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HomeMy WebLinkAbout08/21/1989 _,,,w~...._.., RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DA`r'TON LEGAL BLANK CO., FGRM NO. 10148 August 21, 1989 Held 19 Mayor Rozanski called the regular meeting of the Dublin City Council to order at 7:30 P.M. on Monday, August 21, 1989. Mr. Jankowski led the Pledge of Allegiance. Council members present were: Mr. Amorose, Mr. Jankowski, Ms. Maurer, Mayor Rozanski, and Mr. Sutphen. Mrs. King arrived at 7:33 P.M. Mr. Strip was absent. Mr. Hansley, City Manager, and Mr. Smith, Law Director, were also present as were the following staff members: Mr. Bowman, Ms. Clarke, Mr. Ferrell, Ms. Jordan, Mrs. Metz and Mr. Willis. Mr. Amorose moved to approve the minutes of the August 7, 1989 meeting of Council. Mr. Jankowski seconded the motion. Vote - Mr. Sutphen, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Jankowsk yes; Mr. Amorose, yes. Mr. Amorose moved to approve the minutes of the August 10, 1989 Special Mee - ing of Council. Mr. Sutphen seconded the motion. Vote - Mayor Rozanski, yes; Mr. Jankowski, yes; Mr. Sutphen, yes; Ms. Maure , yes; Mr. Amorose, yes. Ordinance No. 56-89 - Ordinance Authorizing a New Position for Special ~ Events. Tabled Ordinance. The Ordinance remained on the table under further notice. lrrw Ordinance No. 76-89 - Ordinance Providing for a Change of Zoning on a 493.145 Acre Tract on the West Side of Sawmill Road Beginning North of Bright Road and Extending North to Summit View Road. First Reading. Mr. Amorose introduced the Ordinance. Ms. Maurer moved to refer the Ordinance to the Planning and Zoning Commission. Mr. Amorose seconded the motion. Mrs. King suggested that since there were several representatives of the East Dublin Civic Association were present at the meeting that it might be appropriate to give them an opportunity to speak to the rezoning request if they should so desire. Vote on referring the Ordinance to the Planning and Zoning Commission - Ms. Maurer, yes; Mr. Amorose, yes; Mr. Jankowski, yes; Mr. Sutphen, yes; Mrs. King, yes; Mayor Rozanski, yes. Mr. Robert Manning, President of the East Dublin Civic Association, thanked Council for the provision of Mr. Dale Bertsch who, as a facilitator, worked with the Association and various developers. He noted that there had been several meetings between the groups involved and that on some issues there was agreement but that on several others there was not agreement. Mr. Manning said that the East Dublin Civic Association was very interested in the proposed project and that they were appreciative of Council's allowing them the opportunity to express their thoughts and concerns. Ordinance No. 77-89 - Ordinance Authorizing Acceptance of Lowest/Best Bid for Earlington/Stonefield Park Improvements Project. First Reading. Mr. Amorose introduced the Ordinance. Ms. Jordan reported that two bids were received for the project; that she was recommending acceptance of the bid of Columbus Asphalt Paving Co., Inc. in the amount of $275,981.00 (base bid and three out of four alternates). RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO., FGRM N0.1 14 Held August 21, 1989 19 Page Two Ms. Jordan also reported that Columbus Asphalt Paving has done a number of park projects in the City of Columbus and come very highly recommended. She also noted that the landscaping in Stonefield Park will be done in-hous . With regard to the Earlington Park improvements, those will be under construction this fall, and hopefully the soccer facilities will be available for use for the spring soccer season. As to the completion of the as builts at Earlington Park, Ms. Jordan said that the architect for the schools has arranged for the contractor who did the work to work with the City Parks and Recreation Department to complete the project. Mr. Amorose moved to waive the three time reading rule and treat as an emergency. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Jankowski, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mr. Sutphen, yes. Vote on the Ordinance - Mr. Amorose, yes; Mr. Jankowski, yes; Mr. Sutphen, yes; Mrs. King, yes; Ms. Maurer, yes; Mayor Rozanski, yes. Resolution No. 20-89 - Resolution Appointing a Member to the Architectural Review Board to Fill the Unexpired Term of Retiring Member, Richard Carpenter. First Reading. ~ Mr. Sutphen introduced the Resolution. ~.r Ms. Maurer moved to waive the three time reading rule and treat as an emergency. Mr. Amorose seconded the motion. Ms. Maurer explained that the Architectural REview Board has specific requirements for membership on the Board; that with the resignation of Mr. Carpenter that the unfilled slot should be that of a merchant in the downtown Dublin area; the person selected was Ms. Martha Shaffer, part owner of Paper Moon. Vote on the motion to waive the three time reading rule and treat as an emergency: Mayor Rozanski, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Sutphen, yes; Mr. Jankowski, yes; Ms. Maurer, yes. Vote on the Resolution - Mr. Jankowski, yes; Mayor Rozanski, yes; Ms. Maure , yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mrs. King, yes. Request for Approval of Concept Plan - Dunmere at Muirfield Drive. Mr. Stephen Smith, Law Director, recalled that the applicant when before Council two meetings ago had had his application turned down by a 3-2 vote of Council. Since that time Mrs. King (who voted no previously) asked that it be re- considered. Mr. Smith reported that Mr. Timothy Kelley, who represents the applicant, had asked that Council reconsider the vote on the Concept Plan; move out the park land and green space and asked that the vote for approval be contingent upon his returning back to Council for a majority vote approval on the location of the park(s) and green space. Mr. Smith cautioned Mr. Kelley - accepting the vote with that condition would be running the risk of perhaps spending $100,000.00 on the Preliminary Plan only to have it turned down by Council at a later date. RECORD OF PROCEEDINGS Minutes of Dublin city council Meeting Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Held August 21, 1989 19 Page Three Mr. Kelley said that the applicant would like to resolve the issue as regards the location of the park land in connection with the Preliminary Development Plan, acknowledging that Council would have the final say as to disapproval or approval. Mr. Kelley said that they need to further study the park land issue, and that they would wish for Council, this evening, to approve the Concept Plan without an establishsed location for the park land. Mrs. King said that she felt that this was an important project that needed to move forward; that Muirfield Drive needs to be completed. Mrs. King also noted that she felt that there is a real need to meet the situations addressed in the Community Plan; that there be tot-lot-like smal parks in residential neighborhoods; that she had such a commitment from the developer that that would be done; that the developer has made that commitment. Mr. Kelley said that they had made a commitment to keep the issue open; that they feel confident that a plan regarding the tot lot park can be worked out to the satisfaction of Council at the time of the Preliminary Development Plan; that the issue regarding the location of the major park land opposite Avery Park is something that needs to be discussed. Mayor Rozanski expressed a concern regarding the fact that the proposal regarding the tot lot park had not been discussed with all of the members of Council. Mrs. King said that she had simply asked Mr. Kelley in a phone conversation ~ whether or not he would be willing to meet her objection to the original Concept Plan, which was that it did not sufficiently address the need for a small community park in a heavily residential neighborhood and that Mr. rr.r Kelley had indicated that he would be willing to meet that objection. Mr. Jankowski commented that he felt that Mr. Kelley's proposal made sense; that Mr. Kelley seemed willing to put the park where Council decides it should be built; that Council cannot agree on where the park should go; that the engineering on the project should go forward; that Council wants to get Muirfield Drive in quickly; that the Concept Plan should be approved as Mr. Kelley wishes; that the park issue can be decided at the time of the Preliminary Development Plan. Ms. Maurer suggested going forward with the vote; approving or disapproving the Concept Plan as presented with the large park in the more southern part of the site. Regarding the five acre Butterfield tract, Mr. Kelley said that they would like to make that tract a part of the plan but that they can do what they propose without that tract; that the five acre Butterfield tract is not a part of the application at this time; at present it is not owned by the applicants. Mr. Smith, on behalf of Mrs. King, made the following motion: move to approve the Concept Plan, Dunmere at Muirfield Drive, conditioned upon the applicant returning to Council to obtain the majority vote of Council as regards the location of the park land and agreen space as a part of the Preliminary Development Plan. ,r Ms. Clarke said that she did not anticipate any problems with the motion as worded but that she thought that ultimately both the staff and the developer need to know what it is Council will approve. Mr. Bowman commented that the large park land area is a critical design element within the plan. He also noted that with a 4-3 vote the Planning Commission objected and was concerned about other things - a concern about the multi-family, etc. He also said that he was concerned about having to take the application back through the long Planning and Zoning process and the coming back before Council will the park land issue; that it will be too long a process; that the process has lated two years already. RECORD OF PROCEEDINGS Minutes of Dublin city council Meeting Meeting DAYTON LEGAL BLANK CO., FGRM NO. 10148 Held August 21, 1989 19 Page Four Mr. Jankowski seconded Mrs. King's motion. Mayor Rozanski recalled that he and Mr. Sutphen had objected to the proposed placement of the 14 acre park; that they felt that the 14 acres for park should be placed near the existing Avery Road Park. He also said that he did not recall the rest of Council saying that they would object to the plan if the park land was moved up to that area as Long as the connectors were still and place and everything else was as per the plan. Mrs. Catherin Headlee, a resident of Brand Road, said that this particular plan had not been discussed for two years; that when discussed approxi- mately a year ago that it was half the size that it is at present. She also expressed a concern with Council setting a precedence, a precedence which could be repeated by other developers with large tracts of land, requesting approval of portions of a plan. Mrs. Headlee was also concerned as to why the developer, after hearing Council's objections three weeks ago, had not contacted members of Council until 2:30 p.m. this afternoon. She also noted that the sewerline had been put in to the fire station on Brand Road and was concerned that members of Council were not aware of that fact. Mrs. Headlee suggested getting an accurate survey of the land. Mr. Amorose asked Mr. Bowman how accurate are the surveys, and asked if he felt comfortable with it. Mr. Bowman said that he was; that the plan was being studied, not necessarily the boundaries, etc. He also noted that the developer, in the next phase, will be required to Yrr prove what he owns, etc. Mr. Amorose also said that he was aware of the fire station situation; that a fire station is a permitted use in the R-1 District and that such a use would reuire services. Mr. Kelley noted that the developer has certain deadlines to be met with respect to contingencies in contracts, purchase of land, etc. He also noted that Council does have the final say as regards Preliminary Develop- ment Plan approval, but that the process is ongoing, mentioning discussions with staff, and said that they would appreciate input from Council on the issue, specifically the park land issue. Mayor Rozanski said that he had spoken with Mr. John Belton, president of the DYA programs, who strongly supports the park being adjacent to Avery Park for consolidation of the sports programs and use of facilities, as well as mentioning usage of the new $100,000.00 concession stand. Mr. Kelley said that he understood that Council has the final say on the issue. Mr. Bob Harrison of 7240 Avery Road, said that he personally liked the idea of a neighborhood park. With regard to a park in the Avery Park area, Mr. Harrison said that he felt that additional park land for Avery Park should be on the west side of Avery Road, commenting that it is dangerous to cross Avery Road on foot, especially for children. Mr. Kelley said that he would get a preliminary layout of the park land to members of Council as soon as possible. Vote on Mrs. King's motion - Mr. Amorose, yes; Mr. Jankowski, yes; Mrs. King, yes; Ms. Maurer, yes (with a caveat that it should be referred to committee); Mayor Rozanski, yes; Mr. Sutphen, yes. Mr. Kelley said that he welcomed the committee idea. Mayor Rozanski said that it would be referred to the Land Use and Planning Committee and the Parks and Recreation Committee and that he would try to get the issue resolved in four weeks. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO.. FGRM NO. 10148 Held August 21, 1989 19 Page Five Comments from Staff ~.r Chief Ferrell 1. The City's objection to the provision of a liquor permit for the carryout sale of beer at the Sunoco Station on S.R. 161 was not upheld Mr. Willis 1. Reported that the City bids for the 1989 street improvements came in about $100,000.00 under the estimate (as well as under the amount that was budgeted). The City was planning to add some additional work to that contract but the contractor is unable and unwilling to accept the additional work. 2. The recent heavy rains during the summer have caused some flooding in some areas of town - northern and eastern Muirfield and some sections of older Muirfield - sections which may have been designed not under the City's present storm water retention policy. The City may need to bring in a consultant to study those areas and advise the City as to whether or not the areas meet City policy. Mayor Rozanski asked Mr. Willis about the detention pond on the north side of Brandon where it comes out to Dublin Road. He asked if there is not supposed to be a concrete trough through there to the outlet. Mayor Rozanski recalled that that was discussed after there was a problem with the detention pond in the Woods of Dublin. He also recalled that he thought an ordinance had been passed, changing the City's specifications on future detention ponds. Mr. Willis said that he was not familiar with such an ordinance but that he would check further. Mr. Smith 1. Reported that on Friday, August 18, 1989 the charter amendment changes and the merger documents were filed with the boards of elections. Comments from Citizens Mrs. Headlee 1. Said she was still applying for the Weed Control Manager position. 2. Noted that the City has a Forester as well as a Free and Landscape Advisory Commission. There was a memorial park with trees planted at the Deer Run school/ park site (one in memory of Mr. Willard Grizzell, former superintenden of schools). Of late a sewerline was put in and instead of the trees being picked up and either moved back or moved to another area they were bulldozed out and under. Allowing such to happen should not happen in a designated Tree City. Noted also that some trees planted, as required by the Landscape Code, p"~ in six to eight months are dead, lost or pulled out and not replaced. 3. Recently reported a sign on AVery Road that for two weeks advertised another developed in another city. Why did noone else report that sign or why was nothing done about it? 4. Members of Council please note the amount of work being done in the City on weekends, before and after regular working hours - bulldozers, etc. on roads, streets, retention ponds, etc. Mr. Willis reported that the City does have inspectors working evenings as well as on Saturdays and noted also that, by ordinance, work is not to be done on Sunday in the City. Mayor Rozanski suggested that the City contact the developer putting in the sewerline that goes through the Deer Run site and ask him to make restitution as regards the trees - that the memorial trees be put back and the ground restored to its original condition. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Held August 21, 1989 19 Page Six Mr. Bowman reported that a program has been started - Mr. Jones has been pulling out old site plans and advising developers and property ~ owners of trees that need to be replaced, mounts that need to be re- landscaped, etc., bringing the sitution in compliance with the Landscape Code. Mayor Rozanski recalled that approximately one year and a half ago, Mr. Amorose pointed out that a manager of a business establishment on Frantz Road (Elby's/Shoney's) had had a street tree removed because it was hiding his building and that that tree has never been replaced. What can be done? Mr. Hansley said that refusal to comply with a site plan can result in an appearance in Mayor's Court. Mr. Smith told the staff to send a letter to the violator, telling him/her that they are in violation of the occupancy permit; that the violator has 30 days in which to replace the tree(s) or one is in violation of the occupancy permit and that permit can be taken away. Mayor Rozanski suggested dealing with the situation on Frantz Road to see how the system works. Mr. Bowman said that it is acceptable and that his department will do something about it. Council Roundtable Discussion Mrs. King rte.. 1. To Mr. Willis. When they are repaving Muirfield Drive north of Memorial Drive, there will be a considerable drop-off after the 2Z" of asphalt is added. Are there plans to protect that asphalt by providing some kind of buffer along the end of the road? Mr. Willis said that at present there is a drop-off because of the paving; that the shoulder/berm has not yet been added and will not be until the paving is finished; that the outside shoulder/berm will be added to bring it up to the level of the new pavement and then will be chipped and sealed like the area to the south that was done last year; that the inside of the shoulder/berm will have stone added so that there is not a severe drop-off. Mr. Jankowski 1. The members of the Tree and Landscape Advisory Commission do care a great deal about trees in the City of Dublin. Overall, the City is doing an excellent job and should be proud of the work the City has done as regards street tree planting, mounding and landscaping. Mr. Hansley noted that Mr. Jones has, on his own time, for the last couple of months, volunteered to work with several groups of Boy Scouts and City volunteer staff, and has designed and implemented a A daylily planting program in the City. Mr. Hansley said that he was concerned when a City staff member 1~rr is so often criticized at Council roundtable discussions; when excellent work by City staff is often overlooked. 2. Commented regarding the City manhole rehabilitation project. A source of infiltration was found in his yard (underneath a swing set). An excellent job was done - the swing set was dug up, the manhole was repaired, the swing set replaced, the ground was replanted and seeded and sod was replaced and watered a couple of weeks later. He said that he felt that that was further evidence that there are employees of the City doing an outstanding job, and complimented the Maintenance Department and Engineering Department for overseeing that particular project. He said that he was extremely impressed with the way in which it was handled. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK 00., FGRM NO. 10148 Held August 21, 1989 19 Page Seven Mr. Sutphen 1. Referring to the information reported during the meeting earlier that a contractor was unable and unwilling to do additional work for the City, suggested that such and similar requirements might be a standard line item in the City's contracts. Mr. Smith said that he would work on same. Ms. Maurer 1. The next Land Use Committee meeting will be held on Friday, September 8, 1989 at 11:30 a.m. with a discussion regarding the Dunmere park land issue to be on the agenda. Ms. Bray of the Planning Department will be sending out notices - to Council members as well to remind them of the meeting. 2. Noted that there are a number of people in the Planning Department working long hours. 3. The change in the traffic signal at Bridge and High Streets seems to have resulted in improvement in traffic movement. 4. Noted with displeasure the way in which the contractor for Columbus Southern Power has topped off the trees around the power lines. Mr. Amorose said that he had met with Mr. Marty Grosh of Columbus Souther Power and had told him that he felt that there had been excessive pruning of the trees. Mr. Grosh said that that was the established policy, but that they would be a little more cautious ~ in the future. Council requested that the Clerk draft a letter and express Council's concerns and ask them to be more considerate. 5. Regarding Housing Council appointments, Mr. Bowman said that he would submit a list of recommendations to Council in the near future. 6. Received notification that she has been appointed to the Transporta- tion and Communications Policy Committee of the National League of Cities. The committee will meet on Sunday, November 26, 1989 prior to the National League of Cities Conference in Atlanta, Georgia. Mr. Amorose 1. Complimented Chief Ferrell for the initiation, and Officer Mike Epperson for the implementation of the D.A.R.E. program in Dublin and for the effort being expended toward getting the citizens of the community involved. 2. Columbia Gas of Ohio, after putting in underground gas lines, is failing to restore the sites properly. 3. Complimented Mr. Jones for the great job he is doing. At 8:49 P.M. Ms. Maurer moved to adjourn to Executive Session to discuss personnel matters. Mrs. King seconded the motion. Vote - Mr. Amorose, yes; Mr. Jankowski, yes; Mrs. King, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Sutphen, yes. The next regular meeting of Council was scheduled for Monday, September 11, 1989 at 7:30 P.M. since the date for the next regularly scheduled meeting would fall on Labor Day. 1~ v/`~ Mayor - Presiding Officer C erk of Co nci