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HomeMy WebLinkAbout06/07/1999 i I 1~i"~ItlI,h~"':'~.::~ I, I , RECORD OF PROCEEDINGS Minutes of rm~~C~~~C;h~_mm~mTrH1\1~~m~HF'~'~_~m~m~m~m~m'~~f>_'H_H~'r'-~'_m~_wH'~~_'H~~'_H~~__m~~m~HHH~~~~!~l~LH'HH'Hm~Hm'mm',~, '_m'm_m~mHmm_m"m~'HHmHHwHm~~H",~mmmH~mm_m~~'mm_mm~mHmHHmm_H"H~Hm'mm'''''H_H~m_H'_mHmH15UD In ity ouncI eetlng age . DAYTON LEGAL BLANK co., FORM NO 10148 ,c- Heli! June 21, 1999 19 Vice Mayor Boring called the meeting of the Dublin City Council to order at 7:00 p.m. She announced that the City of Dublin has recently lost another valuable staff member, Steve Fortuna, Engineering Inspector who died on June 12, 1999. She asked for a - moment of silence in his memory. Mr. McCash led the Pledge of Allegiance. Roll Call Council members present were: Vice Mayor Boring, Mr. Adamek, Mr. McCash, Mr. Peterson, and Mr. Reiner. Mayor Kranstuber and Ms. Hide Pittaluga were absent (excused). Staff members present were: Mr. Helwig, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Ms. Clarke, Mr. Kindra, Chief Geis, Mr. Hale, Ms. Puskarcik, Ms. Heal and Mr. Hahn. Approval of Minutes of Meetin2 of Mav 24. 1999 Mr. Reiner moved approval of the minutes as submitted. Mr. Adamek seconded the motion. V ote on the motion - Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes. Approval of Minutes of Meetin2 of .June 7. 1999 Mr. Adamek moved approval of the minutes as submitted. Mr. Peterson seconded the motion. Vote on the motion - Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, abstain; Mr. Adamek, yes; Mr. McCash, yes. ,-... Correspondence The Clerk reported that there are two items for consideration by Council: a D5 liquor permit application for 27-29 S. High Street and a request to sell alcohol at Avery Park for the Ohio Firefighters Association Softball Tournament. There was no objection from Council to the issuance of the D5 permit for 27-29 S. High Street. Vice Mayor Boring asked Don Schleich, Chairman of Washington Township Firefighters Softball Tournament to provide information regarding their request to sell alcohol at A very Park. Mr. Schleich stated that he has worked with Community Relations and the Finance Committee in regard to the bed tax application for this event. He has met all of their guidelines for obtaining permission to serve alcohol. Mr. Reiner moved to approve the request to sell alcohol at A very Park for the Ohio State Firefighters Softball Tournament on August 14 and 15, 1999. Mr. Peterson seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, no; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes. Citizen Comments Mrs. Andrews, 5882 Rothesay Court reported to Council that she is concerned about ."'-"" noise levels relating to construction traffic for Tartan Fields. The noise has become intolerable and makes her deck unusable. The construction noise begins at 7 a.m. and again at 4 p.m. Can the City do something to address this problem? Mr. Smith responded that the Tartan Fields area lies outside of the borders of Dublin, and therefore the City has no jurisdiction. The Law Department provided an opinion to the City recently that outlined the legal issues involved in forcing the re-routing of truck traffic and the standards that are required. A city such as Dublin with a high level of ongoing development would have difficulty enforcing regulations about routing of construction truck traffic. He added that it has been determined that Council cannot legally regulate the hours of truck traffic. If four members of Council request that this issue be reconsidered, he will do so. I Ii ill II" '" .... II' li.i.. " H '1.1 :i.'Ii;:':I",tl.-til:jl"!J!{H;\JI:l't~!Iwlt>>i'JjJU RECORD OF PROCEEDINGS 'H~~U#~U#~"'mU#~HU#"U#~~HU#~H~H~H~~U#~HML~H~j;U#~'~U#H2LH~HU#'~U#HU#~~HHHHU#'H""H'H~H~HH~HHUu151tIrCrfY~Councn1VfeetmgU#"H'~H~'H~HH'U#HU#HH"H_HHHHHHH'U#HPage'7'U#HH'HHH"'H'H'H'HU#U#'HHHHHHU#~~'~Ht!~H['"HHH'U#HHHHHH'mH'H DAYTON LEGAL BLANK CO FORM NO 10148 Held June 21, 1999 19 There was no motion from Council. Vice Mayor Boring stated that noise is a separate issue and that the Public Services Committee will introduce an ordinance very soon to address this. ,--. Vice Mayor Boring thanked Mrs. Andrews for bringing this to Council's attention. William Wagner. 7199 Dublin Road stated that he will defer his comments about the Dublin Road bikepath until Mayor Kranstuber is present. Wallace Maurer. 7451 Dublin Road asked ifthe Cardinal Health rezoning will be brought to Council. His question relates to the conditional use portion. Mrs. Boring indicated that Council will hold a public hearing on this ordinance in the near future, and to discuss it tonight would be premature. Mr. Maurer asked if an audiotape is made and retained of Council proceedings. Mrs. Boring responded that all Council meetings are recorded. Mr. Maurer should contact the Clerk of Council to obtain access to those tapes. Mike Cimer. 6988 Raymond Drive addressed Council about speeding problems on Tara Hill Drive. Many people he has spoken with acknowledge there is a problem, but no one wants to take ownership and find a solution. He is requesting Council's support of some type oflegislation in regard to speeding on Tara Hill and in general throughout the City. A general policy needs to be adopted. He was told by staff in the spring of 1998 that a policy would soon be drafted, but to his knowledge that has not happened. Mrs. Boring stated that at the last Council meeting, review of other communities' traffic -,.-. calming policies was referred to the new Community Services Advisory Commission. The first meeting of the Commission will take place within the week. Mr. McDaniel stated that the meeting is scheduled for Tuesday, June 29, 1999 at 7:00 p.m. in Council Chambers. Mrs. Boring suggested that Mr. Cimer attend the meeting and provide input to the Committee on this issue. Discussion continued. Mr. Cimer distributed a copy of a letter summarizing his actions on this matter to date. Mrs. Boring asked that this letter be forwarded to the Community Services Advisory Commission and to staff. Mr. Helwig stated that in recent discussion about speeding issues along Tara Hill, staff advised Council that the estimated cost ofa traffic calming study is $12,000. Due to the widespread nature of the speeding problem in neighborhoods across the City, staff recommended that a set of criteria be established for traffic calming measures and that a review be undertaken of what other communities have done. Council by motion referred this issue to the Community Services Advisory Commission. He asked that the residents be patient, noting that the process will be citizen based. Rob Schuler. 7281 Black Abbey Court stated that he objects to a proposed bikepath in parkland behind his house for which a contract has been awarded as part of the City's street maintenance program for 1999. He and his neighbors believe that this bikepath ,........ connection is unnecessary and is a waste of City funds. Mr. Hahn and Mr. Tennyson viewed the site and indicated that any alteration to the master plan would require Council approval. Mr. Hahn stated that this particular link appears on the bikepath master plan and is to be implemented in 1999. It is located within the parkland associated with one ofthe Dublinshire land dedications, and it parallels the Bear Run creek, connecting from Muirfield Drive to an existing bikepath. The City often locates bikepaths along stream corridors. From his point of view, it is a recommended addition to the bikepath plan. Vice Mayor Boring invited Council members to comment. In response to Mr. Adamek, Mr.Hahn stated that the plat indicates dedicated parkland in this location. The bikepath or any other park improvement is not shown on a plat. The path is shown, however, on the City of Dublin bikeway master plan as a link. i I J II 'tlir'it'li' '''inj! I 1'.: .! ';',Ii_-~;ji::lL111':'rtj.t'lJ'~\'1't'ltWjitft1'!'HlI,/ U):.2etIUJ(.t!ltJfl1111"1'IJ'ftt;lnm,-'ijlf>h-'-H~'~ Ii! RECORD OF PROCEEDINGS ~~'~"~~"'~"#'~~"44"~'~"#4'~"'#'4,!~1I!!~~~~4"2L"",,,'44"'''~''~''''4'~'~'~'~''Uu151ill~Crfy#C"6unclr1VIeetifrg~''~''''"~"u",~~~,,,,,,,,,uu~'''~''~age'3''~~'''~~'~''4U,,~~~,,,uMu~~ti~,g'~""'MM'U4"'~'~' DAYTON LEGAL BLANK CO.. FORM NO 10148 ReIil June 21, 1999 19 Mr. Adamek asked how much of the land is wooded. Mr. Hahn responded that it is not wooded. Therefore, no trees will have to be removed for installation of the path. .~ Mr. Reiner asked the resident why he does not want the bikepath in the parkland adjacent to his backyard. Mr. Schuler responded that his main concern is safety of his wife and children, as this bikepath will provide visibility and access to his property. He does not think this is a good use of City funds. Dave Stafford. 5901 Brigids Close Drive that he is very supportive, in general, of bikepaths and uses them frequently. But as a citizen, he does not believe installing this portion makes sense. It would be practical if the City were to construct a tunnel under Muirfield Drive which would allow it to continue up the stream along the other side. Currently, however, users must cross Muirfield Drive which is very dangerous for children. Mr. Peterson clarified that the bikepath in question is to be located in the parkland behind the resident's property. He asked for an alternate route to connect if the decision is made not to build this portion of the path. From what he can see, a cyclist would have to use the street if the bikepath is not built in this location. Mr. McCash stated that Council's goal is to locate the bikepaths along the stream corridors, which opens up that portion of the stream and that portion of the park for public access. This bikepath is located a good distance away from the houses. He does not see a compelling reason to eliminate it. ,....... Vice Mayor Boring asked for a motion from Council ifit is anyone's desire to eliminate this portion of bike path. Hearing none, she thanked the residents for their concerns and summarized that it is Council's position to proceed with the bikepath master plan. Alex Coscheck. neighbor noted that he moved to Dublin a year ago. He asked if a plan is available which shows the location of the bikepath in relation to the stream corridor. Mr. Hahn responded that a layout has been completed and construction is to proceed in the near future. Mr. Coscheck stated that it is the neighbors' desire that the bikepath be located as close to the creek as possible. Vice Mayor Boring asked that Mr. Hahn work with the neighbors to see if this is possible within the parameters of the project. Mr. Coscheck asked about the cost of this bikepath connection. Vice Mayor Boring stated that Mr. Hahn can provide those figures to him. Staff Comments Mr. Helwig announced that Preston Hale has been appointed as Director of Building Standards. He has been a Dublin employee for over 11 years and is very much committed to providing the leadership that City Council expects in this position. Ms. Grigsby announced that employee Jan Mussio has been selected as the new Budget - Analyst for the City and will begin in that capacity in two weeks. Ms. Clarke announced that Kyle Ezzel has been hired as the Senior Planner. ~ Chief Geis introduced new Police Officers Renee Thomas, Eric Gilliland and Jacob Sole. Mr. McDaniel introduced Service Department intern Sara Gephart, an undergraduate student from Ohio Wesleyan. LEGISLATION SECOND READING & PUBLIC HEARING - ORDINANCES Ordinance 60-99 -An Ordinance Accepting the Lowest and Best Bid for the Trinity Park Development Project, and Declaring an Emergency. I I! Ii :1 ,",,",lUll! ::' ]':111:";' H I I " :1 I RECORD OF PROCEEDINGS w~,w4""w"_~<<"<<",<<ww#,<<<<"w,<<"<<"<<"w"M!<<!}]!t~~w",2L,,,,,,<<,,,,'M<<~_Mw"w4ww<<'mmwrru1511n~City"Coi.illciT1V[eetmg-M~WWWm,wMm,m'~W_M'~~mVage zr__w_m_",w__-< Meet!E<<8:<<mmwm<<mW'<<MWWm DAYTON LEGAL BLANK CO FORM NO 10148 Relel June 21, 1999 19 Mr. McDaniel stated that staff is requesting emergency action in order to have this project underway this summer. There was no public testimony. Mr. Adamek moved to treat this as emergency legislation. Mr. Peterson seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes. Vote on the Ordinance - Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes. Ordinance 61-99 - An Ordinance Accepting the Lowest and Best Bid for the Wyndham Park Development Project, and Declaring an Emergency. Mr. Helwig stated that emergency action is needed to complete the project during this construction season. There was no public testimony. Mr. Adamek moved to treat this as emergency legislation. Mr. Peterson seconded the motion. Vote on the motion - Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. Peterson, yes. Vote on the Ordinance - Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes. 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, and Declaring an Emergency. Mr. Helwig stated the reason for the emergency is outlined in the letter from the county commissioners to the City Manager. The county has requested certified copies of the authorized legislation by July 6. Mr. Maurer asked for clarification about the Community Development Block Grant and Home Programs and Services. Mr. Helwig stated that Community Development Block Grant and the Home Program are programs operated by the federal government, Department of Housing and Urban Development designed to foster programs and benefits for low to moderate income person households. This legislation certifies the City's desire to participate in the program. Mr. McCash moved to treat this as emergency legislation. Mr. Peterson seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes. Vote on the Ordinance - Mr. Reiner, yes; Mr. McCash, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes. - Ordinance 63-99 - An Ordinance Authorizing the City Manager to Enter into an Agreement for the Location of a Wireless Telecommunications Structure. (at Blazer Parkway Water Tower) Mr. Helwig stated that Mr. McDaniel provided an extensive memo on this matter in a previous packet. Vice Mayor Boring noted that she expressed concern at the last reading about the use of the funds collected from these rentals. She requested that Ms. Grigsby provide some additional information on this topic. Ms. Grigsby stated that currently, the City credits these funds to the General Fund. There is a line item, however, that specifically identifies the revenues from the wireless communications, and any work performed toward this operation is funded from these revenues. The professional services are also billed to this line item. If, in the future, more funds are generated than are expended, the City could then consider using the I I: ill n!! fHl~'iHI ! Ji. Ii! "..; ;! .1, 1,1 nr_"~Il';'''~-T'!tB'!1' 1':1- - I RECORD OF PROCEEDINGS Minutes of Meeting ~mff'Hdm~~~'ff~~mff"mffm~mHdm~ffmff~~mHdm~ffm~m~~ffmff~~~mHd~~_Hdm~ffmHd'ff~~Hdmmff'~'mHd'Hdmmm"mm'~Uu15Tifi~crf5T'ffC6ui1cirlv[eeTffig~ff'~~m_'m_Hdmff'h'HdM_m_m'hmffmmVagem5-ffh_mm~m~mff_m_mHd'm'Hd__ffm__mHm"_mmffmM'ffff~m~m_"m~ DAYTON LEGAL BLANK CO FORM NO 10148 HeM June 21, 1999 19 funds for another specific purpose. Vote on the Ordinance - Mr. McCash, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mrs. Boring, yes. ,...- Ordinance 65-99 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1999. Mr. Helwig stated that staff is recommending adoption at this time. Mr. Maurer asked if any of these additional appropriations relate to the Dublin Road bikepath. Mr. Helwig responded that they do not. Vote on the Ordinance - Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes; Mrs. Boring, yes. Ordinance 67-99 - An Ordinance Establishing Licensing Requirements for Sexually Oriented Business Establishments. Mr. Smith stated that staff is recommending passage at this time. This legislation is the first phase of a proactive approach to regulate these businesses. The second phase which consists of a zoning ordinance will be introduced this evening for referral to Planning & Zoning Commission. Vote on the Ordinance - Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, yes. Ordinance 69-99 - An Ordinance Extending the Temporary Moratorium on ~ Rezoning in the Southwest Area of the City, and Declaring an Emergency. Mr. Helwig stated that this legislation was requested by Council, and emergency action is needed as the existing moratorium expires on July 5. Mr. Adamek moved to treat this as emergency legislation. Mr. McCash seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes. Vote on the Ordinance - Mr. McCash, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Reiner, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 70-99 - An Ordinance Adopting the Proposed Tax Budget for Fiscal Year 2000, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Helwig stated that staff is requesting that this be held over for public hearing at the July 6 Council meeting. At that time, staff will be requesting emergency action in order to comply with the time frames set by the state. The tax budget is prepared annually by the City and it enables the City to compete for local government funding as well as certifies the outside millage. There will be a second reading and public hearing at the July 6 Council meeting. ~ Ordinance 71-99 - An Ordinance Authorizing the City Manager to Enter into an Agreement for the Location of a Wireless Telecommunications Structure. (at Avery Park Water Tower) Mr. Adamek introduced the ordinance. There will be a second reading and public hearing at the July 6 Council meeting. Ordinance 72-99 - An Ordinance Amending Section 153.028 of the Zoning Code to Permit Sexually Oriented Businesses within the CC, Community Commercial District. Mr. Adamek introduced the ordinance and moved referral to Planning and Zoning Commission. Mr. Peterson seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. I I, illi iil: , .' i: H_ ,I J" RECORD OF PROCEEDINGS W'hh~'W'M"~hw~"Mmw~h~,wMMMM~Mw~,JvIi~~m!~~~Mm2L~~,wm~,mwmww~mmwmhM~w'MmMrruDilnMellywcomrctrMeefln[r'HW'Whmmmh~M~Wm~~'~m"mmM_W'P~emomW'h~m'~'Ww,_wm_wm,'~,m,m~e~Q!!g:"'M_,~"""wmmm' DAYTON LEGAL BLANK CO FORM NO. 10148 Helcl June 21, 1999 19 Boring, yes; Mr. Reiner, yes. Ordinance 73-99 - An Ordinance Providing for a Change in Zoning for 4.872 Acres -- Located on the North Side of Perimeter Loop Road, Approximately 200 Feet to the South of the Perimeter Loop Road and Perimeter Drive Intersection, from: PCD, Planned Commerce District, to: PCD, Planned Commerce District, under Section 153.058. (Expansion of Subarea I for Crown Auto Dealerships, 6350 Perimeter Loop Road - 99-063Z) (Applicant: Muirfield Drive Partners, c/o John McKitrick, 2333 Gulf of Mexico Drive, #123, Longboat Key, FL 34228) Mr. Adamek introduced the ordinance and moved referral to the Planning and Zoning Commission. Mr. Reiner seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. McCash, abstain; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes. Ordinance 74-99 - An Ordinance Authorizing the Purchase of a 4.584 Acre Parcel and a 1.371 Acre Parcel of Land Located at 7125 Riverside Drive, Appropriating Funds Therefor, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Helwig stated that staff will be requesting emergency action at the public hearing as the closing on the property is scheduled around July 15. He provided background information on the purchase, noting that at goal setting, Council had expressed an interest in this property along Riverside Drive. It is currently a residence, and it will be .......-, the new home to the Dublin Arts Council, serving as a center for the arts for the community. It will provide educational venues as well as outdoor venues. The purchase enables the Dublin Arts Council to expand their programing as well as to help preserve riverfront property and bring together another place for community gathering. The City of Dublin will own the structure and the grounds, and the Arts Council will be responsible for the maintenance of the structure. Ms. Grigsby stated that the City would advance dollars from the General Fund to the hotel/motel tax fund. In the future, debt will be issued and then retired over a period of twenty to twenty five years, based upon the 25 percent of hotel/motel tax revenues that has been allocated to the Dublin Arts Council. This basically constitutes a mechanism to utilize the hotel/motel tax funds to acquire this site. Mr. Smith stated that staff is currently in negotiations on the lease and this will be brought to Council in the next 10 to 15 days. There will be a second reading and public hearing at the July 6 Council meeting. Ordinance 75-99 - An Ordinance to Appropriate a Permanent Bikepath Easement Consisting of 0.048 Acres, More or Less, and a Temporary Construction Easement Consisting of 0.1384 Acres, More or Less, from BankOne Columbus, N.A., in Property Located on the East Side of Avery-Muirfield Drive and the South Side of Perimeter Drive, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. ,--, Mr. Adamek introduced the ordinance. f Vice Mayor Boring stated that this ordinance and the two that follow are related to the j A very Road interchange project. The emergency action is requested in order to keep the project on the time frame and in order to award the contract. Ordinance 76-99 - An Ordinance to Appropriate a Permanent Bikepath Easement Consisting of a Combined 0.0221 Acres, More or Less, and a Temporary Construction Easement Consisting of 0.1389 Acres, More or Less, from BP Exploration & Oil, Inc., in Property Located on the East Side of Avery-Muirfield Drive and the North Side of Perimeter Loop Drive, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Reiner moved to amend Section 5 of the ordinance to reflect the correct dollar !' I J! II Ii I Ii' ", 'i' ' ''1,'1 "~':~,t:,qt;tr.l:H,;1I~~'fP~;g-~~W",fJ1'ttl't'\'!m 'n ,,""if'€'IU!W,t'lt'~I'!Ir""H"I':"':' JUf'1!ll1'I"'t,A'i.,~Jt!'t I! 'I',' 'I RECORD OF PROCEEDINGS wwwwWWP~'_frW'WWWfrWP_~Wfr~~~~frfrwwwMi!!l!!w~~_w~L_frfrwPw_W_'WfrfrWfr_WfrP~WWPWWWWWfrDtl15trfrCitTCoUficnfr1VTeetillgfr~WW_frWP~fr~'frPW~WWfr'PW~4~~w'Yagew7P"mfrfrmwm_"p~'_frwm~wwmMw!:~~mi!E~wwm~Pfrfr~__Wwm DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held June 21, 1999 19 amount in the parentheses. Mr. Peterson seconded the motion. Vote on the motion - Mr. Adamek, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. "........, Peterson, yes; Mr. Reiner, yes. Ordinance 77-99 - An Ordinance to Appropriate a Permanent Bikepath Easement Consisting of 0.0026 Acres, More or Less, and a Temporary Construction Easement Consisting of 0.1013 Acres, More or Less, from McDonald's Corporation, in Property Located on the East Side of Avery-Muirfield Drive and the North Side of Perimeter Loop Drive, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Adamek moved to dispense with the public hearing and treat Ordinances 75, 76, and 77-99 as emergency legislation. Mr. McCash seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes. Vote on the Ordinances - Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mr. McCash, yes. In response to Mr. McCash, Mr. Helwig stated that Mr. Kindra has worked very hard to ensure that the landscaping plan and ponds for the A very interchange will be approved by ODOT. This interchange will be the fIrst of its kind in Ohio, and the City has received great cooperation from ODOT. This project will be bid very soon, with .- the goal of having much of the work completed in 1999. Ordinance 78-99 - An Ordinance 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, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Smith stated this is the portion of the Cross property which relates to the roadway project. Staff is still in negotiation with the property owner and is requesting passage by emergency. Mr. Adamek moved to dispense with the public hearing and treat this as emergency legislation. Mr. Reiner seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Reiner, yes. Vote on the Ordinance - Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes. Ordinance 79-99 - An Ordinance 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 ordinance. Mr. Smith stated this is the portion of the land which will be used for greenspace. It has been treated separately in legislation in case there is a need for a quick take on the roadway portion. Staff is requesting emergency action. Mr. Adamek moved to dispense with the public hearing and treat this as emergency legislation. Mr. McCash seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. McCash, yes. Vote on the Ordinance - Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes. iIK!,~II'I;;-(;;,m$.'~ t j "I RECORD OF PROCEEDINGS "'~"~'''_'''W"W'.''ffff'''''_W'''''''"''ffff"",_,,,,,MiE~~~!~*~,,,,2i,,~-*'''-'ffff''''''W*'_W*-''~W*WU'~Tbl~~'"W'*C't~-~C:"W''$ffff_-'iTlVf'~rffff'--'-~"ffff~ffffNNW'-:'$$W_'W_'Wffff_*_*N*'"p:'.'M"-15'"MffffN'#N_.'___~N*,.,.M<<:e}ing u m 1 y ouncl ee mg . . age. . W -., _'W~.$ffff"ffff_'ffffffffm,ffff~'" DATI N LEGAL BLANK CO. ,FORM NO. 10148 . ReIn June 21, 1999 19 INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 20-99 - A Resolution of Intent to Appropriate a Fee Simple Interest Consisting of 0.219 Acres, More or Less, and a Utility Easement Consisting of r--"' 0.091 Acres, More or Less, from Donn W. Griffith, in Property Located on the South Side of W.Dublin..;Granville Road, in Township of Perry, County of Franklin, State of Ohio. Mr. Adamek introduced the resolution. Mr. Smith stated that this relates to the Marcy Lane access road. Dr. Griffith is aware of this legislation. The roadway project will be included in the CIP budget. Vote on the Resolution - Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes. Resolution 31-99 - A Resolution Exempting St. Patrick's Episcopal Church from the City of Dublin's Storm water Regulations. Mr. Adamek introduced the resolution. Mr. Helwig stated that this resolution is brought to Council as a result of policy direction received at the last meeting. Mr. Cline made this request on behalf of St. Patrick's Episcopal Church. Vice Mayor Boring asked staff to verify that Mr. Cline has secured the sign-off from the adjacent property owners. Mr. Kindra stated that no one has called staff to express concerns about this waiver. Vote on the Resolution - Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes. - OTHER Encroachment on Drainage Easement - Lot 97. Hawk's Nest Section 2. Phase 1 Mr. Kindra stated that this is a basically a request to install a split rail fence over a drainage easement. City code requires that encroachment in a right-of-way or easement area must be approved by City Council. Staff has reviewed this and determined that there would be no negative impact in allowing this fence to encroach on the drainage easement on this lot. Staff is recommending approval. There was no one present who came forward to testify. Mr. McCash noted that Planning and Zoning Commission is currently reviewing fence code regulations and this proposal is for a property enclosure fence. He does not understand why the "no build zone" does not extend across lots 97 and 96. The proposed fence code amendments would prohibit enclosure of an entire piece of property with a fence. Mr. Adamek indicated his support of the fence code amendment. He believes that the reason the "no build" zone does not extend across lots 97 and 96 is because it would have been redundant in view of the fact that there is a drainage easement which could not be encroached upon. He will not approve this encroachment. Mr. Reiner asked if this is a violation of an existing fence code for the Hawk's Nest sub- division. Ms. Clarke stated that it is not. r--- Mr. Kindra noted that staff does not believe that an encroachment on this drainage easement will have an adverse impact. Mr. Adamek pointed out that the rest of the residents are being held to the standards of "no build" zones except for lots 97 and 96, according to this plat. Mr. Kindra pointed out that on lot 97, the drainage easement is really a non-functional one and encroachment will not affect the drainage or floodway. Vice Mayor Boring asked if there is action needed by Council on this request. Mr. Smith responded that without Council approval, the homeowner cannot build anything in the easement. Therefore, Council can choose to take no action in response to this request. There was no motion from Council in regard to this request. Final Plat - Hawk's Nest Section 2. Phase 2 , I I' HI 'H'li H i h',,,I, :i;'ilcllrliIL' d I, lUll I, 'ji, , 1( HI Inyrlltl'^f'!;{1:!t:!' I' I ..1 RECORD OF PROCEEDINGS "hm"m"dm"dddmmQQ~m#dmd"~Q#'hmhm#Q"mmdMld!!!!!,~~mmQLd,mmmmmdmmm'"~"mdd'#Q"mmmd,md'DU5linCifymCounciT1Vfeefm:g'hmmm_~~~"mm_'~m~~,m-Fage9~m_~~~'dm_M~~ti!}Qg,mmQ~,m,mh'Qh,'m DAYTON LEGAL BLANK CO. FORM NO 10148 Helc1 June 21 1999 19 Vice Mayor Boring asked if the conditions of the preliminary plat have been met. Ms. Clarke responded affirmatively. Mr. Reiner asked if any discussion took place in regard to the materials for houses ",.-, which face A very Road requiring that all four sides are the same. Ms. Clarke stated that she does not recall such a discussion. This site is zoned R3, and there was a set of Council amendments appended to the rezoning. This is an unusual case in Dublin as it is not a planned district, but rather a straight zoning. Mr. Reiner asked about the size of the easements. They appear as 30 feet from centerline to the back of the building line. Ms. Clarke stated that 30 feet of right-of-way are being dedicated, and then parallel to that, there is a 30-foot building line setback. Mr. Reiner asked if Council can append any requirements on the setback at this stage. Mr. Smith responded that if the requirements of the preliminary plat have been met, Council cannot add requirements at this point. Mr. McCash moved approval with the conditions of the Planning Commission Record of Action of February 4, 1999. Mr. Peterson seconded the motion. Vote on the motion - Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, no. Final Plat - Killilea Section 2 Vice Mayor Boring asked Ms. Clarke if all the conditions of the preliminary plat have been met. --. Ms. Clarke responded affirmatively. Mr. McCash moved approval of the final plat with the conditions of the Planning Commission Record of Action of April 15, 1999. Mr. Peterson seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes. Council Round Table/Committee Reports Mr. Peterson: 1. Reminded everyone that the Dublin Kiwanis frog jump takes place this weekend. 2. Noted that it has been brought to his attention that House Bill 295 may impact the City in regard to Y2K issues. The bill limits consequential damages for political subdivisions and the City of Dublin will fall into the definition of that, as described in this legislation. He asked if the City should consider similar legislation in case the bill is not approved in the legislature. Mr. Smith responded that his office monitors the various bills at the statehouse on a weekly basis and reports to the City Manager. City staff works with the Ohio Municipal League to ensure that the interests of the municipalities are addressed. This particular bill is in committee. The OML has raised those concerns and Dublin's legal staff continues to monitor the bill. 3. Asked if the pending state right-of-way legislation will affect Dublin. ,..-, Mr. McDaniel responded that the City of Dublin has sent letters to several state representatives and state senators indicating that Dublin does not support the bill. Staff believes that the recent Supreme Court ruling does not allow such bills to be attached to the budget. However, staffhas been informed by the local legislators that it is likely too late to prevent this from passage. In terms of its impact on Dublink, his preliminary review indicates that it will not be impacted. Dublin still feels very strongly that this bill takes away the municipality's right to manage its rights-of-way. Mr. Reiner: 1. Asked if any Council action is needed in regard to the memo from Mr. Hahn about efforts to preserve a log cabin. Mr. Hahn responded that the City Manager wanted Council to be aware of this action. The City plans on salvaging the log cabin, although staff is uncertain about the future plans for the structure. , I I: :11 !: Hi,:I'qlin!!! 'I I ! 'lie hi i i! 'II" K'.H "'.,j..: ;11.'. ''''i''J'~~~.~'~!liW.~lNIlI'';; I. j"';"l~~JfIIH..:K"ll,~IH.Ir:I;I'~~':li :<. U;.'j!i~'I':"\:',,'1."j; f'l I RECORD OF PROCEEDINGS ",u,mum'n<uu,n<,w=,w,u,n<"n<un<,n<n<Q,=m~,~:~!I!!l!!n<~!=21,==,n<""n<u~n<_',u,-,n<"'Q=n<uwU1J1~'U"'UCbf'un<'C;n<,~=n<'J[J:~~'uu,~uu_,uu"'~n<='~'WU=U=-l',u"w"'==!rrUu,m=u Meeti~ ' u m 1 y ouncl ee mg age =_='~=~Uun<__=_n< n<'==n<mn<"n<~un<, DAYfON LEGAL BLANK co., FORM NO. 10148 Held June 21, 1999 19 Mr. McDaniel added that contingency account funds were used to cover the cost of the expedient removal and preservation of the log cabin. 2. Asked if Council action is needed in regard to the sale of alcohol at the Irish r-" Festival. Following brief discussion, Mr. Reiner moved to allow the sale of alcohol at the Irish Festival on August 6, 7, and 8 at Coffman Park. Mr. Adamek seconded the motion. V ote on the motion - Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes. 3. Thanked Ms. Puskarcik and her staff for their efforts with the Ohio Vintage Wine festival held over the weekend at Coffman Park. The event was very nice. 4. Reported that he presented at a symposium last week on landscape ordinances and asked for staff assistance in providing copies of Dublin's landscape ordinance to those requesting it. Mr. McCash brought to Council's attention the follow-up items from the June 16, 1999 Southwest Traffic Task Force meeting as listed in the memo in the packet. The process is working very well and is a joint effort by staff, Council, the residents, and the City's consultant. Several items will be brought to Council for approval in the near future as part of the traffic task force's report. They are working hard to find a solution that everyone is comfortable with. Mr. Adamek: 1. Reminded Council that the first CIP meeting is scheduled for Wednesday, July 7 at 7 p.m. in Council Chambers. He will be out oftown on Wednesday, July 14 -- and asked if Council would consider moving the second CIP meeting to Tuesday, July 13. Following brief discussion, it was the consensus of Council to adjust the date to July 13, pending availability of Mayor Kranstuber and Ms. Hide Pittaluga. 2. Reported that he will be out oftown on July 19 and asked that Council excuse him from the meeting. 3. Noted that he has received two phone calls this week regarding an unusual number of power outages in the Tara Hill corridor. He asked that staff work with AEP to find out why this is a recurring problem. Mr. McDaniel stated that he is not aware of these outages, but will coordinate investigation and report back to Council. 4. Asked about the attendance numbers for the weekend Vintage Wine Festival. He attended the event which was very enjoyable. Ms. Puskarcik responded that the attendance was lighter than anticipated, and the sponsors indicated they would schedule the event to take place a week earlier next year to avoid conflict with the Zoofari event. Mrs. Boring: 1. Reported that Mr. McDaniel has forwarded to Council the agendas for the organizational meetings of the three new advisory commissions. 2. Noted that Council has received an application for the Architectural Review Board from an architect who resides in Old Dublin. She suggested that Council --- convene at 6:30 p.m. on Monday, June 28, prior to the 7 p.m. Southwest Plan meeting, in order to interview this candidate. It was the consensus of Councilto hav~ theCle:rk sch~dule the interview at 6:30 p.m. on Monday, June 28. The meeting was adjourned at 8:50 p.m. ~~~ Clerk of Council