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HomeMy WebLinkAbout03/16/1998 RECORD OF PROCEEDINGS Minutes of „eMeetin~ ~ee edo , ...........e.. e ~ ~ ° ~ ~~ub`Tiri ~ify Council~Meetirig Page 1 DAYTON LEGAL BLANK CO., FORM NO. 10148 Held l~~errh 1 F.~ lgog 19 Vice Mayor Boring called the meeting to order at 5:30 p.m. Present were Mrs. Boring, Mr. Reiner, Mr. Adamek, Mr. Peterson and Mr. McCash. Mayor Kranstuber and Ms. Hide Pittaluga arrived later. Mrs. Boring moved to adjourn to executive session for discussion of personnel matters. Mr. Adamek seconded the motion. Motion carried unanimously. Mayor Kranstuber reconvened the formal session of Dublin City Council at 7:15 p.m. Mrs. Boring led the Pledge of Allegiance. R 11 11 Council members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. Adamek, Mr. McCash, Mr. Peterson, Ms. Hide Pittaluga, and Mr. Reiner. Staff members present were: Mr. Hansley, Mr. Smith, Ms. Grigsby, Mr. Harding, Mr. Kindra, Mr. McDaniel, Ms. Fierce, Ms. Bearden, Chief Geis, Ms. Crandall, Ms. Heal, Mr. Isom, Ms. Vincent, Mr. Husenitza, and Mr. Herman. Aanroval of Minutes of Meeting of March 2. 1998 Mayor Kranstuber moved approval of the minutes. Mr. Reiner seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. Correspondence The Clerk stated that a notice has been sent to Council regarding the transfer of permit ' from the Boulevard Grill to Oriental Cafe LLC dba Hunan Palace at Dublin Village Center. There was no objection to the transfer of this permit. Comments from Visitors There were no comments from visitors. Proclamations/Recognition Mayor Kranstuber recognized students from Dublin Coffman High School who participate in the broadcast and video production program. They were recently honored by receiving the "Communicator Crystal Award of Excellence" for The Rock News. Staff Comments Mr. Hanslev reported that Mr. Helwig is ill and therefore not in attendance tonight. Ms. Grigsbv introduced the new Director of Accounting and Auditing, Vikki Vincent. Mr. Smith stated that: 1. He has personally called Mr. Hunter, the Martin Road property owner affected by the road project which was discussed at a previous meeting. Staffwill work with Mr. Hunter on the resolution of his issues. 2. Regarding the bike path tunnel on 745 at Brandonway, he and Ken Richardson recently met with two of the east side property owners. Staff is working to maintain the time line of having the tunnel in place prior to the opening day of the 1998-99 school year. Dublin Schools has already agreed to provide the land needed on the west side of Dublin Road. 3. Also included in the packet was a memo Council requested regarding the Post Road speed limit issue. He pointed out that it is his position that Dublin as a home rule Charter city can declare a street to be residential and not a through street; however, that comes with some implications as listed in the memo. He recommends that prior to declaring Post Road a residential street, Council commission an engineering study, have traffic counts done, speed tests, and a recommendation from the Police Chief regarding enforceability. He added that the U. S. Supreme Court ruled last week that Council members would be personally RECORD OF PROCEED[NGS Minutes of Meeting e ew, _ .......~.e . ~._.,e.,,.. , ee_ ~ ee~~ .P , _~.,e........_ v,.~_.,, .e..,,._ Dubin City Council Meeting Page 2 DAYTON LEGAL BLANK CO., FORM NO. 70148 Held * ~~~-}.9~Q 19 exempt from liability in a lawsuit, but cities can still be sued. He will provide a copy of this case to Council. 4. They were also requested to provide information on the federal law involving takings, and they have requested this information from IlVILA. Imo, LEGISLATION SECOND READING & PUBLIC HEARING -ORDINANCES Ordinance No. 13-98 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1998 for the Purpose of Obtaining a Permanent Access Easement Related to the Construction of the Columbus Southern Power Substation. Mr. Hansley stated that staff is recommending adoption of this ordinance. It provides for a roadway to serve the proposed AEP substation. Vote on the ordinance - Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Ordinance No. 14-98(Amended) - An Ordinance Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof To Make Service Payments in Lieu of Tazes and to Subject that Parcel and Related Parcels to Certain Covenants and Restrictions Enforceable by the City, Providing for Payment of a Portion of Those Service Payments to the Dublin City School District, Establishing a Municipal Public Improvement Taz Increment Equivalent Fund for the Deposit of the Balance of Those Service Payments, and Declaring an Emergency. (Daimler Project at Frantz Road/SR 161 - Embassy Suites) Mr. Hansley stated that the revisions Council had requested to the restrictions were forwarded in the packet. Staff is recommending adoption at this time. Special legal counsel is present tonight from Squire, Sanders & Dempsey to respond to any questions. Mayor Kranstuber invited those present who wanted to testify to come forward. Clay Rose, 5177 Ashford Road. representing the Dublin Convention and Visitors Bureau stated that they strongly support this quality project for Dublin at this gateway location. He noted that the project will bring a full service luxury hotel, the Embassy Suites, to Dublin, bringing the total number of luxury full service hotels built in Central Ohio since 1991 to three. The Bureau commends City Council and City staff for their foresight in bringing the project to Dublin. It will be an outstanding addition to this progressive community. Mr. Smith summarized briefly the changes in the agreement made by staff at Council's direction. The changes include the second hotel to be of interior corridor design; no external air conditioning units; and language drafted by Ms. Clarke and agreed to by the developer regarding the grading, the perimeter berming, the evergreen plantings, the right- of-way screening, and the parking lot screening. The developer will install the landscape on 33, 161 and Frantz Road, but the City will have the right to augment it and the right to take over maintenance if it is not done satisfactorily. Significant language was added ~ regarding the elevations on all sides being of the same materials. The Corporex Group agreed not to vary the design and materials shown to Council by more than 10 percent. Legal staff will perform a "straw man transfer", that is, the entire developable parcel will be transferred to a "straw man", and the deed restrictions will be imposed at that time so that they will run with the land. All of this will create in effect a PUD zoning, although it is not technically a PUD. The City will also have the power to enforce the restrictions. Embassy Suites has signed off on all of these items. Staff believes that the City can enforce the covenants and thereby create the kind of project Council desires. Mr. Smith noted that the second TIF ordinance will be introduced tonight with the public hearing scheduled at a later date in order to provide 30 days' notice to the school district. RECORD OF PROCEEDINGS Minutes of Meeting Dublin City Council Meeting ~~~~~_~Page 3 DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held ~ ~ ~ ~ ~ ~ 19 Ms. Hide Pittaluga stated that this is an exciting project for the City, but she has questions relating to the setbacks for and to the location of the Cooker restaurant. She would prefer that the restaurant be located at a point other than at the gateway at Frantz and 161 and suggested that consideration be given to repositioning of the buildings. Mr. Ghidotti stated that in the restricted covenants there is a provision that the setback along Frantz Road for the Cooker Restaurant site be 150 feet from the centerline in order to preserve the view corridor. The building was also not to be located any farther east than the Bank One building. In regard to the location of the Cooker restaurant on the entire parcel, when the property was put in contract in September of 1997, they adopted the Cooker contract. Concessions were made in the Cooker contract deeding ground to the City to provide the 60 foot right-of--way access connecting the McKitrick property with Metro Place North. Cooker believed they had performed under their contract with McKitrick and had a right to buy the site. Mr. Ghidotti added that the existing contract with Cooker was a part of the site and was adopted with this contract to avoid threatened litigation which could hold up the site development for several years. Ms. Hide Pittaluga noted that she has concerns with the amount of setback from the freeway. Mr. Ghidotti responded that the site is narrow and the curb cut was already located in connection with the Frantz Road improvements. These factors and the City's parking and building setbacks determined the amount of setback available from the freeway. Ms. Hide Pittaluga asked if there is flexibility in increasing the height of the office building in order to ease up on the parking or setback issues. Mr. Ghidotti responded that the plans are finalized for the office building site and construction is scheduled to begin in the next month. The office site has only 62 percent coverage and is therefore the least dense with the largest area of the 50 foot greenbelt along its northern and western boundary. Mr. Ghidotti added that since the meeting two weeks ago, they have moved the office building a little south and east in order to save almost every tree in the triangular portion near the large walnut tree. Mrs. Boring moved to incorporate the amendments provided to Council in the packet and to treat this as emergency legislation. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes. Vote on the ordinance - Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes. INTRODUCTION & FIRST READING -ORDINANCES Ordinance No. 15-98 - An Ordinance Authorizing the City Manager to Enter into an Agreement with the City of Columbus, Ohio for Prosecution of Dublin Cases in Franklin County Municipal Court. Mayor Kranstuber introduced the ordinance. Mr. Smith stated that this provides for the City to obtain prosecution services for Dublin cases in Franklin County Municipal Court. Mr. Peterson asked for clarification that cases are sent downtown upon demand for jury trial. Mayor Kranstuber confirmed this, and added that appeals from the Mayor's Court decisions are also heard downtown. There will be a second reading and public hearing at the March 30 Council meeting. Ordinance No. 16-98 - An Ordinance Assigning the Responsibility for Emergency Management for the City of Dublin, Ohio, Repealing the Existing Chapter 36 of the City of Dublin Codified Ordinances, Adopting a New Chapter 36, and Declaring an Emergency. RECORD OF PROCEED[NGS Minutes of Meeting ~e , . _.e, d....,~e e_d.~ y~,r ,_e,_ _~.e_ ~e,, . e., ..._.Y. Dublin City Council Meeting~~~~~~~ Page 4 DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held }~q~.-mot, , ~ , oa4 19 Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that a detailed memo was included in the packet from Mr. McDaniel, and he is present tonight to respond to questions. ~ Mr. McDaniel stated that this ordinance provides for the replacement of the existing Chapter 36 of the Dublin Codified Ordinances in order to align the City's emergency . management philosophy and terminology with that of the county, state and federal emergency management agencies. This legislation is simply ahouse-cleaning measure. Tornado and Flood Safety Week will be observed in Franklin County March 23 through March 27. He added that the project is underway to add four additional outdoor early warning systems to the City's existing 20 sirens. Two of those sirens belong to Washington Township, and the City will install and maintain them and activating them on the township's behalf. Two sirens are the City's. The sirens are located in Cosgray Park, Homestead Park, at the Washington Township Community Center, and just adjacent to Amlin. Staff is requesting passage by emergency to protect the public health, safety and welfare. Mayor Kranstuber moved to dispense with the public hearing and to treat this as emergency legislation. Mr. Reiner seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Vote on the ordinance - Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes. Ordinance No. 17-98 - An Ordinance Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure . Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof to Make Service Payments in Lieu of Tazes, and to Subject that Parcel and Related Parcels to Certain Covenants and Restrictions Enforceable by the City, Providing for Payment of a Portion of Those Service Payments to the Dublin City School District, Establishing a Municipal Public Improvement Taz Increment Equivalent Fund for the Deposit of the Balance of Those Service Payments, and Declaring an Emergency. (Daimler Project at Frantz Road/SR 161 - 1.842 Acre Tract at Southwest Corner) Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that the City is required to provide notice to the school district and for this reason, action cannot be taken until the next meeting. There will be a second reading and public hearing at the March 30 Council meeting. Ordinance No. 18-98 - An Ordinance Accepting the Lowest and Best Bid for Floor Maintenance Services, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Hansley stated that a memo was provided in the packet and Mr. Hahn is here to respond to questions. Mr. Adamek asked if this provides for basic housekeeping of public facility carpets. Mr. Hahn responded that these services are for the carpeting and resilient floors. He will be requesting adoption by emergency at the next meeting. . There will be a second reading and public hearing at the March 30 Council meeting. Ordinance No. 19-98 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1998. Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated that the additional appropriations include funds for the Division of Building for commercial plan review. The other request relates to the design for the Rings Road TIF financed project. Mrs. Boring asked if a community review of the plans will be held when the design is completed. Mr. Kindra responded that, typically, a TIF project is fast tracked and does not always RECORD OF PROCEEDINGS Minutes of Meeting „ ee,~,e _,,e., w,e. , , . , „ Dublin City Council Meeting Page 5 DAYTON LEGAL BLANK 00.. FORM NO. 10148 Held *~ul 19 allow for public input sessions. However, if Council's direction is to do so, that will be done. Mr. McCash suggested that as part of the March 18 southwest residents meeting at the 5800 Building to discuss the Woerner-Temple plans, that Phase 2 Rings Road design drawings at their present stage be presented. Mr. Hansley stated that perhaps some policy direction can be given at goal setting in regard to public input stages for projects -whether this should be at concept stage or at design stage and how that may impact TIF funding or state funding. Mr. McCash stated that perhaps the Transportation Task Force could schedule their meetings to provide review by residents of projects. There will be a second reading and public hearing at the March 30 Council meeting. Ordinance No. 20-98 - An Ordinance Accepting the Lowest and Best Bid for a Utility Van and Related Equipment. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that this is another vehicle to be used for traffic engineering and street lighting functions. Mr. Isom is present for questions. Discussion followed about the reasons that only one bid was submitted. Mr. Isom stated that the bid was under the estimate for the product and he believes it was a fair bid project and a good price. There will be a second reading and public hearing at the March 30 Council meeting. INTRODUCTION & PUBLIC HEARING -RESOLUTIONS Resolution No. 28-98 - A Resolution Appointing Members to the Planning & Zoning Commission and Board of Zoning Appeals for the City of Dublin. Mrs. Boring introduced the resolution and moved to table it until March 30. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes. OTHER Interim Plan for Old Dublin Town Square. Mr. Hansley requested this be deferred until the next Council meeting due to the fact that Mr. Helwig is not present tonight and he is most familiar with the project. Mayor Kranstuber stated that this item will be heard on March 30. Petition of Brighton Park Trinity Park and Heather Glen Residents Re ag rding Street Lighting for Woerner-Temple Extension Mr. Kindra presented background on the project, noting that the project includes the same design standards implemented on all of the Dublin roadways done in recent years. A memo was included in Council packet with details. Mr. Hansley clarified that in this case, there is a petition of residents asking that the City change the policy in place in regard to the lighting for the road extension. City Council can choose to change the policy in place in regard to lighting standards which was established by a previous Council. Mayor Kranstuber noted that this could be discussed at goal setting and he would also like to discuss City policy regarding burial of utilities at that time. ~.y ~ Mr. McCash commented that he believes some of the light poles installed throughout the City are too tall. Mr. Hansley stated that some of the lighting fixtures are mostly for decorative purposes, like those in Muirfield, and other street lighting is designed to light the roadway and enhance safety. In response to Mr. Peterson, Chief Geis stated that there have been only a few instances where lighting would have made a positive difference in traffic safety. However, lighting is known to be the single greatest crime prevention tool in the country. This would be an important consideration for Council. RECORD OF PROCEEDINGS Minutes of Meeting d, A ~,d,e., , ~d,,.dd.~e~.~e,,~~„e, , , , ....e...w_..... r..e, -~`~~~uTiliri"~CityCouricil ~~eeting~~~~~ age DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held l~~rsl} 16, 1 ~;1.g 19 Mr. Peterson stated that he can understand the City's desire for uniform lights, and he understands the safety issues at intersections, but he and Mr. McCash visited the site and the lights as planned will impact the residents' use of their back yards. There should be a solution or compromise to address the residents' concerns as well as address safety issues of the community. Mr. McCash stated that in this particular neighborhood, the impact of the lights is more than in any other neighborhood. Mr. Hansley stated that he is not convinced that there will be that much spillover of light into the yards. Council will have to wrestle with the competing interests in this case - public safety and private property use. Mr. Peterson moved that the street lights on Woerner-Temple not be installed as planned between Emerald Parkway and Avery Road, except for at the intersections. Mr. McCash seconded the motion. Mark Hutchins President of the Homeowner's Association for Trinity Park stated that he has measured the glow of the lighting of the actual street lights that are on the short section of Woerner-Temple and the lighting will impact some of the yards as the lights are currently designed. Vote on the motion -Mrs. Boring, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Mr. McCash confirmed that the Community Development Committee was previously ~ asked to review the type and height of lighting for the City. They have not completed this review as of this date. Discussion followed among Council and the neighborhood representatives about whether they want the lights completely eliminated in this section or whether they want to look at other options. Mr. Hansley pointed out that adding lights at a later date would be very expensive and cost prohibitive. The residents in attendance confirmed that they are satisfied with lights at the intersection areas only for this portion of Woerner-Temple. Mr. McCash suggested that Woerner-Temple be bid with the lighting as already designed to obtain a price, and that further discussion could be held on Wednesday about the specific intersection areas. Mayor Kranstuber summarized that the lighting has been eliminated on this portion of the roadway, except at the intersection areas. Council Round Table/Committee Reports ~ Mr. Adamek stated that the Finance Committee is reviewing the information about the Old Dublin events as provided by Ms. Puskarcik this evening. He would like to schedule another Finance Committee meeting for 5:30 p.m. on Monday, prior to the Public Services meeting at 6 p.m. The Committee agreed to do so. Secondly, Ms. Grigsby has asked that CIP meeting dates be established for the summer. He has suggested the first and second Wednesdays in July beginning at 6:30 p.m. It was the consensus of Council to set the dates for CIP review for July 1 and July 8. Mr. Reiner thanked the staff for their efforts on the State of the City program. It was very well done. RECORD OF PROCEEDINGS Minutes of eMeeting _ ~ .._e., , e ed...d,.~...~ a ~~~„T . _ ~ . Du~ilin pity Council Meeting ~ ~ ~ ~ Page 7 DAYTON LEGAL BLANK 00.. FORM NO. 10148 Held r~ i. , ~ , ooQ 19 Mrs. Boring reported as follows: 1. There will be interviews for some board and commission positions on Thursday, March 26. She would also like to schedule a Committee of the Whole meeting on ~ Monday, Apri127 at 7 p.m. to discuss structuring of the committees following the staff recommendation. -3 2. Wednesday, March 25 has been set for the CounciVPlanning Commission quarterly dinner. It will be held at 6:30 p.m. at Wedgewood. 3. She would like Council to establish a policy regarding big box retail in view of the recent article in the paper about the Chardon, Ohio case. Mr. Smith responded that Chardon had enacted zoning districts in 1970 that allowed commercial real estate in that area to have only 10,000 square feet of retail and ten employees. The current issue was that Wa1Mart wanted to build a big box retail in this area and Council disapproved it on a zoning basis. The Ohio Supreme Court refused to hear the appeal. They are not certain that the litigation is over at this point. The case focused on the fact that the applicant claimed they were denied due process in not being permitted to build big box retail in that one area. It did not address limiting big box retail in other areas. He pointed out that City Council always has the right to initiate rezonings of land. Mr. Smith asked that Mrs. Boring clarify the specific areas she is concerned about and he can respond in a memo. Mr. Peterson stated that this is the kind of week which makes people proud to live in Dublin. The State of the City program was outstanding; the parade and Blarney Bash were wonderful. In Council Chambers, controversial items are often the focus, but it is - important to remember that Dublin is a great city to live in. He thanked staff for all of the hard work and effort on these events. Ms. Hide Pittaluga commented that she was proud to represent Dublin and the State of Ohio at the National League of Cities Congressional Conference last week. As Council is aware, she was appointed to the Public Safety and Crime Prevention Committee of the NLC, one of two people from each state serving on the Committee. Some of the recommendations from the Committee to Congress will be to emphasize public technology, to address domestic terrorism, and to encourage more funding for police. She complimented the law department on their efforts over the past months. She thanked Mr. Husenitza for his continuing updates on information technology to Council. She also thanked staff for their hard work on the State of the City program and the St. Patrick's Day weekend events. Mayor Kranstuber moved to adjourn to executive session for discussion of land acquisition and legal matters. Mr. Reiner seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Mayor Kranstuber announced that the meeting will not be reconvened following the executive session. The meeting was adjourned at 8:45 p.m. , - Presiding Officer Clerk of Council