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HomeMy WebLinkAbout06/11/2001 1:1 RECORD OF PROCEEDINGS "_"._m_.".~mm""m".""'"""_'"m""'__'m,,"~nu1.eB,",Qf.m,m,"__"""""m_""_"_m"m"m'_m'm'"_""_,_,mm"_"'~"_""__m,-,D.t,tbl:in'm.c:it;Y:.m.cQllnc.il,m'M~m_,"_"'m,"m"mm__m_"'___""m"'_M_"'_"m_m"m_"mm~."'_""m_"Me.e1ing"m_"""'_m"""""" DAYTON LEGAL BLANK INC. FORM NO. 10148 Held June 11,2001 , (YEAR) Mayor Kranstuber called the Dublin City Council meeting of June 11,2001 to order at 7:00 p.m. Mr. Reiner led the Pledge of Allegiance. - Roll Call Council members present were: Mayor Kranstuber, Mrs. Boring, Ms. Chinnici- Zuercher, Mr. McCash, Mr. Peterson and Mr. Reiner. Vice Mayor Adamek was absent (excused). Staff members present were: Mr. Hansley, Ms. Grigsby, Mr. Smith, Mr. Kindra, Mr. Gunderson, Mr. Hahn, Ms. Puskarcik, Ms. Hoyle, Mr. Price, and Ms. Heal. Approval of Minutes of May 21. 2001 Council Meetin2 Mayor Kranstuber moved approval of the 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. Correspondence The Clerk reported that no correspondence requiring Council action had been received. Citizen Comments Pat Costello, 5886 Post Road stated that the Community Relations Center along Post Road now has a new parking lot under construction, but the residents were not informed of this. He called the City and learned that this work was done as a change order to the Rec Center parking lot expansion currently underway. The citizens and Council ,- negotiated a fair arrangement regarding the parking expansion for the Rec Center, which eliminated the parking lot and road connection for the Community Relations Center. The residents were surprised to find that a parking lot is being installed without any notification to the residents or the homeowners' association. He had understood that the City must follow the same procedures as residents who undertake this type of work. Apparently, that was not the case. Mayor Kranstuber asked the City Manager to respond. Mr. Hansley stated that Council had approved the concept of a parking lot expansion to the west of the Community Relations Center to serve the basic needs of employees who work in that Center, but upon checking the records, he now finds that Council did expect to have further review of a plan for this parking lot. Staff saw the opportunity to add this work to what was being done with the Rec Center parking lot expansion at a good price and proceeded to do so. The project will add 8 to 10 parking spots to the existing lot. Mayor Kranstuber asked the Law Director for confirmation that Council was not required to approve this plan, that it was in fact an administrative action. Mr. Smith confirmed this. Mr. Hahn noted that the change order was initiated approximately three weeks ago, and in fact, the parking lot was scaled back in size to avoid having to remove a tree. Mr. McCash pointed out that while the City was not legally required to take this through the zoning process, the policy has been to do so. Staff needs to ensure that the policy direction of Council is followed in these matters. It is unfortunate that the neighbors were not notified. Mr. Hansley stated that, due to the timing of the Council meetings, there was not an opportunity to discuss this plan without scheduling a special meeting. There was a need to provide parking for the staff over the busy summer event season, to avoid parking on the grass. Mr. Peterson pointed out that even a fax of notification to Council would have been advisable. He was not aware ofthe parking lot installation prior to the phone call from Mr. Costello. It was likely a good decision to proceed with the installation in a timely and cost effective manner, but the process was faulty. Ms. Chinnici-Zuercher agreed, adding that Council spends a great deal of time negotiating these items with the neighborhood and this action did not allow the opportunity to do so. I : I Ii . ",II!'!.blil . ml'l:tr!UiC:i:iiIA i! il"lllitl,J;ilk i",r !Ilii!; Ii :1111 . :' > ,.. i, , 'I , , , I :j 'i;;ij'l,di';-Hd;i,,"~l'A,r.(;~d'i'~il;i~HjillI-,'.!'ii. llifiIWI',t:F",Fi1j:iHWllin'!"llliH9J+0i:'l4lt) li'1 I RECORD OF PROCEEDINGS ."mm""'m""mm."'.'"'m'm'.'m'"."mm~"w_"mMinut.e.s"Di,m'""",m""",'"""""wm",mmmw",_,_mw""''''''"mwmw,.m,mmw".w,D.u'b1iJ;:lwCity"ColJ.tlW"""""'''''"''''WWW",""wm"'""""W""-~w"",E,age,2","."m,,~,-M,e~tingm"'mw'"""m'"'" DAYTON LEGAL BLANK INC. FORM NO. 10148 Held June 11,2001 , (YEAR) Mayor Kranstuber agreed that the City was remiss in not notifying the residents, but added that Council would likely have approved this "bare-bones" parking addition for the employees. He is hopeful that this communication gap will not occur again in the future. ,.-- Wallace Maurer, 7451 Dublin Road noted that he has sold to the City the right of easement to install a bikeway across his land. He asked, theoretically, if the bikeway is abandoned in the future, would the land revert to his control, and if so, would he be required to pay back the compensation he was given for the easement. Mr. Smith responded that if the bikeway were abandoned in the future, the easement would still exist; however, the property owner would not be required to pay back the funds received from the City. Mr. Maurer noted that in the appropriation ordinance for the easement, it indicates that the public purpose is to provide safe pedestrian travel for the citizens of Dublin. Are the bikepaths designed to accommodate both pedestrian and bike travel? Who would have priority? Mr. Smith that they are designed to accommodate both types oftravel. Over the 25 years he has been Law Director in Dublin, there has never been an issue in Dublin related to bicycles and pedestrians using the same path. Staff Comments Mr. Hansley reported that the Memorial Tournament and Innovation Groups conference took place in Dublin recently, and both reflected favorably upon the community as a whole. Many visitors from out of town commented positively on aspects of Dublin which are taken for granted by the citizens, i.e., the bridges, the Rec Center, the Coffman Park pavilion, the manicured look ofthe City, etc. They were very impressed with ,~~ Dublin and the positive attitude of all they came in contact with, and he would like to pass along these accolades to Council on behalf of staff. Ms. Grigsby noted that: 1. At the last Council meeting, an appropriation ordinance was approved which included funds for odor control for problems associated with the West Branch interceptor project. Staff received an update from Columbus today indicating that they expect to complete the odor control facility by mid-August. 2. The auditors from KPMG are on site and will be finalizing their audit report in the next few days. Mrs. Boring asked ifit would be possible to recoup some of the odor control costs from the City of Columbus, in view ofthe fact that their delays in completing the facility resulted in these additional costs for Dublin. Mr. Hansley responded that staff can request this, but it is unlikely that Columbus will reimburse the City of Dublin based on previous experience. Mr. Smith stated that: 1. The Tartan Golf Company closed on the construction loans to complete the last phase of the three-party agreement. The project is on schedule and hopefully, will be open by the end of July, 2002. 2. He has had discussions with members of the Planning & Zoning Commission, including Council Member Boring, regarding the zoning code update. P&Z has r-" asked if Council would consider imposing a zoning moratorium to reduce their workload in order to allow them time to review the zoning code. In addition, when the zoning code is actually referred to them, Council may want to set a timeframe within which they must complete the review. The Community Development Committee held their last review of the zoning code on June 4. Mayor Kranstuber asked if anyone on Council has an interest in imposing a moratorium on zonmg. No one indicated any interest in imposing a moratorium. Mayor Kranstuber asked if Council can refer the zoning code to Planning Commission with a condition that ifit is not acted upon by October 1, it would be deemed to be disapproved? i i I. i ii ..I."",jJUMI'"" I ;:, !' T' RECORD OF PROCEEDINGS ww,wwwww_ww~w_wwww_wwwwwwwwwww_".Minute.sw..ofwwwwwwwwwwww_WWWMWW'wWWw'wWwWwwwww_wwwwwwwwwwww,www_wwwwwwww~w_wwwwwDubJitl",w,Citj.LwC.()uuciL.www,www_W_WWWWMWWWWWW_w,wwww"www_w~_ww2agew3www,wwwww,wwwwwMe.e!ingww_,wwwwwwwwww UAYTON LEGAL BLANK INC. FORM NO. 10148 Held June 11,2001 , (YEAR) Mr. Smith responded that he would recommend that when Council refers the zoning code to P&Z that Council provides specific direction in terms of a timeframe. It would avoid a later situation of a developer claiming that the Commission provided no recommendation and challenging the new code on such a basis. Staff will update Council at the next meeting regarding the status of the zoning code and when it will be ready for referral to ~, Planning Commission. Mr. Kindra introduced Gary Gunderman, the new Assistant Planning Director. He noted that Mr. Gunderman formerly served as Planning Director in the City of Delaware. Mr. Gunderman indicated that he is pleased to be in Dublin and looking forward to working with Council and staff. Mr. Hansley noted that Mr. Ciarochi is not present tonight due to a death in his family. Mr. Hahn noted that correspondence was forwarded to Council in the packet with a staff recommendation of the Gelpi Mansion as the location of the next Art in Public Places project. Staff requests a motion from Council confirming the proposed location. Ms. Chinnici-Zuercher stated that she believes this is an excellent location for the next proj ect. Mrs. Boring agreed, adding that in the past, there has been disappointment that the public art projects are not visible to the traveling public. This location along Riverside Drive will be very visible. Mayor Kranstuber stated that in view of the pristine setting, the historic nature ofthe Gelpi home, and the surrounding residential neighborhood, he would hope that the project would be fairly "sedate", consistent with the nature ofthe area. -- Christy Rosenthal. Dublin Arts Council Executive Director stated that they are always respectful of the surroundings when planning an art project. Mr. Hahn confirmed that a motion is necessary to approve the location. Ms. Chinnici-Zuercher moved to locate the next Art in Public Places project at the Gelpi Mansion, home of the Dublin Arts Council. Mrs. Boring seconded the motion. Mayor Kranstuber asked if Planning Commission must review this. Mr. Hansley responded that this site was exempted from zoning review. Mr. Hahn added that P&Z reviewed the Watch House, as it was deemed to be a structure requiring a building permit. The Out of Bounds and Field of Com were not reviewed by P&Z. Mr. McCash clarified that the Watch House was installed in a planned district, Coffman Park, and for this reason, it required P&Z review. Mayor Kranstuber noted that in terms of the Watch House, the public cannot see it and there is no parking available. He does not believe that it responsible for Council to allow a group that is not accountable to the citizens to spend public monies. In discussion with citizens over the years, he believes they would concur with his opinion. Citizens would not support the state or federal government operating in this way. -- Mr. Hansley agreed that City Council, under the present process, has little control or discretion over what public art is built with public dollars. Mayor Kranstuber stated that he believes that there should be representation from the Councilor staff on the jury which approves the projects. Ms. Rosenthal noted that the jurying process is open to the public and an open dialogue takes place with the members ofthe community. The jurors are sensitive to the community's desires in these projects, and feedback is provided to the jurors in these settings. She clarified that the monies come from bed taxes, not from income taxes. Mrs. Boring stated that Council does have a representative on the Board of the Dublin Arts Council. ! I : I 'Iii,. 'H:.Iri,I',~+< I i . I ii , , RECORD OF PROCEEDINGS """"..~"""".""".""""""""",,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,Minu.te.s,,,,oL.,,,,,,,,"""""''''''''''''''''''''''''''~'''''''''''','',,''''',,'','',,'''''''''''''''''''''''''''''''''',,,,,,,,,,,,,,,,,,,,,,,!.Jubli;n,City,,,,,,Co.uuciL,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,Eag.e,A,,,,,,,,,,,,,,,,,,,,,,,,,,,Me.eting,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. DAYTON LEGAL BLANK INC. FORM NO 10148 Held June 11, 2001 , (YEAR) Mr. Reiner stated that it was beneficial to have Council members involved in the special art project recently completed honoring Jack Nicklaus. In situations when cost overruns occurred, good communication with Council was readily available. He would propose that the next public art project be sited on the northwest comer of Bridge and High in Old Dublin - some type of focal point which will serve as a meeting ..--. place. He suggested a sculpture or water feature which would tie the Old Dublin community together. The Gelpi Mansion would be a good location for a future art project, but at this time, an art project could serve as a problem solver as well as an artistic endeavor. Public spaces across the country have been used for such art projects. Ms. Rosenthal stated that this location was considered but not selected due to the uncertainty about the use of the land. Mr. Hahn noted that it is a great location, but the uncertain future of the parcel was the basis for not recommending this site. Mrs. Boring stated that if specific direction is given to build a fountain or sculpture in Old Dublin, it should be done as a City project, not as a public art project. The public art process is not set up to achieve this type of goal. Mr. Hansley clarified that the Nicklaus statue was an additional special art project, and . not part of the normal Art in Public Places program. It was facilitated through a different process and Council members served on the review team. Mr. Reiner stated that the comer in Old Dublin would generate many proposals from artists and would not restrain the intent of the program. It would also serve as a focal point for the downtown area. It would not preclude development on the remainder of the -~ parcel, as it would use only a small portion. Mayor Kranstuber asked whether East Dublin will be opposed to building a public art project in a residential area. Mrs. Boring responded that they will support this, similar to what they did with the Leatherlips proj ect. Mr. McCash noted that a positive vote on the motion on the table does not preclude having public art in Old Dublin at a later date. He, too, believes it is premature to place an art project on that comer in view of possible utility relocation, etc. The public art process has been in place for several years, and he will support the recommendation of the DAC and staff. It is a matter oftmst. People have different taste in art, but dictating art is an issue of censorship. Mr. Peterson stated that the City is already making a large investment in the Gelpi Mansion for the Dublin Arts Center, and siting the public art at that location will likely not bring any more people to that location. Placing a public art project in Old Dublin, however, would result in more people having access to and enjoying public art. It would also be a good investment in Old Dublin and represent a commitment by the City to bring people to the area. He believes that the northwest comer of Bridge and High is an excellent location for the next public art project, and it will set the tone for development in Old Dublin to continue. -- Mr. McCash noted that if Council does not support an art project at the Gelpi Mansion, why not consider the park on W oemer- Temple? Mr. Peterson responded that he always has assumed that this comer would remain as open space with a fountain, a clock tower, or some other type of focal piece. Whatever is built would be built around the public art. Mayor Kranstuber stated that he agrees that this will be a public space and will complement the development which now exists across the street. There are many locations available for other commercial development in Dublin outside of the Bridge and High comer. f ! I I i .',llil, .ile!: liIHlib~i:,j.ll. I ! I i! RECORD OF PROCEEDINGS """"""",_"",,,,,,,,,,,,,,,,,_,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,Minutes,,.oi,,,,,,,,,,,,-""""""'''''''''''''''''''''''''''''''''''''''''-'''''''''''_''''''''_'''''''''''''''''''',,,IJuhlin,,Ci:ty;,.c.outlcit,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,-,,,,,,,,,,,,,,,,,,,"-",,,-,,,,-,,-.E,age,,5,,,,,,,,,,,,,,,,,,,,,,.,,~eling,,,,,,,.,,,,,,,,,,,,,,,,,,,. DAYTON LEGAL BLANK INC. FORM NO. 10148 Held June 11,2001 , (YEAR) Mrs. Boring stated that the recommendation that came from the DAC and staffwas to locate the project at the Gelpi Mansion. The projects have been located in different areas ofthe City through the years, and now the recommendation is to locate it on the east side where many will enjoy it as they drive by on Riverside Drive. With the suggestion to - locate it at Bridge and High, the City would be dictating how the art project will be developed in terms of fountains, gardens, etc. Council also revamped the arts funding in 1997 by providing a portion of bed tax for the DAC. The City is recapturing some of those dollars with the lease payments for the Gelpi Mansion. If the DAC wants to install a $50,000 or $200,000 art project, it is their decision, as the DAC has 25 percent of bed tax dollars as their budget and can determine how it should be spent. The only City involvement in this is giving them the public land on which to install the art. If Council directs the location to be Old Dublin and dictates the type of artwork, an Old Dublin improvement is basically being funded by the Dublin Arts Council and not by the City. Mayor Kranstuber stated that these are public funds. Council could change the funding level provided to the DAC at any time to increase it or to decrease it. Mrs. Boring asked staff to clarify how the DAC funding is tied to the lease payments for the Gelpi Mansion. Ms. Grigsby responded that the DAC is currently allocated 25 percent of the bed tax revenue, up to a certain cap. Anything in excess ofthat cap plus rental payments goes toward retiring the debt the City incurred to purchase the Gelpi Mansion. Ms. Rosenthal stated that in the past, there was a stipulation that the DAC spend no less than $70,000 every other year on public art. With the Gelpi Mansion lease, this .",........ stipulation was removed. Mr. Reiner stated that this is a perfect opportunity to improve this comer with public funds. The citizenry have indicated their desire for such an improvement, especially now that the other comer has been developed. Mayor Kranstuber stated that at one time, the City discussed building an Arts Center on that comer. When the DAC was relocated to the Gelpi Mansion in a residential area, the Old Dublin Association was not pleased, as they viewed this as losing an anchor in Old Dublin. This is an opportunity to demonstrate the City's ongoing commitment to Old Dublin. Mrs. Boring noted that she will remind Council in the future that the Riverside Drive area has been referred to many times tonight as a "residential" area. Discussion continued. Ms. Chinnici-Zuercher noted that this discussion should have been held at goal setting, at which time direction could have been given by Council to their representative on the Board of the Dublin Arts Council about Council's desires in this regard. Mayor Kranstuber called the question. - Vote on the motion (to locate the next Public Art Project at the Gelpi Mansion): Mr. McCash, yes; Mr. Reiner, no; Mr. Peterson, no; Mrs. Boring, yes; Mayor Kranstuber, no; Ms. Chinnici-Zuercher, yes. (Motion failed) Mr. McCash moved to locate the next Public Art Project at the park along Woener- Temple Road. Mrs. Boring seconded the motion. V ote on the motion: Mr. Reiner, no; Mrs. Boring, yes; Mr. Peterson, no; Mr. McCash, yes; Ms. Chinnici-Zuercher, no; Mayor Kranstuber, no. (Motion failed) There was no other motion made. ! ' I ! Ii )lilJ ;ut'jl. I, i i ,.. .' I'j l' RECORD OF PROCEEDINGS "",",_,""",","",_,_",",_,_,"~""""_"",Minute'S'MDL,,,_'"""""_""'""'_""_'","~"~.m,.'_m_'"~""~","m'_'",~",-"-."Ilu.bliu.,Ci.t~LCouncil,.__,_""m"m.'"''~,_''_'_'_m_','''"~__",P..agem6,."'"_m""'",m""M"e.eti.ng.",,,_,,~,_",,. DAYTON LEGAL BLANK INC. FORM NO. 10148 Held June 11,2001 , (YEAR) LEGISLATION TABLED ORDINANCE SCHEDULED FOR HEARING Ordinance 66-01 - An Ordinance Authorizing the City Manager to Execute a Ground Lease With Craig R. Sonksen, on a 135' X 104' Tract of Land, - Located South of Darby Street, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mr. Smith asked that this be tabled until June 25 as the negotiations are not completed. Mayor Kranstuber moved to table this until the June 25 Council meeting. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. PUBLIC HEARING/SECOND READING - ORDINANCES Ordinance 68-01 - An Ordinance Accepting an Annexation of 29.56+/- Acres from Jerome Township, Union County to the City of Dublin. (Valentin property) Mr. Hansley reported that this annexation was approved by the Union County Commissioners and forwarded to Council for their consideration. Glen Dugger, Smith & Hale, is present to respond to questions. Mrs. Boring asked about the school district designation for this land. Mr. Hansley responded that it is in Dublin Schools. The Metro Park Board also supports this annexation. Mr. Smith added that a portion ofland will be donated to the Metro Park to tie the two Metro Park areas together which will ultimately connect Avery through Westbury to Metro Park. - Mr. Dugger indicated that this land will be residential, and it is located north ofthe Bishop property. The Metro Parks Board meeting regarding the land swaps is scheduled for tomorrow night. The land swaps will accommodate a 200- foot wide pedestrian connection between the Smith property and the Metro Park property. They will meet the parkland donation requirements, in addition to accommodating the land trade. Vote on the Ordinance: Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Ordinance 69-01 - An Ordinance Accepting the Lowest/Best Bid for the Hawk's Nest Park Project, and Declaring an Emergency. Mr. Hansley stated that staff is recommending adoption at this time. Mayor Kranstuber moved to treat this as emergency legislation Ms. Chinnici-Zuercher seconded the motion. V ote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Chinnici- Zuercher, yes; Mayor Kranstuber, yes. V ote on the Ordinance: Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes. Ordinance 70-01 - An Ordinance Accepting the Lowest/Best Bid for the Dublin Arts Center Project, and Declaring an Emergency. Mr. Hansley stated that a detailed memo was provided in the packet regarding the breakdown of costs, as requested by Council. ",.......... Mr. McCash stated that he would have preferred to have plans to review along with the cost estimates. He asked that in the future, plans are provided as well when cost estimate breakdowns are requested. Ms. Chinnici-Zuercher asked about the total costs relating to the elevator. Mr. Hahn responded that they totaled approximately $75,000 and are identified in various portions ofthe cost estimates. Ms. Chinnici-Zuercher asked if grant monies were available for any of this renovation cost. Mr. Hahn indicated that if so, he is not aware of any. Mr. Hansley stated that there probably are sources of grant monies, but they likely would have delayed the project or attached conditions with provision of funding. Once the property is restored and usable, major fundraising events can be held on the I i Ii ii.... '1",tl1h'iibil I I ' ,...... I .' '" c:,"', "'d'~I1': "..",U\f:.; ".' RECORD OF PROCEEDINGS '"~W_'"_"~"""~~,~_~_.'m_~"~,,_,,_~,,_Minule's"J)f.,"_,,"_,~_"'_"m"~'~."_m_""~""~""~""~'~""m_"m_~'_~_""m"D..ubliu".city;,"L:o.uIlCiL"~,,_~"m_""'''''~"'_'''''_''''~,,_"W"_'_''~''''__''~..Eag.e",l_~_,"~""_.mMe"eling.,_,"~"__m"""" DAYTON LEGAL BLANK INC FOAM NO. 1Ul48 Held June 11,2001 , (YEAR) grounds for operating funds and additional capital projects. Ms. Chinnici-Zuercher suggested that in view of the expenditure of$800,000 plus, there are federal grant monies available and foundations interested in restoration of historic buildings, particularly for a public art arena. It is likely not too late to explore this possibility. Staff should routinely seek grant monies without being given specific ,.-- direction from Council. Securing grant monies for projects such as this frees up City funds for other projects. Mr. Hansley responded that staff will explore this possibility, but if it adds time or restrictions, he will bring it back to Council for consideration. Mr. Hahn requested emergency action in order to protect the bid timeframes, and because the DAC's current lease expires at the end ofthe year. Mrs. Boring moved to treat this as emergency legislation. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mayor Kranstuber, yes. Vote on the Ordinance: Mr. McCash, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 74-01 - An Ordinance Adopting the Proposed Tax Budget for Fiscal Year 2002, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated that the Ohio Revised Code requires this each year. It is a preliminary step in the budgeting process. There is no significant change from last year. It again incorporates the use of the inside millage for parkland acquisition. Staff is "...-.. recommending that this be held over for public hearing on June 25. There will be a second reading/public hearing on June 25. Ordinance 75-01- An Ordinance Amending Ordinance No. 21-95(Amended) to Update the Arterial Traffic Plan for the City of Dublin. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that this amendment adds the new alignment for the Tuttle Crossing extension, as previously discussed by Council. The intent is to inform the public ofthis change. Testimony will be taken at the second reading. Mayor Kranstuber stated that Mr. Adamek asked him to relay that his understanding in previous discussion was that the Tuttle Road extension being authorized at this time was to stop at Avery. This plan as shown, however, continues west of Avery. Mr. Hansley agreed, noting that this was a plan from 1999 and it can be revised prior to the second reading. It was the consensus of Council that the Tuttle Crossing alignment being authorized with this ordinance end at A very Road. Mrs. Boring asked why this is not being referred to Planning & Zoning Commission. Mr. Hansley stated that Council could do so, ifthey desire. It does affect development issues. Council could also refer it to a Committee of Council, if that is their preference. Mr. Smith stated that referral to P&Z is optional. Mr. Hansley stated that staff shared this information with the City of Columbus stafflast week. The positive news for Columbus is that they will no longer have to contribute to ,--. the road project - the new alignment brings the entire roadway into Dublin. There will be a second reading/public hearing at the June 25 Council meeting. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 34-01 - A Resolution of Intent to Appropriate a 0.564 Acre, More or Less, Fee Simple Interest, From Warren W. Gorden, Located North of Post Road, Township of Jerome, County of Union, State of Ohio. Mayor Kranstuber introduced the resolution. Mr. Smith stated that this relates to the ongoing RailVan project on Perimeter Drive. V ote on the Resolution: Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. I i I ! il " 1:~1" III I ' " TIT RECORD OF PROCEEDINGS .."..~...._~_.._......~...............~..~.........."........Mnute~Luf._..~........~~~......~..~.._............~......~.._.._........~.._..............~~.............._....D:y,blm..Cit;z-Cou.ncil...._........~~_..............~....~......_~~....~........~""P~e....R....,.......~..........M,j~..e1i.ng....~~.._................ DAYTON LEGAL BLANK INC FORM NO. 10148 Held June 11,2001 , (YEAR) OTHER . Coffman Park Expansion (Post Road Land Acquisitions) Mr. Hahn stated that Council previously directed staff to form a Committee with the Post Road residents for review of land acquisition policies along Post Road, to continue the - process of land acquisition from willing sellers at fair market values, and to develop a master plan for the parkland expansion made possible with the purchase of these properties. Staff envisions this area west of existing Coffman Park as a more passive area, in contrast to the active portions at the other end. The goal is to enhance the existing properties along the south fork of the Indian Run. He is very pleased with the proposed plan, as forwarded to Council. Mayor Kranstuber asked for staffs preference in disposition of this item. Mr. Hansley suggested that it be referred to a Committee of Councilor an advisory commISSIOn. Mrs. Boring moved referral to the Parks and Recreation Advisory Commission, with direction that they report back to the Public Services Committee. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Council Round Table/Committee Reports Ms. Chinnici-Zuercher: 1. Asked Mrs. Boring to summarize any discussion regarding the delivery of sewer and water services to the various neighborhoods which was to have taken place at the East Dublin Civic Association's recent meeting. Mrs. Boring responded that a couple of 30-year residents still do not understand the need to tap into water and/or sewer lines when their wells and septic systems are functioning. ,.........., The input from City staff provided at the meeting was very helpful. Ms. Chinnici-Zuercher asked ifthere will be more neighborhoods requesting water and/or sewer servIces. Mrs. Boring responded affirmatively. Mr. Hansley added that a resident of Grandee Cliffs asked him about any plans to provide those services to Grandee Cliffs. He responded that the present extensions are being done by the City in response to petitions from residents, and that the Grandee Cliffs area has not forwarded any petition to the City as ofthis date. The City will not initiate any action in this regard unless a health or safety concern arises with the existing wells or septic systems. Council may see requests coming from neighborhoods that desire these services to improve quality of life or property value. Mrs. Boring added that there were concerns expressed at the meeting by some residents about whether or not the City would require them to hook into water and/or sewer lines. Mr. Hansley stated that no action will be initiated by the City until a majority of a neighborhood requests these services, and Council will then have to make a fiscal decision on funding. 2. Noted that an invitation was forwarded to Council from Michael Long, Solid Waste Authority, regarding an upcoming meeting. Mr. Hansley stated that Mr. McDaniel generally attends these meetings, but Council is invited to attend as well. 3. Reported that material was provided in the packet regarding the Dan Sherri .~ project (cul-de-sac and waterline). What was the total cost ofthis project? Ms. Grigsby estimated that the cul-de-sac and water service project expense totaled approximately $110,000. 4. Noted that the Dublin Baptist Church has requested a mid-block crosswalk on Coffman Road, and that staff has requested feedback on the landscaping concept plan for the Glick/Muirfield Drive intersection. Mayor Kranstuber stated that both of these were forwarded to Council in anticipation of these being included on an upcoming agenda. 5. Noted that a request was sent to Council from legal counsel for the Village of Shawnee Hills for Dublin's support of Shawnee Hills providing sewer service to two parcels in Concord Township. Mr. Hansley responded that staff is seeking direction from Council tonight on this matter. Shawnee Hills is seeking concurrence from Dublin to allow Shawnee Hills to provide i " I Ii ; '"Jiil"jj.!.; ""',,nr n ,," ",,, I .. """"'" "1"...~"ll"i"';'.,," ''''''''''''''~:'';;'"''':';_'''''''''''V't.''I..'_-t:~'H\;n',':,1!'j!8''['-,"'.a."I." I RECORD OF PROCEEDINGS '"^,"'"M""'"'M""""M"'MMM'"""'M"~'~'M.M.inu1.e~"",of""'""M"M"M""MM""M'M'",M'~"'""'"""~""'MMM"M"MM~"'~~,~Dubl.mMCity,""Co:un.cil""'"""""'M'"""M"~"""~""~M'"'"M"""."",,,"E.age,9,,".,,".,_",~,e.ting'~'MM'M"M"'" DAVfONLEGALBLANK INC. FOAM NO 10148 Held June 11,2001 , (YEAR) sewer service to an area including the Bogey Inn and what is presently the 6th tee parking lot for the Tournament upon their annexation from Concord Township. The proposed development for the 6th tee parcel is a Kroger store. One correction to the letter is that, although this action would not require a modification of the Dublin/Shawnee Hills sewer contract, it would require an amendment to the ColumbuslDublin sewer agreement, as - both ofthese parcels lie within the exclusive Dublin service area. The issue before Council is one of being neutral, supportive, or opposing this proposal. Staff is requesting a motion so that a letter can be drafted in response. Mr. Smith added that Dan Drake of Columbus agrees with the interpretation that the ColumbuslDublin contract would have to be modified in order to allow Shawnee Hills to serve these parcels. Mrs. Boring stated that parties would want to annex to Shawnee Hills because of the reduced fees Dublin has previously agreed to provide those in hardship situations. Her position is that parties can certainly annex to Shawnee Hills ifthey so desire, but they will have to pay the full fees to Dublin, as Dublin must maintain the system they are accessing via Shawnee Hills. Mr. Hansley stated that staff would not recommend that Council agree to support this request from Shawnee Hills without negotiating another expansion of Dublin's service contract to replace the area which would be lost with this arrangement. Mayor Kranstuber asked why the developer would not want to annex the Kroger parcel to Dublin. Mr. Hansley speculated that they would not annex to Dublin because the development standards are higher and the approval process would take much longer. Mayor Kranstuber moved not to support the request from Shawnee Hills to provide sewer service to two parcels in Concord Township. Ms. Chinnici-Zuercher seconded the motion. - Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes. Mr. Hansley provided additional information that the seller of the land is Muirfield, and the City was approached in regard to purchase ofthis same land and chose not to do so. Part of the deal that would have been struck with Kroger is that the Tournament would have an agreement to park nearly the same number of cars on a paved lot under this arrangement. Therefore, the Tournament has an interest in this transaction. Mr. McCash stated that this does not preclude them from developing the land - they can annex it to the City of Dublin under the current water and sewer services agreement with Columbus, and still negotiate the same arrangement for the Tournament parking. Mayor Kranstuber stated that he could not envision such an intense retail use in this location. Mr. Hansley stated that with the closing of Tag's Market, the area could support another Kroger store. Mayor Kranstuber stated that he hopes that the Tournament doesn't view Council's action as in any way negative toward them - there are other factors involved. 6. Noted that she was talking with citizens who live outside of Dublin on Harriott Road, near Concord Road. They indicated that Jeff Y occa has built some homes in the area and has applied to Concord Township for a zoning variance to build homes with a higher density than is currently permitted. Mr. Y occa had indicated - in a meeting with Concord Township trustees that Dublin had agreed to bring the water and sewer lines up Concord Road to this area, and this was a basis for his request for higher density. Is Dublin involved with this development? Mr. Hansley responded that he responded to questions during the Tournament regarding water and sewer services for the new Dublin grade school on Concord Road which lies outside of Dublin's service area. Perhaps they are tied into the Tartan Fields sewerage application system and Deleo water. Nothing north of Muir field is included in the present service contract, and the land being developed by Mr. Y occa lies north ofthat area. Mr. Kindra added that he has also been contacted by Mr. Yocca. Staff indicated that this area is not within Dublin's service area. In fact, Delaware County contacted Dublin staff and were given the same response. i ! I i Ii 'IT T < .. ! T'! - WI! Lit 'J' "'l'l"tiL!Hm ."" ",,""I' "" 'In"" ""'",~,,,,,,',' ",' ",,' """-""""'_-_1"'-"",""",'-': fiLl RECORD OF PROCEEDINGS ,~"~".,_"~_,___~~,~."__"~_,~_Minule.S,,Df,,,,,,,~_'-'~"'--""'~"~"-""'~""'_"'~_~_~'_""_"'~'_~",D,ublin,.cit;cCnllnciL_,~_~"",~"",_",~,,__,_,,__,~""_",~_Eag.e_lo.,_",_"~.Me.eling,_,,_,,~~,~,,,, Held , (YEAR) Mr. Hansley stated that Tartan Fields has, in fact, discussed annexing to Dublin in recent months. The change in the annexation law at the state level is prompting some ofthis interest. However, even if it were annexed, Tartan Fields could not be served with Dublin's system under the present contracts with Columbus. He has told those in Tartan Fields of this situation. --- 7. Encouraged staffto consider submitting articles for such publications as Small Cities. It would be an excellent PR move to be published in such journals and a good opportunity to tell Dublin's story. 8. Was discouraged to receive another letter from Jeff Rich related to issues with the City in regard to the improvements that the Golf Centre has undertaken. It is unfortunate to send negative letters to those who are trying to improve their properties. Mr. Smith commented that staff is reviewing the stormwater and netting issue which was the topic of the recent communication. Mayor Kranstuber added that the improvements underway are very nice and he is pleased to see the progress. Mr. Smith stated that the owner of the Golf Centre is also considering purchase of the property recently vacated by Crescendo's. 9. Reported that Farid Masri called today to indicate his disappointment that he was not notified of the Community Services Advisory Commission meeting regarding the odor control issue. Mr. Hansley stated that staffwill ensure that he is sent notice of upcoming meetings on this topic. Mr. McCash: 1. Reported that Mr. Masri also has been working with him on an issue relating to - entryway signage for Indian Run Meadows. The subdivision has entry signage on the eastern portion, but the western portion ofthe subdivision, across from Sells Mills, does not. They would like signage to identify them as part of Indian Run Meadows. However, when the Muirfield Drive extension was built, some of the land was taken and a no-build area was established at the entryway at the comer of Sells Mill and A very-Muirfield. So in order to build an entryway feature, they would have to secure approval from every homeowner in the subdivision prior to hearing by P&Z, or they could come to Council for approval of building an entryway feature on this no-build zone. Mr. Masri told him that Hemingway Village received $10,000 from the City of Dublin to build their entryway feature. Is this correct? Mr. Hansley stated that with the widening of Coffman Road, Hemingway Village's sprinkler system and landscaping was affected, and the City negotiated with them to provide the labor to replace this. He added that the City has agreed to pay lighting bills for entryways for some other subdivisions in the City, so he would encourage them to make a request to Council for their consideration. In response to Mayor Kranstuber, Mr. McCash stated that the land is owned by the Association and is listed on the plat as a "no build" zone. If Council would approve building an entryway feature there, they could avoid going through the P&Z process. The Planning Division has previously told them that they could not place an entry feature in a no build zone. --- The Law Department and the Engineering division will provide a memo to Council regarding the issues involved in this. 2. Reported that parking is currently permitted on both sides of Valley Stream, and it creates a safety issue in terms of emergency vehicle access. With recent graduation parties, utility service vehicles had difficulty accessing the area. Mr. Hansley suggested that the best option is for the civic association to determine their preference for parking restrictions, i.e., one side or another and make this request to the City. There will always be an aggrieved party, but the City relies upon the Association to help work through these safety issues. There are other areas of the City where parking has been prohibited on one side ofthe street or another for these reasons. Mr. McCash will provide this information to the civic association. 3. In regard to the Muirfield Drive/Glick Road intersection landscaping RECORD OF PROCEEDINGS """"~"_M."",_.~.....,.."_"ww..~w....,MinulesJ)f..........,..w..,,,..,".......".,......w,~"..w,",...."'_._.._..w........,...."..."..,,..w.......w"ww..Dublin"Ciiy....CauuciL"._......"......"....".."..w"..........w..,w..,..w,_"...."......,....E.age..wll........._.._.M,e.eting,..,_....".."....""_ DAYTON LEGAL BLANK INC. FORMNO 10148 Held June 11,2001 , (YEAR) improvements, is feedback needed from Council tonight? The memo indicates that Council input is needed prior to presentation of the plan to the Association. It involves replacement of the stone wall, a water feature, pedestrian gathering area, and landscaping, etc. included on the concept plan. Mr. Kindra suggested that Council approve this in concept prior to staff proceeding with r--- the design phase. Staffmade a commitment to work with the Association on a mutually agreeable plan. Mr. McCash asked how much contribution the Muirfield Association is making to the project? Mr. Kindra responded that the Association is not contributing and does not have the funds to do so. They have maintained the previous landscaping under contract with the City. His understanding is that a similar maintenance arrangement will continue. Mr. Hansley stated that the Association believes that they had improvements at the intersection which were removed for safety improvements being made at the intersection by the City. In a sense, the City is replacing what was already paid for by the Association. Mr. McCash stated that this plan is much more elaborate than what previously existed. Mr. Kindra responded that the plan is consistent with what has been done along Muirfield Drive over the past few years. It will tie together the Avery interchange and the north end of Muirfield Drive. Mayor Kranstuber moved to approve the concept plan. Mr. Reiner seconded the motion. V ote on the motion: Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, no. Mr. Hansley stated that Council will review this project again in the CIP or operating budget process for a funding decision. - , Mr. Peterson asked that the update on Old Dublin be sent to Larry Frimerman of the L Historic Dublin Association. ;r-...\ Mayor Kranstuber asked that it also be sent to Craig Barnum Mr. Reiner: 1. Noted that in regard to the plan for the Muirfield/Glick intersection, he would like to obtain copies to give to the Board of the Association. They may want to scale down some of the elements. It is a nice plan, but they may not want to take the improvements to this level. 2. Reported that he spoke with Vic Irelan today regarding his issues with the zoning code update. His concerns relate to the fact that the Community Plan contains some corridor development areas, and he has three clients who would be impacted by changes to the corridor plan for these specific areas. He suggested that Mr. Irelan write a letter to City Council outlining his concerns, and perhaps request that he is grandfathered in for these particular areas. Mrs. Boring: 1. Reported that she has had some calls regarding the golf course and destruction of trees. Could someone on staff check to ensure that the conditions are being met in regard to tree preservation? --. Mr. Smith agreed to bring this up at the next golf course construction meeting on Thursday. There was a tree preservation waiver granted in conjunction with the golf course, but they still must adhere to the tree preservation plan as submitted. 2. Noted that stafffonvarded the proposal regarding Holly Days and asked what direction is needed from Council. Mr. Hansley stated that the plan as presented involves an additional expenditure of $1,500. If Council prefers one alternative to the other, he would welcome input. Mrs. Boring stated that her concern is that this was to be small in scale at a very busy time of year. In lieu of having additional recognition for boards and commissions, she would suggest making a donation to a food pantry with these funds. Council already recognizes boards/commissions and employees with the Tournament events. Moreover, people are very busy at this time of the year, and this is an unnecessary addition to the event calendar. I Ii '.1', . kill. I ! ! .,,,., .,,, '." ""','. ,,,.,.', "..,"'. '('_'i.'n.,.'mt>"I"':rl' HH'IU. ".., '''''''-'f!'!'111'l':!!"W''''I'''1W''!1~tl:W! :JIW'i::!lI'I~"f.:?mlt'-~ JU.... I RECORD OF PROCEEDINGS '~'""~""~-""~~~~"~'~_~__~"_~"M"~_"~"Minul.e's"~"of.""".""~"__""_~_'"'"M"'M~~"~"M"M__~~~_"""~'__~M~M~"_"_~~"_"m"DubliLLCity:""c..ounciL""'"'M_"_"~~~MM""'"~""~""_""~'_~_"_"","P,..age'm12""~"_",,,"Me.e1in~"""'''_"~~m"''"' DAYTON LEGAL BLANK INC. FOHM NO. 10148 Held June 11,2001 , (YEAR) Ms. Puskarcik stated that monies have, been budgeted for employee recognition, and staff was merely proposing that, if appropriate, Council could schedule an additional recognition event for board and commission members and their families in this way. These are just options for consideration. Mrs. Boring indicated that her issue is with timing, not with having an additional ,..-- recognition event. Council is generally not available to attend events at this time of year, due to the conflict with NLC. Ms. Puskarcik asked if the issues relate to the proposed employee night or the board/commission night for the Emerald City Players? Mayor Kranstuber noted that he heard many positive comments about the size and scale oflast year's Holly Days. He would hope that the event does not grow beyond what is warranted. Other than the addition of Emerald City Players performances, would the event be similar in scale to last year? Ms. Puskarcik stated that the new part of this proposal is partnering with the Emerald City Players. In order to make this possible, staff was proposing that all the tickets for two performances be purchased by the City for employees and for board/commission members and their families. Mrs. Boring stated that asking board and commission members to attend an event on Friday night is problematic, based on past experience. The timing is hectic and likely not the best way to guarantee a high level of participation. Ms. Chinnici-Zuercher agreed that it is a busy time of year. It is an interesting gesture, but she would like to discuss a formalized recognition program for boards/commissions at a future goal setting session. This would include the total costs each year ofthe various recognition programs offered to them. She agreed that it would be important for Council to support the program offered to boards/commissions, but ifNLC were scheduled at the same time, it would not be possible to do both. .......... Mr. Hansley summarized that there does not seem to be interest from Council this year in hosting a special board/commission event during the Holly Days celebration Mrs. Boring suggested that the entire program of recognition ofboard/commissionIVIP's could be referred to the Administrative Committee for further review at some future date. 3. Requested that Council adjourn to executive session following tonight's meeting for discussion of personnel matters. Mayor Kranstuber moved to adjourn to executive session for discussion of personnel matters. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Mayor e a unced that the meeting would not be reconvened following the exec ve sess e :t;l1eeti r-- ~-,I ~~ (_. ~ Clerk of Council I " I II l'i