Loading...
HomeMy WebLinkAbout03/06/2000 : i I Iii RECORD OF PROCEEDINGS """",",",_",_""~,w""""""~w",,",w'",~'_m,wMinut~'s,,oi,,,,,"'",'m'm,~"",w,m""""_,_",,w",,w,w"'w"_"W~""mm"'",""""m"w"",w"""wmww"'w",""w,,~"W~~'m,,,,wmWm'",m'",w'm,""",w""w",w~,,,w,",w,",,wm'",,,w'W'W'""',"m"~'~'"w",wmw"wmwww,M.e,eling"w,mwmw,mwm"" Dublin City Council Meeting Page 1 DAY10N LEGAL BLANK INC. FORM NO. 10148 Held Mnrch h) '7000 , (YEAR) Mayor Kranstuber called the Dublin City Council meeting of March 6, 2000 to order at 7:00 p.m. Mr. McCash led the Pledge of Allegiance. ~<r-- Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring, Mr. McCash, Mr. Peterson, and Mr. Reiner. Ms. Chinnici-Zuercher arrived at 7:10 due to the fact that she was returning from out of town. Staff members present included: Mr. Hansley, Mr. Helwig, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Mr. Harding, Mr. Talentino, Ms. Crandall, Mr. Stevens, Chief Geis, Ms. Puskarcik, and Ms. Heal. Approval of Minutes of February 22. 2000 Mayor Kranstuber moved approval of the minutes of the February 22,2000 Council meeting. Mr. Adamek seconded the motion. Vote on the motion - Mr. Adamek, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, abstain. Correspondence The Clerk reported that no correspondence requiring Council action had been received. Citizen Comments There were no comments from citizens. ,......-. Staff Comments Mr. Hansley announced that tonight is the last Dublin City Council meeting for Mr. Helwig, who is leaving Dublin for a City Manager position in Novi, Michigan. Mr. Helwig thanked the City Council for allowing him to serve Dublin. His service here has been beneficial and very enjoyable. He announced that John Talentino has been promoted to Assistant Planning Director. Mr. Talentino is present tonight in the absence of Ms. Clarke. Mayor Kranstuber confirmed that a farewell reception in honor ofMr. Helwig would be held on Tuesday, March 21. He expressed Council's appreciation for his service to the community. Ms. Grigsby noted that Director of Accounting and Auditing, Vikki Amicon submitted her resignation and will be leaving early in April. Ms. Puskarcik noted that Craig Barnum, owner of Brazenhead and Tim Picciano, from Dublin Village Tavern, have submitted event applications for St. Patrick's Day. They are requesting City tents be set up outside of their establishments to handle overflow crowds. Her department will work with them to ensure that they comply with the rules and ,~ regulations for safety and parking. The Brazenhead will open at 11 :00 a.m. on Friday and the Village Tavern will open at 9:00 a.m. Mayor Kranstuber announced that Boy Scout Troop 299 is present tonight as part of their work for civic merit badges. He welcomed Troop Leader Randy Roth and the scouts to the Council meeting. Mayor Kranstuber moved to adjourn to executive session for personnel matters at 7: 1 0 p.m. Mrs. Boring seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes. Ms. Chinnici-Zuercher arrived and joined the executive session. i I I !I RECORD OF PROCEEDINGS .,~om~om.,.,omom.,."."om.,.,.,~.,~.,.,omom.,.,.,.,.,om.,omomm.,..Minute.s.J:>f.,.,~.,.,.,.,.,.,om.,.,.,.,om.,~.,.".,.,om.,.,om~...,.,~.,omom~"""~"om.,.,.,.,.,.,.,.,.,om.,omom.,.,.,om.,om.,~om"omm.,om"~omom.,~.,~.,~omom""~"~""~"""~"""""~"""~""""'""""""""'~"",.,.,.,~.,.,...,.,.,.,~.,.,.,om~'"'''''''',".".,.".,~.,~.,~.,.".".,,".,om~om'm'''''''''~Me.,eling."om.,.,.,~.,~.,,~.,.,.,", Dublin City Council Meeting Page 2 UAY10N LEGAL BLANK INC. FORM NO. 10148 Held March 6, 2000 , (YEAR) Mayor Kranstuber reconvened the meeting at 7:20 p.m. - LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 27-00 - An Ordinance Accepting tile Annexation of 520+/- Acres from Washington Township to the City of Dublin. (Christopher T. Cline, agent for petitioners Jay W. Liggett, et al.) Mr. Reiner indicated that he would abstain on this matter and left the room. Mayor Kranstuber stated that two individuals have signed in to testify. David Patch. 6940 Rings Road. Amlin stated that he has concerns about the lack of public notification of the golfproject in the Hilliard School district portion of Dublin. They do not receive the Dublin local newspapers. It appears that the project will affect his property, located on the south side of Rings Road. He and his neighbors also have some concerns with the golf course chemicals and how they may affect the wells in the area. Mayor Kranstuber confirmed that notices of Dublin City Council meetings are published in the Columbus Dispatch, as well as local newspapers, and on the City's web site. He explained that Council has three separate issues to address in regard to the golf course: the annexation ordinance; the memorandum of understanding; and the rezoning which will be introduced at an upcoming meeting and referred to Planning & Zoning Commission. He assured Mr. Patch that he has not missed an opportunity for public comment, as this is the first time the legislation related to the golf course project has come before Council. - Mr. Smith stated that the golf course rezoning ordinance would be heard by the Planning and Zoning Commission on April 20th. There will be notice in the Hilliard papers of that meeting, as well as notification to all abutting property owners by mail. Wallace Maurer. 7451 Dublin Road asked several questions related to laws and procedures for annexations. Mayor Kranstuber responded that if this annexation were accepted, it would be effective 30 days after acceptance. Whether or not the golf course proposal goes forward, this land will be in the City of Dublin in 30 days, assuming the annexation is accepted. Mr. Cline clarified that ofthe land presented for annexation, 23 of the 27 property owners signed the petition for annexation. All that is required under state law is 50 percent, and that was the basis upon which the County Commissioners acted. Vote on the Ordinance - Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes. INTRODUCTION & PUBLIC HEARING - RESOLUTION R.esolution 18-00 - A:Resoluii~n A1J.th()aiin~ftll'eCHYMaIlager to Enter into a Memorandum of Understanding with The Edwards Companies for Development of - the Dublin Golf Course Community. ! Mr. Adamek introduced the resolution. Mr. Reiner indicated that he would abstain and left Council Chambers. Mr. Smith stated that the Memorandum of Understanding presented to Council tonight arose out of staff negotiations with the attorneys for The Edwards Companies. There are two important components of this memorandum: first, a land acquisition portion which provides that Dublin will own property that may be developed into a public golf course; and secondly, a clause that gives Dublin an option not to proceed with the golf course. Due diligence is still underway in regard to the various options available for operation and management of the golf course. Greg Stype, the City's bond counsel is also present tonight to respond to questions. Mayor Kranstuber invited Council Members to comment. I i I i~~!liiW'J1.Mt.1Il':W!:ltjWH:1fi>,'m"~U~jj'I'.'i;: I';' 'l.''!iJ!l:n,;V;::::t ~1',<1I'~:ln"I~I':""1U"J'!:,'~t.0:lt';I' RECORD OF PROCEEDINGS _,,,"w",",w,ww_",,,"w",",w",,",",",w",,,~",",",ww",wMinu1e..s",",.oi",",",",",",",_",w","",",w,",",",",,,"w",ww",w"',w",_",",",",",,",",",",",,w_w_w"'wW"'W"'"'"'"'"'"'WW"'"'"'W"'W"'"'"""'W""_'"'W""W"'"'"'_"'"'W"'"'_'_"'F"'"'"'""ww",",",",w",",",",",ww",w",",",w",,",",,_",",",",",",",",~",",",",",",",,",'",",,",_",_wW,,"W",'",W,,"W"'_"""'"'"'W",",",",_",",",",",Meelin~"ww",_ww",ww",",",", Dublin City Council Meetmg Page 3 DAYTON LEGAL BLANK INC. FORM NO 10148 Held March 6, 2000 , (YEAR) Mrs. Boring stated she has several concerns regarding the level of commitment for the City per the language in the Memorandum. On page 2, number 1 states, "in order to further the City's interest in controlling design and layout of proposed development of the ~ Property, the City will be a co-applicant with Edwards and will support rezoning in accordance with this memorandum." Does this indicate that the application will not be taken through the normal Planning & Zoning review process? Mr. Smith stated that, per City Charter, all applications must be referred to the Planning and Zoning Commission for recommendation to Council. The Memorandum indicates that staff believes this is a good concept plan. The City is listed as a co-applicant because the City will own the golf course. The Edwards Companies will own the residential portion of this application. The two entities will work together to complete this development. Mrs. Boring noted another concern with language on page three, point b, to wit, "the approved zoning shall incorporate the Exhibit A site plan attached hereto and made part of such approved zoning." Again, what exactly is being agreed upon with this language? The site plan may change substantially during the review process. Mr. Smith noted that the intent is to indicate that staff supports the concept of this project as contained in the Exhibit A. Mr. McCash suggested inserting the word "conceptual" in front of site plan. Mr. Hansley clarified that this is a formal way of approving a concept plan. The final rezoning vote by Council will be taken after the Planning and Zoning Commission's - reVIew process. Mrs. Boring stated that she is not satisfied with the current language of "approved zoning." Mrs. Boring asked Ms. Grigsby to reaffirm that the monies invested in this project will in no way impact the provision ofthe basic needs of water and sewer service to her constituents. Ms. Grigsby responded that the funding sources for the water and sewer projects are entirely different than the funding source for this project. The water and sewer services will be funded from the water and sewer funds. This project, and the different components, would be funded through income tax revenues, special assessments, perhaps from TIP's, and from existing income tax dollar reserves. In response to Mrs. Boring, Ms. Grigsby stated that the cost estimate for the extension of the water line for this project is approximately $84,000 and the funding would be from the water fund. The oversizing on the sewer would come from the sewer fund, and the oversizing cost is estimated at approximately $171,000. The significant revenues from the 900 plus taps issued for this project have not been included in the previous proj ections. ~ t ' Mrs. Boring asked ifthe proposed density for this project is within the guidelines specified by the Community Plan. Mr. Talentino responded that the Community Plan sets the density for this area as one to two dwelling units per acre, so this would be lower than the recommended density. Mr. Smith summarized that Mrs. Boring's request is to insert the word "conceptual" before the zoning plan language in the Memorandum of Understanding wherever it is mentioned; and to include a paragraph drafted by Legal staff indicating that the Charter process regarding the zoning will be adhered to. Mrs. Boring so moved. Mr. McCash seconded the motion. Mr. .Hale stated that he and Mr. Cline agree with these modifications. i I I I, ILi'.. l,!iil!i>11111 1.1 .,;.: i.1 ii>.U, I. i I RECORD OF PROCEEDINGS ",m",",~"",","""",",m",""_"""",",",,,",""'''",'''m,,MinuleB",,,oL,,,,,,,,",",",,,,,,""""""""",,,",,,",",,,,,,,,,,,",",,,""m'''",'",",~'''''''~''m",,,_",,",''''m",''''ff",,,,,_,m,m",_,,",,,_,,'m"'ff',m,'"'"''''''''''''''''''''"'''_'''''''''''''''''''''"""""""","""",",,,,,,,,,,",,,,,,,m",,",,,,,,,_,,,",,,,",,,,,,",,,,,,,,",,,m,,,"",,,m,,",m,,",_,,,,,,,,,",",,Meetiug,,,_,,,,,,,,,m,,,,,,,,,,",,, Dublin City Council Meeting Page 4 DAYTON LEGAL BLANK INC. FORM NO 10148 Held M::Jr~h n, ?OOO , (YEAR) Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. Boring, yes. ~ . Ms. Chinnici-Zuercher asked in regard to Page 3, Section 2(e) and the reference to the WOW program, how would this project be viewed in that context? Mr. Smith stated that currently, the "Road to Wow" ordinance is not adopted. This language addresses the concern about the impact on this project ifthe WOW program were to be adopted during the process. Mr. Helwig indicated that Planning staff is delighted with this project in terms of the amount of open space it provides, far exceeding that which would be required with any other type of development. In view of the mass of public open space the project provides, the developer requested that setbacks be specified so that any future action regarding the "WOW" program will not impact this development. Ms. Chinnici-Zuercher asked for an estimated date for completion of the traffic study. Mr. Kindra responded that Doyle Clear indicated it will take approximately three months. Mr. Smith affirmed that the study will be completed prior to the final Council vote on the rezonmg. Mr. McCash asked for clarification about the income stream versus the cost of the project. ~ Ms. Grigsby stated that the contributions towards the public improvements are $7.5 million by the City of Dublin and $7.4 million by The Edwards Companies. Mr. McCash noted that in terms of benefit to Dublin, his understanding is that the City will receive the golf course land back at $3,500 per acre. Ms. Grigsby stated that the total open space of238 acres less the 73 acres that would be required as part of the development, leaves a balance 165 acres. For that 165 acres, Dublin is paying $1.5 million. Mr. McCash commented that Dublin is also receiving $452,000 towards construction of the park, and 9.1 acres of land to be used for right-of-way for road projects. Based on these numbers, Dublin is spending $7.5 on public improvements and getting back in return approximately $10.8 million - part cash, part in land value. Mr. McCash asked if the current City budget anticipates costs for road improvements in this area that will now be done in conjunction with this development. Ms.Grigsby stated that the Community Plan identified an extension of Woerner-Temple and of Eiterman Road, but staff did not have any cost projections because of the ~ uncertainty about the type of future development which would occur in this area. Mr. Smith noted that preliminary reports indicate downsizing of the roads because of this development, saving the City substantial dollars. Discussion continued about the revenue stream and the costs for this and other proj ects currently on the drawing board, such as water and sewer extensions. Mr. Hansley confirmed that Council's motion to proceed with engineering studies and construction of the water and sewer lines for the four areas under study was made assuming that the costs come in within normal range Mayor Kranstuber invited public testimony at this time. I I: Ii "Ii n 'I iff"~ ili ,>fllll! Ii,., i, , " ;j"1i ' RECORD OF PROCEEDINGS .._.._......_...._........_.................._,..............,.....Minut.es......of......_.._...._............_......_...._..,...._.._.._........_.._.._.._,__......_...._............,.........._.._...._...._,_............................_.._.........._...._~..............'............_...._.._...................._...._.............._........,_.._..,..__.........._......................_................_.._...._..Me..eling................,_...._.._.. Dublin City Council Meeting Page 5 DAYTON LEGAL BLANK INC. FORM NO, 10148 Held M arc}, OJ 2000 , (YEAR) Wallace Maurer. 7451 Dublin Road asked if this Memorandum of Understanding would be published in the papers. Mr. Hansley stated that the document is a public document and a copy can be obtained ...-. tonight. Mr. Maurer asked if the golf course project has a name. Mr. Hansley added that the Memorandum alludes to the fact that those involved will jointly name the golf course. The Golf Course will be developed in conjunction with the residential subdivision and will be jointly named by the City in consultation with the developer. Joe Butchey. resident of Woerner-Temple Road stated that he and his neighbors are concerned about the possibility of their homes being taken by eminent domain ifthis golf course project is approved. He grew up in this horne, and it appears that their house lies within the designated parkland for this project. Mr. Smith noted that it is premature to talk about this matter tonight. All of this is subj ect to negotiation. Mayor Kranstuber suggested that Mr. Butchey retain legal counsel regarding this matter. It cannot be solved in tonight's forum. He urged Mr. Butchey to corne back before Council at a future date when there is more information about the project available. This project will be reviewed by the Planning and Zoning Commissioners on April 20th here in Council Chambers. He suggested that Mr. Butchey attend that meeting. In response to Mr. Butchey, Mr. Smith noted that consideration has not been given to a ~ mandatory tap-in requirement for the sewer system. Mrs. Boring commented that the exhibit to the memorandum shows a 50-acre park at the entryway. Mr. Smith noted that in order to appropriate this property, Council must first pass an appropriation ordinance. Mr. Hansley added that tonight's action basically constitutes formal approval of a concept plan. Mrs. Boring stated that she has concerns with uprooting homeowners who have lived on this property their entire life for the purpose of a golf course development. After continued discussion, Mr. Hansley responded that the City of Dublin per this agreement would bring water and sewer service to the property edge, and the development would bring the lines internal to the proj ect. He added that in regard to mandatory tap-in, that would be a policy direction set by Council. That will be determined in the future. Mr. Maurer commented that there is an urban, rural conflict taking place throughout the United States. The agricultural land is disappearing, and their whole way oflife is being profoundly affected. He urged Council members to reflect morally and philosophically ~ about this issue. i Mayor Kranstuber noted Mr. Hansley served as a representative to the State of Ohio Farmland Preservation Task Force and is very familiar with those issues. Mr. Hansley added that the State of Ohio is pro-active in using land rights and other tools in the preservation efforts throughout the state. Dublin is nationally recognized already because of the planned Metro Park, the Muirfield golf course development, and such things as the tree preservation ordinance. Mr. McCash stated he recently read an article in the Daily Reporter, regarding farmland preservation, and the overall impact of how much farmland in Ohio was actually taken out of production versus the amount offarmland put back into production. In comparison to other states, Ohio actually had a net increase in farmland. i i 1 ilil RECORD OF PROCEEDINGS 'M"""_""_m"M""_"'_,,_""_"""'"'''m,~""""Minut.e"~LQf""_'m"''""_""""""m""M'"""MmM'"_M"_,.""",,m""M"M""""M_"m""","M'~~""""m""~""_""_C""'"M""_"","_","",~"",","""""_"_""....'_"""M~",M~"."m_m_~"',","__"'"'''''''_"'...."''_"''"__~'''M'M","_,,_",."m",",_",",_"M"_M,,,",M~eling,,__,",",,",_",",",,, Dublin City Council Meeting Page 6 DAYTON LEGAL BLANK INC. FORM NO. 10148 Held M::!rrh () '7000 , , (YEAR) There were no further comments or questions. ~ Mrs. Boring stated that her main concern is with this resolution is that a developer is determining the priorities of the City's CIP schedule, and staff has agreed to this in negotiations. The City invests millions in parks and the Rec Center to benefit people who have lived in Dublin for only a few years, yet the City wants to remove people from their homes who have lived in them for 57 years. That is not right, and she cannot support this resolution. Mr. Peterson commented that the reality of the situation for the southwest is that it consists of development upon development. This project constitutes a very serious investment on the City's part towards open space in the southwest area. If Council takes no initiative, what will result is that Mr. Butchey's house will be bordered by a neighborhood on every side of his property. Nothing is being taken away from any capital improvement project. He will support this project which addresses the desire for more green space and reduces urban sprawl. Hearing no further comments, Mayor Kranstuber called the question. V ote on the Resolution - Mr. Adamek, yes; Mayor Kranstuber, yes; Mrs. Boring, no; Mr. McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes. SECOND READING/PUBLIC HEARING - ORDINANCES (cont.) Ordinance 133-99 - An Ordinance Providing for a Change in Zoning for 5.683 Acres - Located on the North Side of Tuttle Crossing Boulevard, Approximately 350 Feet West of Frantz Road, from: PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Tuttle Crossing PCD, Subarea C - Offices at Tuttle Crossing - 4800 Tuttle Crossing Boulevard/File No. 99-116Z) (Applicant: Francis E. Barnes and Crafton Properties, Inc. ,3360 Tremont Road, Columbus, Ohio 43221; The Daimler Group, Inc., c/o Paul G. Ghidotti, 1533 Lake Shore Drive, Columbus, Ohio 43204) Mr. Talentino showed slides ofthe site and surrounding area. Previously, a rezoning for a hotel use was proposed for this site. That proposal was turned down at the Planning Commission. Since that time, there has been an application for office use. Currently, office and daycare uses are permitted in this Subarea C ofthe Tuttle Crossing district. This rezoning application proposes to create a new Subarea Cl. It changes the density from the maximum allowed now which is 11,000 square feet per acre to a maximum of 13,200 square feet per acre. All other requirements in the text remain the same. He noted that in the proposed text, the second item should include the existing permitted uses. It was omitted from the text in error. He asked that Council incorporate this by condition tonight so that the approval carries the same permitted uses as those in Subarea C. The applicant is proposing significant interior landscaping along Tuttle, and some landscaping along Parkcenter Drive. The increase in density on this site allowed by this proposed text results in an additional 12,500 square feet of office space. The Planning Commission approved this by a vote of7-0 with four conditions: -- 1) That this approval rescind the previous development plan approval for the Northwest Surgery Center; 2) That the western parking lotscreening be coordinated with the adjacent property, subject to staff approval; 3) That the site landscaping be designed to continue the premium landscape treatment along Tuttle Crossing Boulevard; and 4) That the text be amended to include building material specifications to require coordination with adjacent development, subject to staff approval. In response to Ms. Chinnici-Zuercher, Mr. Talentino clarified that, according to the approved text, the permitted uses on this site are offices and daycare. The applicant is proposing continuing those same uses. He requested that Council amend the text to include as permitted uses office and day care, as they were omitted accidentally. I 'Iii i"~:!tfli"W'"!'iI'; ~"'if1!~'~1:I~jlift'l!ftltfllm, "n' Ii" H'I!tIt'!"i'c 1rc!'I~'M"'!fJ~H~ ,i"I~'~','JIU'A'L8Jlf<' ,III' ' .I RECORD OF PROCEEDINGS '~W'W"_W'~W""_'W"w,""_'mm""Minute,s."of,w",w"'mm~w,~"",mw"'"""mm",~w""_'MW_'~W"M"mw'c",w,W"W~"""MOW,~",,,_,w'_'"wm",,_,_,_,'wmm"_""'_"'"'WmW_,~m"""","m""~"m"m,,,,m~""'_'_"mw_w_,w,w"m"_",Meeting,_"""_ww,,,,, Dublin City Council Meeting Page 7 DAYTON LEGAL BLANK INC. FORM NO. 10148 Held M::Jrr.n h, ?OOO , (YEAR) Ms. Chinnici-Zuercher so moved. Mr. Peterson seconded the motion. Vote on the motion - Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. r- Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes. 5) That the permitted uses of office and day care are hereby continued on this site and incorporated into the text. Vote on the Ordinance - Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Ordinance 28-00 - An Ordinance Accepting the Lowest and Best Bid for Right of Way Maintenance for the City of Dublin, and Declaring an Emergency. Mayor Kranstuber moved to treat this as emergency legislation. Mr. Adamek seconded the motion. Vote on the motion - Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. Vote on the Ordinance - Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes. Ordinance 29-00 - An Ordinance W~iving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph C ("Waiver of Competitive Bidding") for Beverages for the Dublin Irish Festival. V ote on the Ordinance - Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes. Ordinance 30-00 - An Ordinance A.~thorizillg 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. Vote on the Ordinance - Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Adamek, yes. 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, and Declaring an Emergency. Mr. Smith stated that he was contacted by Mr. Adamek regarding the intent to have a cap of $500 for Mayor's Court night services. That cap would be consistent with what other communities have done. Mr. Adamek moved to amend the legislation to include a maximum cap per Mayor's Court session of $500. Mr. McCash seconded the motion. In response to Ms. Chinnici-Zuercher, Mr. Smith stated that two hours is the average Mayor's Court session length. Vote on the motion - Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. Vote on the Ordinance - Mr. Reiner, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. ~ 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. Vote on the Ordinance - Mr. Reiner, yes; Mr. McCash, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 41-00 - An Ordinance Amending Certain Sections of Ordinance 98-96 ("Compensation Plan") Regarding Wages/Salaries for Non-Union Personnel. Mr. Adamek introduced the ordinance. Mr. Harding stated there are four primary objectives of this legislation. 1) It will adopt pay grades for the new positions created in the 2000 budget. 2) It will allow staff to reassign some positions to different pay grades to aid in 11,+",'io.; '--f; ~;lJ(dl~!I;jiiil,iib'diHiilij~wi'lM'HtHmJi!' i' L'H'i:!ltWI~t,t.'<t'jH" i H'lt'I"'IIIl''i:1!th"ti'1i4i;''''~;'1' . t RECORD OF PROCEEDINGS ""WW"~""_""'_"'""""'W",~"w"w"Minut.e.s",of""",_w,w,W"'",..w..,~".."""""""""ww"""'"""w,....w,..",..",,,w,..,w..~,w"..",,,..ww....,_,,....,,_,..~W"~'W..w,'~,,,~,,w,..~..~,,w,_,..w..ww~"ww~......,'"....'w,..w,""'w,~w,',.._"w~"'_~"'w,'""Me"etingw~.."..,,,w,,w#o" Dublin City Council Meeting Page 8 UAY10N LEGAL BLANK INC. FOHM NO. 10148 Held Ml'lrcn OJ ?OOO , (YEAR) recruitment and retention efforts. 3) It will adopt those benefit increases that were recently negotiated in the Communications Technician and police Officer collective bargaining agreements so ,..-.. that there is more parity between union and non-union personnel. 4) It addresses some administrative loopholes in the present Plan. He noted an error in the first page ofthe ordinance - the existing top of pay range 6A should be $44,613. In response to Ms. Chinnici-Zuercher, Mr. Harding stated that the City Manager would have discretion in regard to carry over of unused vacation time. Ms. Chinnici-Zuercher asked about the legality of Section 15, Tuition Reimbursement, where it indicates that failure to fully satisfy the obligation may generate an adverse recommendation in response to future job reference checks. Mr. Harding stated that it is his understanding that it is permissible under the law to convey this if there is an unsatisfied debt owed to the City. He will check with Mr. Wiseman about this prior to the next reading. Ms. Chinnici-Zuercher indicated that she would like information about the cost implications of Section 16. Mayor Kranstuber requested that staff provide this information prior to the next reading. There will be a second reading and public hearing at the March 20 Council meeting. - Ordinance 42-00 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Village of Shawnee Hills Providing the Village with Access to the City's Sewer System. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that Council and the public is generally aware of Shawnee Hills' need for a sewer system. The primary purpose ofthis legislation is to adopt an agreement between Dublin, Columbus, and Shawnee Hills which satisfies all parties and is affordable for Shawnee Hills residents. In exchange for Dublin's assistance, Columbus will bear the cost ofthe odor control device to be installed in or near Dublin to solve the existing odor problem from the West Branch sewer. Staffis recommending adoption of this contract. Mr. McCash asked if the City of Columbus is party to this agreement. Mr. Hansley responded that they are not, but they are party to a secondary agreement wherein they have agreed to install the odor control devices and finalize all aspects of the West Branch sewer construction to Dublin's satisfa.ction. Mr. McCash stated he recalls the original discussions where Shawnee Hills was paying a certain amount to Dublin based upon a rough calculation of what future flows could be. If their future flows are above what is projected here, what happens? Is there any relationship to flow contained in this agreement? ,-- Mr. Hansley responded that the future flows were calculated on the information available. Dublin had proposed a higher dollar amount, but that was determined not to be affordable. Mr. McCash noted that water and sewer service availability will add value to the land in Shawnee Hills and will provide opportunity for development at a faster rate. Perhaps some language could be included in the agreement with Shawnee Hills dealing with some of the zoning and land use issues. How they develop will have tremendous impact on Dublin, including our school systems. Mr. Hansley agreed that these points are valid, but this was the best arrangement which staff could bring to Council. The Shawnee Hills Council believes that their residents will stay in their homes - they are not looking to sell to developers. Dublin staff believes that ;; ii, '..\ ! ii ,1'1 .~,; ;*~:t;:i:t:ii;~+~~II,',N~H[j..!:M'M.H:~IIU;+! i' 'W:11'1j'J:t'1!":Y!,It+;jJ}jH!"'I~fY1~-I;;'r:~"1!f.':':1r:'!' RECORD OF PROCEEDINGS ..............w,....~ww....w.._................_......w..........Minute.s....Qfw..........,_..w........w....ww..............w..................,..................w......~............~~........w..w..................w..............~....................,........w..:..,..................w......w..w..w....w....w.._................'w...................._................'ww..w....'...._....w................w........Me.eting......w....w.._......w.......... Dublin City Council Meeting Page 9 DAYTON LEGAL BLANK INC. FOAM NO. 10148 Held M::m'.l1 fl, ?OOO , (YEAR) the side agreement with Columbus regarding the odor problem and completion of the West Branch project are valid incentives for execution of this agreement. Mr. Banchefsky and Ms. Grigsby have worked on this for many months, and believe this '~- is the best possible arrangement for all parties. In response to Mrs. Boring, Mr. Hansley stated that Shawnee Hills anticipates that this will be passed by emergency at the second reading in order to comply with their timeframe for the grants. There will be a second reading and public hearing at the March 20 Council meeting. Ordinance 43-00 - An Ordinance Authorizing the Continued Employment of the City Manager. Mr. Adamek introduced the ordinance. There will be a second reading and public hearing at the March 20 Council meeting. OTHER Final Plat - Westbury. Section 4. Phase 2 (Applicant: M/I Schottenstein Homes, Inc., 3 Easton Oval, Suite 540, Columbus, Ohio 43219; represented by Jason Coffee, R.D. Zande & Associates, 1237 Dublin Road, Columbus, Ohio 43215.) Mr. Talentino indicated that this final plat complies with the preliminary plat. Mr. Adamek asked where the connection for stormwater is located for this section. ~. Mr. Caplinger. M/I Homes stated that the stormwater is directed to the retention basin which is located to the west in Section 4, Phase 1. Mr. Adamek asked for confirmation that this stormwater pipe then has nothing to do with the connection that was routed through the wooded area that's part ofthe parkland. Mr. Caplinger responded that that connection was for Section 4, Phase 3. It does not connect to Phase 2. Mayor Kranstuber moved approval of the final plat for Westbury, Section 4, Phase 2. Mr. Peterson seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Chinnici- Zuercher, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mrs. Boring, yes. Council Round Table/Committee Reports Ms. Chinnici-Zuercher noted that she has provided information to Council about an upcoming Dublin Schools presentation given by a futurist regarding the strategic planning process. Mr. McCash noted that several e-mails have been sent to Council recently, and he would like a staff response. The first was about the future widening of Avery and Tuttle. Mr. Smith responded that he has spoken with this resident. ~ The second was about a bus being parked on Nom Street. Has the City's Code Enforcement officer followed up on this? Mr. Hansley noted that the bus was legally parked there. Council may want to consider an ordinance addressing off-street parking of large vehicles, trucks, or buses. The property owner has been told that he can legally park the bus in that location, provided that it is moved every 72 hours. Staff can draft an ordinance and bring it back for consideration, if Council so desires. In the meantime, he has asked Ms. Crandall to work with the resident to identify another place to park the vehicle. Mr. Smith stated he has drafted similar legislation for other communities, and it is perfectly legal to restrict that type of parking. Mr. McCash moved to have staff draft this ordinance. Mayor Kranstuber seconded the motion. , ,.." RECORD OF PROCEEDINGS """"'~"'."'W".P"p"p",w"__,,,~,.,p~nu1esw,Qf,",w.WP'.""W"",,__,,,w~,,_w,pw_,_,_,p".W"P"'.'___'.',_P,p_""'PP"P'W'PP'_'__"P'_'_'"''''_W'P'___''_P'W_~P'wP"_PPWN~W.W"~'_W._'~"'''W'W''~W'_'W'_N'''_P_''''''"_,,,,,,,,,w.,,,,,p_Me,elingw,,,,,w,w,,,PP"'. Dublin City Council Meeting Page 1 0 DAYTON LEGAL BLANK INC FOAM NO 10148 Held M :m~h fi, ?OOO , (YEAR) Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Mr. McCash continued, noting that at the last Council meeting, an ordinance was passed by emergency regarding the commissioning of an officer for code enforcement. Is that now in place so that Mr. Jones can issue citations? Mr. Hansley stated that Mr. Jones has not been sworn in at this time. Ms. Crandall stated she has spoken with Mr. Banchefsky, and an Administrative Order needs to be done to allow for that position to be commissioned. Mr. McCash requested that Mr. Jones visit the Byers Chevrolet site on the weekends. They recently had several vehicles parked out on the bikepath. Mr. Talentino stated that he would pass that information on to Mr. Jones. Mr. Adamek stated that: 1) Included in Council packets was a notation that the Dublin Community Plan won another award from the American Society of Landscape Architecture. Congratulations to the Planning and Development staff! 2) Council received a note from the Natural Resource Advisory Commission regarding land purchases. He suggested drafting a memo to them to the effect that Council has taken their recommendations under consideration and will act on them accordingly. Mayor Kranstuber agreed with Mr. Adamek's comments and asked the Clerk to take care of preparing this letter on Council's behalf. r""- 3) NRAC has also expressed concern with the granting of waivers to the tree preservation ordinance. This is the second or third time that this concern has been expressed by NRAC. He would like staff to draft a memo, indicating that Council takes many things into consideration when they approve such waivers. Mayor Kranstuber asked that a response be drafted with the assistance of the Planning division. Mr. Hansley agreed to do so. 4) He will not be participating in the St. Patrick's Day parade, and hopes that everyone has a safe and happy St. Patrick's holiday. 5) Due to out of town travel, he will miss Mr. Helwig's farewell reception. He passed along his sincere congratulations on Mr. Helwig's new job and expressed appreciation for a job well done. 6) He would not be present for the board and commission interviews this week. Mrs. Boring: 1) Received a City survey in the mail from Clary Communications and asked for more information from staff regarding this effort. Ms. Puskarcik stated that a survey was mailed to 2,500 households in Dublin, randomly selected. Community Relations Department is trying to develop a benchmark survey that ,.-. will be helpful for Council's goal setting, or in helping staff in terms of budget preparation. Following the survey process, focus groups will be scheduled. Mrs. Boring suggested that Council be given an opportunity for input regarding such a survey, and that they be given a courtesy copy of a survey before it goes out. Mr. Hansley responded that surveying is typically done in many of the neighboring communities. Dublin is trying to benchmark this year's survey to last year's survey. This is a tool to determine the effectiveness of City services. Mayor Kranstuber suggested that Council be copied with this information in the future. Mr. Adamek commented that much of the goal setting session involved discussion about proactive communication to the community. While Council was not aware ofthis survey I I I 'I I l.II'i; . Iii. ili ! ".i IH. ,llj i ,.j ii .i.! .i :I.il RECORD OF PROCEEDINGS ""'"'M"""M""MM'_"_'""M"""M""""""'M,Miuutes_of""",,_","""'""M'"_"_'_"""""M"M'"""""""""'M'"'_"'"'M"'M"'""M'M"'M"M'"""""'"_"""""'"""'""""'"""'""'",","",",",,'"'"M'"'M""""""""""M'M"'M'M'_"'M'""'""'M"_"'M""M_"_'M'MMe,eting,""""_,_,,, Dublin City Council Meeting Page 11 UAYTON LEGAL BLANK INC. FOAM NO. 10148 Held M::m~n 6, JOOO , (YEAR) effort, he commends the Community Relations division for undertaking this project. He, too, would appreciate knowing that such a mailing was to be sent out. 2) Noted that she will not be able to attend Mr. Helwig's reception, but extends her "........, best wishes for continued success. The City of Dublin will miss him! Ms. Chinnici-Zuercher asked about the status of the forthcoming staffreport on short- term solutions for the traffic problems in Old Dublin. Mr. Hansley responded that Mr. Kindra would make a presentation on that topic at the next Council meeting. Mayor Kranstuber: 1) Noted that Council has received many applications for the board and commission openings. Interviews have been tightly scheduled to accommodate all of the candidates. 2) Requested that Mr. Helwig compile a list of items of interest to Council that were assigned to him, i.e., the southwest traffic issues. Mr. Helwig responded that he has given Mr. Hansley such a list. He and Mr. Kindra will meet with the southwest citizen task force members next Monday. 3) Noted that the Muscular Dystrophy Association is requesting a fee waiver for use ofRec Center facilities. After brief discussion about the fact that fee levels have already been reduced for not-for- profit groups, Mayor Kranstuber called for a motion to grant the waiver. Hearing no motion, he requested that staff notify the Muscular Dystrophy Association that their request has been denied. ,-, 1 Mr. Hansley asked if there are any conditions under which Council would consider a fee waiver for use of the facilities at the Recreation Center. Ifnot, he will communicate this policy at the administrative level. He noted that in Phase 1, Council at times waived the fees for classroom use for certain reas<;ms. With Phase Two, his understanding is that the policy direction was given via establishment of reduced fees for not-for-profit groups. -, Mrs. Boring indicated that the only time she would consider waiving the fee completely is for the after-prom party for the high schools to encourage participation. Mayor Kranstuber stated that a group always has the option of making a request directly to Council. 3) Commented that the opening event for Phase Two of the Recreation Center was very nice and appropriately scheduled in conjunction with the State of the City address. Mr. Hansley recognized the extra efforts of staff members Dana McDaniel, Danny Johnson and Preston Hale in securing temporary occupancy of the building for the State of the City event. Technically, Phase 2 is still not open to the public. Mayor Kranstuber moved to adjourn to executive session for land acquisition and legal matters. - Mr. Peterson seconded the motion. , Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. He anno d that the meeting would not be reconvened following the executive session. The eting djourned at 9:50 p.m. ~ ~ ~~ Clerk of Council