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HomeMy WebLinkAbout02/22/2000 , , I Iii RECORD OF PROCEEDINGS '''''_'''@HOHO_HO'''QmHO''''''''''''''~''~''~HO~M1E~~!es <2i"m~HO~QmHOm~HO"Qm"mQ~~@~#"m~~iD1~~""""C~'fHOQmCC~-HO~rlVfHO-"U~~__'@_~Q~m"#_#~~~HOQHO#~_ ~ 1 Meeting u m I y ouncI ee mg m ageHO #~"h_mh~Q~Q_"~mQ~Q~HO"____"~HO"",_mmQ""~""Q~Qh o YTON LEGAL BLANK CO" FORM NO. 10148 Rein February 22,2000 19 Mayor Kranstuber called the Dublin City Council meeting of February 22,2000 to order at 6:00 p.m. Mayor Kranstuber moved to adjourn to executive session for land acquisition and -- personnel matters. Mr. Adamek seconded the motion. Vote on the motion - Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Adamek, yes. Council Members Boring and McCash arrived later and joined the executive session. Mayor Kranstuber reconvened the meeting at 7:30 p.m. Mr. Adamek led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring, Mr. McCash, Mr. Peterson, and Ms. Chinnici-Zuercher. Mr. Reiner was absent ( excused). Staff members present were: Mr. Hansley, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Mr. Harding, Ms. Clarke, Mr. Kindra, Mr. Hale, Mr. Stevens, Ms. Heal, Ms. Edwards, and Ms. Crandall. Approval of Minutes of Meetine of February 22. 2000 Ms. Chinnici-Zuercher noted an addition to her comments during the Roundtable portion, and asked that it be noted that Mrs. Boring also attended the meeting regarding the development of Donegal Cliffs park. Mayor Kranstuber moved approval of the minutes of February 22,2000 as amended. Mr. Peterson seconded the motion. ~ Vote on the motion - Mr. Adamek, abstain; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. Correspondence The Clerk noted that Council has received three requests for permission to serve alcohol in Coffinan Park. The first is for the Dublin Irish Festival on August 4, 5 and 6. Mrs. Boring commented that this event has become a signature event for Dublin and she supports this request. However, it appears from the number of requests on tonight's agenda that Coffinan Park is being over-utilized for events in which alcohol is served, and she is concerned with this image for the park Therefore, her positive vote on this request should not indicate that she will in the future support other requests. Mayor Kranstuber moved to approve the serving of alcohol at the Dublin Irish Festival in Coffinan Park on August 4, 5 and 6, 2000. Mr. Adamek seconded the motion. V ote on the motion - Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes, Mrs. Boring, yes. The Clerk noted the second request is from Vintage Columbus, the Ohio Wine Producers Association, to serve alcohol during their second annual festival on June 9-llth, 2000 in Coffman Park. ~ In response to Mr. Adamek's question about the Columbus name associated with this event, Ms. Edwards stated that during the bed tax application process, there was discussion regarding using the "Dublin" name instead of "Columbus." The association indicated they prefer to use the "Columbus" identification in order to gain national publicity. The Finance Committee during that process did agree to fund them with the use of the Columbus name. She added that last year, the group incurred a loss of approximately $50,000 on the event. Mr. Adamek stated that the issue will be revisited during the Finance Committee hearing on the hotel/motel tax grant application. In response to Mrs. Boring, Ms. Edwards stated that there is no charge for the use of Coffinan Park as there is a waiver of the rental fees for the shelter houses which is done through the bed tax process. I I I i'l 1,1 ,..' Iii: IF il" lEI.: II , i' i ii,' :i.'I. RECORD OF PROCEEDINGS ._<<""<_~k@'@~mm~'~<mmH~~"m"N@!\1in,!! t~NN2LNN~~~-m~mNHNH~-N-H~N~DtiDmrCrry~Coui1Cit1V1eeting-~~~--mm----yage-2'~"~-mm<"mN~m<mHm-}\~.~~lE"gHm-m-.~'~<~H0 DAYTON LEGAL BLANK CO. FORM NO. 10148 Helcl February 22, 2000 19 Ms. Chinnici-Zuercher moved to approve this request. Mr. Peterson seconded the motion. Vote on the motion - Mrs. Boring, no; Mr. Adamek, yes; Mr. McCash, no; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. ., '...;.- ' The Clerk noted the third request is for the Smooth Jazz Festival Summer Concert Series in Coffman Park, scheduled for June 24th, July 15th and August 19th to benefit Children's Hospital. (Mrs. Boring indicated to the Clerk that she would abstain on this issue.) Sharon Whalen, Marketing Director, Smooth Jazz stated they are exploring the possibility of moving their event, which has been held at Buckeye Lake for the past two years, to Dublin as they are a Dublin-based organization. They understand that without City Council's permission for serving alcohol in Coffman Park, there is no need to pursue these plans further. In response to Mayor Kranstuber, Ms. Whalen stated that several nationally known jazz performers are featured at the festival. Ms. Edwards stated that the Community Relations staffhas had preliminary meetings with this group. The ideal location would be the event lawn, but it will not be completed in time for summer 2000 events. Because this festival involves alcohol, City Council approval is needed before going forward. Mayor Kranstuber moved approval of the request from Smooth Jazz. ~ The motion died for lack of a second. i Mr. Adamek commented that his concern is that this is a very large festival for Coffman Park, and the adjacent residents would be asked once again to endure the traffic and noise associated with events. He believes that Coffman Park is too small for the scale of this event. Mr. McCash commented his concern is with staging a concert event in a residential neighborhood. There have already been concerns voiced in regard to the level of noise with the Irish Festival. Ms. Edwards stated the group is seeking a pastoral setting. If Council so directs, staff will meet with the group to review other locations in Dublin. Mr. McCash suggested the Metro Place location for such an event. Ms. Whalen stated that she understands Council's concerns. They are receptive to the possibility of other locations in Dublin. Ms. Chinnici-Zuercher stated that she would like staff to continue the discussion with them, taking into account the concerns that Council members have raised and the related parking issues associated with such events. - , Mayor Kranstuber clarified that the Finance Committee will provide further direction to the Ohio Wine Festival group during the bed tax application process about the need to incorporate Dublin in their event identification. Mr. Hansley noted that a request has been sent by the Dublin Wrestling Club for a fee waiver of$220 for the use of the community hall at the Recreation Center. Staffis recommending Council approval by motion. Ms. Chinnici-Zuercher asked ifthere are criteria on which Council bases the granting of fee waivers, i.e., school-sanctioned events, school club events, etc. Mrs. Boring stated that Council may be setting a precedent by granting this fee waiver request and not future ones from similar organizations. 1.:1 RECORD OF PROCEEDINGS w___w~"m~,_#~_w___,,~wmh_"_"m~M!!l U teE-2-Lm_-~__-h1'J~r5rw~-CiT\rCr-~-"~tM--'l~-~~w--m---_h-m-,,------}T:rge-~mwh~--~m-m-"-~'h~-~h~et!~g u m I y ouncl ee mg "h_m~h_'W~_,Wm" DAYTON LEGAL BLANK CO., FORM NO 10148 HelcI February 22.2000 19 In response to Mr. McCash, Mr. Hansley stated this request comes from the official booster club, which is somewhat separate from the school itself. ~ , Ms. Heal stated that she has received several phone calls already about the possibility of I fee waivers for similar groups. Mayor Kranstuber commented that granting all ofthe requests for fee waivers would result in over-scheduling ofthe facility. Mr. Peterson commented that the rates for schools and non-profit groups are already set very low, and rental of any other suitable facility would likely cost much more. Hearing no motion, Mayor Kranstuber requested that Mr. Hansley communicate to the Dublin Wrestling group that Council does not support waiving of fees per tonight's discussion. Staff Comments Ms. Grigsby stated that legal staff is continuing to work with ODOT regarding the discrepancies in the attachments to Resolution 16-00 in regard to the right-of-way acquisition costs. ODOT concurs that the amount on the exhibits attached to Resolution 16-00 were incorrect. Additional legislation will be brought to Council when the correct numbers are verified. Mr. Hahn asked for Council direction regarding acquisition of a parcel consisting of 1.24 ~ acres on the east side ofthe river, generally located across from the Bash driving range. ' ' Mr. Hansley clarified that in previous executive session land acquisition discussions, Council has given direction to purchase land from any willing seller along the riverfront on either side of the river. This parcel is available at about $50,000 an acre, which staff believes is fair market value. Staff will bring forward an ordinance for this acquisition at an upcoming meeting if this is in fact Council's desire. In response to Mrs. Boring, Mr. Hansley indicated that the appropriate land use would be open space or parkland. There was no objection from Council to bringing this ordinance forward. Ms. Edwards noted that: 1. The annual State of the City address is scheduled on Thursday, February 24 beginning at 7 p.m. in the new theater at the Rec Center. 2. In response to the Wyndham Village Homeowners Association's request, Community Relations is providing staff support to the grand opening of the neighborhood park. This is being done on a trial basis, and if successful, will be done in other neighborhoods. 3. Airtouch has agreed to allow use of their east parking lot to accommodate those attending the State of the City address. Shuttles will be available to and from Airtouch. Mayor Kranstuber noted that employees at the Rec Center have made him aware of the lack of available parking at the Center. He asked ifthere is any interest from Council in -......... making the parking issue a priority item at this time. He believes that there is now a demonstrated need, and Council's previous direction was to wait until the parking shortgage became apparent. Mr. Hansley stated that the parking capacity has already been exceeded, and with double- booked events, he predicts the parking will be inadequate. Mr. McCash stated he would prefer to postpone further action until after the construction fencing is removed. There are additional parking spaces currently being used by the construction trailers. He does believe that double booking of events will result in spilling over of parking on residential streets in the area. I I I II Ii :.,. .u" .liiiiliw.liHI I I '. : : '.. II ,I :1 RECORD OF PROCEEDINGS ""~~_W'h"m"~'@W"''''h_''~_Qm_''''''h~hMin]!te~QLh~~'__'''~Q~~&~-Uut5nIr'CiTy&CoufiI::lrMeetrfigh"_mh~_&Qh""'&"'h&h~"'@hW&h_&w'jT<Ige'''<t'''Q_mh._'''_m_m&'~_~~~!!~~''''''''-'''-''WQ-' DAYT N LE AL BLANK CO. FORM NO. 10148 HeM February 22,2000 19 Mayor Kranstuber suggested that Council members observe the current parking situation for purposes of a future discussion. - Mr. Hansley stated that it is staff s intent not to artificially stagger events to reduce the impact on parking. In this way, a more accurate assessment can be made ofthe parking needs. It is important not to under utilize a facility in view ofthe large capital investment which has been made. Citizen Comments There were no comments from citizens. LEGISLATION TABLED ORDINANCES SCHEDULED FOR HEARING Ordinance 142-99(Amended) - An Ordinance Amending Portions ofthe Zoning Code to Regulate Accessory Structures/Uses in the City of Dublin. (Case 99-022 ADM) Ms. Clarke stated that this ordinance was tabled for 30 days at the public hearing, and Council requested that staff review the possibility of limiting the size of a freestanding garage. That is the only change to the ordinance. It establishes the maximum size for a detached garage at 720,000 square feet, which will accommodate a three-car garage. Vote on the Ordinance - Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes. SECOND READING & PUBLIC HEARING - ORDINANCES r--". Ordinance 20-00 - An Ordinance Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph (C) "(Waiver of Competitive Bidding"), For the Procurement of Services to By-Pass Sanitary Sewer Flow, Clean and Televise 20,000 Feet of Sanitary Sewer Line. Mr. Hansley stated that staffhas prepared a detailed report. Staff is recommending the waiver because of the unique nature of this particular proj ect. Staff is requesting adoption at this time. Vote on the Ordinance - Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 23-00 - An Ordinance Amending Portions of the Zoning Code to Permit Changeable Copy Signs for Schools in the City of Dublin. (Case File No. 99- 122ADM). Mr. Adamek introduced the legislation and moved referral to Planning and Zoning Commission. Mr. Peterson seconded the motion. V ote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. Mr. McCash noted that this ordinance was already reviewed by the Planning r Commission. ; Mr. Smith stated that the City Charter requires that amendments to the zoning code be r formally introduced at Council and then referred to the Planning Commission. Mr. Hansley stated that an informal discussion was held at Planning Commission on this topic; based on that discussion, the ordinance was drafted for first reading at Council. Mrs. Boring noted that some of the dates in the legislation are incorrect. Mayor Kranstuber commented that he would prefer not to refer this legislation to Planning Commission. Ms. Clarke stated that the topic was discussed informally at the Planning Commission iii, Ii :Ii! .1 lilllHi hllilll;, :.:,! ,I,;i RECORD OF PROCEEDINGS Minutes of Dublin "CifYCmmcll'Meefifig"'-~~~'''~'~~_m'mh~''_---Page~~--_'h~m_hm''~_h~h~~!:~iIlg"w"__@_~~h@ ""N<=~ff/HQ'mN<=_~/MW<=/#U4"//"""""H.W""'~""""'~____~M""Wmw"" DAYTON LEGAL BLANK CO FORM NO 10148 Helrl February 22, 2000 19 and then tabled for further review. Mrs. Boring stated that she, too, would prefer not to refer this legislation to Planning r---. Commission. Ms. Clarke commented that the issue was originally brought before Council by a resident and referred to the Planning Commission. Based upon P&Z's recommendation, staff then drafted the legislation. The ordinance is not in final form and will be revised through the process. The ordinance was referred to Planning Zoning Commission. Ordinance 24-00 - An Ordinance Amending Portions of the Zoning Code to Implement the "Road to Wow," a Scenic Corridor Overlay District. Mr. Adamek introduced the ordinance. Ms. Chinnici-Zuercher moved to refer this to the Community Development Committee with specific instruction to request public input, particularly from the people that are impacted by this, and to bring any recommended changes back to Council. Council may then want to refer it to Planning and Zoning for a formal rezoning process. The Planning Commission has had informal discussion, but has not held the formal public input process with notification as is their charge. Ms. Chinnici-Zuercher added that she would like to ensure that public hearing notice is given in all local newspapers, and that adequate opportunity for public testimony is - provided at the committee level. Mr. McCash stated that the Planning Commission has received an opinion from the Law Department regarding the notification to property owners. This opinion indicated that notification by mail to property owners would not be required, and that newspaper notification would be adequate. However, some areas of Dublin are located in the Hilliard School District and they do not receive the local Dublin newspapers. This ordinance affects current property owners of existing homes, similar to the 200- foot setback ordinance, and the public may not fully understand the impacts. Mr. Peterson and Mrs. Boring agreed that public notification would be important. Mr. McCash seconded Ms. Chinnici-Zuercher's motion. Mayor Kranstuber noted that Mr. Reiner, Chairperson of Community Development Committee is absent tonight, and so the time and date of this meeting will be determined at a later date. He then called for a vote. Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. ~ Mayor Kranstuber asked staff for clarification about the differences among the "Road to I' ~, Wow" ordinance, the internal "Wow" program, and the Southwest Plan. His recollection is that Council's focus was on the need for the architectural standards portion ofthe Southwest Plan. Council has been generally less supportive of the conservation easement portion of that plan. He believes that it was and is Council's desire that the architectural standards portion is adopted quickly, yet for some reason, the "Road to WOW" is instead being fast tracked. He is not certain what prompted this program. What has happened with the architectural standards? Several Planning Commissioners have expressed frustration with the delay. Ms. Clarke explained that the "Road to WOW" was generated as a result of Council's 200-foot setback discussions at a joint meeting of Council, the Planning Commission, and the Board of Zoning Appeals. The Law Director's office drafted a 200-foot setback ordinance, and the Planning Division hired Kyle Ezell last spring to find an innovative i i : I '.1 ! 'l'l.i.... '1'l!lij":;'i"I'"'''''''''''' 1Iil1liUl.iH i I! ! ';:1 .r"T RECORD OF PROCEEDINGS "m",,,_,,~~_",,,,__,,__,,,,,,"~_~~~_J~I!#~~~~~!"~"_"m""__#___@__#nW51rrrcrty~ouficrr1Vfeet1ngW---~~m,,_m_-@--"@--~~"-"?ag~ro-~"--""~,~"",,@~,,,,,@,,_~!~!!!?:,g.~_"""""m__w. DAYTON LEGAL BLANK CO., FORM NO. 10148 He1cI February 22. 2000 19 approach to implementing Council's policy direction. The "Road to WOW" addresses Council's desire to have scenic road setbacks. During discussion of this program, it was noted that the "Road to WOW" deals only with the perimeter of a development; it does r--.. not enhance the interior layout of a subdivision. The Planning Commission subsequently suggested that developers receive density credits for internal enhancements, such as boulevarded streets or additional parkland. Mayor Kranstuber asked if all subdivisions within Dublin would be affected by such an internal standards ordinance. Ms. Clarke responded that there is no existing draft of an internal "Wow" type program. A list has been established of things which are desirable to incorporate in such a program. The Planning staff would prefer to initiate the "Road to WOW", and ifit is successful, they will expand upon it. In response to Mayor Kranstuber, Ms. Clarke stated that the architectural standards have been the most difficult portion to draft. They will likely have the most complicated approval process and will be the most controversial. In view of the present staffing shortage and the heavy workload, the internal "WOW" program has not been drafted. Mayor Kranstuber reiterated that when the consultants from Wallace, Roberts and Todd met individually with Council, Council discussed details of architectural standards needed for the community. This ordinance does not meet that Council goal. Mr. McCash commented that Council directed staff to raise the bar to a higher standard for developers, which includes many things - architectural standards, variety of materials, ,.-. proportions and massing. The Planning staff attempted to address all of this in the Southwest Plan. However, the necessary architectural standards were not included in the Southwest Plan, and he conveyed this to staff. All of these programs - the "Road to WOW", the internal "WOW" program, the Southwest Plan, and the conservation subdivision design - plus traffic planning need to be integrated. So far, the approach has been piecemeal, and Council will have to deal with the problems such an approach creates. Mayor Kranstuber summarized that it is Council's desire to implement the architectural standards portion of the Plan, and that Council support of the conservation easement portion is dwindling. It was the consensus of Council that a Committee of the Whole would be a better forum for future discussion of this ordinance. Ms. Chinnici-Zuercher amended her motion to refer the "Road to WOW" ordinance to a Committee of the Whole. Mr. McCash seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Ordinance 25-00 - An Ordinance Providing for a Change in Zoning for 2.5 Acres ~ Located on the Southwest Corner of Perimeter Loop Drive and Avery-Muirfield Drive, from: PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Riverside Hospital Plan - Subarea 2 - Case File No. 00-012Z) (Applicant: Hospital Properties, Inc., 3555 Olentangy River Road, Suite 4000, Columbus, OH 43214, represented by Ben W. hale, Jr., Smith & Hale, 37 W. Broad Street, Suite 725, Columbus,OH 43215) Mrs. Boring introduced the ordinance and moved referral to the Planning and Zoning Commission. Mr. Peterson seconded the motion. Vote on the motion - Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes. Ordinance 26-00 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2000. ! ! I :i );I>TI ,I r : .,,:i<: I', ;. ; I ::i .: n'''ml'T'f'~(''r'~I'i''':'I1'WI; ",1;11;""1*l':',:!"''i.JIIt:::ln RECORD OF PROCEEDINGS ~"'U$$Um"'U_$#_"'QU#_~~~_"$~_"M!n~ t~@_9,L$_~ff~$$m@"'@~_'~''''$rmt5ttrretty~TIfrctt''1vreettrrg''@$''mu-M~"_"m_$Qu~'@$-il'agn"'ffuumum"ff@'_$"'_'M_U_ M~~_!ing,,_,,__"mffQ"'_U" DAYTON LEGAL BLANK CO. FORM NO. 10148 HelcJ February 22, 2000 19 Mr. Adamek introduced the ordinance. At this point Mayor Kranstuber left the meeting, announcing that Vice Mayor Adamek would preside over the remainder of the meeting. ,.--. Mr. Hansley stated that this ordinance appropriates funding for several projects, all of , which Council has already approved prior to tonight's meeting. Staffis asking for adoption at this time. Mr. Adamek moved to dispense with the public hearing. Mr. Peterson seconded the motion. Vote on the motion - Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes. V ote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes. Ordinance 27-00 - An Ordinance Accepting the Annexation of 520+/- Acres from Washington Township to the City of Dublin. (Christopher T. Cline, agent for petitioners Jay W. Liggett, et al.) Mr. Peterson introduced the ordinance. Mr. Hansley stated that staff is requesting that this ordinance be held for a second reading. This relates to the area in the southwest portion of Dublin that has been proposed for a golf course residential community development. Mr. Cline is present to respond to any questions. There will be a second reading and public hearing at the March 6 Council meeting. Ordinance 28-00 - An Ordinance Accepting the Lowest and Best Bid for Right-of- ~ Way Maintenance for the City of Dublin. Mr. Adamek introduced the ordinance. Mr. Hansley stated that this bid involves right-of-way maintenance for four separate areas, including Emerald Parkway, State Route 161, Woerner-Temple and Hard Road. Staff is recommending this be held over for second reading. There will be a second reading and public hearing at the March 6 Council meeting. Ordinance 29-00 - An Ordinance Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph C ("Waiver of Competitive Bidding") for Beverages for the Dublin Irish Festival. Vice Mayor Adamek introduced the ordinance. Mr. Hansley stated that in exchange for sponsorship dollars, staff is recommending that this vendor be given exclusive rights to sell beverages at the Dublin Irish Festival. This requires waiving of the competitive bidding requirements, and staff believes it is in the best interests ofthe City because ofthe sponsorship monies involved. Mrs. Boring suggested that a competitive bidding process might generate more competition and result in a better sponsorship package. Mr. Hansley indicated that staff is always willing to entertain proposals from interested sponsors, and over the years, the Festival sponsor has changed several times due to the ....-... incentives offered by different vendors. ;. In response to Mr. Peterson, Mr. Hansley stated that this year, the sponsor is donating $15,000 in cash and $5,000 in radio advertising in exchange for exclusive rights for beverages. There will be a second reading and public hearing at the March 6 Council meeting. Ordinance 30-00 - An Ordinance Authorizing the City Manager to Enter into a Lease Agreement with DubLink Development, L.L.C. for the Burial of Certain Cable T.V. and Telecommunications Utilities. Mr. Adamek introduced the ordinance. Mr. Hansley stated that Mr. McDaniel has provided a detailed memo. There will be a second reading and public hearing at the March 6 Council meeting. I , 'I Iii RECORD OF PROCEEDINGS Wm"~'"~_"W@_"m_$"m~P_~~~J\1in"l;!tes of 'Nw~~-'~-"~m"m~-rruD1mCrryLounCi11Vfeettng-~"mmm$m~"_m"-~"-Pa1re~m",-p"'mmmm""'_m~#~ ~ee"!!~,,g#~N,wmN_~~ DAYTON LEGAL BLANK CO. FORM NO 10148 Hele) February 22,2000 19 Ordinance 31-00 - An Ordinance Authorizing the Issuance of $6,185,000 Adjustable Rate Economic Development Revenue Refunding Bonds, Series 2000 (Dublin Inn, .--- Ltd. Project) of the City of Dublin, Ohio, the Proceeds of Which Shall be Loaned to Dublin Inn, Ltd. To Refund Bonds Previously Issued by the City of Dublin to Finance the Acquisition, Construction, Installation and Equipping of a Commercial Facility for Use as a Hotel Located within the City of Dublin, Ohio; Providing for the Pledge of Revenues for the Payment of Such Bonds; Authorizing a Loan Agreement and Trust Indenture Appropriate for the Protection and Disposition of Such Revenues and to Further Secure Such Bonds; Authorizing a Bond Placement Agreement; Authorizing Other Actions in Connection with the Issuance of Such Bonds; and Declaring an Emergency. Mr. Adamek introduced the ordinance. Ms. Grigsby stated that these relate to the Wyndham Hotel. The bonds were originally issued in 1980, and they have been refunded once since then. There is a representative from the bond counsel, Bricker and Eckler present tonight. Bill Connard, Bricker & Eckler stated his firm has been asked to serve as bond counsel by the investment banker for this project. These bonds are for the Wyndham Hotel which was originally financed in 1980 by an issue of industrial development bonds. The federal tax code requires an opportunity for public comment regarding the project before a bond may be issued. They are also requesting passage by emergency. These bonds, while issued by the City, do not involve any financial liability on the part ofthe City. These are special Chapter 165 Revenue Bonds. That statute requires that no monies ofthe City may be used for ~ repayment of this debt. They are payable solely from the revenues from the project, and from the Letter of Credit that is pledged to them from the Huntington National Banle The reason for the request for emergency passage is that, in view ofthe uncertainty of financial markets, refinancing must be done as quickly as possible. They would like to close this particular issue next week. He would be happy to answer any questions. He added that the Wyndham Corporation invested an additional $4 million into this facility over the past two years, and they currently employ approximately 160 people and enjoy a 70 percent occupancy rate. Mr. Adamek asked if the purpose ofthis reissuance is solely to obtain a better rate of interest than that which was available in the 1980's. Mr. Connard stated that is correct. The current interest rate is in excess of nine percent and this one is expected to be in the four percent range. Mr. Smith stated that the City's bond counsel has reviewed this. This was originally a 30-year 1980 bond issuance which has ten years remaining. Discussion followed. Mr. Adamek opened the public hearing for Ordinance 31-00. No one came forward to testify. Mr. Adamek closed the public hearing and moved to treat Ordinance 31-00 as emergency legislation and dispense with any further public hearing. Ms. Chinnici-Zuercher seconded the motion. V ote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes. Vote on the Ordinance - Mr. Peterson, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes. . ! ! I i i i i i " " lii!illtFilrJI i I i ", iF iii RECORD OF PROCEEDINGS M"'b_~_"m~~Qm""""""@mb~__'Q"~b~,,~_~jn ~}~Q~~J?L~~-------~-IJllotrn"CllY~Cbunctt1Vreetimrw""mb=Q_Q~-"-"-~~""~''?a~re''~''''QQ~~''"b~m''m~''''''~~_~m~~~~tiE~~~~b~'~m""~,, I DA ON LEGAL BLANK CO. FORM NO. 10148 Heir] February 22.2000 19 Ordinance 32-00 - An Ordinance to Appropriate a 3.147 acre, More or Less, Fee Simple Interest, a 0.194 Acre, More or Less, Fee Simple Interest (present road occupied), a 0.328 Acre, More or Less, Access and Utility Easement, a r: Combined 1.113 acre, More or Less, Utility Easement and a Combined 1.927 Acre, More or Less, Temporary Construction Easement, from Post Hylands Co., Located East of Liggett Road and South of Perimeter Drive, City of Dublin, County of Union, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 33-00 - An Ordinance to Appropriate a 0.444 acre, More or Less, Fee Simple Interest, a 0.157 Acre, More or Less, Utility Easement and a 0.162 Acre, More or Less, Temporary Construction Easement, from Warren Gorden, Located East of Hyland-Croy and North of Perimeter Drive, Township of Jerome, County of Union, State of Ohio, and Declaring an Emergency. Ordinance 34-00 - An Ordinance to Appropriate a 0.126 Acre, More or Less, Fee Simple Interest and a 0.146 Acre, More or Less, Temporary Construction Easement, from GLK Properties, Ltd., L.L.C., Located South of Post Road, City of Dublin, County of Union, State of Ohio, and Declaring an Emergency. Ordinance 35-00 - An Ordinance to Appropriate a 0.341 Acre, More or Less, Fee Simple Interest (present road occupied), a 0.116 Acre, More or Less, Utility Easement, and a 0.117 Acre, More or Less, Temporary Construction Easement, from Albert Schoby, Located East of Liggett Road and North of Perimeter Drive, City of Dublin, County of Union, State of Ohio, and Declaring an Emergency. r Ordinance 36-00 - An Ordinance to Appropriate a Combined 0.221 Acre, More or Less, Fee Simple Interest (present road occupied), a Combined 0.052 Acre, More or Less, Utility Easement and a Combined 0.071 Acre, More or Less, Temporary Construction Easement, from Northwest Assembly of God, Located North of Post Road, City of Dublin, County of Union, State of Ohio, and Declaring an Emergency. Ordinance 37-00 - An Ordinance to Appropriate a 0.073 Acre, More or Less, Fee Simple Interest (present road occupied), a 0.024 Acre, More or Less, Utility Easement and a 0.024 Acre, More or Less, Temporary Construction Easement, from William Syar, Located North of Post Road, City of Dublin, County of Union, State of Ohio, and Declaring an Emergency. Vice Mayor Adamek moved to introduce Ordinances 32-00 through 37-00, to waive the Council Rules of Order and to have the Clerk read the names of the property owners and roads into the record. Mr. Peterson seconded the motion. Vote on the motion - Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes. Mr. Smith stated these appropriation ordinances relate to the Perimeter Road extension to ~ accommodate the Rail Van project. In order to comply with the terms of the TIF i agreement, these must be filed with the court shortly. For this reason, staffis requesting passage by emergency. Mr. Adamek moved to treat Ordinances 32-00 through 37-00 as emergency legislation and to dispense with the public hearing. Ms. Chinnici-Zuercher seconded the motion. V ote on the motion - Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes. Vote on the Ordinances - Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes. RECORD OF PROCEEDINGS ~m~Q~~hh~__~~m~~"~~_hh@m'~~~ teS-2L~M"~M~~~~"m"M_M_NNDU15mr"City Councinyree1ing~_hhNM'~~~~~-~"~-'-~1?'age1"U--'~_hh_m~N'~~ M~~!i~~mMN~mhh@mN~m DAYTON LEGAL BLANK CO FORM NO 10148 HeM February 22,2000 19 Ordinance 38-00 - An Ordinance Authorizing the Mayor to Appoint a Magistrate to Conduct Mayor's Court Proceedings When Both the Mayor and Vice-Mayor are Unavailable to Conduct Such Proceedings. r-- Mr. Adamek introduced the ordinance. Mrs. Boring stated that she has some concerns related to this legislation and has asked the Law Director if an executive session for personnel matters could be held prior to the next reading on this ordinance. Mr. Smith confirmed that this request was made, and he will provide an opinion prior to the next reading. There will be a second reading and public hearing at the March 6 Council meeting. Ordinance 39-00 - An Ordinance Authorizing the City Manager to Enter into a Collective Bargaining Agreement with the Fraternal Order of Police, Ohio Labor Council Regarding Wages, Hours, Terms and Conditions of Employment for Employees within the Communications Technician Bargaining Unit. Mr. Adamek introduced the ordinance. Mr. Hansley stated that Council has been provided with a detailed memo regarding this. Staff enjoyed a very successful negotiation with this particular bargaining unit. Mr. Harding stated that negotiations were completed within a 60-day time frame, involving nine meetings. Staff s assessment is that the agreement as drafted is fair and beneficial to both parties. The City's labor counsel, Mr. Wiseman is present to respond to questions. r--'" , Mrs. Boring asked if Human Resources will bring legislation forward for non-union employees based upon what is done tonight for this bargaining unit. Mr. Harding stated that the annual compensation plan update would be prepared for the next Council meeting. Ordinance 40-00 - An Ordinance Authorizing the City Manager to Commission Code Enforcement Officers. Mr. Adamek introduced the ordinance. Mr. Hansley that this ordinance was drafted at Council's request. It will help with enforcement of Dublin's zoning codes throughout the City. Staff is recommending this be held over for second reading. In response to Mrs. Boring, Mr. Smith stated that this in no way changes any fines but rather allows enforcement in a much more rapid fashion, and allows the City Manager to add enforcement people and designate others to enforce the zoning codes. Mrs. Boring asked if Council could later decide to adjust some of the fines or levels of misdemeanors. Mr. Smith confirmed that Council could handle this as a separate issue. ~ Mr. McCash suggested that this be passed by emergency tonight in view of the need to initiate this as soon as possible. He then moved to dispense with the public hearing and treat the ordinance as emergency legislation for reasons of health, safety and welfare of the residents of Dublin. Mr. Peterson seconded the motion. V ote on the motion - Mr. McCash, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance - Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes. Concept Plan - Sharp Property - 4100 W. Dublin-Granville Road (Applicant: Tall Piines Holding, Ltd., 3473 Mildred Drive, Falls Church, VA 22042; c/o JeffRoby, 7100 Muirfield Drive, Dublin, OH 43017) I i I I I I :i ! "''''' i,i1iJI i i " 'i ,. i 'I,: ",w"" ,V>"," ,,,",,"'1','" ';,,","Wll '~'''fl I:pnj ",'T 1 I','-!) ,'liHl!I.'.lV:lr"ili,lI;!..!i.m!<'U:"F'lm .1~1'l'1',:c,f!:~R!lI'i't'li"! RECORD OF PROCEEDINGS -",@._",-"",,,,,,,---,~~___M}n,:teE,,,_"2L~"'~mm_~"'-"'~-~DTmrrnQCitymCotrff(mm1Vl'eetrfrg~""'-"'~"'_~h"'~_m~"'''''Yagem"!1@''"_'''h__"_''''m_~_~~!L~",g"_W"~__h"''''" DAYTON LEGAL BLANK CO. FORM NO. 10148 Helcl February 22, 2000 19 Ms. Clarke stated that the site is located on 161, and is a consolidation of seven separate parcels that have been in the Sharp family for some time. Subarea B, which is south of Stoneridge Lane, would be zoned for offices. Currently, the entire site is zoned for ~ offices. The request for Subarea A includes a variety of retail uses, the most significant of which would be a car dealership. The site is located between the LaScala Restaurant and the Stoneridge Medical Offices. This was reviewed by the Planning Commission on January 20,2000, and the Planning Commission's motion for approval failed by a vote of 3-4. Staff had recommended approval of this in concept, with the idea that architectural and other safeguards would be added during the rezoning phase. The Planning Commission felt that the use was inappropriate. The concept plan vote is non-binding under Dublin's Code, and this is the first step of a rezoning to a PUD classification. Mr. Adamek invited the applicant to come forward at this time. JeffRoby. applicant stated that the vote at the Planning Commission was split. There are currently three other car dealerships along this road. The Community Plan calls for future land use of offices or light industrial, and therefore a car dealership and a restaurant are consistent. The state is willing to build about 700 feet of roadway that would tie in the back section and allow access over to Meijer's. The applicant would agree to build that back road and dedicate it to the City, thereby completing the entire connection to Stoneridge, assuming the state portion is done. Staff also supported this concept plan because an auto dealership does not generate heavy traffic during peak times. Staff recommended approval with six conditions which the applicant agreed to. They are willing to do more elaborate landscaping to mitigate the impact, if that is the desire of Council. r Ms. Clarke confirmed that only a rezoning disapproval by P&Z requires an overriding vote of Council. A concept plan approval requires 4 affirmative votes by Council. Ms. Chinnici-Zuercher asked for more detail about the objections raised by the Planning Commission. Mr. McCash responded that the Community Plan calls for a mixed use with employment emphasis in this area. The other concern was the issue of overall development between Sawmill and Riverside, i.e., does the City want to continue development of retail/restaurant uses, or does the City want more corporate headquarter/office development such as Wendy's and Stoneridge. Hearing no further comment, Mr. Adamek called for the vote on the concept plan. Vote on the Concept Plan - Mr. McCash, no; Mrs. Boring, no; Ms. Chinnici-Zuercher, no; Mr. Adamek, no; Mr. Peterson, no. Council Round Table/Committee Reports Mrs. Boring: 1. Asked if Mr. Harding has a timeframe established for the Development Director's ~ replacement. , Mr. Hansley responded that discussion is planned for the Council goal setting session. Staff has therefore not initiated the recruitment process. 2. Noted that there have been problems with the construction projects along Riverside Drive, however she appreciates the quick response from staff regarding the rocks and dirt in the roadway. Mr. McCash indicated that he has one issue but will discuss it with the dispatchers who are present tonight. It relates to a personal incident, and he is very appreciatIve of the dispatcher's helpfulness. Mr. Peterson: 1. Asked that staff investigate the complaint about a bus being parked in the Norn Street residential area. I : I 'II 'lFTITl::rl:T :1 ! I: " :IF) ii" i ill 1'";~'Hr."JJ ''$"11'' 'ff~tt'r'~4lIW'tlll!'ti!'~H'mtl',;,1 ,!k}t~IrIli~I't-J\-c;b il!i,,;:mi'~' ; 'Ul"dH'T; :~i;if':: Wf" ,I RECORD OF PROCEEDINGS W_"~~~~~'W~~M"_~"~"m~,,_ Ml!!~~S of _M~W___M@m_~TJU1JrrnufY'Councrr1Vfeetif:ig-~_WQ~MQ~_m_W_w"~Pag'{r'!'2-~_W"~~Q_"Q@_~,~ti~~~M@mm_Q~QM DAYTON LEGAL BLANK CO., FORM NO. 10148 Helrl February 22,2000 19 2. Noted a letter in Council's packets regarding the City's award for excellence in financial reporting. He congratulated Ms. Grigsby and the Finance staff on this honor. r-"" Mr. Hansley responded that this is the tenth consecutive year in which the City has achieved this honor. A formal presentation of the plaque will be made at an upcoming meeting. 3. Noted that the City has done an excellent job with snow removal, as reflected in the letter he received from a Campden Lakes resident. 4. Noted that in regard to the memo from Ms. Grigsby, he would like to cancel his e- mail account, as he does not use it at this time. Mrs. Boring, Mr. McCash, and Mr. Adamek indicated that their City e-mail accounts could be cancelled as well. Ms. Chinnici-Zuercher: 1. Noted that she plans to maintain her City e-mail account, as she uses this as a communication tool and it is listed on her City business cards. 2. Congratulated Ms. Grigsby on achieving the government financial excellence certification. 3. Noted that tomorrow evening at 7:30 p.m., the Parks staffwill host a presentation on the Donegal Cliffs park expansion at the Dublin Mayor's Court. There is an organized group in Donegal Cliffs who is opposed to the expansion. She and Mrs. Boring plan to attend this meeting. Mr. Adamek: -- 1. Supports the previous comments regarding the Finance department's achievements. i 2. Asked who is presently the staff liaison with the Parks and Advisory Commission. Mr. Hahn responded that Mr. McDaniel serves as the staff person for that commission. Mr. Adamek asked whether more feedback from Council is needed in response to the Commission's various activities. Mr. McDaniel stated that any feedback from Council would be most welcome. The members are highly motivated and have worked hard. He has indicated to the commissions that unless Council communicates otherwise, the commissions should proceed with their established goals as outlined in their minutes. Mr. Adamek asked specifically ifPRAC has concerns about the current operating budget of the City in relation to their list of goals. Mr. McDaniel responded that they do not. The ordinance which established the Commissions encouraged them to both provide feedback and to take a proactive approach in developing new ideas. 3. Mr. Adamek reminded everyone ofthe State ofthe City address on February 24th, and Council Goal Setting on Friday March 3rd and Saturday March 4th at the Muirfield Village Golf Club. After discussion, the time established for goal setting was 6 to 9 p.m. on Friday night and 8 a.m. to 2 p.m. on Saturday. - ~(7_~ Clerk of Council ItH.li ,,,-Ii I ' I: