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HomeMy WebLinkAbout05/17/1999 '1,'-iI RECORD OF PROCEEDINGS "'~ffQ,~,~,,~,~,~~~,~,~~~~~,~~Mi!l~~of '~~~'~~~~'m_m~~-"Dtf5TirrCTI\r'cm~~' 'I M :r~~~m,~~-~mffQ"mm~~~~~~mp'~'~T~~m'ffQmffQm~,~~m~eet!EJ~: u 111 1 Y ouncl ee mg age - mmm,mmm"mmm~mM AYTON LEGAL BLANK CO. FORM NO. 10148 Heir'! 1\ IL .. 1,.., 1 AAA 19 , Mayor Kranstuber called the meeting to order at 7:00 p.m. Mr. McCash led the Pledge of Allegiance. .....- Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. Adamek, Mr. McCash, Mr. Peterson, Ms. Hide Pittaluga and Mr. Reiner. Staff members present were: Mr. Hansley, Mr. Helwig, Ms. Grigsby, Mr. Smith, Ms. Clarke, Mr. Kindra, Ms. Dutey, Mr. Husenitza, Mr. Hahn, Mr. Hale, Ms. Bearden, and Ms. Heal. Approval of Minutes of Meeting of May 3. 1999 Mayor Kranstuber moved approval of the May 3, 1999 Council meeting minutes. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. McCash, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mrs. Boring, yes. Correspondence The clerk reported that no correspondence had been received requiring Council action. Citizen Comments Wallace Maurer. 7451 Dublin Road asked if there are any immediate plans to construct the Dublin Road bikepath from 161 north to Brand Road. Mr. Helwig assured Mr. Maurer there are no plans for construction of that portion ofthe -- bikepath this year. I Kara Allison. 5311 Shannon Park Drive noted that as a result of the Coffman Road widening project, much dirt and construction debris remains in her yard. In addition, in view of the fact that the condominium owners whose properties adjoin the intersection of Coffman Park Drive and Coffinan Road are subject to much noise and light, she asked if Council can consider mounding to mitigate the impact. In addition, egress from Shannon Park Drive is difficult during rush hour, and perhaps a sign prohibiting blockage ofthe intersection would be helpful. In regard to the parking lot expansion for the Rec Center, she and her neighbors believe that the green space in Coffman Park should be preserved and not sacrificed for 97 additional parking spaces to accommodate the Irish Festival and other special events. Mr. Helwig responded that landscaping of Coffman Road was not part of the original roadway construction contract, but was instead a change order. For this reason, the landscaping is only now being completed. Staff is working to have these completed before the Tournament. Mayor Kranstuber commented that the perception by the residents is that the roadwork has long been completed, yet the restoration work of the properties has been delayed. Perhaps better coordination of the two contracts is needed. ~ Mr. Helwig assured Council that staffwill visit the site tomorrow to ensure that the items , are addressed. , Mayor Kranstuber asked if enclosure of the drainage ditch for that area is scheduled. Mr. Hansley stated that this is not scheduled presently, but staff can obtain quotes for this work, if that is Council's desire. Mayor Kranstuber added that the properties in Shannon Park have been impacted by the high school student parking and the Rec Center traffic. For this reason, he asked that staff investigate the costs of enclosing the ditch, as well as the costs to mound and landscape this intersection. I I! illl' iW ill ji ", ,'., " RECORD OF PROCEEDINGS Minutes of Page T_"_~~eeti~g:wuu"u~"u""u,,uu u~"uuuU""_U~~"~"U"U"U"U"~~"U_"u~u"_u"~_,,~,~,,u"uu""_,~~~u""~,,uu'U~U~U"]jiI6Ti:nwut)TCOunciIlVI:eefing--'~~" DAYTON LEGAL BLANK CO FORM NO 10148 Helrl 1\ If, 1,., 1 (\{\{\ 19 , Mr. Helwig stated that staff will also investigate the possibility of a sign regarding blocking of the intersection as Ms. Allison has requested. - Karen Pierce, 7356 MacBeth Drive stated she has lived in Dublin 31 years and cares very much for the community. She has concerns about the possibility of sexually oriented businesses coming to Dublin, especially in view of the recent situation in Worthington. Sexually oriented businesses and their counterparts make up an annual billion dollar business. The people enslaved by pornography come from all walks of life and from all socio-economic levels. The story of Ted Bundy began with an addiction to pornography as a young teen. He indicated in an interview prior to his death that the one thing all death row inmates had in common was a strong and overwhelming involvement with pornography. Many families have been victimized by these criminals. Pornography dehumanizes women, men and children alike. Wherever sexually oriented businesses are located, crimes increase and property values'decrease. In Dublin, she would like to see the state laws regarding obscenity strictly enforced. In bookstores, she would like Dublin to ask the owners to cover the sexually explicit magazines and put them behind the counter so that children cannot access them. Tonight, she is urging Dublin City Council to direct Mr. Smith to draft legislation that controls the establishment of sexually oriented businesses and magazine stores in the City of Dublin. City Council has an obligation to maintain high standards to keep the community safe for children. While Council cannot keep these businesses out of Dublin, they can make it difficult for them to come in. Once they are established, after the fact legislation is extremely difficult to enforce. -- Mrs. Boring moved to direct Mr. Smith to draft model legislation to address the issues as summarized by Ms. Pierce tonight. Ms. Hide Pittaluga seconded the motion. V ote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes. Staff Comments Mr. Hansley reported that included in Council packets was a petition from residents of Hanna Hills Drive regarding provision of water and sanitary sewer service. He asked for a motion from Council to direct staff to prepare cost estimates for water and sewer service to this location. He indicated that the City would generally contract the work to be done and the costs would be assessed to the property owners. , Mrs. Boring moved to direct staff to prepare the cost estimates and discuss them with the residents. Mr. Reiner seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes. Mr. Helwig reported that Mary Bearden, Director of Economic Development has -.... announced her resignation from the City of Dublin in order to relocate to Arkansas where j she will assume the position of Development and Marketing Director for the redevelopment of Fort Chaffee. The City of Dublin wishes her well in this new endeavor. Her last day of service with the City will be June 4. Mayor Kranstuber commented that City Council is sorry to hear that she is leaving and wishes her the best. SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 30-99(Amended) - An Ordinance Providing for a Change in Zoning for 9.997 Acres Located on the North Side of Post Road, Approximately 500 Feet West of Commerce Parkway, from: R-l, Restricted Suburban Residential District, to: PUD, Planned Unit Development District. (Coffman Park Plan, Nyrop & Farrell Properties/File No. 99-030Z). (Applicant: City of Dublin, c/o Tim Hansley, 5200 i ' I I '1,1: ,II in '.... '. " j , - ;"'1;.:.<.1';<,'>':1 ..[':;h,;iHii",:.miHH\'llw''tI.rl'fHm:ljl'llJ;;~Hi'~'~'l1'~I''III U1:'mH:it,~Ht> !:j I RECORD OF PROCEEDINGS '_~"#~~~NQ~'~~N~#_,_~~_J~1#!E}l!~s w&#~#N~_~~~~m_Nm~~M"nno1inNCiTY~COUnclrrvree1ifig Q~m#m~~#N'~'~_M~~'~~m~~mmPageT~mQM~mm~MM~NQmmm#M!:,~l!.1:gQ~#~m_#MQ~m DAYTON LE AL BLANK CO. FORM NO. 10148 HeIn May 17, 1999 19 Emerald Parkway, Dublin, OH 43017) Ms. Clarke stated that this is the rezoning for an additional 10 acres to be added to Coffman Park. Coffman Park was rezoned to a PUD prior to the time of the building -. of the Recreation Center. There was some controversy with regard to that application, and the City's commitment to the community was that the property would be taken through the same PUD process as outside applicants are required to do and to be bound by that public hearing process for all future developments. The property was acquired this year from the Nyrop and Farrell families. The two properties constitute approximately ten acres to the west of the Rec Center. Initially, the plan was to expand the parking lot for the Rec Center. Phase 2 of the Rec Center was approved last year and is under construction now without an addition to the parking lot. The in-house staff committee assured the Planning Commission they would come up with a parking solution by the end of 1998. If the City had not been able to purchase these two properties, other options would need to be considered, i.e., shuttle parking, valet parking, or off-site employee parking, especially when the theater and the community room were both being utilized. There has been, however, a substantial amount of neighborhood opposition to this application which was amended at Planning Commission by reducing parking spaces. She then showed slides of the area, noting that the existing home still exists. The parking expansion began as 110 spaces and has been revised to 97 spaces. The rest of Coffman Park has already been zoned PUD. This parking lot expansion would include extending the mounding and landscaping treatment along the parking lot. The parking lot for the park would be a permissible use under the current zoning district, but staff took this through the Commission to ~ honor the commitment of allowing public input from the neighbors made at the time the Rec Center was first constructed. Planning Commission reviewed this application on two occasions and expressed concern with the parking lot expansion as proposed. They disapproved the final development plan, but recommended approval of the rezoning. The Commission indicated that a demonstrated need should be shown for the addition parking. Staff believes that the additional parking will be needed for day-to-day use of the facilities, not to accommodate special events. Mayor Kranstuber asked for clarification that what Council is considering tonight is approval of the rezoning of the additional 10 acres to PUD, not the parking addition. Ms. Clarke responded that is correct. This plan does show the additional 97 spaces, as the 110 spaces were reduced to 97 at the request of the Planning Commission. Mr. Smith clarified that Council is voting on the recommendation of Planning Commission to rezone the Nyrop and Farrell properties to PUD. Vote on the Ordinance - Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes. Ordinance 42-99 - An Ordinance Accepting the Lowest and Best Bid for the Dublin Recreation Center Parking Lot Expansion. r Mr. Hansley stated that Planning and Zoning Commission did take action on this matter i in the form of a disapproval of the final development plan. Council now has several options: to disapprove the ordinance, approve it, or to modify it in some manner. He pointed out that the low bid submitted will expire soon. He assured Council that staff believes that the additional parking is needed to accommodate the expansion of the Rec Center. Staff is recommending approval of the ordinance. Mr. Smith stated that if it is the desire of a majority of Council to install the parking lot, they should approve this ordinance and then vote on a motion regarding the recommendation of Planning Commission with respect to parking, in essence, to grant a variance to the City for this parking lot or to override the recommendation of Planning Commission. i ; I I ill. '. Ti;il,]il,i,; I in.. >!:.II I"", , 'I RECORD OF PROCEEDINGS W,~~~YmmmmYY~,mmYm#mMmm~##MmYm#m~ip.~te!L2L-_~#~mM_~#_~~m-U1.Th1ifiTit)T~CounCir7Vfeeting-M-~~m~~m~--~'PIrge zrm'Y~#_m#'M'mm~mm~~~}E]'m#mmhmm~_M'm# DAYTON LEGAL BLANK CO FORM NO 10148 ReIn l\,f. 1 "7 1 111111 19 , Mrs. Boring stated that Council does not have the minutes from the Planning and Zoning Commission meeting where this discussion took place. -- Mr. Peterson asked if there is any possibility of staff working with the Planning Commission to come up with a solution to resolve this prior to the next meeting of Council. Mr. Hansley responded that the Commission asked that staff meet again with the residents to come up with other options. In view of the favorable bid submitted for this project, he urged Council to vote on it tonight so that it can be completed this construction season. He believes that Council will revisit this issue at a later date because of the parking demands of the expanded Center. Mr. Adamek asked if the opening of Phase 2 is still on schedule. Mr. Hansley stated that because the steel delivery was delayed, the opening is a few weeks behind schedule. Mayor Kranstuber noted that Council can choose to disapprove the ordinance, and request that staff continue to work with the residents on a plan, recognizing that this bid will expire, or approve the ordinance. Mr. Adamek stated that since Phase 2 will not likely open until January, perhaps staff can revisit this, work with the residents to devise a plan, and have it bid late this year - for installation in the spring. Mr. Reiner stated he would prefer to negotiate a compromise with the residents such as increased buffering in order to move forward with the parking expansion. Mrs. Boring stated that she would prefer not to approve this until all other possibilities have been exhausted. Mayor Kranstuber stated that he is not comfortable in voting on this without minutes from Planning Commission or without an extended presentation from staff. In view of all of the concerns, Mr. Smith advised Council to defeat this ordinance and direct staff to seek new bids. Any modifications to the proposed parking lot would require a new bid in any case. Discussion continued. Mr. Hansley stated that the compromise is what staff is already proposing with the reduced parking lot. Mayor Kranstuber called the question. ~ , Vote on the Ordinance - Mrs. Boring, no; Mr. Peterson, no; Mr. Adamek, no; Mayor I i Kranstuber, no; Mr. Reiner, no; Ms. Hide Pittaluga, no; Mr. McCash, no. Mayor Kranstuber moved to direct staff to continue to work on this issue and to meet with the residents to assess the situation and devise a different plan for parking. Mr. Hansley asked for more specific guidelines about what Council is looking for in a solution. Mr. Reiner suggested more of a buffer for the adjoining area. Mr. Hansley indicated that the residents simply do not want a parking lot in their back yards - it is not an issue of buffering. I I Iii ,.. ,,' H.,. '"'H,,''' ;11 ):! !I :1 '. ," RECORD OF PROCEEDINGS WP~__dd__dd__~_~~~_~~'~~!! t~~~!_~dd_W_~~'~__dd_W-LJUt5trnaty"Cotmctrrv.reefffig~-~-~~__W_~ddpr(ge"5_WW'dd'dddd~_~___w~_w~ Me,~gw_w__w,~__w DAYT N LEGAL BLANK CO. FORM NO. 10148 Helrl 1\.f nu 1 '7 1 ()()() 19 , Mayor Kranstuber suggested that a subcommittee of Planning Commission work on ,...--, this. Mr. Hahn noted that Planning Commission is looking for a demonstrated need. In his view, the only way to demonstrate a need is to open up the next phase of the Rec Center, program it, and assess the parking availability. Redesigning the project is not the issue with the neighbors - it is the fact that they do not want a parking lot at all. Mayor Kranstuber moved that Council refer this to Planning & Zoning Commission to resolve it. Mr. McCash responded that a subcommittee can be convened to review this. Mr. Adamek stated that Council needs to make it clear that the properties were purchased in order to expand the parking. There is a definite need to add parking to accommodate the addition to the Rec Center. P&Z needs to understand Council's intent in this regard. Mrs. Boring stated that her recollection about the purchase of the property was that it was for additional green space as well as parking. Mr. Adamek added that Council will do a disservice to the residents of this community .......... if parking is not planned for this million dollar plus facility. He then seconded Mayor Kranstuber's motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Mr. Reiner commented that he would like to suggest to Planning Commission that they identify some way to modify the design or increase the buffering to make it acceptable to the residents. Mr. McCash stated that he will convey Council's wishes to the Planning Commission. What the Commission was trying to address was Council's strong desire to preserve the rural character of the community, particularly in residential areas, and to try to maximize the amount of green space. Ordinance 50-99(Amended) - An Ordinance Imposing Mandatory Campaign Contribution Limits upon Candidates for City Offices. Mr. Smith noted that the amendments made by Council at the last hearing have been incorporated into 50-99 and 51-99. They are now ready for a vote. Wallace Maurer. 7451 Dublin Road asked if this is the first legislation in the City ~ addressing campaign finances. i Mayor Kranstuber confirmed this, adding that state law also covers these matters. Mr. Maurer noted that he assumes that campaign finances cover things such as newspaper ads, posters, mailings, etc. Does the legislation limit campaign contributions for individuals or corporations? Mayor Kranstuber responded that only contributions from individuals are addressed in this ordinance - corporations cannot donate funds to campaigns. Mr. Maurer noted that he still has concerns that in view of the tremendous concentration of wealth in residents who could serve on the governing body of a corporation, there could be undue influence by these individuals. He pointed out that the state of Maine has a system where election funds are pooled and money is given out equally to candidates. This system could be used as a model for Dublin. i I I II ii,;j,!jll ;. ';If lPIIIU it 1:..1' !;1' +~; ;-l'_;J'~J ~'l'lI':'~ittHINH~If1; '.; it 1, ~tmtll~l:ii}Ir_'*,IU, I i'!J:'1I i RECORD OF PROCEEDINGS ~=--~'N_==-=~QQ~-~,--~-~~_JY!iEEj;!~_2~L~_~__-~---UU15tifCCity"Cou:riCrr1V[eefing~-~'-_~_N~_~--'~PageoN'~~~~~_NU~UN_N'Q__-NUNU~~~,!!!1.s~UUNUN'~'_~~'~ DAYTON LEGAL BLANK CO.. FORM NO 10148 Hekl May 17, 1999 19 Ruth Reiss. representing Citizens for Dublin stated that their group has met since the last hearing on these two ordinances. They urge Council to approve Ordinance 50-99 as amended. In regard to Ordinance 51-99, they urge Council to delete the thirty day - prior to election filing deadline and instead require a single combined publication of the 30 day prior report and 10 day prior report the week before the election. On a related matter, the Citizens for Dublin group also urges Council to push forward the ethics ordinance to address issues of City officials profiting from public business and conflicts of interest for contractors who work for the City. Mr. Smith stated that the 30 and 10 day report filing requirements were designed to disclose contributions at dates different from what is required by state law. In regard to the ethics manual, staff was directed previously to work with Mrs. Boring on this matter. Ms. Reiss agreed to contact Mr. Smith to discuss the ethics manual further. Mr. Peterson noted that his comments are directed toward Ordinances 50-99 and 51-99. The issues involved go to the very core of democracy - to freedom and everything that America is about. The concern he has is that it will superimpose this body or another body's judgment over that of the voters. Candidates should be required to disclose their source of finances and the amount, and perhaps even the occupation of those who contribute if the concern is undue influence. The voters can then make their own determination of how to vote. This country was founded on the premise of one person, one vote, providing for independent judgment on the issues and candidates. He does - not support limiting the amount of contributions, but rather requiring disclosure of the source of contributions. Therefore, he will vote in favor of Ordinance 50-99 and against Ordinance 51-99. Ms. Hide Pittaluga noted that she agrees with Mr. Peterson. There are constitutional rights involved with limiting campaign contributions, and doing this on a local level is not the best approach. She supports this in concept, but legally, it will not withstand challenge. She fully supports the ordinance requiring disclosure. Vote on the Ordinance - Mr. Peterson, no; Mr. Adamek, no; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, no. Ordinance 51-99 (Amended) - An Ordinance Imposing Mandatory Campaign Finance Disclosure and Publication Requirements upon Candidates for City Offices. Mr. Maurer asked for clarification about the 10 and 30 day filing requirement. Mayor Kranstuber responded that state law does not require media to publish the reports, and this ordinance will require that the City of Dublin publish the reports on these dates. Mrs. Boring noted that in Section 4, does the aggregate total need to be included? Mr. Smith responded that this mirrors the state language and will make the process - easier. Mrs. Boring noted that Section 6 is very specific about the local papers in which the reports shall be published. Couldn't this be more general? Mr. Smith responded that since elections are scheduled for this year, and because the two local papers will not change prior to that time, staff would recommend leaving this in place. Mrs. Boring indicated that she supports having both disclosure reports published separately rather than combining them, as it will reach more households. Mr. Peterson asked if it would be possible to require that donors list their place of employment. Mr. Smith responded that this would constitute a first amendment issue. ! 1 I I.J 'nt'itl:: .'dUE!!I! jilt. tiI.1 i H'! il. , ! , '" I'Y, Ir,'''"lr''~I''t''I'~jnnftk1 .'!l'IIl;.lflb1_1lI'!iH'\.~IlI" ;! : "1"J1-l'Il.1ltt'~,'tI'__;n;:'II"" "t1i~I",'!" !n\",.111H"'"1-' "111.'1:<" Ii 'I RECORD OF PROCEEDINGS -~~~#P'""~b~~#P,,_~~!EE1~1!_Q~~'-~-~"~"~-~~-Q"-~"uut5rrirCrfYU)UiIClrlvreeu.ng--b~~b#Pb~~"~7agel--Q'bQ"--~b~'~-'b~--~~~tiE,gb#pQ_Q~Q"_"~_~ DAYT N LEGAL BLANK CO. FORM NO. 10148 Held May 17, 1999 19 Ms. Reiss commented that Council needs to take into consideration that a portion of Dublin does not receive the Dublin newspapers when they are setting up the administration of the ordinance. ,,-, Mr. Hansley confirmed that staff will address this. Vote on the Ordinance - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, no; Mr. Peterson, yes. Ordinance 53-99 - An Ordinance Authorizing the City Manager to Enter into an Agreement with The Daimler Group for a Sanitary Sewer Extension for their project known as "The Preserve" located at Frantz Road and Tuttle Crossing Boulevard. Mr. Helwig stated that staff is recommending that the City fund approximately one- third of the cost associated with extending the storm water and sanitary sewer to the eastern border of this site. This $27,400 would come from the sewer fund and not the general fund. Vote on the Ordinance - Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 49-99 - An Ordinance Authorizing the City Manager to Execute an Easement Granting to Terra Nova IV a Perpetual Fifteen (15) Foot Wide Drainage Easement, Located South of S.R. 161 and Northwest of Shier-Rings Road, City of - Dublin, County of Franklin, State of Ohio. Mayor Kranstuber introduced the ordinance. Mr. Hahn explained that this provides a drainage easement for a parcel of land that is east/northeast of what is referred to as the stadium site. Mr. Petty had worked with the property owner on this matter, and this was determined to be a viable means to remove the storm water off the site. Mr. Smith stated that this does not in any way affect the development rights on the City property. Mr. McCash noted that since the Terra Nova property is not within the City of Dublin, they are actually asking the City to provide a drainage easement on City property to serve property located outside of Dublin. They would also not be required to comply with the City's storm water regulations. Mr. Hansley stated that this is correct. However, as the affected neighbor, it seems practical to assist them with this storm water problem. Mr. McCash stated that it seems there would be a cause of action against this property owner for storm water discharged that is not handled on their site. Mr. Smith stated that an engineer who is no longer employed with the City made this recommendation, and there was no legal review. The property owner is present tonight. John Ullman testified that he is not an owner of the Terra Nova property, but is a real r- estate agent who has worked on this property for some time. This easement will f service an area of about two acres of storm water, and they are attempting to run an 8- inch tile to a low lying area close to Cosgray Road, and take that tile to the beginning of the Indian Run ditch. The problem is that they are adjacent to the Fishel Industrial Park, and the Park has a 4-foot high landscaping mound which acts as a dam. The water has nowhere to go. They have tried to go through the Fishel Industrial Park, but this is not feasible. Lots No.8 and 9 on the map have denied them an easement. Mr. McCash asked Mr. Kindra if it would be reasonable to ask them to comply with the City's storm water regulations on this site in exchange for granting the easement. Mr. Kindra responded that he has not been involved with this issue and could not make a recommendation at this time. Mr. McCash asked that staff look into this prior to the next reading. RECORD OF PROCEEDINGS '~Q~~QQ~k~Qm_H~h~~_Q~__h~MiIl1;1 t~!-2!~-~~---~-~~-~rr~D1ii1Cir-COUiiCiTNIel Meeting u III Ity ounCl ee1ing ----Vag~~~-~~--'-~--~--~-~--Q-~~-'~~m'Q~-~~~~m DA ON LEGAL BLANK co.. FORM NO, 10148 Heln l\/r "" 1 '7 1000 19 , Mr. Smith asked for clarification if what Mr. McCash is suggesting is that the applicant agree, as a non-resident of Dublin, to comply with Dublin standards by agreement. Mr. McCash responded that he is suggesting this because what happens on this site will ~ affect the Dublin property. Mr. Smith stated that it will be necessary to discuss this possibility with the property owner prior to the next hearing. Mrs. Boring asked that a map be provided for the next hearing, including the tree lines and power line locations. There will be a second reading/public hearing on the ordinance at the June 7 Council meeting. In a related matter, Mr. Hansley stated that the 44 acres in this area are now annexed to the City of Dublin. This has all been approved and recorded by the Franklin County Commissioners. Ordinance 55-99(E) - An Ordinance Authorizing the City Manager to Execute an Agreement with American Electric Power (a!k/aJ Columbus Southern Power) to Provide Assistance and Payment for the Substation Relocation in Connection with the Emerald Parkway Extension, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Helwig stated that in August of 1998 with adoption of the five-year CIP, Council directed that the segment of Emerald Parkway between Perimeter and Innovation Drive r--> be expedited. Beginning in September, City staff began negotiations with AEP officials regarding a joint design which would accommodate the relocation of the AEP substation which will be necessary for the construction of Emerald Parkway. Emergency legislation is being brought to Council tonight in keeping with the timetable listed in Exhibit C. Consultant Paul Blaser has worked on this matter with staff. The cost estimate is $545,000 for land and easements, including green space to the east; $605,000 to bury the distribution lines; and $2,015,000 to relocate the control house and associated facilities. The burial of the transmission lines would require another $2.2 million over and above, and is not being recommended by staff. In the approved CIP program for this segment, $2 million was programmed for land acquisition. However, even without the Stanley Steemer and Thomas properties, the estimate is already over $3.1 million. Therefore, an adjustment will be needed in the CIP. The appropriations for this year are adequate, but additional appropriations will be needed in the fiscal year 2000. Staff is recommending emergency action due to the fast track for this project. Mr. Smith commented that the negotiated numbers are more favorable than what would have resulted from appropriation cases. Brief discussion followed about the route of the roadway and the options that were considered. Mayor Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. ~ Mr. Reiner seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. V ote on the Ordinance - Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Mr. Hansley commented that staff and AEP officials have worked together very effectively on this matter, as well as the David Road substation, the Willow Grove utility relocation, etc. Ordinance 57-99 - An Ordinance to Accept the Lowest/Best Bid for the 1999 Street Maintenance Program. :1:11"'1'1' 'I'::i'rtUI1F1I11,1!; , 'lI"".rv'J""",",~c::iY~'" li I RECORD OF PROCEEDINGS ,~~~~~~",~,,~~=~~~_~,,_MiBl!te~,,=9f ,~-,~~,~~~~~~u~~u~~U~ilJlif-~-it1Yreel-=--~~'u_-,u_~~ Meeting u m 1 y ounCl ee mg age ==~_~_~~u___~~,_~==" =u=,~~~_~~, DA'YTON LEGAL BLANK co. FORM NO. 10148 HeIr! 1\ If ~. 1 '7 1 000 19 , Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that staff is recommending other than the low bid for this project and asks that this be held over for public hearing. r-: Mr. Smith commented that as a result of due diligence, staff is recommending other than the low bid. The low bid company will likely be present at the next Council meeting to challenge this award. Mr. McCash asked for clarification about the fourth "Whereas" clause and reference to relocation of utilities. Mr. Kindra responded that this is standard language, but not necessary for this contract. It can be eliminated if Council desires. There will be a second reading and public hearing of the ordinance at the June 7 Council meeting. Ordinance 58-99 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1999 for the Purpose of Acquiring Right- of-Way for the Rings Road Improvements Project. Mr. Smith noted that this ordinance should be deleted from the agenda and not introduced. There is no need for it at this time. Ordinance 59-99 - An Ordinance Providing for a Change in Zoning for 25.826 acres Located at the Southwest Corner of Tuttle Road and Dublin Road, from: R- df1i-. 1, Restricted Suburban Residential District, To: PLR, Planned Low Density Residential District (Wuertz Property/File No. 99-055Z). Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning Commission. Mr. McCash seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 28-99 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 1.5+ /- Acres from Washington Township, Franklin County to the City of Dublin, Ohio, as Required by Section 709.031 of the Ohio Revised Code. (Petitioners: Timothy M. And Kimberly D. Schiff) Mrs. Boring introduced the resolution. Mr. Hansley stated that this resolution must be acted upon by Council prior to the hearing at the county commissioners, in accordance with state statute. Vote on the Resolution - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. McCash, yes. OTHER Craughwell Village - Easement Dedication and Vacation Plat Mr. Kindra indicated that staff is recommending approval, as outlined in the memo. Mayor Kranstuber moved approval. Mr. Adamek seconded the motion. Vote on the motion - Mr. Peterson, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, abstain. Wall Street - Easement Dedication Plat Mr. Kindra indicated that staff is recommending approval, as outlined in the memo. Mayor Kranstuber moved approval. Mr. Adamek seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, abstain; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes. i · I I ,i J f "n.I.1i! I ii. ' '. ~"U""'~".' ,0(. ~'''' '~;'''l!~rFj'I~'-'~'Wl!t.".l1',1''1m :>~f T T;:'ll..lfll~lor,'Il:''''WIU''1 ~I'l!'n': .. 111l',f~~:I,A.'.,~';': (;. I I RECORD OF PROCEEDINGS "'h_..mmHmm_mH_~._~mm_~_Min Y t~~~2.L~_mHm~H_mmmH_._m'-rrii15nlrCir:YC01.lIrclnvreemrgm_._m_hmmm~m_~m---m"ag~_mmm"m__m~m~~!~!l~g~m_~_.._. DAYTON LEGAL BLANK CO. FORM NO. 10148 Heln May 17, 1999 19 Final Plat - Shannon Glen. Sections 1 and 2 Ms. Clarke indicated that the final plat for Shannon Glen, Section 1 has already been ---., approved. Tonight's action involves only Section 2. For Westbury, tonight's action relates to the final plat for Section 3, Phases 1 and 2. The approval of Planning Commission of the final plat for Shannon Glen, Section 2 included 10 conditions as outlined in the Record of Action of the Planning Commission of January 19, 1995, and they have been fulfilled. Mr. Adamek stated that the large draft shows a site that does not abut A very Road, yet in the text, the site abuts Avery Road. He asked that she explain this. Ms. Clarke responded that at the time of P&Z review, this was shown as the entire subdivision including both sections. Section 2 is but a part of the entire subdivision. Mr. Adamek moved approval of Shannon Glen, Section 2 with the conditions of Planning Commission. Mr. Peterson seconded the motion. Vote on the motion - Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Reiner, no; Mr. Adamek, yes; Mr. Peterson, yes. Final Plat - Westbury Section 3. Phases 1 & 2 Following Council's brief discussion about the fact that Phase 2 was not advertised on the agenda, the applicant requested that Council proceed with review of Phase 1 tonight and ~ delay the Phase 2 review until the next meeting. l Final Plat - Westbury Section 3. Phase 1 Ms. Clarke stated that this is the final plat for Section 3, Phase 1 and includes 35 lots, lot numbers 32-66 which are located south of Brand Road, approximately 1,000 feet west of Avery. This section is approximately 22 acres, and it was reviewed by Planning Commission and approved with 22 conditions as outlined in the Record of Action of AprilS, 1999. Most ofthe conditions are those carried over from the preliminary plat, and are attached to ensure that they stay with the application all the way through the system. Only conditions 1 through 5 are related specifically to this final plat. Staff is recommending approval. Mrs. Boring asked if there are any notes on the plat in regard to utility providers. Ms. Clarke responded that they are included. Mayor Kranstuber moved approval of the final plat of Westbury Section 3, Phase 1. Mr. Adamek seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Final Plat - Westbury Section 3. Phase 2 r- Mrs. Boring asked if Council can proceed with review of the final plat for Westbury Section 3, Phase 2 without advertisement. Mr. Smith responded that it has been Council's policy to advertise such items on the tentative agenda. Mr. Hansley clarified that the Charter requires only that resolutions and ordinances be advertised. Mrs. Boring moved to approve the fina1 plat for Westbury Section 3, Phase 2 with the conditions ofP&Z as outlined in the Record of Action of AprilS, 1999. Mayor Kranstuber seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes. - il...'I RECORD OF PROCEEDINGS -~~-~~~~~~~~~~~~~~~~~~~~inl!te~~[~~~h_h-~-h~TIrilJITilCi1vTZu~-nvreen~~~~~~~ff~~~_~~- p 1r Meetin~ u 1ll 1 Y ouncI ee mg ~ff age ff~_~~~'_~~~'~~~~ff~_~~ ff~~'~ff~ff'~ff~ff~ DAYTON LEGAL BLANK CO. FORM NO 10148 Held May 17, 1999 19 Council Round Table/Committee Reports Mr. Peterson commented: 1. In regard to the traffic signals on Avery/Muirfield and their flashing sequence for ",..--, the evening, would it be possible to adjust them from 9 p.m. to 1 0 p.m. on weekends when the traffic is heavier during evening hours? Mr. Kindra responded that he had recommended that the signals go on flasher at 10 p.m. instead of9 p.m., seven days of the week. This should allow time for most of the traffic to exit the shopping centers safely. There were many complaints about safety issues when the signals changed to flash at 9p.m. 2. The Southwest Traffic Task Force meeting went well and he is appreciative of everyone's efforts. 3. He received a questionnaire from the City auditors regarding "related party disclosure." The language in the questionnaire is confusing, and he asked for clarification. Mr. Hansley responded that what they are asking is whether a Council member has any relationship to a contractor who does business with the City. Ms. Hide Pittaluga commented: 1. She has received complaints about maintenance ofthe school athletic fields, and asked that the City help to communicate this to the schools. 2. Compliments to the Law Department in general on all of their recent memos and research. ......... Mr. Reiner noted that he has some questions and concerns about the revised proposal submitted to Council for the St. Patrick's Day celebration in 2000. The $8,400.00 in parade materials seems quite high. Mr. Hansley stated that Ms. Doolittle is present to respond to any questions and to seek direction from Council. Staffis seeking approval of the revised proposal in view of the millenniwn celebration which has been planned for St. Patrick's Day 2000. Ms. Doolittle stated that the $8,400.00 is a standard cost for parade decorations each year. She noted that the revised proposal does include a formal luncheon with Council, and part of the decoration costs are for that luncheon. Staff is hopeful that a non-profit group will sponsor the luncheon as a fundraiser, and those costs will thereby be reduced. Mrs. Boring stated that she would prefer to have a discussion of the entire proposal versus individual line items. She had understood that Council's direction at the last discussion was that the event not be expanded. In particular, scheduling events on Friday afternoon would seem to interfere with school and work. Ms. Doolittle responded that St. Patrick's Day is treated as a holiday by many families, and for this reason, staff has planned events beginning at noon. They had also hoped to draw the employees from the Metro area before they leave for the day or go downtown to Columbus events. ~ ! Mr. Hansley indicated that because St. Patrick's Day falls on a Friday, there will be an 1 l expectation that Dublin, Ohio will have a big celebration. Dublin is often contacted by national media in this regard. Mrs,. Boring expressed concern that this event is very weather-dependent which is another factor in her concern about the size of the budget. Ms. Doolittle responded that staffhas planned for tents and will use the Wyndham Hotel to address these concerns. Mayor Kranstuber stated that he is seeking a sense of what four members of Council would like to do in this regard. I I I! ,I I i :,i i · ".-.-, ".,~ ~ "i"W "1'iHI.T'Il':'.'iHSlITJ1INl'lI!Wt.-11<nijf.l'''; /.; 'r 'm""WI"_tm,f'I~:W:,.: ~tH!'II':.!', Hi-Yln,-1-""i<;!<!j-,,' \,'.1," I RECORD OF PROCEEDINGS ~~<<"<<,~<<,<<,,<<,~~<<,~<<,~<<,~,<<,~,,~,<<,<<,~Mi!ll!!~~_,2L~<<,~~~~<<,__~,,,~~-uu15trff'Cily<<'COuricrnvreettfig'~~<<'-~-~'~~<<'~<<'''age1T~~-~~~<<,~lY-Ieetil}~<<',_~<<'<<',~, DAYTON LEGAL BLANK CO FORM NO 10148 Helcl May 17, 1999 19 Mr. Adamek commented that it will be difficult for many to attend a luncheon event. Mayor Kranstuber stated that the luncheon is designed to recognize the Grand r-- Leprechaun in a more formal setting. Mayor Kranstuber summarized that Mr. Reiner favors the proposal; Mrs. Boring does not; and Mr. Adamek has not decided at this point. Mr. McCash indicated that he supports the proposal. Ms. Hide Pittaluga stated that she shares Mr. Adamek's concerns, and would prefer to expand the July Fourth event versus expanding the St. Patrick's Day events. Mr. Peterson stated that he agrees that the noon start time is rather early. Mayor Kranstuber stated that he supports the proposal as submitted. Ms. Doolittle commented that the budget for the 1998 St. Patrick's Day event, which is more similar to what is being proposed, was $50,000, not including the $10,000 in the 1997 budget for deposits. Therefore, the 2000 St. Patrick's Day event is approximately $20,000 higher, and much of the higher expense relates to entertainment. Mrs. Boring stated that her concerns relate also to the fact that the Chamber event has been discontinued and that the responsibility and funding for St. Patrick's Day events now fall to the City. It seems that the Convention Bureau should share in this responsibility. ...--.. Ms. Hide Pittaluga suggested that she could support this for the millennium year, but would not want the event expanded in following years. Mr. Adamek suggested that the start time for the events be moved from noon to 5 p.m. Ms. Doolittle indicated that the cost reduction for the events would be minimal with this change. They would still plan to have a special reception for the Grand Leprechaun, but it would likely be in the evening. Mayor Kranstuber moved to approve the proposal as submitted, but with a revision of the starting time to 5 p.m., and with the recognition that this is a special event for the millennium celebration only, and that some type of special recognition for the Grand Leprechaun be included. Mr. Adamek seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. '" Mrs. Boring commented: 1. She believes that Mr.,Husenitza is making light of technology and Y2K readiness in his memos, and therefore she tends to disregard them. Mr. Hansley responded that Mr. Husenitza has been successful in implementing the - City's technology program with his humorous approach. ; , I 2. She asked for confirmation that the City staff is being asked not to take vacation I over New Year's. Mr. Hansley responded that this is correct. Tq.ere will be a Y2K emergency operations center activated over the holiday. Adjustments will be made to schedules to allow for delayed vacations. 3. In regard to the sign code, did Mr. Smith contact Mr. Jones about the campaign signs? And what is the status of the model ordinance regulating ballot issue campaigns? Mr. Smith responded that he has contacted Mr. Jones and is waiting for some documents. The research on the ballot issue campaigns will be forthcoming. 4. She has been working with Ms. Bearden on a presentation for Council regarding the Mt. Auburn study. This would require some funding approval by Council. .. , . I I" I! 'I! J '" """" I ii' I ., I! "f! "q''''''II'.'f1'~''''tf>''~'''''n~'~'''Fr'1lf''rHV1W' ~':..,,, :!:HHm'f.1:'\IF>ll"I~:'tN~""'r '.IWm~1':':J'r.;:1tll:.,f I! .j. . ',1 RECORD OF PROCEEDINGS Minutes of ~~c:11~mg"'M"'hHhH"~mffmhH' .w'-nh',wQhW->P/->->_,,wp/,*,,PP.w_QM'M ff ~-~-~~~~'hHH_~'-nul5Tffi~CitYCouncl1 N1eetifig~-~~-~ff_--page 13 DAYTON LEGAL BLANK CO. FORM NO. 10148 Hel 19 Ms. Bearden stated that as a follow-up to goal setting, Mrs. Boring asked that Council be provided with some sort of synopsis to update them on how the Mt. Auburn study was incorporated into the Community Plan. The original authors of the study have indicated ,- their willingness to come to Dublin for a day to have a session with Council to educate them and update them on the study and the analysis. She received a proposal and the proposal was forwarded to Mrs. Boring for presentation to Council. The cost would be approximately $6,000. Mrs. Boring moved to authorize this expenditure for the session. Mr. McCash seconded the motion. Vote on the motion - Mr. Adamek, yes, Mayor Kranstuber, no; Mrs. Boring, yes; Mr. Reiner, no; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, no. Mrs. Boring indicated that she will work with staff on scheduling this session. 5. She attended a recent ribbon cutting at the new Air Touch facility a couple of weeks ago. She enjoyed the event and they were very gracious hosts. Mr. Hansley added that Terry Tindall of Air Touch has agreed to serve as the Honorary Chairperson of the Irish Festival. Mayor Kranstuber commented: 1. Thanks to Mr. Hahn for his memo regarding the swimming pool slide. Mr. Hahn has worked very effectively with the residents on the fence issue. 2. In regard to the e-mails being sent to Council, he has concerns about coordination of responses from Council. ,...... Mr. Hansley agreed that there is no formalized system in place for response to e-mails. He suggested that the Administrative Committee work with staff to do this. Following discussion, it was the consensus of Council that for letters sent to the City Council web site, a response will be sent by the Clerk of Council to the resident indicating that their letter has been forwarded to Council. If individual members of Council need assistance from staff in drafting a response, they can request it. At a minimum, the letter from the City will acknowledge that the letter was in fact forwarded to Council. 3. He reminded Council that the Nicklaus Art sculpture unveiling will be held at 5:30 p.m. on Wednesday, June 2. 4. Council will host a dinner for the Dublin School Board and the Dublin Chamber of Commerce on Thursday evening, June 3 at the hospitality tent at the Tournament. Mr. Hansley reported that Ms. Puskarcik will be returning to work on a part-time basis later this week. 5. Council has scheduled a meeting on Monday, May 24 at 7 p.m. to discuss the Southwest Plan. Mayor Kranstuber moved to adjourn to executive session for discussion of land acquisition matters and pending or threatened litigation. Mr. Reiner seconded the motion. ij---, Vote on the motion - Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, yes. Mayor Kranstuber announced that the meeting will not be reconvened following the executive n. The eeting w adjourned to executive session at 10:05 p.m. ~ ~~~ - Clerk of Council