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HomeMy WebLinkAbout09/17/2001 , I' liILd.H',i:,d1t';~'I:', I RECORD OF PROCEEDINGS ><_"'''_'''~''''''''M,,,,_,,,,,,,,,,,,,,,,,,,,__,,,,,,,,,,,,Minute.s,,,,oi,,m'''''''__,,_,"_""'__"""_"''''''''''''_'_'_''''''_'''M''~_''''__''H_",_,""Dwlit1",Cit)l~C.ounci1.--""~""-~"'''''''''''-~''''''''''''''''''''~'''H_''_~''_''''-'''H''''~''m_~,,",,__MeelingH_'''''_''''''''_'''''_ I Held September 17, 2001 , (YEAR) Mayor Kranstuber called the Dublin City Council meeting of September 17, 2001 to order at 7:00 p.m. Roll Call r-> Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring, Ms. Chinnici-Zuercher, Mr. McCash, Mr. Peterson, and Mr. Reiner. Staff members present were: Mr. Hansley, Mr. Ciarochi, Ms. Grigsby, Mr. Smith, Ms. Clarke, Mr. Harding, Mr. McDaniel, Mr. Stevens, Ms. Crandall, Mr. Hahn, Ms. Puskarcik. Mayor Kranstuber stated that this has been a difficult week for the nation as it responded to the tragic loss in New York City, Washington D.C., and Pennsylvania on September 11, as a result of terrorist actions. He noted that a Dublin Police Officer, Sgt. Craig Hungler, who is Vice President ofthe National Chaplains' Association, has gone to New York City to assist with grief counseling. A member of the Washington Township Fire Department, Matt Modlich, is also in New York City to assist with search and rescue. On Friday, September 14th, Dublin hosted a memorial service for City and Township employees in Coffman Park. Ms. Chinnici-Zuercher led the Pledge of Allegiance. Ms. Kelly Jenkins, dau~hter of Mike Jenkins (president, Board of Dublin Convention and Visitors Bureau) and 9t grade student at Dublin Coffman High School, led in singing of "God Bless America." Approval of Minutes Mayor Kranstuber moved approval of the September 4,2001 Council meeting minutes as ~ submitted. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes, Vice Mayor Adamek, abstain. Correspondence The Clerk reported that no correspondence requiring Council action had been received. Citizen Comments Mayor Kranstuber noted there were no citizen requests to comment on non-agenda items. Staff Comments Mr. Ciarochi: 1. Stated that the Emerald Parkway bridge over S.R. 161/33 will be open to traffic on or about October 1 ih. A ribbon-cutting ceremony is planned for the opening. 2. Stated that the recent bids received on the Old Dublin crosswalk construction have come in over bid. The budget was set at $50,000. The lowest bid received was $56,000 plus changes. He suggested that, with Council's direction, staff couldpost those bids and examine them to see if items could be eliminated to bring the bid within budget guidelines. In the event they cannot bring it within guidelines, staffhas also advertised to re-bid the project. ~ Mayor Kranstuber, speaking for Council, indicated that $56,000 is acceptable, in view of the urgent need for the improvement. He requested that the appropriate legislation be provided for the September 27th Council meeting as an emergency. Mr. Reiner inquired ifthere is a budget surplus to fund the project. Mr. Ciarochi stated that there is contingency money to meet additional amounts requested. Additionally, the COst of the parking expansion project for year 2001 is expected to be less than the original estimate. Although there would be money to cover the bid, the amount exceeds the 15 percent acceptable margin. The City's Engineer's estimate was $40,000. Mr. Ciarochi stated that staffwill examine the bids and will provide emergency legislation with an analysis and recommendation at the next Council meeting. 2. Stated that a difficulty was encountered with the Old Dublin area sidewalk improvements. Those improvements had been incorporated into this year's street " d , ,. " RECORD OF PROCEEDINGS ,,,~,,,,,,,~,,,,~,,,,,,,,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,Minule.s,,,oL""'''''''''''M''_'''H'''''''''''~''''''''~''''H""""""~"~",,,,,,,,,,,,,,,,,,,,,,,,,,,,D:u.hli];l.,,,City:."CoU;t1Cil"""-",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,,,,,,,,Eag.e,,2,,,,,,,"""""""Me.e,ting_"""_"~",,,, Held September 17,2001 , (YEAR) I maintenance program to be completed by the contractors lined up for that program. Although some of the sidewalk improvements have been completed, the contractor has informed staff that he will be unable to complete the sidewalk improvements on the north side of Water ford this year. He has offered to complete the project in early spring at the ,~ same price. There are other options - it could be tagged on to another project or staff could bid the project. In the latter case, it is unlikely it could be completed before next Spring. Consequently, staff recommends holding that component of the sidewalk project out until next year, and retaining the current contractor at the current price. Mayor Kranstuber asked that the civic association be contacted and apprised ofthat development. Mr. Reiner suggested that it would be prudent to contact current contractors of other City projects and inquire ifthey would be able to meet the price. If so, this could be tagged on to a current project. The residents in that neighborhood are anxious for the sidewalk installation. Mr. Ciarochi agreed to check on that possibility and report to Council at the next meeting. 3. Referred to a memo he provided to Council regarding a meeting held with area developers concerning a possible joint venture to construct a public art/commercial development at the intersection of Bridge and High streets. The consensus was that it is premature to develop anything specific for Old Dublin until an overall vision is in place. Mr. McCash inquired if Council still needs to approve a location for the current Arts in Public Places project. Ms. Grigsby responded that the original location suggested by the Arts Council, the Gelpi mansion, was not approved by Council. Subsequently, Council directed staff to meet with Dublin-area developers and Ms. Rosenthal to study the possible location of the public art -.J"-, at the intersection of Bridge and High Street. As reported by Mr. Ciarochi, the committee's consensus was that until an overall vision is in place, they are unable to make a recommendation. Ms. Grigsby recommended that Council allow this to go back to the Dublin Arts Council for their review before taking any further action. Mr. McDaniel referred to a letter in Council packets from FirstLink concerning the Positive Youth Development Grantmaking initiative. Staff requests Council direction. Ms. Chinnici-Zuercher explained that FirstLink is a non-profit organization which connects people to services, resources, and volunteer opportunities. They are in the process of compiling directories for three cities, San Antonio, Philadelphia and Columbus for this initiative. This involves programs that meet four criteria for positive youth development, including anti-smoking and anti-tobacco programming. This directory was actually designed for the sales department, as a list of programs that they will take to their vendors and encourage them to participate philanthropically, financially and by volunteering. If a financial contribution is made, Phillip Morris will match it. One of the programs identified is in Dublin, and signatures are being solicited to be in the book for consideration. FirstLink's role is assembling the book. Mr. McDaniel stated that he has spoken briefly with Chief Geis and Kelly Heal and discussed opportunities for a youth anti-smoking message in the City's recreation programs to be tied into the Police Department's program for a joint youth anti-smoking program. They will consider that initiative on a case-by-case basis and try to put a ~ program together for a grant application. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 61-00(Amended) - An Ordinance to Restrict Parking in Residential Zoning Districts. Ms. Clarke stated that this ordinance began as a companion to another ordinance. The issue that the two ordinances addressed was parking of commercial vehicles in residential areas. The Traffic Code addressed parking on the streets; the companion ordinance drafted by the Law Director's office addressed on-site business parking; and 61-00 addressed parking on private property in residential areas. When the staff reviewed the Law Director's draft, they realized there were conflicts with the Zoning Code. Staff's i II :111 I RECORD OF PROCEEDINGS """"'''H"""""~",,,,,,,,,,,,~,,,,,,,,_,,~,,,,,,,,,Minut,e,s.,,,,Qf,,,,,,"~,,,,,,",,,,""'~"""'''H'''''_''''''''~~H''''''''''''~''H~~'''''''''M"",,,,Dub,lin-City;,,Co:uucil,,"""'~"""H""''''''~'''M",,,,,,,,,,,,,",,,_,,,,,,,,,,,,,,,,E.ag.e,,,3-~,,,,,~,,,,,,Me.eting,",_",,_,,~'''''' DAYTON LEGAL BLANK INC. FORM NO. 10148 Held September 17, 2001 , (YEAR) intention was to revise the Zoning Code accordingly. When this revision was reviewed by the Planning and Zoning Commission a few months ago, there was a lengthy debate. They recommended three changes to the ordinance, and that recommendation was defeated. The ordinance has been scheduled for a second reading and public hearing at ~'" Council's request; it has no recommendation from the Planning Commission. Subsequent to the Planning Commission draft, there has been one change in the ordinance: the height of the garage door for a commercial structure has been changed from 8 feet to 9 feet. This will permit a commercial vehicle to be stored on a residential lot, provided that it can fit within a garage with a door not greater than 9 feet. Mr. Adamek inquired if a pick-up truck driven by the resident and parked in the driveway would be in violation. Ms. Clarke stated that if it fits within the definition of a personal vehicle, it would not; if it is a commercial vehicle, it would. The definition provided by the ordinance for a commercial vehicle is: "any vehicle used, or designed to be used for business or commercial purposes, which infringes on the character of a residential district and includes, but is not necessarily limited to, a bus, cement truck, commercial tree-trimming equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-trailer, or any other non-recreational trailer used for commercial purposes, stage bed truck, step van, tank truck, tar truck, or other commercial-type vehicle licensed by the Ohio State Bureau of Motor Vehicles as a commercial vehicle or commercial truck." That is the same definition used in the Traffic Code. Mr. Adamek stated that this ties up loose ends between the home occupation section of the Code and the parking section of the Code. Mr. McCash inquired about paragraph D. Personal Automobile, sections # 2 - Registration and # 3 - Maintenance/Condition. If an individual houses entirely within their garage a ~ vintage automobile being restored, would that violate either section #2 and #3, or should that be clarified? Ms. Clarke stated that would be within the intent of the definition. The City does not receive complaints on vehicles within an enclosed structure, nor are they identified in neighborhood surveys. Mr. McCash moved to add language to section 3 - Maintenance/Condition to read "All inadequately maintained personal automobiles shall be removed from the residential lot, or located entirely within an enclosed garage." Mr. Reiner seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes. Vote on the Ordinance: Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Ordinance 93-01- An Ordinance Adopting the 2002-2006 Five-Year Capital Improvements Program. Mr. Adamek stated that he was not present at the second CIP meeting. His understanding is that there were no objections to the CIP budget with the exception ofthe Glick! Muirfield intersection project. He noted that there has been a great deal of discussion regarding this issue. He stated that it was indisputable that the intersection needed to be made much safer. There have been many accidents at that intersection over the last few years, particularly since the Tartan Fields development. The aspect of the project that has ---- become a matter of debate are the landscape enhancements to the intersection. He clarified the following facts: (1) At last year's capital improvements budget meeting, $350,000 was approved for improvements to this intersection. (2) After extensive review by the City engineering department, it was determined that additional monies were required to improve the safety of this intersection. (3) After a temporary traffic signal was installed, it was determined that some ofthe stone walls, landscaping, and the Muirfield sign would have to be removed to improve the line of sight for that intersection. (4) Zande & Company was retained to develop a concept plan for intersection improvements, including landscaping enhancements. The initial concept plan was returned to the City Engineer with a $1.5 million price tag. (5) Following lengthy discussion at the CIP budget hearings, Council approved a budget of $1.3 million. He noted that this project has taken some unusual turns. Normally, staffwill inform I ! I }iIlltbfth~<if~;!JII:\:.~;j:J\i~li:ilfmJlU,f@I,~+,jF'H (ljll!!ttW!Hi"II'L:dt~l; Ii, . ',IIIL{tH.j; . Ail . ': ~!h I RECORD OF PROCEEDINGS "'''~''''''''''''''''''_''''M''MM,,,,,,,,,,,,,,,,,,,,,Minul.e.s,J:)fM''''''H''''''''''''''''''''''',,'',,,'',,,,,'',,M',,'-''',,,,,,,,''-''-,,,''''',,,,,'',''''-,,,Dublin,,,CitJL"Council""""""H"""""_"'~"'~_"H~"~"~~"M"'P_ageH4HMH"~''',,-,Meeling'M'''~''~''''''''___'' Held September 17, 2001 , (YEAR) Council of a project that requires CIP budget approval, provide an estimate for the project, and Council will approve it at the CIP meeting. Although a concept plan for this project was approved by Council earlier this year, and also by the Muirfield Association Board, it did not include cost estimates. When the concept plan was returned to Council for CIP ~..........- approval, a cost of$1.5 million was attached. Because of the disparity from the estimate provided at last year's CIP meeting - an increase from $350,000 to $1.5 million, questions were raised by Council. Although this project involves a million-dollar infrastructure improvement, including roadway, sidewalks, leveling of hillocks, signage, etc. -- that portion has received approvaL*' One additional component, the scope of the landscaping, remains in discussion. He asked that everyone keep in mind that the issue is only landscaping, not major issues such as confronted the nation and world this past week, and that an unemotional discussion of the issue ensue. Mayor Kranstuber invited public comment. George Burris. 6016 Kentigern Court S., read testimony he submitted to Council for the record. Over the past several months, he was involved in the discussion with Council of a turn lane project to serve the Kentigern neighborhood. He now believes, based upon recent communication from the Muirfield Association, that internal dissention and politics played a role in the denial of his request, as well as the debate over the Muirfield/Glick intersection project. He considers the letters to be misleading and unfair to the parties targeted. The expectation that the City should fund this level of improvements at MuirfieldlGlick is unfair to the other taxpayers and residents of Dublin. There was obviously poor communication on this matter and some politics involved. The request ofthe citizens of Kentigern Place was for a turn lane to provide improved convenience and safer access off Muirfield Drive, less than % mile from this location. "..---.. There have been accusations about disparaging remarks made by certain Council members in regard to the Glick/Muirfield project, but there were equally disparaging remarks made by another member of Council at a Muirfield Trustees meeting. Through his attendance at Council meetings, he has gained a good understanding of all of the Council members' basic values and their individual methods of addressing the issues that come before Council. Mr. McCash is diligent in budget oversight, which is important with a $145 million CIP budget; Mrs. Boring interests rest with the young people in the community and not the special interest groups. The letter from the Muirfield Association Board of Trustees letters implies that they were given a false sense of expectation from Mr. Kindra, City Engineer. Mr. Kindra emphasized, however, that Council had approved the concept for the project but had not yet been given the cost estimates. He indicated that there would likely not be an issue with funding, as staff had been instructed to make every project in Dublin "A+". Judging from past involvement with the City Engineer on other projects in this area, Mr. Kindra has been unfairly blamed in this situation. However, he is not the responsible party; the responsibility lies with the wants of a special interest group and the Muirfield- Dublin taxpayers. Vern Pace. 8547 Pitlocluy Ct., stated that he has been a resident of Muir field for eight years, an active member of the Muirfield Village Civic Association and is the editor of the newsletter for the Association. In response to a recent political cartoon, he wrote a letter to the editor of the Dublin News, in which he responded to the biased political cartoon in ......- the September 12th issue, entitled, "Muirfield puts the "I" in Dublin." He is saddened that Dublin News has taken the stance that the people in Muirfield are to blame. The residents of Muirfield Village did not start this war of words; a few members of City Council did. Openly disparaging remarks about Muirfield by Mr. McCash and Mrs. Boring were uncalled for and have angered many Muirfield residents. Muirfield residents represent approximately 25 percent of the population of Dublin. They are proud of their Village and their ability to pay their own way for the many amenities they enjoy. This independence provides a great savings to the City of Dublin. Through their tax dollars, patronization of local merchants, volunteer work, ownership of local businesses, and other interaction in the community, they contribute greatly to the economy, vitality and prestige of Dublin. They do not deserve to be demeaned by members of City Councilor the newspaper, and deserve no less respect than members of any other community in Dublin. He is confident - I I '!#jLt~'iR1Ff,lP~\;;":lF~;~~Bi!filHH;f:llij:!i,ji,,'ij;:;lllIrl:l:JhJi:JHL'i'mliH"! . 11l!j'~;fU<1t,4lt.'~li!1 RECORD OF PROCEEDINGS """'_'''''W''"''W''"'_''MH''W''''W'''''WM""",Minute,s'l)f",,,ww''~''H''''MH",w'~'mM"'''''''''''''m''''Hw''M""~,,,wwm''H,,,,,~,wwmwDublin,,,City~,Co:u.nci1-""w""''''''""'~'''W''~''H"""~",,,,,,,,,w''m,,,,wm,,,J?.age,,,5,w,,-w-"ww"Me,eting,w,,,,,"m,,,,,,wmw_,, DAYTON LEGAL BLANK INC. FORM NO. 10148 Held September 17, 2001 , (YEAR) that Council will come to a reasonable compromise. He hopes that the rancor resulting from this debate will quickly subside and that everyone in Dublin will understand that the residents of Muir field are their friends and fellow citizens. ~1 Jamie Zitesman. 5701 Springburn Drive, asked all residents of Muirfield to stand to identify themselves. He stated that the last Council meeting was an aberration. Personalities were revealed, and the citizens do not want to see that occur again. In contrast, he appreciates the receptiveness of those Council members with whom they have met. They understand compromise is necessary, but he believes that the Muirfield residents are requesting only what is needed. It is a necessity that the renovation of the intersection be done; it is also a necessity that the renovation be done to the usual Dublin standard. In particular, it is a necessity that the citizens have a City government that works for the whole of Dublin. He is confident that Council's decision will be for the usual Dublin project, of which its citizens are so proud. He added that, because of its origin, Muirfield is different. It is different in a way that draws notice; there are signs on Sawmill that direct travelers to Muirfield. Decisions regarding changes at the Muirfield intersection should reflect that difference. Council's decisions should always include consideration of the different needs and circumstances of individual neighborhoods. The East, Southwest, Old Dublin - all are different, different but not better, and decisions made regarding each should reflect that. It is an inappropriate perspective to say that if something isn't done at a Sawmill Road intersection, it should not be done at Muirfield/Glick. Don Dwyer. 9075 Kildoon Ct., stated his position is the same as has already been shared, but the additional point he would like to make is that Council has done a poor job with -r- public relations on this item. If there is that much strife on City Council, he is interested in seeing changes made. Larry Holbrook. 8372 Muirfield Drive, president, Muirfield Association Board of Trustees, stated that he appreciated Mr. Adamek's comments. At the last Council meeting, an allusion was made that City staffhad conspired with the Board of Trustees on the design of this proj ect. On behalf of the Trustees, he would like to state that they were not aware of the design prior to the meeting at which Mr. Kindra and the R.D. Zande representatives presented the concept plan. At that meeting, Mr. Kindra made it clear that although Council had seen the design, they had not appropriated any funds. Mr. Holbrook has been with the Muirfield Association since 1973, and has been involved with Muirfield Golf Club, Muirfield Ltd., Muirfield Country Club, and the Board of Trustees. Muirfield's attitude has always been one of cooperation with the City, and that attitude will remain. The point he would like to make is that the design for this intersection should be what the residents of the entire City will be proud of. The Memorial Tournament involves the entire City. There is an exorbitant amount oftraffic from all over the United States, and at that intersection, a clear message is sent about Dublin, not just Muirfield. Jack Chaisson. 5645 Whitecraigs Ct. stated that he is disappointed with the time this decision has taken since the walls were removed from the intersection in March and ugly poles were temporarily erected for the signalization. The residents were also unaware of what was going on; there could have been better communication. He emphasized Mr. ,,,...... Adamek's point that $1 million ofthe project would be for engineering and safety components, not aesthetics. Public information needs to be corrected to reflect the fact that three-fourths of the cost ofthe project is for those improvements. He has also been unhappy to hear of the squabbling among Council members. He encouraged Council to resolve this issue in an appropriate manner, and move on. Public comments closed. Mr. Adamek moved to amend the Capital Improvements Projects budget as follows: amend ET-0105, Glick Road/Muirfield Drive intersection improvements to read $1.385 million in year 2002, with the following conditions of understanding: (1) the allocation be broken into: (a) $950,000 for road improvements, which includes a RECORD OF PROCEEDINGS ,""""",,,,,,,,~,,,,,,,,,,~,,,,,,,_,,,,,,,,,,,,~~,,,,,,,,~nut.es,,,,Qf"""""""'~"'"''''M'''''''"""","H~""~"-'''''H_''~~H"",,,,,,,,,,,,,,,~~DlJblm,,,,C,ily,,,Co,lJ.tlcil,,,,,,~,,,,~_"-"-,,,,,,,,~,,,,,,,,,,,-,,,,,~,,-~,,E.age,,.6,,,~,,,,,,,,_,,,,,,,Mee1ingH"_""_"""''''"",_ DAYTON LEGAL BLANK INC. FORM NO 10148 Held September 17,2001 , (YEAR) 15 percent contingency; (b) $435,000 for landscape improvements, due to the removal of mature vegetation, which includes a 15 percent contingency, and in keeping with the tree preservation ordinance, (c) a separate allocation to be requested if the road improvements exceed the budget, so that the landscaping component of the project ,- will not be impacted. (2) modification of the water and waterfall feature to be more of a recirculating fountain; ,. (3) removal of the fogging feature; (4) the light poles and traffic signal poles to be designed as those at all other intersections in Dublin; (5) removal ofthe artwork and Tournament logos from the design concept; (6) protection of any mature trees that are not directly impacted by the road construction, and the landscaping work to be done in such manner as to accommodate the mature tree growth. Ms. Chinnici-Zuercher seconded the motion. Mayor Kranstuber confirmed that the motion reflects the "C" alternative previously provided to Council. He noted that the expense of renovation of this intersection exceeds the cost of previous intersection renovations, as none have required such extensive reconstruction. He added that the landscaping ofthe intersection was considered at four different levels, from replacement of the current landscaping only to replacement and enhancement of the landscaping and adding art and water features. The compromise on the table is at the third level. He stated that Council trusts that the excellent working relationship between Muirfield Village, the City Manager's Office and City Council will be preserved. Council works on 20-30 issues a month, and this one was not was not managed well. Council must take full responsibility for the poor tone of discussion during the debate. He referred to Mr. ....~ Zitesman's description of that meeting as an aberration, and having been on Council ten years and the Mayor for six years, he believes that is so. Normally, this City Council focuses on the issues, not personalities. Mr. Pace also mentioned that Muirfield has set a standard, and that is clearly the case. About 20 years ago, Jack Nicklaus created Muirfield Village in Dublin, and that did make this area different from other cities, and set a high standard for the community. This amendment and appropriation to the CIP budget recognizes that. Mr. Reiner thanked fellow Council members for the compromise offer. This intersection has always been a Dublin issue, not a Muirfield issue. State funds are not available for the road improvements of Glick Road and S.R. 745, so this intersection became a major entry feature project for the City. Mr. Kindra is an exemplary engineer and has made the City proud. His intention was to Dublinize this area, as the City has done at other sites. The Engineer's estimate for the project was $1.67 million, and the compromise is $1.385. As Muirfield's representative, he thanked the residents for taking such an interest. He noted that because of the property taxes, Muirfield residents contribute significantly to the City's budget, and during his term on Council, there has not been another major CIP improvement adopted for this ward. He, personally, voted for millions of dollars to be targeted to upgrade the Southwest, as well as other areas of the community. This is the first issue in his ward. Remaining true to his responsibility to his ward, in good conscience, he may not be able to support the compromise. However, he agrees with the need to move on. ~. Mr. Adamek called for the vote. Vote on the motion: Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, no; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Reiner, no. Ordinance 105-01 - An Ordinance Declaring Improvements to Certain Parcels of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit those Parcels, Requiring the Owner(s) Thereof to Make Service Payments in Lieu of Taxes, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such I ""'~,~ i i I t .1 Ii l[TIrr:;[][ 'I i ii..iii, .. ili! ..' RECORD OF PROCEEDINGS ""M""_"M"_,,,,,,,,,,,,,_,,,,,,,,,,,,,,,,,,,,,,,Minut.es,,,of'''''''''''''''''''H''''''"""'''''''''''''~''m''''''_''''''-''H""""-",,,,,,,~,,,,,,,,,,,,Dub-1ill,.c4tY.''C.QU.]:l-Gil"""""-'''m''''''''''''-''''''''~''''''''''''''m"""""""",l?ag-e",:Z"",,-,,,",,,,,,,,,,Me,elin~,,,,,,,,,,,,,,,,,,,,,,,, Held September 17,2001 , (YEAR) Service Payments, and Approving and Authorizing the Execution of a Tax Increment Financing Agreement. Ms. Grigsby stated that this legislation provides for the establishment of a tax increment financing district for Town Center 1 and the future development of Town - Center 2. This is a good example of the City and the school district working out a solution to meet mutual parking needs. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes. Ordinance 112-01 - An Ordinance Providing for the Issuance and Sale of Not to Exceed $3,800,000 Principal Amount of Bonds to Pay Costs of Improving the City's Service Center Complex by Constructing, Furnishing and Equipping a New Service Center Building and Making Related Landscaping and Site Improvements, Together With All Necessary Appurtenances, and Declaring an Emergency. Mr. Hansley stated that staff recommends passage by emergency so that the City can proceed with the sale of bonds. Ms. Grigsby noted that recent events have impacted the City in terms of working with the markets and the rating agencies. They are trying to work out a pricing for the first week of October, but this may be delayed. Mayor Kranstuber moved for passage by emergency. Ms. Chinnici-Zuercher seconded the motion. V ote on the motion: Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, - yes. Vote on the Ordinance: Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 114-01- An Ordinance Accepting the LowestlBest Bid for the Northeast Quad Park Development, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that a memo in the packet provides information on the bids. Staff requests adoption by emergency. Mayor Kranstuber moved for passage by emergency and to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. Vote on the Ordinance: Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes. Ordinance 115-01- An Ordinance to Appropriate a 36.748 Acre, More or Less, Fee Simple Interest From Anacleto Galli and/or a Designated Representative of the ~ Anacleto Galli Trust Dated 217/95, Located North of Woerner Temple Road and West of Avery Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Smith stated that the resolution to appropriate this parkland property was adopted at the last meeting. This appropriation is by agreement. Mayor Kranstuber moved to pass by emergency and to dispense with the public hearing. Mr. Adamek seconded the motion. V ote on the motion: Mr. McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. V ote on the Ordinance: Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes. , , I RECORD OF PROCEEDINGS """'_"~"'M,"__,~",,,,,,,,,_,_,,_,,,,,,,,,,,,,,~nute,s._Qf,,_,,,_,,",,,,,,,_""""~"M""""M''''_~__~'~''''''''__''''''~'~__''~HD"ubliJl"Ci~_,c.ouncil"'''_'~"'~'M,,,~"~_,,,,,_,,,~,,,,,,,_~,,,,,,,,,,,l?,agej~,~,,~,~,,~,,,Me,eling.~"M'_~'~"''''' DAYTON LEGAL BLANK INC. FORM NO. 10148 Held September 17, 2001 , (YEAR) Improvement of Woerner Temple Road and Eiterman Road between Certain Termini by Constructing, Extending, Opening, Improving, Grading, Draining, Curbing, landscaping and Providing Sidewalks, Bikeways and Lighting Systems and All Related Sewer and Water Utility Improvements, and Providing all Related Work -- and Appurtenances; Determining the Necessity of and to Proceed with the Improvement; and Levying Special Assessments for the Improvement, and Declaring ~.J" an Emergency. Mr. Adamek introduced the ordinance. Ms. Grigsby stated that an updated version ofthe ordinance has been provided tonight. Previously, the assumption was that it would be a 100 percent petition. Today, staff learned otherwise, and, consequently, the language was changed from 100 percent to 75 percent, as allowed by O.R.c. The property ofthe owner who has not signed the petition would still be included in the assessment area. His property would still be assessed based upon the information that was in the development agreement that all the property being zoned would be included in the assessment. She clarified that the need for emergency passage is due to the fact that this ties in with the next ordinance, which authorizes the assessment bonds. Staffs intent is to meet the early October deadline for pricing, so there a need to forward everything to the County Auditor's office to be included in the 2001 tax year records. Mayor Kranstuber moved for passage by emergency and to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion: Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes. Vote on the Ordinance: Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; ~ Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. McCash, yes. Ordinance 117-01 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $1,700,000 for the Purpose of Paying the Property Owners' Portion, in Anticipation of the Collection of Special Assessments, of the Cost of Improving Woerner Temple Road and Eiterman Road between Certain Termini by Constructing, Extending, Opening, Improving, Grading, Draining, Curbing, Landscaping and Providing Sidewalks, Bikeways and Lighting Systems and All Related Sewer and Water Utility Improvements, and Providing All Related Work and Appurtenances, and Declaring an Emergency. Mr. Adamek introduced the Ordinance. Ms. Grigsby stated that this legislation is for the issuance of $1.7 million in special assessment bonds as part of the Ballantrae residential golf course development, per the development agreement. Mayor Kranstuber moved for passage by emergency and to dispense with the public hearing. Mr. Adamek seconded the motion. V ote on the motion: Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. McCash, yes. V ote on the Ordinance: Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; ,...--.. Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. ,- Ordinance 118-01 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2001. Mayor Kranstuber introduced the Ordinance. Mr. Hansley noted that a memo of explanation was provided in the packet. Ms. Chinnici-Zuercher inquired what the total amount of money was that was spent for this line item. Ms. Hoyle responded that it was just under $3.0 million, of which $2.4 million is just for medical claims. There will be a second reading/public hearing at the October 1,2001 meeting. i' I L: - ;I,ml iLl' RECORD OF PROCEEDINGS MinuteSQf'''''''''''''''_'''''''''''''_''''M'_''M'''m''''''''''''''''''''''~'H''H''~''H''~Dt1hlin"City,-Co:uJlcil",,,,~,,,,,,,-,-,,,,,,,,,,,,,,,,,,,,,,,-,,,,,,,,,,,,,,,~,,,,,Eage,9.",,,,,,,,,,,,,,,,,,,,,Meeting""M'''''''''''''H,,m ",<,,,,,,,,,,,,,,,,,/Q,,,",""'Nuu/M"NffH".''''''',,"u'',,,/H,,,,,,,,,,,,,,,,,,"'''Q, '. . . """ DAYTON LEGAL BLANK INC. FORM NO. 10148 Held September 17, 2001 , (YEAR) Ordinance 119-01- An Ordin.ance Provh;ling for a Change in Zoning for 44.208 Acres Located on the West Side of S~wmill Road, from: PUD, Planned Unit Development District, to: PUD, Planned Unit Development District. (Northeast ;,-" Quad PUD, Subareas 5A and 5B - Giant Eagle Center - 7605 Sawmill Road/Case No. 00-042Z) - Mrs. Boring introduced the Ordinance and moved to refer it to Planning and Zoning Commission. Ms. Chinnici-Zuercher seconded the 111ption. Vote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Ordinance 120-01 - An Ordinance Providing for a Change in Zoning for 1.069 Acres Located on the North Side of West B,ridge Street, Approximately 300 Feet West of High Street, from: R-2, Limited Suburban Residential District, to: SO, Suburban Office and Institutional District. (Dublin Schools - 62 W. Bridge Street/Case No. OI- 102Z) Mrs. Boring introduced the Ordinance and moved to refer it to Planning and Zoning Commission. Mr. Adamek seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Ordinance 121-01-An Ordinance Providing for a Change in Zoning for 17.4 Acres Located at the Southwest Corner of Avery-Muirfield Road and Post Road, from: ..- PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Riverside Hospital PCD - Text Revision/Case No. 01-101Z) Mr. Adamek introduced the Ordinance and moved to refer it to Planning and Zoning -' Commission. Mr. Peterson seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Ordinance 122-01 - An Ordinance Providing for a Change in Zoning for 30.5 Acres Located on the East Side of Hyland-Croy Road, Approximately 800 Feet South of Brand Road, from: U-1, Rural District (Jerome Township Zoning District), to: PLR, Planned Low Density Residential District. (Bishop's Run - Valentin Parcel/Case No. 01-096Z) Mrs. Boring introduced the Ordinance and moved to refer it to Planning and Zoning Commission. Mr. Adamek seconded the motion. V ote on the motion: Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes. Ordinance 123-01 - An Ordinance Providing for a Change in Zoning for 92.25 Acres Located at the Northeast Corner of Hyland-Croy Road and Mitchell-Dewitt Road, from: U-1, Rural District (Jerome Township Zoning District), to: PUD, Planned ,......., Unit Development District. (Dublin High School III - 8300 Mitchell-Dewitt Road/Case No. 01-095Z) - Mr. Adamek introduced the Ordinance. Mrs. Boring inquired if Council is doing this without a recommendation reflecting Council's previous discussions about the setback requirements. Mrs. Boring moved to refer the ordinance to Planning and Zoning Commission with the request that the Planning Commission is mindful that the 200- foot setback is only a recommendation, not a requirement oflaw. Ms. Chinnici-Zuercher seconded the motion. Mr. McCash inquired if there is a timeframe Council would like to request for this legislation. Mr. Ciarochi stated that the time frame the schools are working with is the bid date, which ,I RECORD OF PROCEEDINGS ''''''''''''^,'''''''''m_'~''~''''m_''_''m""""""Minul.es"j}f,,''m'~'''''H_"'~'''m'''''''''m''m'''''''~''mm''m'^,'''''~'''''''m'''m"",,,,,,,,,,,,,,,,Du:blitlmCity""Co:ullCilm~""''''''''~'''''''H''''m''''m'''''~''m'''''''~'''''m",P.age"Hlo.M",,,,,,,,_,,,Me,,eting,,,,"""""m"M"~" DAYION LEGAL BLANK INC. FORM NO. 10148 Held September 17, 2001 , (YEAR) I has been moved to the month of December. Planning and Zoning will keep that date in mind as it proceeds with its review. V ote on the motion: Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. ,....., Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 43-01- A Resolution Accepiing the Amounts and Rates and Authorizing Tax Levies. Mr. Adamek introduced the resolution. Ms. Grigsby stated that this is a standard housekeeping procedure, which is required by the Ohio Revised Code. The inside millage is allocated in accordance with the tax budget, which allocates those funds to the parkland acquisition fund. Mr. McCash stated that a year ago, he suggested the possibility of giving back to the residents the City's portion of the property tax. Is this the City's property tax allocation? Ms. Grigsby affirmed that it is. She noted that the direction following goal-setting 2000 was to identify a dedicated funding source for parkland acquisition. Subsequently, Council authorized allocation ofthe City's inside millage, which is approximately $2 million/year, to the parkland acquisition fund. That allowed the City to increase its dedication for that purpose from $6 million to $11 million over the five-year period. Mrs. Boring inquired if Council were interested in seeing a portion of this amount reduced, how would that be accomplished? The City is on the verge of being able to finance its needs with its income tax, and it may be time to consider returning money to the residents. - Ms. Grigsby responded that the first step would be in the tax budget process. The next one begins in June and will be adopted by Council at the end of June or early July. The tax budget is then sent to the County Budget Commission and, based upon the tax budget, they create the document before Council tonight. She pointed out that those funds are being dedicated now to the parkland acquisition fund for acquisition of land which the City has identified as desirable to purchase. Mrs. Boring inquired if it is possible to dedicate those funds from the general revenues, cutting down proportionately in other areas as necessary. Ms. Grigsby stated that the general fund, the income tax, could be used for that purpose. However, with any reduction, even the entire 1.75 inside millage, the average homeowner would realize about $ 125.00/year. From the City's standpoint, collectively, those monies are of much more benefit to the resident when used for acquiring parkland. Mrs. Boring stated that if Council should eliminate the millage, it wouldn't necessarily eliminate the parkland acquisition commitment. It could still be budgeted. Mr. Hansley clarified that the first step in such a process would be eliminating $11 million from the five-year CIP. Much ofthe property tax comes from corporate tax, rather than from residential. It is a good way to fund parkland acquisition, as it takes only about $125 per home, and most of it comes from the commercial tax base. Mrs. Boring stated that it still merits discussion. ,~ Ms. Grigsby stated that if that should be Council's direction at its next goal setting, staff ! can make adjustments based on those directions. Ms. Chinnici-Zuercher suggested that the Clerk compile a list of considerations for Council's 2002 goal-setting. This particular suggestion would require preparation of material in advance to facilitate educated dialogue. Mayor Kranstuber inquired how elimination of the inside millage would be achieved legally. Do the bonds expire? Ms. Grigsby responded that it would be impossible to impact the voted millage without a vote. However, the City has the ability to adjust the inside millage, which was assigned to the City at 1.75 mills in the 1930's by the state. TT r I 'i,'!! WII! [i!tH .1 " .: I;:T. i U:I I RECORD OF PROCEEDINGS "'_''''''''_'''''''''''H'''''''''''''~H'''''''_''M",,,Minules,,,oi'''''''''''''''''''''''H''''""""~"~"""""""'''''''H'''''''H''''''''''''_''H"",_"~",.o.u.blll1",,C.it:y:,,~utlGil~"M'''''~''''''m_'''_''H"""",,,~,,,,,,,,,,,,,~,,,,,Bage.,,,l,,L,,,_,,,,,,,,,,,,Me.etin~"""""_"~"'''''''H DAY 1 ON LEGAL BLANK INC. FORM NO. 10148 , Held September 17,2001 , (YEAR) Mayor Kranstuber inquired about the timeframe for implementation, in the event Council were to approve an ordinance that the City will no longer utilize the inside millage. Ms. Grigsby stated that this would begin with the tax budget process in May which is filed with the county in June. From the tax budget, the Budget Commission meets, creates this ,..--, document, and sends it back to the City for confirmation. Mayor Kranstuber clarified that there is nothing that precludes action prior to the February or March goal setting meeting. Mr. McCash stated that ifthe total is $11 million over five years, it is $2.2 million annually that the City would have to replace. That is not a large amount. Ms. Grigsby stated that if this is Council's direction, and ifin the preparation of the CIP and operating budgets, these dollars are not available, then it will result in several projects not being funded over the next five years. Mr. Adamek stated that is a substantial amount of money over a five-year period that the City uses for parkland dedication. Some of this is going to the Metropark agreement and other projects. It may appear to be a noble goal; however, it is important not to move quickly without careful consideration. He would like Ms. Grigsby to provide information on how this would impact financial ratings, as this would eliminate a funding source for the City. It could affect bond ratings and how the City does business, which could be of greater impact than $2.2 million/year. It is necessary to be very cautious. Ms. Chinnici-Zuercher stated that it would be appropriate to discuss this at the budget meetings in November. Staff would present the recommended budget, but could also identify areas that would be impacted, should the inside millage be eliminated. That should allow staff time for analysis. ,.-.., Mayor Kranstuber stated that an additional budget meeting could be scheduled, if necessary . Mr. McCash moved to request that staff provide information to Council on the possibility of eliminating the inside millage and the potential impact on the capital improvements program, the operating budget, and related items, and that the report be brought to Council for discussion at the operating budget review sessions in November. Ms. Chinnici-Zuercher seconded the motion. Mr. Adamek inquired if Council makes a decision to eliminate or reduce the inside millage in May, and the County Auditor is notified ofthat change, when would the tax be eliminated? Ms. Grigsby responded that it would be eliminated for tax year 2002, which would be collected in 2003. Mr. Adamek stated that the City could continue with next year's operating budget as proposed. Years 2003 forward would be revised in the CIP. Ms. Grigsby stated that it would still impact the 2002 operating budget and CIP combined. Staff would look at the 2002 budget and identify those areas that would be impacted. Mayor Kranstuber inquired if it would be possible to eliminate the residential property tax portion only and not the commercial property tax. Ms. Grigsby responded that would not be possible. r- Mr. McCash stated that the suggested change would affect tax increment financing agreements as well. V ote on the motion: Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes. Vote on the Resolution: Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. Resolution 45-01 - A Resolution Urging the Director of Transportation of the State of Ohio to Improve the Intersection of S.R. 745 and Glick Road. Mr. Adamek introduced the resolution. Mr. Ciarochi stated that this has been placed on the agenda at Council's direction from the previous meeting. Staff has been advised that ODOT has withdrawn this project from programming at the present time. The primary issue is the large -_._~- I RECORD OF PROCEEDINGS "~'~"""""""""""""""_"M",~""",,,Minules,,,,Qf""'M"'''M''_''_'m''"""H"'''''''''''_H__''''''''m"",_""",,,,,,''m_m,,,,,_,,,,,-,-:QlJbl.i~Cit;y"~uJlGil"_""_""""H""_''''~_''M''__~'''''''''M,,,,,,,,,_,Eage.-l,,2_,,''m''''~MM.eeling"'''M''M'''~''''_''_ DAYTON LEGAL BLANK INC. FORM NO. 10148 Held September 1 7, 2001 , (YEAR) storm sewer currently flowing into a bottleneck and then down to a smaller storm sewer. This component of the project for the intersection will be very expensive. Mr. Ciarochi has asked Ray Lorello of ODOT to provide revised estimates for the project, compared with what had previously been estimated. When he receives ".--, that information from ODOT, he will provide it to Council and to Shawnee Hills in consideration ofthe possibility of obtaining matching funds. When he receives that information from ODOT, Mr. Ciarochi will provide it to Council and to Shawnee Hills in consideration of the possibility for matching funds. He noted that Mr. Lorello indicated that ODOT had been very interested in the project until the scope extended beyond a maintenance activity for ODOT. Mr. Ciarochi inquired if there would still be ODOT interest if there were a way to bring this back within the scope of a project they could consider funding. Mr. Lorello has indicated that ODOT would be interested. Mr. Adamek asked that the City also talk with the Village of Shawnee Hills. When a City has that type of impact, they generally request developers to share costs. This may be an opportunity for Shawnee Hills to consider this option with the Walgreen developers. Mr. Ciarochi will share that suggestion. Ms. Chinnici-Zuercher asked why it is necessary to pass another resolution, as one was approved last year? Mr. Ciarochi stated that it is to express continuing Dublin's interest in finding a way to accomplish the project, even it requires a tri-party agreement and involves a share from the developer. Ms. Chinnici-Zuercher suggested that the second paragraph be deleted. It is a ,---, Dublin-related project, affecting much more than the immediate development area. Mr. McCash suggested that it be amended to read: "Whereas the neighborhoods near the intersection are impacted by the increased traffic volumes at this intersection and the citizens of Dublin have requested that the City urge the State of Ohio to place a higher priority on the improvement of the intersection at 745 and Glick Road." Vote on the amendment: Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici- Zuercher, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Vote on the Resolution: Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. OTHER Final Plat - Wyandotte Woods. Section 2. Phase 1 Ms. Clarke stated that this is a straightforward plat of 44 lots and 14 acres of parkland, which conforms with the approved preliminary plat. On this site there was also a partial tree waiver granted by City Council. The Planning Commission recommended approval with eighteen conditions, the most complicated of which was the requirement that the applicant submit a speed study in consideration of the possibility of lowering the speed limit along Riverside Drive. That study was submitted and concluded that there was no basis for lowering the speed limit from ,,~ the currently posted 50 mph. The City staff reviewed the report, concurred with the conclusions, and will not be forwarding it to ODOT since there is no support , for reducing the speed. . Mr. McCash inquired if the City can lower the speed limit, or if it is something the State must do. Mr. Kindra indicated that the State has the authority to do this. Mr. McCash inquired if the speed warrants are different in this area of Riverside Drive than further down by the Emerald Parkway Bridge. In that location, the speed was lowered to 40 mph. Was the speed lowered because of bridge traffic flow? Mr. Kindra responded that the area near the bridge was a more debatable area. There were additional factors, such as a curve at Tuller Road which reverses at the .1 RECORD OF PROCEEDINGS 'm_"'mmmmmw_ww""~wm""m_,_w"wm",,,,,,Minule,,~Loi~w,,,,,_'"'m"m,~"w",w'''M'''_''mH''~'''''''''~'''W,""""",,,,_wmH'C''''''mH01J:g.li.n~Ci~--C.oo,:n.Gi1'mM"""'''''~''''m_"wmMwHw'''''''''_''"mmm'M,,,Eage'''Hl,3'''M'w"",,,wMe.etingm"""'~~"'~""'" DAYTON LEGAL BLANK INC. FORM NO. 10148 Held September 17, 2001 , (YEAR) bridge, which the City used in its petition to ODOT to reduce the speed. Such other factors are not present in the second area along Riverside Drive. Mr. McCash requested that this area be maintained on a watch list for traffic congestion, accidents or other safety factors which would provide supporting _. documentation for a later request to ODOT. Mr. Kindra will relay that direction to his staff. Vote on the Resolution: Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Council Round Table/Committee Reports Mrs. Boring: 1. Stated that since the increased traffic at the Glick and Muirfie1d intersection is coming from Delaware County, perhaps that entity could be asked to share in the cost of renovations. Is sharing of the financial responsibility possible? Mr. Ciarochi stated that staff could follow up on that request and forward a report to Council. Mr. Peterson: 1. Referred to a memo from Mr. Hahn regarding the Recreation Center property line and fencing issue, inquiring if Council would oppose permanent fencing to replace the temporary fencing. Mr. Peterson moved to approve the permanent replacement of the temporary fence along the same property line. Mr. McCash seconded the motion. ,.-.. Mr. Adamek inquired if staff has requested this to minimize the impact on the current landscaping. Mr. Hahn stated that his task was to have a permanent fence line established as close to the true property line as possible without significant damage to landscaping. When a proposed fence line was laid out following that direction, it had many bends and turns, and the residents were unhappy with the fence line. The temporary fence, which was installed over three years ago, is at the IS-ft. line. Mr. Adamek stated that if the City's intent is to make the fence simplistic and to appease the neighbors, he would request that an agreement be drafted whereby the residents maintain their side of the fence to an acceptable level. This would prevent a later situation in which a new resident could claim that the land isn't his, and he wouldn't maintain that 15-ft. space next to the fence. Mr. McCash inquired ifthis could be accomplished with recorded easements, so that future owners are aware of the City's land on their side of the fence. Mr. Hansley stated that once the area fenced off, and if the resident maintains the land for 21 years, he believes that the resident owns the land by default. Legal staff agreed to review this matter and work with Mr. Hahn. Mrs. Boring inquired if the fence was installed directly on the property line, would it significantly damage the landscaping? Mr. Hahn responded that the concern was with mature landscaping, not underbrush. Vote on the motion: Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek; yes; Mr. McCash, -- yes; Mrs. Boring, yes; Mayor Kranstuber, yes. I 2. Noted that Sam Smiley, DDS, would like to donate 1.6 acres to the City as parkland in the area next to the new buildings that he is constructing. However, staff s estimate is that it would cost approximately $130,000 to develop the adjacent area into a seeded park. What is Council's viewpoint? Mr. Hahn stated that Dr. Smiley presented this idea to Mr. Stevens a few months ago, and to Council at its August 13th meeting. Staffhas looked at the site and estimated the development cost. A significant portion of the $130,000 estimate involves the construction of a footbridge over the stream. Development of the parkland would also be complicated by the need to obtain easements from the surrounding corporate property owners. Dr. Smiley is also preparing to co-op his offices at Metro Place. Before involving other investors, he requires a response from Council regarding this land , i I RECORD OF PROCEEDINGS "''''_'''''''''_'''_'''''''''''''''~'''_'''H''''''M"Minute.s",Qi"",,,,,,,,,,,_,,,,,,,,,_,,__"'''''''''''''~''''H~'''''''''''''''''H_'''''''~'''''''''''H"Ooo.lin-Ci:t~,J:ou.ncii''''<H""_'~""'''''~''''M''''''''~''_'''''''''H"",_"""E,ag~"14",,,,,,,,,,,_,,,M.ee.ting,,"H"M"_"'_"" DAYION LEGAL BLANK INC. FORM NO. 1U148 Held September 17, 2001 , (YEAR) donation. Mr. Peterson inquired about the value ofthe land. Mr. Hahn responded that he couldn't provide that answer; however, much of it is within the regulated floodplain, which could affect its value. --.. Mr. McCash inquired if that would affect the City's ability to develop the parkland. Mr. Hahn stated that it would not. The primary consideration is the bridge, which must be constructed at FEMA's standards. The concept is not to fill the site, but to enhance the land as a picnic area. Mr. Smith stated that there are no conditions attached. The City can accept the land without a commitment to develop it. Mayor Kranstuber moved to accept the land donation from Dr. Smiley. Mr. McCash seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes. Mr. Hahn stated that this would likely be included in a future CIP. Mr. Smith stated that a resolution would be provided to Council at the next meeting to formally accept the land donation. 3. Would like to refer the suggestion he made at the last meeting regarding a tree replacement program for the City to the appropriate committee. This would be a separate issue from the tree preservation policy. It would address the problem of trees that have exceeded a normal, healthy lifespan - for instance, the numerous dead pines along Avery-Muirfield. It would assist residents in replacing the trees that were often installed by developers to screen the street. The City may be able to benefit by mass purchases of trees in the spring and pass that savings along to ,.......... the landowner. Mr. Reiner stated that the Landscape ordinance provides that the developer is indefinitely responsible for replacement of the trees. Mayor Kranstuber stated that in this case, it would be the landowner who would be required to replace them. Mr. Reiner stated that the commercial ~ntity must replace the trees on the commercial site. Mr. Smith stated that he would need to check that, but Mr. Peterson is addressing the practical problem. If a developer initially plants 50 trees and years later, he is no longer present, he cannot be held accountable for tree replacement. Mr. Peterson moved to refer the issue to the C01ll111unity Development Committee for study and recommendation. Mr. Reiner seconded the motion. V ote on the motion: Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes. Ms. Chinnici-Zuercher: 1. Inquired about the effect ofthe legislation prohibiting tobacco possession by youth. Have any cases been cited to Mayor's Court? Mr. Smith stated that there has been some enforcement, but he will check and provide a report to Council. Mr. Hansley stated that it is being enforced in the area adjacent to the schools. It has had ~ the effect of driving the young smokers out of view. j Mr. McCash stated that he recently asked Stephen Smith, Jr. about the follow-up he was to have made with the Attorney General regarding tobacco vendor licensing issue. Perhaps a report could be made on both related questions. Mr. Adamek: 1. Thanked Mr. Hansley for the quick action with an Administrative Order to address the gasoline pricing issues following the recent terrorist event. Mr. Hansley stated that the order was in response to a specific local problem. One gas station for a brief period oftime raised prices to the $4.00-$5.00/gallon range. Verbal direction was given to them to lower the price, which they responded to that same day. They were wise to have done so, as they likely avoided being cited by the Attorney General, as were some other gas stations. RECORD OF PROCEEDINGS ""_"""W'_WW"_",_,,,,_,,~w,,www,,,,,Minut.eSwoi""""~W_""H"_"W'"~"M"_"W~""""""w"""_W"HW""'W'''M"nuhJinwCity,,,CO:UllCilH''W'''HW"""~""""_,,,,,,,,_,,,,,,,,,,,",,,,,~,,,,~,,,,,,l?.agewl5.,,,,,,_w,,,,w,,Me..eting,,_""H",,~H"~""'" DAYTON LEGAL BLANK INC. FORM NO. 10148 Held September 17, 2001 , (YEAR) Mayor Kranstuber: 1. Moved to appoint Judy Beal as Acting Clerk of Council during the absence of Anne Clarke, September 20-21 st. ,.-.., Mr. Adamek seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes. 2. Thanked Ms. Puskarcik for the quick arrangement of the Employee Memorial Service following the New York City tragedy. Ms. Sirk called to thank the City for inviting the Schools to attend. 3. Stated that last week's Mayor's Court was canceled due to the national crisis, so there will be a number of arraignments held over to tomorrow night's Court, as well as several trials. Therefore, he is unlikely to attend tomorrow's Special Council meeting for the consulting firm interviews. The Magistrate, Mike Close, is unavailable to fill in for him at Mayor's Court. 4. Wished Mr. Kindra a happy birthday. 5. Reminded everyone of the Dublin Arts and Music Festival on September 30th. djourned the meeting at 9:35 p.m. ".--. ~(L~ Clerk of Council ~ ,