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HomeMy WebLinkAbout04/17/2000 ; Ii ".:J:.. .,f T:i",' i'_;I;i,_:t;~"J:!l'I:?'.':tl}l1rl~"t i.rn!1Qllff"Il'lF'l"rll'I', !tI'ltlikj 'IR:!"\l1t""'fl1lfi'C. II'! II RECORD OF PROCEEDINGS .^"^"'"^'''"''''''_.^'.m'''''''''''''''''''^''''.''m""",,,,,",,,,,,,,,Minut.es,,,,Qf.""""""""""",.,,""""""",,.,,.,,"''''''''''''''''''''''''''''''''''''~''''''^''m"""^^m"'"''''''''^''''''"m,,,,".'''m',,''''''''''''''''''''''''''''''''''''''^'''''''''''''''"''''''''''''''~'''''''''''''.m'''m''''''"""",,,,,,,,,,,,,,,,,",,,,,,,,,,,,~~,,,,,,,,,,,,,,~"''''''''''''''''''m''^m""""",,,~,,,,,,,~,Me.eting,,,,,,.,,^,,,,,,,^,,,,,,,,,,,^ Dublin City Council Meeting Page I DAYTON LEGAL BLANK INC. FORM NO. 10148 Held April 17, 2000 , (YEAR) Mayor Kranstuber called the Dublin City Council meeting of April 17, 2000 to order at 7:00 p.m. Ms. Chinnici-Zuercher led the Pledge of Allegiance. - E' Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Ms. Chinnici- Zuercher, Mr. McCash, Mr. Peterson, and Mr. Reiner. Mrs. Boring arrived at 7:20 p.m. Staff members present were: Mr. Hansley, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Stevens, Lieutenant Epperson, Ms. Newcomb, Mr. Kindra, Ms. Heal, Mr. Husenitza, Ms. Puskarcik, and Ms. Crandall. Approval of Minutes of April 3. 2000 Approval of the minutes was held over until the next meeting. Special Reco~nition Council recognized the Earth Week elementary school poster winners, noting that the winning posters are on display in the lobby of City Hall. The winners were: Kyle Brown, 5th grade, Indian Run Elementary; Tyler Kiste, 4th grade, Scottish Comers; Susan Smallwood, 3rd grade, Wyandot Elementary; Crystal Evans, 2nd grade, Chapman Elementary; and Junwi Moon, 1st grade, Riverside Elementary. Mayor Kranstuber also read a Proclamation declaring April 15- 22 as "Earth Week." Citizen Comments Drew Skillman. 4422 Hanna Hills Drive thanked the Service Department for the quick - response to the problem with the drainage pipe under his driveway. He is here tonight regarding the septic system which was also damaged by the subcontractor hired by the City to correct the ravine drainage problem. This has rendered his leaching system useless. His well water has been tested and determined to be very unsafe for drinking or bathing. Three independent contractors have told him that his leaching system cannot be repaired, and the only option available is installation of an expensive aeration system. At last three of the residents in succession along the street have had E-coli in their wells verified by independent health services. This problem exists due to failing septic and leaching systems. While he appreciates what Council has done toward provision of water and sewer services for the area, there is an emergency situation which must be addressed now. He will be back before Council again with more expert reports. Joyce Witte. 274 Beckley Lane stated that a group of residents met recently with Herb Jones of Old Dublin. They are requesting Council's consideration of installation ofa pedestrian tunnel under S.R. 161 to connect to areas on the north side ofS.R. 161. In view of the Historic Dublin Task Force discussion of future improvements for the area and possible boulevarding of 161, they believe that now would be a good time to consider this. The location they are suggesting for such a pedestrian tunnel is west of Monterey Drive, between the two gas stations. They understand that it would be very costly, but are asking Council merely to consider it as a possibility. It would provide access for the residents of their area to the Rec Center and would make it easier and safer to cross S.R. ,......., 161. In response to Mayor Kranstuber, Ms. Witte stated the neighbors did raise this issue at the Task Force town meeting. However, Mr. Jones responded that this would not actually be located within the area designated as Old Dublin. Mr. Peterson responded that he spoke with Ms. Witte about this last week. The Task Force did discuss a bridge over High Street, but it wasn't considered to be a realistic option. A tunnel under 161 would likely not be realistic either, but the feasibility from an engineering standpoint and the costs would be important considerations. He agrees that there are residents who have difficulty with pedestrian access to locations such as the Rec Center. However, this tunnel location would be west of the area under review by the Task Force. He would support investigating the engineering feasibility and the potential costs. : ' ',,' '" " 1ii0"HI, ", , , '. " I l :.j: nb\li::.Jd<lFiiii'Bijii~iliitflt;fj'~fH1m.:,:j !"ltir!tlH~;t;;_,;I<1IH'Hll:li,"i:'Uh'dn,t:+:filti:di+ - -. ,- - -I RECORD OF PROCEEDINGS """_"_""""""""""""""_""."""""""""""""Minute.s""Qf"",,.,,,,,,_"_"""""""''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''""""""".""""""""".""""""""""""""""",,,,,,"""""""""""",""","""""""""_'"'''''''''"''''''''''''''"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''"""""""""""""""".".Me.eling""""""""",,,,,,,,,,,,,,,,,,,,, Dublin City Council Meeting Page 2 DAYTON LEGAL BLANK INC FORMNO 10148 Held April 17, ")000 , (YEAR) Mrs. Boring reminded Council that other residents have come to Council requesting tunnels under roadways for pedestrian access as well. Perhaps this matter should be .-- referred to a Committee of Council for a policy decision on the safety factors that would demonstrate the need for such a tunnel. She is not certain that an engineering study would be necessary at this point. Ms. Witte noted that others have brought requests for tunnels in areas not nearly as populated as Waterford - she merely asks that Council keep in mind the needs of the older areas ofthe City. Mayor Kranstuber stated that funds are currently budgeted each year for completion of gaps in the bikepaths. Building tunnels is extremely costly, and a tunnel under a six-llane state road would likely be even more costly. He agrees with Mrs. Boring that the issue should be looked at in a comprehensive mariner. Mr. Reiner suggested that one way to do this would be taking a set of stairs down both sides of the 161 bridge and then providing a crossing or river walkway underneath the bridge. Mr. Adamek commented that adding a light and a crosswalk signal may be another alternative that would be less costly than a tunnel. Mayor Kranstuber stated that when Emerald Parkway is completed over 161, the traffic counts on Bridge Street may decrease. This would make pedestrian crossing safer. - Mr. Hansley stated that the Emerald Parkway bridge over 161 will include bikepaths and will provide a safe route to the Rec Center from the Waterford area. Phil Miele, 263 Beckley Lane stated that the pedestrian tunnel being requested is to address safety concerns for those crossing S.R. 161. There have been no personal safety issues which have occurred in the other tunnels in the City as verified from Police records. He has a family of three, and has tried to cross the intersection ofS.R. 161/Frantz Road on bicycles and on foot at different times of the day. He would like to invite Council members to walk with him to understand his concerns about traffic speeds and motorists who ignore pedestrian crossing signals. Mrs. Boring stated that she believes it is unreasonable to attempt to cross a state route with children. She would suggest an automobile as a safer means of transportation to the library versus pedestrian travel. She is surprised that someone would try to cross a busy state route with a child on foot or on a bicycle. Mr. Miele stated that S .R.161 is part of his neighborhood, and if his child attends Sells Middle School, he/she must cross S.R. 161. Mayor Kranstuber commented that there is always a balance issue involved on these kind - of issues. Everyone has different interests, and Council must consider all aspects of the Issue. Wallace Maurer. 7451 Dublin Road noted that he has concerns with the recently approved Memorandum of Understanding for the Edwards Companies golf course development. In the first paragraph ofthe contract, the language "higher quality residential development" is ambiguous. There is no reference point - higher than what? This could render the contract meaningless. Mr. Smith responded that this is not the final agreement between the parties, but rather a declaration of the parties' intent. There are provisions in the memorandum to protect each party's interests. The Planning Commission process ensures that this will be a high quality development. ! i I i i .i q;.iiHihllll H:tKI: Ii , ,. RECORD OF PROCEEDINGS 'M""M""""''''_'''~'"'M'""''M'M'M",",",Minute,s",oi,"''''''"~'M''M'M"'M''''~''''"''''''''''''''''''''''~''''''''''''''''M'''"'~'''M'''~'''''~''""."""",,,~~,,,,,,,,,,,,~,,~.,,,,.,~~"~,,,,,,,,,,,~,,,,"~"""~-"~~""",~,,,_,,~,,~~,,,,,,,,,,~,,.~u~u",Me~1ing,"",",,,,,,"""" Dublin City Council Meeting Page 3 DAYTON LEGAL BLANK INC. FORM NO. 10148 Held April 17,2000 , (YEAR) Staff Comments Mr. McDaniel announced that Service Department intern Sarah Gebhart will be leaving the City shortly to attend the University of Kansas School of Public Administration on a .~ full scholarship. He thanked her for the contributions she has made during this internship. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 45-00 - An Ordinance Accepting the Lowest and Best Bid for Floor and Upholstery Maintenance Services 2000 Project, and Declaring an Emergency. Mr. McCash asked why there was a single bidder for this project. Mr. Hahn responded that the bid was advertised in The Columbus Dispatch. There were two bidders, but one was disqualified, as they were unable to provide a bond. Mayor Kranstuber moved for passage by emergency. Mr. Adamek seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. Adamek, yes; Mr, McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Vote on the Ordinance - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes. Ordinance 55-00 - An Ordinance Authorizing the City Manager to Execute an Amended Memorandum of Understanding with the Columbus and Franklin County Metropolitan Park District Regarding Their Intent to Establish a Metropolitan Park to Serve Northwest Franklin County. Mr. Hansley stated Council is aware that this ordinance provides for an extension of the ~ current funding commitment of 13 years to 20 years, based upon the larger size of the park over the original estimate of 800 acres. Staff is recommending adoption. Vote on the Ordinance - Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Ordinance 56-00 - 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, and Declaring an Emergency. Mr. Hansley stated that Council had asked at the last meeting that staff provide an updated memo from the Utility Department of the City of Columbus outlining their commitment. That letter was provided in the packet. Ms. Chinnici-Zuercher pointed out a typo in the second paragraph ofthis letter - it should state that they will go to bid July 2000 with completion in May 2001. Staff is requesting adoption by emergency at this time. Mr. Peterson stated that he continues to receive many calls about the odor problem, and asked that staff communicate that the issue will be addressed with passage of the ordinance. Mr. McCash stated that the letter provided by Columbus City staff is not binding unless it is approved by Columbus City Council. ~ Mr. Hansley stated that this is a commitment from the senior member of the Utilities Department, and there must be basis for this commitment on his part. This issue has been discussed very publicly and the commitment has been made by Columbus staff. He is satisfied with this letter. Mrs. Boring asked in what location this letter of commitment from Columbus will be retained by the City of Dublin. Mr. Hansley responded that it will be kept in the funding file related to the West Branch sewer proj ect. Mayor Kranstuber moved for passage by emergency. Mr. Adamek seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. Peterson, yes; ....L~ I ! Ii' ..... I ..",)j,IIIJI' I 11'1'1:.111. I ! ! I i I I: ;.,1: ,::t;l,';<I,<j,.' ,elJ:_;l ',Ill.. I !"WmIHi t'1t!<mrr.riUf:,:-Ul:: RECORD OF PROCEEDINGS _""'~"'~'_'_'~_'__~_"m_ MJPl!!mes ~i_~,,~~-~"____mmL)lmtiIretfyeou11c"itlyteeling~mm'~'~m#m_mm_'_'m_-:rage4m"'m_m'mmm'm~~~~~tiIlg:#m'm#'m~#m#mm I DAYTON LEGAL BLANK CO. FORM NO. 10148 Held April 17,2000 19 Mayor Kranstuber, yes; Mr. Reiner, no; Mr. McCash, no; Mrs. Boring, yes. Vote on the Ordinance - Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. McCash, no; Ms. Chinnici-Zuercher, yes; Mr. Reiner, no; Mr. Peterson, yes; Mr. Adamek, yes. - INTRODUCTION & FIRST READING - ORDINANCES Ordinance 60-00 - An Ordinance Amending Portions of the Dublin Codified Ordinances Regulating the Design of Single Family Residential Neighborhoods. Mrs. Boring introduced the ordinance and moved that it be referred to Planning and Zoning Commission. Ms. Chinnici-Zuercher seconded the motion. V ote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Ordinance 61-00 - An Ordinance Revising the Text of Dublin Code of Ordinances Section 153.207 Restricting Parking in Residential Districts. Mrs. Boring introduced the ordinance and moved referral to Planning and Zoning Commission. Mr. Smith stated that another ordinance will be forthcoming which deals with the traffic code portion of this issue. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Ordinance 62-00 - An Ordinance Establishing the Location and Amount of Cash on Hand for Change Funds. ~. Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated this provides for a change fund for the Division of Planning for the processing of garage sale permits. She requests emergency action. Mayor Kranstuber moved for passage by emergency. Mr. Adamek seconded the motion. 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. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici- Zuercher, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. McCash, yes. Ordinance 63-00 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 2000. Mr. Adamek introduced the ordinance. Ms. Grigsby stated this appropriation ordinance relates to the economic feasibility study for the golf course. The study will cost approximately $20,000 to complete. The original estimate given to Dublin was $10,000, but based on the work to be done, the revised figure is closer to $20,000. Staff is requesting that Council dispense with the public hearing. Mayor Kranstuber moved to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion - Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. - Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes. Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes. Ordinance 64-00 - An Ordinance Accepting the Lowest and Best Bid for the Avery Park and Donegal Cliffs Park Tennis Court Resurfacing Project. Mr. Adamek introduced the legislation. There will be a second reading and public hearing at the May 1 st Council meeting. Ordinance 65-00 - An Ordinance Accepting the Lowest and Best Bid for the Coffman Park Lawn Development Project, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Hansley confirmed that staff is requesting emergency passage. A detailed memo was provided from Mr. Hahn and Mr. Harding. As outlined in the memo, the bid was more I i I I i 'I I,.: .,,,,,,,,,,,",,,, 'i" '1i Iii i I . . """"".,, """"'" RECORD OF PROCEEDINGS "=~"~'M~W~'M__"h"="h~"=~="h" lV!t!1~!~~h~2L=M'=_~_h~~~Uu151inL'trY=Councir1vreetlng=~=~~_~m~h~~~-~-Yage~)_h_'h_~_~=~~ee~i~K~_'~h""""M" DAYTON LEGAL BLANK CO FORM NO 10148 Reln April 1 7. 2000 19 than ten percent over the estimate for the project. However, the City by Charter has the power to exempt itself from this state statute. Staff is recommending adoption by emergency in order to have the lighting in place prior to the Irish Festival this year. - Mr. Adamek asked for additional clarification about the area to be illuminated. Mr. Hahn responded that it will light the path along the north side of the Coffman Park pavilion. Currently, the field has a path that is close to the residential area, and later this summer, that path will be reconfigured to a horseshoe shape in front of the pavilion. This lighting is designed as down lighting, and will illuminate only the path itself. The lighting will be used in the evening and will be very subdued, aimed at the path, for safety reasons. It will also be used during special events. The major part of this electrical package provides for electrical infrastructure underground in the special event lawn area itself for use during special events. This will eliminate any need for generators. Mr. McCash noted concerns with the costs of the electrical infrastructure as well as the monthly electric bills. It may be preferable to have generators on an occasional basis than to incur all of these costs. Mr. Hahn stated these are all part ofthe park design. The main purpose of this project is to provide the electricity for special events -lighting is only a portion of this. There will be a great deal of electric underground buried in vaults for use during special events. Mr. Hansley stated that if the issue relates to lighting of the neighborhood area, the lights could be placed on a timer. His recommendation would be to install the lights and to implement a timing device if the neighbors complains. Many residents use this path and ~ there are safety reasons for the lighting. Mr. Hahn stated the park is currently programmed during the warm weather months until 11 :30 p.m. with tennis and basketbal1. Mr. Hahn confirmed that this contractor has done previous work with the City and it has been very satisfactory. Mayor Kranstuber moved for passage by emergency. Mr. Adamek seconded the motion. Vote on the motion - Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance - Mr. Reiner, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 23-00 - A Resolution Adopting the City's Goals for 200l. Mr. Adamek introduced the resolution. Mr. Hansley commented that there were a few editorial changes made from the report and asked that Council review the language carefully for concurrence. Vote on the Resolution - Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. .--. OTHER Discussion re Proposed Plan for Zoning Code Revision Mr. Smith stated that this plan was developed by staff and includes a tentative timeline for the project. There is a need for structured input from Council, and they are seeking Council's direction on how to do this. Perhaps a steering committee would be appropriate. After brief discussion, it was the consensus of Council that the Community Development Committee will provide oversight for the project. Council Round Table/Committee Reports Ms. Chinnici-Zuercher: 1) Commented on the request for a pedestrian tunnel under Route 161 brought before Council tonight, noting that as Dublin continues to build more parks, facilities and i ! I Ii ii.!' iiiil~J i ^ . ,- I! f':'U"'T'~~~;,'r'~JJ'T:"~~~,,,.,tl!:'li1~n'll!ftcq i .-t.".~H~m'I'r'tf>'(3!rr"'Il'II'Ii'" "II1~fl41W i1"'lH!lt:'7 ~,j . I RECORD OF PROCEEDINGS '~"'~~Q'Q,..,~."..~~~~~~~~.~~_Mi!1l!.~e~,~L,,~,_,~_,,_~_-~"D1IlJ1'~~':e!.tyeomrctt1V1~t'f11g'~'~~'-~~'~Q-''''~-Q''~~rrgeN'6~ .~_.~~ . Meeting u In I I ~~~Q ~ .~'~N~~'~~'~_~Q~_~~,~.~~~" DAYTON LEGAL BLANK CO FORM NO. 10148 HeIn April 17, 2000 19 bikepaths, it is important to communicate to citizens safe routes to access these areas. Perhaps the Parks and Recreation Advisory Committee could review this and develop a brochure with this information. ....-- 2) Noted that she distributed a brochure tonight regarding the upcoming Dublin Community Service Day, sponsored by Leadership Dublin. She encourages everyone to participate on Saturday, May 6. It will be a fun time and participants will also be making a major contribution to the community. Mr. McCash: 1) Asked about the status of the Westbury III inspection complaint. The homebuyer was told that the City was holding up their occupancy due to difficulty in scheduling timely building inspections. Mr. Hansley deferred to Ms. Crandall, who has contacted this person directly. Ms. Crandall stated she replied to them soon after receiving the e-mail, but doesn't remember the details. She will provide an update to Mr. McCash on this matter. Mr. Adamek: 1) Asked about staff's response to Mr. Skillman's well water problem. He would like someone on stafftof'ol1ow-up to see if they can assist. Mr. Hansley responded that staff would do so. There are two issues with his situation: if the water is absolutely unusable, staffwill handle it as a crisis situation. There are 12 other residents in this area, and staff has not heard this from the others. Staff will likely bring this issue back before Council for input after discussion with the neighbors. As background information, approximately six years ago, this water quality issue was discussed and the neighbors felt the price for water service was too high. Mr. r--- McDaniel and other Dublin staffwill begin to work on this problem immediately and propose a solution. In response to Mrs. Boring, Mr. Hansley stated that he has attempted to contact Mr. Skillman on numerous occasions at the mobile phone number provided but has been unable to reach him. Staffmembers did personally speak to Mr. Skillman's wife to convey the message that Dublin is willing to work with him on this issue. Mr. Hansley added that none of the other residents in this area have called the City regarding this water issue. He will contact these neighbors and follow-up with Council. 2) Participated in the dedication of the Wyndham Village Park last weekend. Special Events staff did a wonderful job and it was well attended. He thanked both Mr. Hahn and Mr. McDaniel's staff for their efforts with this project. It is a beautiful park which serves the entire area. 3) Also participated in the Washington Township Station 92 firehouse dedication. This is representative ofa true partnership with Washington Township, and in view of the adversarial relations between many townships and cities with the annexation issue at the state level, this relationship is particularly positive. Mrs. Boring: 1) Attended a meeting with residents of Indian Run Meadows along with Bobbie Clarke and Greg Jones. The residents shared some pictures at that meeting. At - the last Council meeting, she asked Mr. Smith if the City had the ability to impose some type oflien upon developers who don't live up to their commitments. Is this possible to do? Mr. Smith stated that he doesn't recall that conversation. Mrs. Boring apologized, noting the discussion took place with Assistant Law Director Banchefsky. This relates to the resident with the bike path gap in front of his home because of the developer's failure to complete it and the City allowing a performance bond to expire. In the future, she would hope that the City could place a lien on the developer for any future work done in the City. 2) Noted that she empathizes with the residents who live near Mary Kelley's, as the Planning Commission felt that the protections for the residents were in place at the time of the rezoning. Mr. Smith responded that he received a letter regarding an update on the outstanding issues with Mary Kelley's, but he did not bring a copy of it tonight. ; I I I 'tl,ii ! ;,'", ",i)II.H!!1:11 I : I '">II>:i;~J<',' 'VI'~E' 'W""t:"~i!1Il:MHtiihjm"1 n.'~m~11~]'T5'C::.ljtlt!'!,"ffil1,r.:' 'UI:i!'ttJ"ol,'il".!It<' Ii, I I RECORD OF PROCEEDINGS ~~""~""~,_u"u"u"~,,,,~~~,,_u,,u,,uM!!l~~~~L~u~,,~u,,-~u~QU"lJTffirflC:fro~"~~n;re~:uU"~"U"~~~~~-~"U"~"'-~p'rQUU~""i~"uu ,,~,,~u~_ Meeting u m I y ouncI ee mg age uu~ ~UU__u_"uuu,,,_u~u,,,,u,,~,,u, DAYTON LEGAL BLANK CO FORM NO 10148 HelcI April 17,2000 19 Mrs. Boring commented that a big concern of the residents is that Mary Kelley's will request a permit for a tent for the Tournament week. ,--, Mr. McCash commented that he believes Council provided direction on this issue at a ; previous meeting. Mr. Hansley stated that staff met to devise administrative guidelines to enforce Council's ordinance. One of the issues that arose is whether outstanding Code enforcement issues is justification to deny the permit. Staff hopes to have a policy in place prior to the July 4th events. Mrs. Boring stated she has a concern with staff allowing Mary Kelley's to have a tent in view of Mary Kelley's lack of compliance with outstanding items. Ms. Puskarcik stated that they have received an application from Mary Kelley's for a tent during the Tournament. Staff also is aware of the fact that other establishments in town who are likely to apply for a tent also have some outstanding Code issues. Mrs. Boring asked what are the guidelines used for allowing a tent for a special event. Mr. Hansley responded that there have never been any written, formal guidelines - these are handled on a case by case basis. Further, there was no direction given by Council at the last discussion regarding this matter. Mayor Kranstuber noted that his understanding is that the Brazenhead also has some -- outstanding Code compliance issues. Mr. McCash commented that the Mary Kelley's neighbors are upset and will be coming before Council if nothing is done and a tent is allowed on the premises. He personally plans to review the special event permit ordinance and make a proposal to change it. He believes that Council has provided clear direction. Mr. Hansley responded that no motion was made that night. Mr. McCash noted that staff had indicated that they understood what the issues were and that the issues would be addressed adIIlinistratively. Mr. Hansley stated that Mary Kelly's has not been cited into Mayor's Court and they are currently working with staff on the outstanding issues. The Brazenhead has been cited into Mayor's Court for Code issues. Mayor Kranstuber asked for confirmation that the City has no current policy in regard to the issuance of special event permits for establishments with outstanding Code violations. Mr. Hansley responded that the issue is actually whether it is fair to change the policy for all other special events without adequate notice. The policy hasn't changed at the staff --. level. Mayor Kranstuber asked if a legal opinion is needed to resolve this issue. He also asked Ms. Puskarcik to comment. Ms. Puskarcik stated that her division has been reviewing these applications for special event permits on a case by case basis. Staffis sensitive to the concerns of the residents, and often limits hours of operation, etc. as a condition of issuance of the permit. Staff also does notify the residents 30 days in advance of the event. Mrs. Boring noted that at the time of zoning review at the Planning Commission, Mary Kelley's indicated their intent was to provide a neighborhood gathering place. The Commission's approval did not include outdoor seating or allow loud noise outside of the restaurant. I : I" I i ! '1"1 I?!"" . ",,,,.,, .ILI,,' 1I..,lii.J,f, .J,!ilulil I , RECORD OF PROCEEDINGS "..__......Off..w..............................w............~w......Minu.tes_Qf....~..........~_...._..~..........~.............................~....~~..................w~~~........~..~..~..~........~....~..~............~~..~..~..~...~..Off......................~........~~~...._..~.._.._........~~~~~.....Meeting......................._.. Dublin City Council Meeting Page 8 DAYTON LEGAL BLANK INC. FORM NO. 10148 Held April 17, JOOO , (YEAR) Mr. Adamek summarized that in view of the fact that staff is already working on this issue, and due to the upcoming Memorial Tournament, Council may want to direct staff by motion not to grant Mary Kelly's a special event application due to outstanding issues ,"'-"-' relating to the zoning violations and the impact on the neighborhood. Mr. Smith stated this might be considered selective enforcement in terms of the legality of such an action. It is permissible to adopt a standard, but it has to be applied across the board to everyone. The issue with Mary Kelley's is that there has been no letter notification to them from the City about the Code issues which have been raised. Progress is now being made on the outstanding issues. In response to Mayor Kranstuber, Mr. Smith confirmed that there are other similar establishments in Dublin with outstanding Code violations. Ms. Chinnici-Zuercher commented that she served on Planning Commission at the time Mary Kelley's was reviewed. The landscaping issues were an important concern at that time, because of the lack of compliance at the existing shopping center. The neighbors voiced the same concern~. at that til'l:l~,whichis wellover two years ago. If Codes are in place, people must be held accountable; otherwise, there is a situation of selective enforcement. Some businesses in Dublin do feel that Code enforcement is not consistent throughout the City. Their lack of compliance should have a bearing on issuance of a special events permit. There is a related issue of staffing levels for Code enforcement, and this should be considered separately. Mr. McCash moved that staff not issue a special events permit to Mary Kelly's because of the unique problems that the special event permit would bring for the residents and - homes that are within 30 feet of the adjoining property, and because it is a violation ofthe zoning for the land itself. Mrs. Boring seconded the motion. Mr. Hansley reminded Council that the important consideration here is selective enforcement, as Mr. Smith has stated. Ms. Chinnici-Zuercher stated she drove by Mary Kelly's during the St. Patrick's Day . event. Her belief is that the neighbors would not be as concerned about the tent if the other Code violations were addressed. The issue is with the everyday appearance and operation ofthe business, not just with a special event. Mr. McCash stated that Mr. Kelley has been aware ofthese violations for approximately a year. He had a personal conversation with him regarding a landscaping issue in a resident's yard, yet that is still not resolved. Mayor Kranstuber called the question. Vote on the motion - Mr. Reiner, no; Ms. Chinnici-Zuercher, no; Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, no; Mr. Peterson, no; Mr. Adamek, no. Mr. Adamek asked that staff be cognizant ofthe concerns of the neighbors in their review of the special events application for this establishment. Mayor Kranstuber clarified that the failure of the motion leaves the discretion in this matter to staff, as it is currently. - Mr. Hansley stated that staffworks very hard to be fair to all who apply for permits, and staffs intent is to bring a new ordinance and administrative guidelines to Council prior to the next major special event. After further discussion, Mrs. Boring moved to direct staff to draft an ordinance amending the building code to address odor control for commercial establishments. Mr. McCash seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. Mayor Kranstuber: 1) Asked for an update on the parking capacity issue raised regarding the Recreation Center. I : I I i ill........ i'iiilJI I - ...1;,[ ;'!C_~f~,'li-j 1_,Pti-'l~ht'~li~~~;Ui:"'l'tUt_!'!ltf',j_I_I; lH~lJmH-.-l?':liill;t' c!.J\IIjlll-f']I1'~<Ilf_I'_I'jlrilil'.'il!--1 - I RECORD OF PROCEEDINGS -_~,_"'"_."_mmm_m_m_m"~_,_,-11inute~,_oL~'~"m~"_M'."'~m''m_'~~"_'m"."-'mDubT{n cJTy-counCIrMeeting~-~~~"m'mm.__"'~'mpage~9"-"~~-~'m"_m~mMeelingm_'_m'm"~' DAYTON LEGAL BlANK INC. FOHM NO. 10148 Held April 17, 2000 , (YEAR) Mr. Hansley responded that staff's previous direction was to delay plans for additional parking until there is a demonstrated need, and until after the construction fencing was removed around the existing parking areas. -- Mayor Kranstuber asked Ms. Heal if staff believes there is a need for additional parking for the Recreation Center. Ms. Heal responded that the parking lot is full every evening, with people parking around the islands because of the lack of spaces. Mayor Kranstuber asked for input from Council. Mr. Hansley stated that staff received a complaint from a volunteer usher who was cited for using a designated handicapped parking spot when there was no other parking available in the lot. Mr. Adamek commented that his feedback is that the lot is very full at all times. Mayor Kranstuber moved to direct staff to develop a parking lot expansion plan for the Recreation Center to be forwarded to Planning & Zoning Commission for review. Mr. Reiner seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. 2) Thanked Vice Mayor Adamek for assisting with several recent ceremonial events. Tomorrow, the City will host a school tour group at the Justice Center. 3) Recently attended a Muirfield Homeowners Association annual meeting. They asked about the status of the Glick Road and Muirfield intersection improvements. Mr. Hansley suggested that Council place a resolution on the next Council meeting ~ agenda requesting that ODOT place a higher priority on the intersection improvement for fi this location. Mr. Reiner added that the residents are also interested in the signalization ofthe intersections of Brand and Muirfield and Muirfield and Glick. Mr. Kindra responded that both of those intersections were included in a recent traffic signalization study. For Glick Road and Muirfield, it was recommended that a four-way stop sign would be appropriate to alleviate the traffic concerns related to development of the Tartan Fields area. For Brand Road, staffis looking at the feasibility of installing a traffic circle instead of a signal, which would create a grand entrance to the Muirfield area. This is a relatively new concept, and Council will be given further information on this in a couple of months. 4) Thanked Ms. Puskarcik and the Clerk of Council for their assistance with recent presentations. 5) Announced that the RE.A. & Associates new building ground breaking is Friday, April 21 sl at noon. He is not available, but asked that someone from Council represent the City. Vice Mayor Adamek stated that he might be able to attend, and will confirm with staff tomorrow. Mayor Kranstuber moved to adjourn to executive session for land acquisition, legal and personnel matters. Ms. Chinnici-Zuercher seconded the motion. ...-.. V ote on the motion - Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, , yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes. Mayor Kranstuber announced that the meeting would not be reconvened following the exec ve s SIon. meeti as djourned to executive session at 8:55 p.m. ~ (1- ~ Clerk of Council