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HomeMy WebLinkAbout06/21/1999 , I ' I' Ii, :<;1! :.!:tii1I.d!" '11~lBt::'ti1'1W~tH!liL~,t:UUttAW;j';tmil!r11~i'I1:~I:'H' ~'lN~''''~H'.~;t:!tlf't j: I I RECORD OF PROCEEDINGS Minutes of '" ~P~QPQ~~PQ_~~P~QQ~P~~"~P'~~P~P~P~~~'~ ,,~~~~ "Q"Q~~~~"PQP~~~~P"Q' M~pE.:~!~g~""'~Q~'~_Q_#Q'Q#" #_Q~~'~PP~~'PQ'P_'_~Q"PQ,~Q_"P_~QM~~,~~#Q_~_~~#~Q_##_~~~##_#_PQ-Q##_~-Q"QQ'~-Q_#~-~_P"P~'TIiiDrrnPCify~unclIlVfeef1ng Fage T DAYTON LEGAL BLANK co" FORM NO 10148 Held June 7, 1999 19 Mayor Kranstuber called the Dublin City Council Meeting of June 7, 1999 to order at A 7:00 p.m. Mr. Adamek led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Mr. Adamek, Mr. McCash, and Mr. Peterson. Ms. Hide Pittaluga and Mrs. Boring arrived at 7:15 p.m. Mr. Reiner was absent (excused). Staff members present were: Mr. Hansley, Mr. Helwig, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Mr. Harding, Ms. Clarke, Mr. Kindra, Chief Geis, Mr. Husenitza, Ms. Puskarcik, and Ms. Crandall. Approval of Minutes of Meetings of May 10 and May 17,1999 Mayor Kranstuber moved approval of the minutes as submitted. Mr. Peterson seconded the motion. V ote on the motion - Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes; Mayor Kranstuber, yes. Correspondence The Clerk stated there was no correspondence received which requires Council action. Citizen Comments( items not on the agenda) ,......... Chris Cline. representing St. Patrick's Episcopal Church, 7121 Muirfield Drive, stated that a PUD was approved for this site in 1986. The subsequently approved stormwater regulations for the City require a filtration pit which would be unsightly and expensive. The language in the stormwater ordinance states that no exemptions are permitted. The site does meet the requirement for storage of stormwater. He is requesting that Council exempt the church from the new stormwater ordinance because the PUD had received prior approval. Mr. McCash explained that at the time of plan submittal, it met all of the City's stormwater requirements. It is only the filtration component that is not met. Mr. Smith suggested that Council grant them an exemption, and have them grand fathered in as a pre-existing approved site. He will prepare a resolution if that is the desire of Council. Following brief discussion, it was the consensus of Council to have Mr. Smith prepare this resolution for the next meeting. Mrs. Boring suggested that sign-off be obtained from the adjacent property owners. Mr. Cline offered to do so and to provide the documentation to the City. Wallace Maurer. 7451 Dublin Road asked about the Dublin Road bikepath as it relates to the 200- foot setback issue on tonight's agenda. If the 200- foot setback is approved, the r--, future bikepath along Dublin Road may be a moot point. , Mayor Kranstuber stated that Ordinance 40-99 would not apply to public improvements. Additional discussion regarding the bikepath will likely be held in conjunction with the CIP budget hearings in July. James Jones. 7245 Achill Drive noted that a number of area residents have signed a petition in opposition to the recently installed stop signs on Sells Mill Drive. The traffic study done by R.D. Zande did not indicate that the criteria have been met for the installation of these stop signs. A vocal minority had petitioned Council for these signs and their efforts were successful. He has personally observed many cars not making a complete stop, resulting in a more dangerous condition for pedestrians. The reasonable and good intent to reduce speeding has led to something more ominous. He then , 1 .1 i ',1,1' ,""'" "",",i';;tilil I i I, TT 1 i il"1 .... ;'f'Ht::;lt'Wi~li:b:Ji1!H'i1I:!'t!l!M!t~t:H:im ::1 ifHfiilttlr:.j'toMo/:liIjl,j'i~~1,U-' .Uj,Jam+'ij1f,~ t I I RECORD OF PROCEEDINGS Minutes of lOill C' ~C~~~~~~#~#'l1V1[~bP~:nr~~b~~~b~h~~~##~#~#~~'~#~b~~~P~~hp#~~'~~~#2~~~~~~h~~#'#~~~b~~"" l\!~~~!l~~L~~~#~#,,,,,,#, w"P~~~#'~"~"""bwb~P#~#~,#~##,~~~w~~~~~#~#~~#wh~~hn~#~'~#"~bh#bW~~"~~~bW~#~~~"~~nb~~nbhP~lJu # In~' ify ounCl ee Ing age DAYTON LEGAL BU\NK co., FORM NO. 10148 Helo June 7, 1999 19 presented a petition to Council containing the signatures of those who support removal p--, of the stop signs. Mayor Kranstuber stated that Mr. Saneholtz, representing the neighborhood worked with the City for over a year to remedy the speeding problem in the area. Council approved the stop signs based upon the residents' testimony about the situation. He would not advocate removal of the stop signs at this time, but rather allowing a period of time to assess their effectiveness in slowing the traffic. He urged Mr. Jones to contact Mr. Saneholtz to work together on the issues. Chief Geis commented that Sells Mill has been a targeted enforcement area due to the number of citizen complaints. It does not justify increased enforcement based upon accident data or speeds as monitored by Police, but solely on the basis of resident complaints. Mr. Jones noted that he supports the installation of the school zone flashers, but he suggests eliminating three of the parking spaces allocated along the roadway for school traffic due to sight problems with the crosswalk. Mayor Kranstuber asked Mr. Hansley to handle this matter. He suggested that the neighborhood residents work together to arrive at a compromise. In the meantime, the stop signs will stay in place while the situation is monitored. ~ Staff Comments Chief Geis reported that traffic problems tonight resulted from an accident on 270 and 33 during rush hour. He then introduced newly promoted Sergeant Bill Krayer and congratulated Sgt. Krayer and his wife, Susan. Mayor Kranstuber announced that DARE Office Laura Gibson died today from cancer. She was employed by the Dublin Division of Police for 9 years and was well loved by the children she worked with in the schools. He then called for a moment of silence in her memory. LEGISLATION SECONDREADING/PUBLIC HEARING - ORDINANCES Ordinance 37-99 - An Ordinance Implementing an Interim Density Moratorium on Commercial Office Space on Freeway Frontage Land. Mr. Helwig stated that Council held a Special Meeting on May 10 for the purpose of a public hearing on Ordinances 37-99, 38-99, 39-99 and 40-99. Following that meeting, the ordinances were held over for a vote this evening. There was no further testimony or discussion on Ordinance 37-99. Vote on the Ordinance - Mr. Adamek, yes; Mayor Kranstuber, no; Mrs. Boring, yes; Mr. ~ McCash, yes, Mr. Peterson, no, Ms. Hide Pittaluga, yes. Mayor Kranstuber announced that the ordinance was approved by a vote of 4 to 2. Ordinance 39-99(Amended) - An Ordinance Amending and Enlarging the Duties of the Planning and Zoning Commission to Include Hearing and Deciding Variance Requests for Property Located Within Planned Development Districts. Mr. Smith commented that in accordance with the Revised Charter, any zoning changes must be referred to Planning and Zoning Commission for recommendation. Mayor Kranstuber moved to refer Ordinance 39-99 to Planning and Zoning Commission for review and recommendation to Council. Ms. Hide Pittaluga seconded the motion. For clarification purposes, Mrs. Boring moved to amend Section l(A) to read, "with the exception as noted in Section l(B) below." Mr. Adamek seconded the motion. V ote on the motion to amend - M1'. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, I Ii 1,1 <tlljltl,~ ",,,,,,,,,!, '.::::JII IUi Iii , I RECORD OF PROCEEDINGS "M~""~~"M~W~~444"444"'4W444"MWJ~1iE~,t~~""wgW~'W"44''4W'W"4~'4$'4W4$44$4$W~4rrUl5TIn City C5unclTMeetrngmw'm4$"~m'4,,~,~",w44"m4'm4w"'Fage3$'$44"m4~'~'~m4W"'4WW$~~e~~~4g4mwmww"W'~4m DAYTON LEGAL BLANK CO. FORM NO 10148 Held June 7, 1999 19 yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Adamek, yes. ...--. Vote on the motion to refer - Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Hide Pitta1uga, yes; Mrs. Boring, yes. Ordinance 40-99 - An Ordinance Amending the General Development Standards to Provide for a Two Hundred (200) Foot Minimum Setback Requirement on All Property Adjoining "Scenic Roadways" as Defined in the Community Plan. Mayor Kranstuber stated that public testimony on this ordinance was taken at a Special Meeting on May 10. He has spoken to many citizens regarding this ordinance. It is his belief that there is little support among Council for this ordinance. In lieu of taking further testimony, he would prefer to call the question on the ordinance, unless Council objects. He explained that the ordinance originated with the Community Plan, and discussion at a j oint meeting 0 f Council, P &Z and BZA prompted drafting of an ordinance to codify the 200 foot setback indicated as desirable in the Community Plan. There was a split vote at the time in regard to drafting the ordinance, and some Council members believed that a discussion, in any case, would be productive. He called the question. Vote on the ordinance - Mr. Adamek, no; Mrs. Boring, no; Mr. Peterson, no; Mayor Kranstuber, no; Ms. Hide Pittaluga, no; Mr. McCash, no. Mr. McCash moved to refer to Planning staff the drafting of an amendment to the Community Plan to delete the language regarding a 200 foot setback along scenic roadways. He explained that because this language is presently included in the Plan, staff ,.-.. is making recommendations for zoning applications based upon this. Therefore, clarification is needed. Mr. Peterson seconded the motion. Mrs. Boring stated that she did not support codifying the 200 foot setback. The fact that it was contained in the Community Plan made it defendable under reasonable circumstances. There was consensus among Council about obtaining the maximum setback and green space. Deleting this from the Plan will negatively impact Council's ability to obtain the maximum amount of green space. Mr. McCash stated that the problem with specifying a number is that it does not then allow for negotiation. The language in the Community Plan calls for a 200 foot setback along scenic roads. The Community Plan is currently a guideline, but in many cases it is being treated as law. It is for this reason that he is proposing the matter be referred to Planning staff to draft an amendment. Discussion continued. Mayor Kranstuber stated that perhaps the language needs to be amended, indicating "where reasonable or practicable" or that it can be waived under certain circumstances. Mr. Helwig then read into the record the portion ofthe Community Plan relating to the setback, under the section "Protecting the Character ofthe Community". It states that, - "Current regulations do not address the need to preserve scenic roads and critical view sheds associated with them, this Plan however identifies scenic roads on the Thoroughfare Plan map in Community Character. A 200 foot set-back is required for new development." Under strategies it states, "larger setback requirements than current regulations require need to be incorporated into the City code." This is what generated tonight's debate. The motion under discussion will provide much needed clarity to staff. Mayor Kranstuber stated that after Planning staff reviews the language, it will come back to Council for a full public hearing, discussion and vote. Mr. McCash clarified his motion, which was to refer to the Planning staff drafting of an amendment to the Community Plan to delete the 200 foot setback language and to propose substitute language reflecting Council's desire to obtain the maximum setbacks. Mr. Peterson seconded the motion. I Ii i"I'+.'i!fr 11 i it -'-- !iii', il':1 RECORD OF PROCEEDINGS """""W"WQ"WW""WW"WW~Q"W~"~QWWW#wwww~I!E1!~,~2~2Lww_w"www"M""M""MQ"WWw-~TIu1>11nTityWCounciT1VfeefingQ"""'-'M"~W'W#QQ"wwWh"WhMQ"W~WM"PIige~zr"wW-Q~W"QWWW'QhhW~",~~,~~!!!!g,#W'WhQQ'''~''WQQ'#Q', DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held June 7, 1999 19 Ms. Hide Pittaluga agreed with Mrs. Boring that she doesn't want to specifically delete ,...-, that language. V ote on the motion - Mr. Adamek, no; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mrs. Boring, no; Ms. Hide Pittaluga, no. Mayor Kranstuber announced that the motion failed. Following discussion, Ms. Hide Pittaluga moved that staff further study the specific issue of setbacks along scenic roadways and propose alternative language for further consideration by Council and Planning Commission. Mr. Adamek seconded the motion. V ote on the motion - Mrs. Boring, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes. Mayor Kranstuber summarized that Council has directed staff to provide some alternative language regarding the setbacks. The action taken tonight in defeating Ordinance 40-99 is that the 200 foot setback in the Plan will not be codified. 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 ofS.R. 161 and Northwest of Shier-Rings Road, City of Dublin, County of Franklin, State of Ohio. Mr. Smith stated that in response to the discussion at the last hearing, the land owner has ~ agreed that he will execute a document indicating his compliance with the City's stormwater regulations in exchange for the granting of this easement. Mr. McCash asked if the easement is being granted to them at no cost. Mr. Smith responded that the arrangement was proposed by an engineer who has left employment with the City. The City will grant the easement to the land owner in exchange for the land owner agreeing to abide by the City's stormwater regulations. There is no payment involved. Staff is recommending this arrangement. Vote on the Ordinance - Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes. Ordinance 57-99- An Ordinance to Accept the Lowest/Best Bid for the 1999 Street Maintenance Program. Mr. Hansley stated that staff is recommending adoption at this time. Mr. Smith noted that there is an issue with Miller Paving Company in regard to the award of this bid to another contractor. Staff is recommending the second low bidder in this case - Shelley Company. There is an outstanding issue between the City of Dublin and Miller Paving Company with respect to a contract which commenced in 1997, and therefore, another contractor is being recommended for this work. Craig Paynter. Buckingham. Doolittle & Burroughs stated that he represents Miller Paving Company. He distributed copies of documentation regarding the disputed - contract. Mr. Smith noted that information has already been provided to Council on this matter. Mr. Paynter commented that Miller Paving has been treated unfairly in this matter. Only three reference checks were made on the second low bidder, while over 20 reference checks were made on Miller Paving, 12 of which were very positive. He believes that Miller Paving was disqualified for reasons that were out of their control in relation to the other project with the City. The delays in that project were caused by the engineers and architects from the City of Dublin. In addition, the same City employee who sent a letter to Mr. Banchefsky criticizing Miller Paving also sent a letter to Miller Paving the same day inviting them to bid on the project. He believes that his client was the low bidder and was not treated fairly. Mr. Miller. Miller Paving then addressed Council. He distributed documentation with a I 'I! 'il'l ", ""',,,,,,,,,, , III liiH' !i ji , RECORD OF PROCEEDINGS Minutes of Meeting '~'_~$44""_'~_~'_'_"4$~'$~$d~'_$_~#~#~~_$4_'4d$"_$~""4'-$'-~$-$-'-~~-'_#$dd~d~~~'--'~~UITl)1in~Cify~Coufi:clrIVreefr[g-#-~~-"#~~~-~~~-_##~#~~"Page~)#~-4#d~#N_d_~"d4NN~_#N~d_'_"'#~#N$'~#~"'d'4~$4'###$#"d'4m DAYTON LEGAL BLANK co., FORM NO. 10148 Heln June 7, 1999 19 chronology of events related to the project in dispute and the weather records from that ,.---.. time period. The Shelley Company has had problems with the quality of their work of late in the Dublin and Powell areas. They are not good neighbors to residents located near their quarry in Jerome Township. They have drained most of the wells in the neighborhood and have not addressed dust and noise issues. In addition, Shelley was turned down recently for a rezoning of a new quarry. The documentation distributed to Council regarding the tennis court paving project supports their position about the City's liability for the delays. He described the delays in detail, attributing them to weather and to miscommunication oftime frames. The cracks in the pavement were the result of landscaping crews from the City driving a tractor on the pavement. They are still awaiting final payment for the project. Mayor Kranstuber called for a vote on the ordinance. Ms. Hide Pittaluga asked if the Law Department has any further comment. Mr. Smith noted that prior to having any further public discussion, Council should be aware that litigation on this matter has been threatened today. Ms. Hide Pittaluga moved to adjourn to executive session at 8:20 p.m. to discuss this pending litigation. Mrs. Boring seconded the motion. Vote on the motion- Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, no; Mr. Adamek, yes. r-- Mayor Kranstuber reconvened the meeting at 8:30 p.m. V ote on the Ordinance - Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 60-99 - An Ordinance Accepting the Lowest and Best Bid for the Trinity Park Development Project. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that staff is recommending the low bidder and asked that this be held over for a second reading at the next Council meeting. There will be a second reading and public hearing at the June 21 Council meeting. Ordinance 61-99 - An Ordinance Accepting the Lowest and Best Bid for the Wyndham Park Development Project. Mr. Adamek introduced the ordinance. Mr. Hansley stated that staff is recommending the low bidder and asked that this be held over for a second reading at the next Council meeting. There will be a second reading and public hearing at the June 21 Council meeting. -- Ordinance 62-99 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Board of County Commissioners, Franklin County, Ohio on Behalf of the City of Dublin for a Community Development Block Grant and Home Programs and Provide Acquisition Services Therewith. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that this legislation allows those who quality to benefit from the county-wide weatherization program. He acknowledged that there are very few residents of Dublin who would fall in this category, but this is standard legislation required for participation. There will be a second reading and public hearing at the June 21 Council meeting. Ordinance 63-99 - An Ordinance Authorizing the City Manager to Enter into an Agreement for the Location of a Wireless Telecommunications Structure. I <I : iI A iq;:o:!:-:;':!';;,h ,Ii: j;;ll:11 Ii;; ,... '," d ',1 RECORD OF PROCEEDINGS Minutes of Meeting "~~,~~~,,~p~~~~,,~"~~~~~k_Mk_P@#~"~"#~___MPPMP_~~H~~_~_~~-~fr~-~'--~~#~~"~PHu#_"~'-~~~-#HDu151iirCity'CorinciT1Vfeefing~P_#P~M"HP~P_~~~N_~PN~N~~ageoPPN~"P_H"N~NP~"PNk_N~~~~N~PNk"H~~~u#~"'~'N~"~~'k"~H~'_"'~ DAYTON LEGAL BLANK CO FORM NO. 10148 Relcl June 7, 1999 19 Mayor Kranstuber introduced the ordinance. r-- Mr. McDaniel stated that this agreement provides for location of this structure on the Blazer Parkway water tower, and it will be similar in appearance to the Avery Road water tower telecommunications structure. The details are outlined in the staff report. Mrs. Boring asked if there is a designated fund for the fees generated or are these revenues deposited in the general fund. Mr. Hansley responded that in this case, the revenues will go to the general fund. Mrs. Boring stated that at the time of second reading, she will propose that these funds be earmarked for the park fund. Mr. Adamek asked Ms. Grigsby for her recommendation. Ms. Grigsby responded that previously, Council had directed that these revenues go to the general fund, with a separate line item account so that they can easily be tracked. In this way, there is no need to set up a separate fund which would limit the future flexibility in the use ofthose revenues. There will be a second reading and public hearing at the June 21 Council meeting. Ordinance 64-99 - An Ordinance to Accept the Lowest/Best Bid for the Vineyard Christian Fellowship Church Sanitary Sewer for the City of Dublin, and Declaring an Emergency. Mr. Adamek introduced the ordinance. r-- Mr. Helwig stated that this project is included in the capital improvement program. Only one bid was submitted, and staff has forwarded a memo requesting emergency action on this legislation in order to have the work completed quickly. Mr. McCash stated that it appears the City will not be reimbursed for this sewer line. Mrs. Boring asked why the City is funding this project. Mr. Kindra stated that the church is providing an easement to the City at no cost, and the City will then install the sewers. This small project was approved in the CIP for this year. The public benefit to the project is that the township recreation center will have the capability to hook up to the sewer line. Mr. Hansley stated that the City would possibly have paid more for the easement than what would have been collected in an assessment district. He agreed that the public facility in the area will likely benefit in the long run. Mr. McCash asked if all of the easement is on the church property. Mr. Hansley responded that is correct. Mr. McCash noted that the nearby houses are still in the township. Why should the City extend sewer to the church and thereby the township rec center unless there is an interest - in annexation to Dublin? Mr. Kindra responded that staff has spoken with the property owners in the area, and they have no interest in annexing to Dublin. He added that for the church alone, a private connection would cost about $30,000. This project will provide for a public sewer which can be used by the church and the township entities. Mayor Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. Mr. Peterson seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Adamek, yes. Vote on the Ordinance - Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Peterson, yes. ,I I rT'"'"-'""T~ 'I I " ,. ,.., HJ'lll~T:r'.l!'T:1"r'm;;K.I"11W~~1"ii!1{1";t Ii I I RECORD OF PROCEEDINGS "~d~'~UU~d~UUdU~~U~~dUUU~~NU~UNU~uM!!!E~t~~N~~LNdUUU~UUNdN~UNN~U'~U~N~~NUU:UN])TIU'NNti'frtou;NNsrr1Vfei ~ ,,' , Meeting ":1' Ud~~~~~~~N~U~N~~N~U~~NNPa_N~7 u In 1 y OunCI ee Ing age uuuu~u'~.~~~U_UNU~NN~NdU~~N~NUUU~UUUN~dUNNN'~NUU DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held June 7, 1999 19 Ordinance 65-99 - An Ordinance Amending the Annual Appropriations Ordinance -- for the Fiscal Year Ending December 31,1999. Mr. Adamek introduced the ordinance. Ms. Grigsby stated staff is requesting this ordinance be held over for a second reading. It relates to the discussion at the last Council meeting regarding the St. Patrick's Day celebration in 2000, as well as some adjustments for salaries and wages as a result of a transfer in staffing. Ordinance 66-99 - An Ordinance to Establish CC, Community Commercial District, Zoning for 0.698 acres Located between Tuller Road and 1-270. (Infiniti 99-061Z) Mrs. Boring introduced the ordinance and moved that it be referred to Planning and Zoning Commission. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mrs. Boring, yes; Mr. Adamek, yes; Mayor Kranstuber , yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Peterson, yes. Ordinance 67-99 - An Ordinance Establishing Licensing Requirements for Sexually Oriented Business Establishments. Mrs. Boring introduced the ordinance. Mr. Smith noted that this is a business regulation ordinance, and there will be a companion ordinance brought to Council to amend the zoning code. There will be a second reading and public hearing at the June 21 Council meeting. r-- Ordinance 68-99 - An Ordinance Clarifying the Term Outdoor Service Facility as Used in the Dublin Zoning Code. Mrs. Boring introduced the ordinance and moved referral to Planning and Zoning Commission. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. McCash, yes. Ordinance 69-99 - An Ordinance Extending the Temporary Moratorium on Rezoning in the Southwest Area of the City. Mayor Kranstuber introduced the ordinance. Mr. Smith stated that the present moratorium expires on July 6. Staffwill request emergency action at the second reading. There will be a second reading and public hearing at the June 21 Council meeting. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 29-99 - AResolution ofl~tent to Appropriate a Fee Simple Interest ,....... .. ......, Consisting of 0.053 Acres, More or Less, from Lori A. Cross, in Property Located on the South Side of Rings Road, City of Dublin, County of Franklin, State of Ohio. - Mayor Kranstuber introduced the resolution. I Mr. Smith stated in regard to this resolution and the one that follows that Legal staff is in discussion with Mr. Cross and close to resolution. One of the resolutions relates to the _u roadway, and the other to the parkland. Vote on the Resolution - Mr. Adamek, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes. Resolution 30-99 - A Resolution of Intent to Appropriate a Fee Simple Interest Consisting of 0.947 Acres, More or Less, from Lori A. Cross, in Property Located on the South Side of Rings Road, City of Dublin, County of Franklin, State of Ohio. Mr. Adamek introduced the resolution. Vote on the Resolution - Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. Boring, yes. I d !, H :I.i .'. ."...... r;ti. !ill I !iU, ! ili 1;<'~"''',~I'',I'U;''F',I;q'HlfI.,"J.lIlf1'llnlfiilm ",I j"HfNJWH'!R,,"!!tIl'lVHMiil!"!Ut';ij1l-!' ,~,.!,!;j{h;: I: I I RECORD OF PROCEEDINGS ~W'~MdM'MM~dM~'M~"W~_Q~mdM~MdM~~:png,!~2~2MLM~~M~Mb_MM~~M~MUU15Ti1Cit~-'ct};-;MmWrr1VIemWr~~--- ' , " Meeting u In I y ounCI ee Ing '~'~'WMM~MMPaged~M~MM~dM~~~_'_'~_M~_M~'QMdbQcMM~WQ~MQc~'w DAYTON LEGAL BLANK CO FORM NO 10148 HeIn June 7, 1999 19 - OTHER Discussion re Appointment of Council's representative to the Old Dublin Steering Committee Mr. Peterson noted that he requested that this be placed on tonight's agenda. Gene Belew and Dave King, members ofthe Old Dublin Steering Committee are present tonight to respond to any questions. The Committee is requesting that Council appoint a representative to serve on the Committee. Dave King, Old Dublin Steering Committee stated that their goal is to facilitate the implementation phase ofthe Community Plan for the Old Dublin area. The Steering Committee is a diverse group representing the many stakeholders in the revitalization of Old Dublin, which impacts upon the success of the greater community as well. An ad hoc committee called the "Revitalization Group" has been formed and will undertake analysis to begin implementation of redevelopment for Old Dublin. This group will propose a strategy to bring together the private and public parties, take this back to the Steering Committee and then bring it to City Council. They are seeking Council's involvement so that the entire community can be kept abreast of their progress. Mr. Peterson indicated that he is willing to serve on this Committee, if that is the desire of Council. He is confident that this group will achieve their goals. They will formulate a plan for execution, and to that end, Council needs to appoint someone to the r-""" Committee. Mr.McCash noted that he hopes that this committee will be looking at such issues as the previously proposed historical development ordinance, conditional uses and variances. When that ordinance was introduced, it was referred to the Old Dublin working group of the Community Plan, but after adoption of the Community Plan, that group disbanded. Mayor Kranstuber moved to appoint Council Member Peterson to the Old Dublin Steering Committee. Ms. Hide Pittaluga seconded the motion. V ote on the motion - Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, abstain. Discussion re Request from Village of Shawnee Hills for Sewer Capacity Charge Reduction Mr. Hansley stated that staffhas been working for about 18 months with the Village of Shawnee Hills to allow them to access the Columbus sewer system through the Dublin collection system. This will involve either a tri-party or a dual agreement between Columbus, Dublin and Shawnee Hills. The Village of Shawnee Hills is requesting relief from the City of Dublin for sewer capacity charges for their residents in view of their "...-., income level. The details are outlined in their letter to the City of Dublin. Council Member Jack Frambes is present tonight to respond to questions from Council. Jack Frambes noted that Village Clerk, Sharon Roskowski is present to respond to any technical questions. They are very close to having a three-party agreement in place among Columbus, Dublin and Shawnee Hills, as Mr. Hansley has indicated. They have asked Columbus for financial relief as well. Many Shawnee Hills residents depend totally on social security income and cannot afford to pay the additional capacity charges to hook into the sewer system. There are 318 users, and with Dublin's capacity charge at $1,600, this translates to $580,000 in charges for Shawnee Hills residents. He is requesting a reduction in this fee for the current residents. Any new houses built would pay the normal fee. In certain hardship cases, he is also seeking a payment arrangement over a longer period of time. If the agreement works out, and they obtain the grants they , I I:, iI .1 ,iil.,liJ",;; . "",~,,,I ii": i<' Ti " " 1~i!.1ijildidM1b,.;I;! I RECORD OF PROCEEDINGS ~"P"""~~"P~'""'M_"_""~~"~MjE,,~,~~~,,~L_~,_,,,~,,,_,,~_,~,,,trl1Or~'''c~r'''''oh~'#-'"'".r1Vfe''''Pt~~''''',"~hM~M~~''-''~''~~Pa v Meeting u m 1 y OunCI ee mg "age~ '~'~'''''''''P''PMh''~~''h~''''''__''P~~M"h~''~'h_ DAYTON LEGAL BLANK CO FORM NO. 10148 Held J1me 7, 1999 19 have applied for, Shawnee Hills will seek bids in November for the project, with an - estimated completion date of eight months later. , ; Ms. Grigsby provided background on the water and sewer capacity charges which were revised in 1992 in order to support the debt payment on the Upper Scioto West Branch sewer. At the current fee level, the City projects to collect about 67 percent ofthe costs associated with the West Branch over the next 20 years - $29 million in principal and interest. Approximately $19 million of that amount is generated by capacity fees. The capacity charges were set based upon the understanding that those funds will be directed toward repayment ofthe City's debt for the West Branch. Mayor Kranstuber stated that if the pipe is already in place, the 318 new users in Shawnee Hills would not add costs for Dublin. Ms. Grigsby responded that the fees and revenues are based on assumptions regarding capacity charges and the number oftaps sold. Reducing or eliminating fees for some users could affect the projections. Mr. McCash pointed out that this also opens up development north of Shawnee Hills which will all be brought through the West Branch Sewer. Dublin paid considerable money to have it constructed. --. Mr. Hansley stated that providing capacity at no charge or a reduced charge to Shawnee f Hills or some other user group is an issue that only Council can decide. Mrs. Boring asked what the tap fees were prior to 1992. Ms. Grigsby responded that they were $100. Mr. Hansley noted, however, that at that time, the users were tapping into an overflow situation. Mrs. Boring commented that it was her understanding that sewers for the Shawnee Hills area was part of the negotiation with Delco to service the Wedgewood Hills portion of Dublin. Mr. Hansley stated that when Polaris was developed by Columbus, in order to secure water and sewer from Deleo for that area, Columbus agreed to take other areas through the Columbus system, such as Shawnee Hills. Mr. Frambes noted that Shawnee Hill~ has no control over this situation; it was all determined without their input. They had looked at the option of taking the sewer line up to the Riverview School, but that was determined not to be practical. Mr. Hansley pointed out that there is a public benefit to tying Shawnee Hills into the sewer system as Dublin lies downstream from them. Perhaps an option could be explored such as payment over time. - Mayor Kranstuber stated that he would support providing some relief in costs, in addition to offering financing. There are significant income differences between the communities. Mrs. Boring asked who will maintain the system in Shawnee Hills. Mr. Hansley responded that Dublin would be the main provider of their collection system, and maintenance costs would be paid by Shawnee Hills to Dublin. Mr. Frambes stated that they want their system to be built to Dublin's specifications, and they would likely want Dublin to handle the inspections and service. Mrs. Boring pointed out that Deleo also adds a surcharge for Dublin residents over and above the normal rates. Mr. McCash stated that the $1,600 fee Dublin charges for hook-ups for all new I Ii ill '[.I,;",il:,ill, ti':I![1 1 i" , -'I "PI!:;r'1.1:~Il'~~P'f)'>1;i,H'i1l1"1l!li"1HH;liJU'+!-~ 'ii'~ljijllNHii'jiijl;li:i,fIi~:H'!:HhlilUi+)iNi,:t Ii I I RECORD OF PROCEEDINGS """~h~~hh~"~~~h'h'~~~~~hh~h~~h_Mi~':!!~~~Q!~~~h~hh'M~~h_~h__~hTI~hT5I~~C;t~1:;Ol~4~~irNreefi~hhh~~h' m ' Meetin~ u m ,1 Y ouncl ee mg ~h~_ ~~~_hh'Yage TU-_h~_~_~~~~Q~Mh~~hQ 'hQ~hh~hQ'hh~'hh DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held June 7, 1999 19 development was based on the costs ofthe West Branch sewer project. He doesn't ,......,....... believe the fee should be waived or reduced, but perhaps staff could work out a long-term payment plan for Shawnee Hills residents. Mr. Adamek agreed. ~-",- Mrs. Boring agreed. Mr. Frambes stated that when Muirfield was being developed, Shawnee Hills was included in the grant application due to their low income level. Unfortunately, the Council of Shawnee Hills at that time felt the Village could not afford the sewer service. Mr. McCash moved to direct staff to work with the Village of Shawnee Hills on a payment procedure for the $1,600 capacity fee over a particular time frame to be worked out with the appropriate parties. Mr. Adamek seconded the motion. Mr. Hansley clarified that the $1,600 is for the initial tap-in fee. There are additional costs of bringing the line to the house which can be substantial. Some residents may not be able to tap in due to the costs. Mr. Frambes commented that they may be required to do so, and this will present quite a hardship for those on social security. Vote on the motion - Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes. Following brief discussion, Mr. Peterson moved to direct staff to look into alternatives to address the hardship which may exist for some current Shawnee Hills residents. Ms. Hide Pittaluga seconded the motion. - Mr. Hansley clarified for Council that his understanding of the first motion is that staff will design a payment plan for Shawnee Hills customers. This second motion would relate to hardship circumstances and it would be a somewhat limited program for a reduction in fees. Mr. Peterson stated that he would envision the program as one based on the ability to pay - a sliding scale of some sort for current residents only. Mrs. Boring asked if this would type of arrangement could apply as well in the future to any circumstance where a sewer line is extended. Mr. Hansley responded that his vision of this plan which will be brought back to Council is that it will be somewhat restrictive, and that not many who live in Dublin would qualify for such a program. It would be designed for a poverty level of income. Mr. Hansley noted that staff will design such a program in cooperation with Shawnee Hills and bring it back to Council for adoption. V ote on the motion - Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. Mr. Frambes thanked Council for their consideration. ~ Council Round Table/Committee Reports Mr. Adamek: 1. Reminded Council members that the CIP workshop sessions are scheduled for - Wednesday, July 7 and Wednesday, July 14. 2. Noted that the Administrative Committee needs to schedule a meeting in regard to Mr. Hansley's contract. Mrs. Boring, Administrative Committee Chair, stated that she has left a message for Mr. Harding in regard to this matter. 3. Asked if the information piece in the packet regarding the Southwest Traffic Task Force has been mailed to residents. Mayor Kranstuber confirmed that it has. Mr. Adamek commented that it was his understanding that a newsletter was to be provided, updating residents on the process. This material gives the impression that the changes are already approved by Council. He is concerned that residents may come back , I '.'I! !IT;T 'H.!i. fill' ii,! ;!I TIT'- RECORD OF PROCEEDINGS "~"HhM~"MPP'QMMP"PPMM~~MffM'M"MMhMHhJYE!}E t~h~~LM~MPM~M~M~MM~~MQ~TIQMit5rM'~CirM'hct"<W#~5it1VfI.w~n,.wMh_~~~M~M.wHh~'Hh~M~'~ rr Meeting u In I y ouncl ee lng ageM MPM"~MMMM'~Mh~M~MM_~M'_~MffMP"'"M""M~~'MM'Hh" DAYTON LEGAL BLANK CO., FORM NO 10148 Helci June 7, 1999 19 with this document at a later date and complain that they were promised certain things, - when that decision has not been made; Mr. Helwig commented that this information piece contains a survey instrument to obtain feedback from residents. The survey was done at the direction of the task force. It was a challenge for staff to provide all of the information to residents in a readable format. Mrs. Boring asked staff to provide information on the costs of the mailer in the next packet. Discussion continued. Mr. Peterson and Mayor Kranstuber agreed that they were impressed with the amount of information included in the mailer, and believe it is a wise investment in communication with the residents. Mr. McCash agreed that staff did a great job with this. The intent was to seek input on the concepts which have been proposed for the southwest traffic problems. Mayor Kranstuber noted that one exciting part of the concepts contained in the draft is that instead of the previous plan of vacating Wilcox Road, the citizen members ofthe task force have secured the support of the residents of Wilcox Road to keep the road open while improving its appearance and implementing some traffic calming measures. r Mr. Adamek noted that his intent is not to be critical of the task force. His concern is with the timetable for implementation and the fact that none of the projects are included on the current five-year CIP. Mayor Kranstuber responded that a recommendation from the task force at the last meeting was to move up on the CIP timetable the extension of Tuttle to Avery. Obviously, this would need further consideration by Council. Mrs. Boring stated: 1. In keeping with the Revised Charter, she would suggest that some different language be included in the agenda advertisement for items which are essentially having a "third" reading, i.e., the development-related ordinances on tonight's agenda, to communicate in some way that the public hearing has already been held. Mr. Smith responded that the confusion resulted from the public hearing held at a Special Meeting of Council in May. Staff was not certain if Council would continue to take public testimony at tonight's hearing. Mayor Kranstuber clarified that if Council does not intend to vote on a matter at the time of public hearing/second reading, they should be aware that the public may request to testify again at the time of the next hearing. Mr. Hansley stated that perhaps the language could indicate that the public hearing is -. being continued until the next hearing, and Council may choose whether or not to take additional testimony at that time. Mrs. Boring stated that for certain issues where Council desires more opportunity for public input, the Revised Charter allows for a continuation of the public hearing. Mr. Smith stated that under the Rules of Council, Council can set procedures as they desire. Mr. Hansley stated that in the future, staffwill seek clarification about Council's desire for the manner in which such an item will be advertised when the vote is not held at the conclusion of the public hearing. 2. Mrs. Boring asked about the status of a response to the letter from a resident proposing a system of traffic light sequencing for emergency vehicles traveling on 1 Ii H:I i':): " ,J .,{'ildk L,'iI'i,1 I 11< '. :; RECORD OF PROCEEDINGS "M~M~MMMMd'~M~~MM_~M~~"M~'dM~~~M""MM"M!!l!::l~~~~~~:~I"MM~M~~~__M~_""MMUMID1^,""~M'C'jJ,""C~~M_"M^'rM1\7rM~d"mrm'd~,~mm~M~_m~""_m~'~MMMmM~~mMp~m"""m~ml::::tMmmmmM~~~mm""" ~eeting u m ,1 Y ouncl ,ee mg , , age m~ wm_mmmm~"mmmm"~m"dmhw DAYTON LEGAL BLANK CO., FORM NO. 10148 HeM June 7, 1999 19 Bridge Street. - Mr. Hansley responded that staffwill investigate this proposal and report back to Council on its feasibility. Mrs. Boring suggested that Washington Township be approached on this concept and on financial partnering to fund it. 3. Mrs. Boring asked about the City's responsibility in a situation where a septic system fails. Mr. Hansley responded that this is a civil matter between the Board of Health and the property owner, and the Board can order the property owner to hook into a public sewer if it is available. In the case of Hanna Hills, there is no sewer line located in close proximity. Staff is in the process of investigating the costs of sewer service and related assessments for the residents of Hanna Hills Drive as directed by Council at a recent meeting. Staffhopes to have information available by July 15. Mr. Peterson noted that, following the Sells Mill Drive stop sign installation, a Tara Hill resident contacted him about the resulting traffic increase on Tara Hill. Following his request to Mr. Helwig about the cost of a traffic calming study for the Tara Hill area similar to what was done for Sells Mill, he learned that it would be in the range of $12,000. Mr. Hansley clarified that such a study, if authorized, would focus on the western portion of Tara Hill, as the eastern portion was the focus of a study done some years ago. Mr. Peterson asked ifthere is any interest among Council in authorizing additional traffic calming studies. - Mr. Hansley recommended that Council entertain an ordinance establishing a process and criteria for a neighborhood seeking traffic calming measures. The City of Columbus has such an ordinance in place. The goal with these procedures would be that there is demonstrated support for such measures prior to undertaking them. He will provide a copy of the Columbus program to Council. Mrs. Boring moved that this matter be referred to the Community Services Advisory Commission. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes. Mr. Hansley commented that staffing ofthe new commissions has not been finalized, but staff would ensure that the appropriate departments are represented for all issues. Ms. Hide Pittaluga: 1. Commented that the Tournament was fantastic, and her guests were particularly impressed with the friendliness of the staff working at the tent. 2. Apologized for her late arrival tonight. She just heard news from friends who serve on City Council in Prattville, Alabama that their Mayor died today. She asked that the City send something appropriate to the family. She has attended several NLC meetings with Council Members from that city. 3. She will be out of town from June 19 through 27 and asked that she be excused - from the June 21 Council meeting. Mayor Kranstuber noted that he will be on vacation on June 21 as well. That may be a factor in any emergency action required that evening. Mr. McCash: 1. Noted that a letter was forWarded to Council dated May 28 in regard to ODOT's participation in 80120 funding for the resurfacing of SR 161. He asked if this is typical of funding for the resurfacing of a state route. Mr. Hansley responded that ODOT had recently attempted to eliminate any state funding for portions of state roadway within a city's boundaries, and intense lobbying efforts had kept this in place. Therefore, the 20 percent they are funding is the optimal level. 2. Commented that in the same letter, in regard to possible signalization at US 33 and Post Road, is the current videotaping for traffic count purposes? Mr. Kindra responded affirmatively. I Ii II :. i-it'" I I "I . " i ,i RECORD OF PROCEEDINGS "~",~,~~",~~,~~~,~~,~,,~,,,~~,~~M!EE1~2L~~,~_~~~,,_~~,~~~'~~~TITl1J1iirCify~COuficlrrvreefifig~~~M~~"~'~MM_'~"~~Mm~M~MYagerYM~M""M'M'~M'_MMMM"~~M~b~~~g""M'MM~"~"'" DAYTON LEGAL BLANK CO.. FORM NO. 10148 . Hekf June 7, 1999 19 3. Pointed out that there is a also a discrepancy in the letter in regard to a westbound, - right turn lane - it should be eastbound onto Route 745, not Route 257. Mr. Kindra will clarify this with ODOT. 4. Stated in response to the June 1 memo regarding the Alter Group and .,..,_r" development of the area behind Kroger's, that Exhibit B lists the improvements contemplated with the Jacobs Mall proposal. However, it does not include any language about extending Perimeter Drive to Post Road west of this site, but only to the eastern property line of the proposed mall site. As part of any negotiation with the Alter Group, this extension of Perimeter Drive to Post Road would be critical. Mr. Helwig stated that this has been a priority in all of staff's discussions with Alter. 5. Asked if the City is still contemplating the number of traffic signals listed in Item 7 of Exhibit B in view of the ever-increasing number of signals along Avery- Muirfield? Mr. Helwig responded that the intent of providing this information was to provide Council members with a list of what was authorized under the original TIF. Further traffic studies are in process regarding the need for signalization. 5. Announced that he has made the decision to seek re-election to Council in November. Mayor Kranstuber: 1. Noted that Mr. Freeman has requested public records about accidents at Bright and Riverside, and he asked that copies ofthis letter and the response be provided to Council Members Boring, Hide Pittaluga, and to Mr. Hansley. ,......., 2. Asked if approval from Planning Commission was necessary for the Roby Toy Barn on Post Road and if the sign is Code compliant. Mr. Smith responded that the zoning did not change, only the user. He will check on the - sign matter and report back. 3. Complimented Ms. Sonora on the Nicklaus sculpture event. It was very nice and there was extensive media coverage. He suggested that the City continue to monitor access to the site and parking availability, and that consideration be given to lighting and landscaping of the site. Ms. Hide Pittaluga volunteered that the ad hoc committee will review any preliminary plan for such improvements. 4. Commented that the fence at the Dublin Municipal Pool has been relocated and the volleyball court installed. He has had positive feedback on these low-cost items. The remainder of the improvements are scheduled for next summer. 5. Noted that he has a conflict with the Wednesday night traffic task force meeting. Following discussion, it was the consensus of the three Council members who serve on the task force to postpone the meeting until Wednesday, June 16 at 7 p.m. Mr. Helwig indicated that he will convey this to the other members of the task force. 6. Announced that he will run for re-election to Council in November. Mayor Kranstuber moved to adjourn to executive session to discuss land acquisition matters. Mr. Peterson seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Ms. Hide Pitttaluga, yes; Mr. ,......., McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Mayor Kranstuber announced that the meeting will not be reconvened following the executive session. - The mee g was adjourned to executive session at 10: 10 p.m. ~ -. ~ ~~e-~ Clerk of Council