called her regarding her role as City Council liaison for the Board. There are some issues that may warrant meeting with the members ofthe Board, i.e., the Community Plan and the City processes, and she encourages Council members to contact Ms. Johanssen. 4. In regard to the memo about the City's ditch enclosure program, it was likely generated in response to a citizen's letter. Should this discussion be a part of the storm water meeting in view of the financial impact of the issue? Mr. McCash responded that the memo was generated in response to his inquiry about ditch enclosures in the southwest area and the timing ofthese improvements. Mr. Helwig noted that the City presently allocates $50,000 per year for this purpose, and it will be increased to $75,000 in 2001. Mr. Reiner suggested that Council have the storm water presentation, followed by their discussion. If there is time remaining, this issue could then be discussed. Ms. Hide Pittaluga clarified that she is not proposing to alter the list of enclosures and their priority, but instead to consider a different level of funding for the program. ..-- 5. A letter was received by Council from the Dublin branch library manager, Sally Edwards about the difficulties encountered recently with parking because of the increased parking demand due to restaurant business in the area. The letter indicates that the library may have to enforce towing if the signage does not discourage non-patrons from using the library parking lot during library hours. Mayor Kranstuber asked if anything is being done to arbitrate this. Mr. Helwig stated that a meeting was held last week, convened by the Planning staff, to receive input from all sources in Old Dublin about the parking issues. The library was represented in that meeting. The hope is to come up with some district-wide solutions in this process. Mayor Kranstuher commented: 1. Mr. Lenz, Chief Building Official who is retiring in May, will be very much missed by the City. 2. Americast recently has been installing cable in his neighborhood and there have been many problems with cutting of sprinkler lines, gas lines, etc. The residents were pleased, however, with the responsiveness ofthe Service Department to these problems. He is pleased to have the Americast system in Dublin. Mr. McDaniel noted that he is meeting with the Vice President of Engineering for Americast of Ohio, and they will be doing site visits to resolve some of the complaints about the installations. 3. He will be traveling to Cleveland in the late a.m. on Saturday, February 20 and will therefore miss a portion of the goal setting. He is hopeful that he can be present for the most critical portions of the agenda. 4. He recently attend the U.S. Conference of Mayors, and much discussion took place regarding the benefits of the arts and humanities programs for cities. A second popular item was the "millennium", and cities are being encouraged to recognize the millenium event with special programs, i.e., tree plantings to historic preservation efforts or natural preservation efforts. This brings to mind his previous suggestion of an updated history of Dublin, perhaps to be coordinated by the Dublin Historical Society, if appropriate. The theme of the millenium is to honor the past and look forward to the future. Mr. Reiner suggested redesigning the City's flag in honor of the millenium. I I! II i :I::I:UIII: i "~"~I,,,,, HHili I RECORD OF PROCEEDINGS "~~M4~~M4'4~4M~~MNMmM4MMm4MM~~MM1!l~~m~~M2L~~4~4~4~M~4d~-~MM~~~TIri1JliifMCrryrouncirlVreeling-dd-d_MMMd_M~MM~~&'l'ageTrM_MMM~MM'M'_d~E!!!~K,~,'~mmM'md'~m' I DAYTON LEGAL BLANK CO FORM NO 10148 Held Fp,hm::lry 1, 1 QQQ 19 Mrs. Boring wished Ms. Grigsby a Happy Birthday! The meeting was adjourned at 10:30 p.m. ,-, {!!:(!!/ ~&-~ Clerk of Council r - '"'~-----.. 1 1 :11 :11 .iii I i ii