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HomeMy WebLinkAbout08/10/1998 RECORD OF PROCEEDINGS Minutes of Meeting e„eeva e...._ , ae.~ d~ ~~..»due~ o.~~.~~ ~ Dubhri City Council Meeting gage 1..,.,._. DAYTON LEGAL BLANK CO.. FORM N0.1 14 Held ~~ai~c,~t.l (1~~49$ 19 Mayor Kranstuber called the August 10, 1998 Council Meeting to order at 7:00 p.m. Mrs. Boring led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. Adamek, Mr. McCash, Mr. Peterson, and Mr. Reiner. Ms. Hide Pittaluga was absent (excused). Staff members present were: Mr. Hansley, Mr. Helwig, Ms. Grigsby, Mr. Smith, Ms. Clarke, Mr. Hahn, Ms. Puskarcik, Chief Geis, Mr. Kindra, Ms. Bearden, and Ms. Crandall. Annroval of Minutes of Meeting of my 20, 1998 Mrs. Boring moved to table consideration of the July 20 minutes until September 8. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. orr c~ondence The Clerk reported that a notice to legislative authority was forwarded to Council regarding a new liquor permit for Stags Head at 6495 Perimeter Drive in Avery Square. There was no objection from Council to the issuance of this permit. United Way has requested permission to serve beer and wine on the City property at Bridge & High Streets during the campaign kick-off ceremonies on September 3, 1998. Mrs. Boring commented that she is surprised that an agency that deals with alcohol abuse plans to serve alcohol at their event. The event can be held without the serving of alcohol, and she is therefore opposed to having alcohol served on City property for this event. Mr. McCash noted that he shares her concerns and has an additional concern about traffic and congestion at the intersection during rush hour which could be compounded by the event. Following discussion, Mayor Kranstuber moved to approve the United Way request to serve liquor on City property for the event on September 3. Mr. Reiner seconded the motion. Vote on the motion - Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, no; Mr. McCash, no. S}~ecial Presentations Pam Brown, Communications Liaison with Columbia Gas gave a brief presentation regarding the new customer choice program which offers Dublin residents and small commercial businesses an opportunity to choose their gas supplier and still remain a Columbia Gas customer. It represents potential savings to customers similar to that which occurred with the de-regulation of the telephone industry. She distributed brochures to Council members and citizens present. The brochure provides a list of the current gas marketers and offers an "apples to apples" comparison chart for consumer information purposes. She added that additional information can be obtained from PUCO's web site. She thanked Council for the opportunity to make this presentation. Comments from Visitors Wallace Maurer, 7451 Dublin Road stated he has concerns about the process in which comments from the public at the recent Dublin Road bikepath meeting at the library were passed on to Dublin City Council. Mayor Kranstuber stated that a report was provided to Council in their packet. Mr. Helwig added that verbatim comments received from citizens who filled out forms at that meeting were forwarded to Council. The next step in the process is to continue the planning and design phase and bring a report to City Council. Mr. Maurer asked if Council will consider altering their bikepath policy for the Dublin Road project if all seven Council members decide they do not want to proceed. Mayor Kranstuber stated that Council has the option to alter their policy on this matter. RECORD OF PROCEEDINGS Minutes of Meeting ..n.,w~~m~~..,~e~.~we_~e ~,~e..w Dublin City ~Couricil eetirig ~ age DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held A„~„~r ~ n X99$ 19 Joyce Witte, 274 Beckley an stated that she is seeking direction from Council about the next step in the traffic calming device implementation for Waterford Village subdivision. Ms. Crandall has completed a survey of the residents on this matter. The Transportation Task Force has forwarded a Traffic Calming Policy to Council. Some Waterford residents still want additional traffic calming devices and some residents want nothing further done. Mr. Peterson commented that he would like to have the traffic calming devices for the other streets in Waterford Village installed which would complete this project. Mr. McCash stated he would like to see actual traffic counts and traffic speeds before a policy decision is made. It is important to know if the speed humps have actually slowed down the traffic before proceeding with additional installations. Mr. Hansley stated that when the first traffic study was done, there was a road closure on Dublin Road. At this time, there is construction underway with the 161/Frantz Road intersection. It is difficult to perform an accurate assessment with the traffic projects underway. Mr. Adamek commented that he would like to see the traffic survey initiated after the construction in the area is completed in order to have a more valid measurement tool. Mr. Peterson moved to direct staff to commission a traffic count and speed study for Waterford Village after completion of the Frantz Road/161 intersection project. Mr. Reiner seconded the motion. In response to Ms. Witte, Mr. Hansley stated that the same process would be used as was previously done, i.e., soliciting neighborhood input after the results of the study are received before proceeding further. The residents could then petition Council for additional speed humps if desired. Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes. Mayor Kranstuber announced that in view of the large number of citizens signed up to speak about Truck Traffic Alternatives, he will move this issue up on the agenda to follow the Staff Comments portion. Jeffery and Michelle Hay, 6083 Innovation Drive addressed Council, summarizing the problems associated with the bikepath installed in their back yard -lot number 19 in the Heather Glen North subdivision. They were aware at the time of their home purchase that a bikepath was planned to be built on their lot. The planned bikepath was installed which included a fence. It was later determined the fence was installed in a no-build zone, so it was removed and the yard was re-sodded. Later, that sod was removed and construction of a wooden plank boardwalk was initiated. When drainage problems occurred, this project was delayed for several weeks. At that time, two thirds of their yard was torn up to correct the drainage problem and the wooden boardwalk was completed. As of August 1, their yard has been re-sodded, and they have been told that the City will work with them to landscape the area. The issue they would like to make Council aware of is that all of this has been done without their input and their concerns have not been addressed. They are the listed property owner as of April 16, 1998. This bikepath separates their property from the mature trees on the lot and it runs right through the most usable portion of the yard. The walkway is an eyesore, and because of its angle, it cannot be used as a bikepath. There is an asphalt bikepath that runs on Wilcox Road connecting Heather Glen 3 to Heather Glen North. They are requesting that the sidewalk be removed completely from their back yard. Mr. Peterson stated that he has visited the site and discussed the issue with the Hays. This is not a typical request for bikepath removal. He does not have a viable solution to offer Council at this point. RECORD OF PROCEEDINGS Minutes of Meeting DubIm City Counci ee mg age DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held Q„ ~r ~ n 1998 19 Mayor Kranstuber stated that, although this is a unique situation, Council is committed to providing bikepath connections throughout the City. He asked staff members if this request would interrupt the connection in the bikepath system. Mr. Hahn stated that this bikepath complies with Council's philosophy of providing connectivity between neighborhoods. This is not the sole connection point between the phases of Heather Glen, but this was viewed in the planning process as being important enough to include it on the plat. Mr. McCash noted that his first impression when reading the memo was that the homeowner did not want the path in his yard, but after further review, it appears the developers didn't line up the lots correctly for this bikepath connection. After discussion, Mayor Kranstuber summarized that Council seems to be in favor of removal unless there is a way to make this work aesthetically. Mr. Peterson moved to direct staff to provide a report to Council outlining the various options available to address the bikepath issue of the residents of 6083 Innovation Drive, considering as one option the removal of that portion of the bikepath and the impact on the system. Mr. McCash seconded the motion. Mrs. Boring stated that she is concerned that children will cut through yards in the absence of a proper bikepath connection. This path does connect one cul-de-sac with another. She has sympathy for the land owner, but has a concern with public access to parks. She favors keeping this connection to provide access to public parks. ` Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, no; Mr. McCash, yes. Tom Boyle, 4964 Dunkerrin Court., Vice President of Donegal Cliffs Homeowners Association addressed Council regarding the deed restrictions for their subdivision which are now expiring. To maintain the high standards in Donegal Cliffs, they are attempting to compile all the existing deed restrictions into one document which will run infinitely with all the properties. He has been working on this project for the past year with the Planning staff. He is asking Council to approve the City as a co-sponsor for a PUD rezoning application for the subdivision. This could be used as a blueprint for other neighborhoods within Dublin, as they, too are facing pending expiration of deed restrictions. He urged Council's support for this very important project for the Donegal Cliffs neighborhood. In response to Mr. Reiner, Mr. Boyle stated that this will be a PUD application and will consist of a compilation of deed restrictions already in place. Ms. Clarke stated that as a requirement of the Dublin Code, a rezoning application must be brought forward by the property owner. According to Mr. Banchefsky, the subdivision would need either 100 percent of the property owners' signatures or a motion from City Council authorizing the City as a co-applicant for this rezoning. , Mr. Reiner moved that the staff continue to work with the Donegal Cliffs Homeowners Association on this matter and that the City join with the Association in an application for a PUD rezoning. Mayor Kranstuber seconded the motion. Ms. Clarke noted that the Homeowners Association will work to ensure that the neighborhood residents are supportive of this rezoning. It will be important to Council and the Planning Commission that a majority of the residents of the neighborhood endorse this rezoning. Vote on the motion -Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mayor RECORD OF PROCEEDINGS Minutes of Meeting .,.,.,.,,,,,n.,.,,,..., w.,.. ,...,.,.,,,.,.,,,.,_,1,.M,.,..,,,fin.. .......,.,,.....,,.,....,,~a.,,,_e.~,,,,.,,.,,,,,,,,,,. Dublin Oity Counc l ee g g DAYTON LEGAL BLANK CO., FORM NO. 1014 Held August 191 g4g 19 Kranstuber, yes; Mr. Peterson, yes; Mr. McCash, yes. Staff Comments MrMr. Helwi~ reported that a memo was forwarded to Council from Mr. Kindra regarding the improvements to the Avery-Muirfield/161/33 interchange. Staff has received approval from ODOT for two water pond aesthetic features to be included in that project. Staff will bring some designs to Council for review in the near future. Ms. Clarke noted that a motion was approved by the Architectural Review Board requesting that Council consider the purchase of some property which is now available on North Riverview Street in Old Dublin. Ms. Puskarcik commented: 1. The Irish Festival experienced record-breaking attendance this year. She attributed this to the excellent weather and to the media support. She thanked all staff members for their contribution towards this event. 2. She will forward a memo to Council shortly regarding the Solheim Cup ticket information and special events which will take place. 3. Chris Booker of the Dublin News will be reassigned to another area. She thanked him for his excellent coverage of Dublin over the past years. Report on Truck Traffic Alternatives Mr. Helwig summarized that staff has provided several options to address truck traffic in the City in the report forwarded to Council. The state routes in the community could be denoted as truck routes, however this raises concerns about the impact on Dublin Road which is classified as a scenic route in the Community Plan. There was an article in today's Columbus Dispatch regarding tonnage limits and describing what three communities have done -acquiring sets of scales and setting up a Police detail to weigh trucks. This option could be initiated very quickly. He added that previous discussion emphasized the value of dispersal of truck traffic throughout the community so that no single neighborhood is impacted dramatically. Mr. Smith advised that City Council cannot in any way interfere with interstate commerce. There are two types of truck traffic -destination truck traffic and cut-through truck traffic. There is not aclear-cut solution to the problem. Other communities have utilized scales to ensure that trucks are complying with weight limits. This creates an enforcement problem when trucks are overweight. Mayor Kranstuber invited citizens to testify. Tim Steger, 7144 Coventry Woods Drive representing Coventry Woods Civic Association stated that directing truck traffic to Dublin Road would result in additional truck traffic on Brand Road as well. They believe this would constitute a safety issue for their neighborhood. The residents prefer that the weight limits are enforced so that the roads are not damaged. Residents have concerns about the number of curb cuts on Dublin Road compared to other routes which would seem to preclude directing truck traffic onto that road. The residents are seeking a workable plan which will ensure the safety of all residents of Dublin as growth and development continue. Ed Sweeney, 8 1 X11 ne o ~ .noted that he has been a Muirfield resident for five years. The volume of dump truck traffic on Muirfield Boulevard has steadily increased, and some trucks have 6 axles and gross over 80,000 pounds. They travel from a quarry north of Shawnee Hills and use Glick Road and Muirfield Boulevard to access Route 33 and the I-270 corridor. They begin operations at 6:30 a.m. and are a nuisance, causing considerable noise, and are a safety hazard to children. He has written a letter to the SNP papers, and his neighbors have asked him to express their concerns to Council tonight. Muirfield Drive was designed for residential and service truck use and is also used by joggers and bicyclists. It was never intended to be used as a corridor for dump trucks hauling over 80,000 pounds. The issue is how to route the trucks so that safety and the quality of life are preserved in Muirfield. RECORD OF PROCEEDINGS Minutes of Meeting "~`"~~~~`~~f5ub`~iri amity ounce ~ eetmg age DAYTON LEGAL BLANK CO.. FORM N 1 14 Held A„a„~r ~ n ~ g4Q 19 lames Zitsman, 701 }~gburn Drive; President of Muirfield Village Civic Association stated that his concern is about the through truck traffic along Muirfield Boulevard. These trucks are destroying the quality of life, are a serious safety risk for children, and cause noise and pollution problems. These heavy trucks are using Muirfield Drive as a short-cut to their final destination. He suggests installing "no through truck" signs on Glick Road, Muirfield Drive, and at Brand Road. Muirfield Boulevard was not built for truck use. He moved to Dublin for the quality of life it offers, and the current situation is not acceptable. Tom Boyle, 4964 Dunkerrin Court, stated that his daughters walk to school at Bailey Elementary. To designate Muirfield Boulevard, which has four lanes and has commercial property bordering it, as a "no truck route" would shift the trucks onto Dublin Road, creating a dangerous situation for the school children. Dublin Road has enough truck traffic already. There is no easy solution to this problem. The solution of weighing may decrease the number of trucks. Dublin Road as a two-lane road cannot accommodate this additional truck traffic. Mr. Reiner commented that Muirfield residents are very upset about this issue and would like to see a resolution. Muirfield Drive was not built to carry this kind of truck traffic. Mr. Peterson asked if the City has attempted to address this issue with the quarry company. Mr. Hansley stated that the company that owns the quarry is American Aggregates, and past attempts to resolve this have not been effective. The trucks take the path of least resistance to get to their destination. He added that posting signs prohibiting through truck traffic on Muirfield Boulevard will simply overload the other routes in town. Prior to the time that the Muirfield Drive connection was built, there was a major problem i` with truck traffic on Dublin Road. Mayor Kranstuber stated he has concerns with a solution that doesn't balance the traffic on the three routes in anon-discriminatory way. Dublin Road is very narrow with 20- foot ditches, residential property frontage, and runs through Old Dublin. There may be no good solution to this problem. Mr. McCash suggested that if the trucks reduce their speed, it may keep the noise down. Mrs. Boring commented that everyone is concerned about safety issues and about road deterioration and she, too, is not sure there is a solution. Mr. Reiner moved that "No Through Truck Traffic 5:30 a.m. to 11 a.m. and from 4:00 p.m. until 7:30 p.m." signs be erected on Muirfield Drive at Glick Road and on Muirfield Drive at Brand Road, and that the City purchase the scales. The motion failed for a lack of a second. Mr. McCash moved to authorize the purchase of two scales to ensure compliance with load limits for trucks. a. Mr. Adamek seconded the motion. Mr. Hansley noted that staff has prepared a draft ordinance, and if this motion is carried, the legislation will be brought to Council at the next meeting. Mayor Kranstuber agrees with Mr. McCash's motion, but has a concern about enforcement other than when the scales are in place. Mr. Adamek commented that the City has the ability to impose weight limits lower than those of the state. Purchasing the scales would be the first step in addressing the problem. The safety issue affects the entire City, not just one or two roads. This cannot be solved tonight - it will be a long process. In response to Mrs. Boring, Mr. Hansley stated that staff would begin enforcement on S.R. 745 and on Muirfield Drive. RECORD OF PROCEEDINGS Minutes of Meeting ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,.,,,,,,,,,,,...,.,._,,.,,,,_,,.,,,.,.,,,,,..,.,,,,.,.,.,.,...,,,.,.,.,,,,,.,.,,.,.,,..,.,,,.,,.,,,,,,,,,,,,,,,,,.,.,.,,,,.,,,.,,,,,,,,.,,,,,,.,,,.,,,,,,.IS,,.,,,, ,,..llri.,., it,..,.,,.,., ouricil.,,,lVfeetiri,,,,.,,,.,,,,,,,,,,.,,,,,,.,,,.,.,.,,.,.,,,,,.,,,.,,,,,,,,,,,,,,,,.,.,,,,,,.,,,..,.,,,,,,.P,a.,,,,,.e.,,~,,,,_,,,,,..,,,,,,,,,,,,,.,,,.,,.,.,.,,.,,,,,,,,.,,,,,,_,,,,,,,,,,,.,,,,,,,,,,,,,.,.,,.,,,,,..,,,.,,,.,,.,,,.,,,,,,,,,,.,,,.,.,,,,,,.,,,,,.,.,.,.,,,..,.,,,. ub C y C g g DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held A„a„~ t ~ n _L99$ 19 Mrs. Boring stated that would be discriminatory. The safety issues on S.R. 257 are also critical with the high school location on Hard Road. There are many teen drivers who travel along S.R. 257, and increasing truck traffic would result in a dangerous situation for them. Mayor Kranstuber called the question. Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, no; Mrs. Boring, no; Mr. McCash, yes; Mayor Kranstuber, yes. LEGISLATION SECOND READING & PUBLIC HEARINGS -ORDINANCES Ordinance No. 72-98 - An Ordinance Modifying and Adopting the BOCA National Property Maintenance Code and Amending Portions of the Dublin Codified Ordinances. (Public hearing tabled until August 10, 1998) Mayor Kranstuber moved to take Ordinance 72-98 from the table. Mr. Adamek seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Mr. McCash noted that when this legislation was considered by a previous Council, it was defeated with a tie vote. Council members Campbell and Stillwell had some concerns with the scope of the ordinance, and the ordinance has now been modified. This ordinance provides benefit by giving the City the ability to enforce quality maintenance procedures for existing buildings. Columbus, Upper Arlington, and Grove City all use some version of a property maintenance code. Mrs. Boring stated she has several concerns with this legislation: h` 1. She supports having a property maintenance code, but this version may infringe on privacy rights. 2. There is a danger of selective enforcement and she disagrees with the "big brother" type of approach. 3. It would increase the workload for the Building Division in terms of existing structures when they have difficulty handling applications for new structures. 4. The sections of the BOCA Code relating to ethics and official records were deleted from this ordinance, and she does not understand why. 5. The appeal rights have also been deleted. In summary, she is not willing to support this tonight. Mr. McCash responded that the sections relating to ethics, official records and appeals were deleted by the Law Department in the first draft of the legislation since these items are addressed elsewhere in Dublin's Code or in the Charter. Mr. Smith stated that the Law Department has reviewed the ordinance and they are satisfied that it will be workable. Mayor Kranstuber called the question. Vote on the ordinance - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, no; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. Ordinance No. 79-98 - An Ordinance Accepting the Lowest/Best Bid for the Post Road Water Tower Interior Painting, and Declaring an Emergency. Mr. Hansley stated that this involves necessary interior painting for the water tower. Mayor Kranstuber moved to treat this as emergency legislation. Mr. Peterson seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes. Vote on the ordinance -Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Mr. Peterson, yes. Ordinance No. 80-98 - An Ordinance Accepting the Lowest and Best Bid for the RECORD OF PROCEEDINGS Minutes of Meeting ~.e.~ . ~..w~~ , , ,~~.ee~,,~d~ddx ~,~A.~_N~~m~.e~e.~e~euee~ .W............ , r ~e~. . we,~,.A~~.~,~~,,.w~. a ~5ubhn City Council meeting ~ ~ age DAYTON LEGAL BLANK CO.. FORM NO.i 148 Held ~ must 1 ~~1 g4g 19 Coffman Road Park Phase II Project, and Declaring an Emergency. Mr. Hansley stated that staff is recommending adoption by emergency at this time. Mayor Kranstuber moved to treat this as emergency legislation. Mr. Peterson seconded the motion. Vote on the motion - Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson, yes. Vote on the ordinance - Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes. Ordinance No. 81-98 - An Ordinance Accepting the Lowest and Best Bid for Llewellyn Farms Park and Monterey Park Tennis Court Resurfacing, and Declaring an Emergency. Mrs. Boring moved to treat this as emergency legislation. Mayor Kranstuber 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. Vote on the ordinance - Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. Boring, yes, Mr. McCash, yes. Ordinance No. 82-98 - An Ordinance Authorizing the Purchase of a .972 Acre Lot Along Post Road for Recreation Purposes, Appropriating Funds, and Declaring an Emergency. Mr. Hansley stated that this property lies just past the entrance to the Rec Center and this was a negotiated sale. Staff is recommending adoption by emergency. Mr. Reiner moved to treat this as emergency legislation. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes. Vote on the ordinance -Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes. Ordinance No. 83-98 - An Ordinance to Adopt the 1999-2003 Capital Improvements Program. Mayor Kranstuber invited Mr. Maurer to speak on this ordinance as requested. Mr. Maurer asked what amount of money was appropriated for the Dublin Road bikepath with this CIP program. Ms. Grigsby stated that the bikepath tunnel currently under construction on Dublin Road is shown in the 1998 appropriated funds. There are no funds for the Dublin Road bikepath appropriated beyond the year 1998. Mr. Hansley explained that the CIP document contains estimates of the cost of the various projects, and these estimates are modified as more information is available closer to the project time frame. The CIP is then modified each year to correspond to the updated information. Mrs. Boring noted that the newspaper previously reported that she would not support the CIP because of erroneous information provided to the voters a couple of years ago by developers in relation to their road commitments for the northeast quad. She has now been persuaded to support this CIP to guarantee the integrity of the Emerald Parkway project throughout the City. She is, however, supporting this under protest. Vote on the ordinance - Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes. Ordinance No. 84-98 - An Ordinance Authorizing the City Manager to Enter into a Contract for the Rehabilitation of the Artwork known as "Out of Bounds" without Formal Competitive Bidding, Appropriating the Funds Therefor, and Declaring an Emergency. Mr. Hansley noted for the record that this was discussed extensively during the CIP RECORD OF PROCEEDINGS Minutes of Meeting .,d,..,.,,~,~...~. __,,,~„~~„~~,~,_„~~~~~w. ~~I~ubliri~Cify"Courici ~ ~ eetirig ~ _ age.. DAVT N LEGAL BLANK CO.. FORM NO. 10148 Held A„u„ct 1 19AR 19 budget discussions. It has been prepared as emergency legislation because of some design issues and vandalism problems. The competitive bidding is being waived as it was done under a professional service contract as an art piece. F Mr. Reiner moved to treat this as emergency legislation. Mayor Kranstuber seconded the motion. w, Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mayor Kranstuber, yes. Vote on the ordinance - Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. McCash, yes. INTRODUCTION & FIRST EADIN - O INANCES Ordinance No. 85-98 - An Ordinance Declaring Certain City Owned Property as Surplus and Authorizing the City Manager to Dispose of Said Property in Accordance with the Ohio Revised Code Section 721.15. Mrs. Boring introduced the ordinance. There will be a second reading and public hearing at the September 8 Council meeting. Ordinance No. 86-98 - An Ordinance Vacating a Portion of the Post Road Right-of- Way. Mrs. Boring introduced the ordinance. Mr. Helwig stated that staff has been working with OCLC on this matter. This involves a portion of Post Road east of the main intersection and in front of the two private residences that OCLC owns. The City is also working with OCLC on the improvement of their signage and landscaping as part of this process. There will be a residual utilities easement which is an added benefit of this project. " There will be a second reading and public hearing at the September 8 Council meeting. Mayor Kranstuber announced that the agenda will be modified, unless Council objects, to address the "Sidewalk and Street Tree Waiver for Muirfield Village, Phase 44, Section 3" at this point. Sidewalk and Street Tree Waiver for Muirfield Village. Phase 44, Section 3 Mr. Hansley stated that information was provided in the Council packet on this matter. Council has the discretion to waive these requirements. Mr. McCash stated that this request is consistent with what Council has done in other portions of Muirfield. He asked if a bikepath was planned along the north side of Brand Road. Mr. Kindra stated this is actually a request for a sidewalk waiver and street tree waiver. As stated in his memo, the City Council in recent years has required a fee to be paid when these types of waivers are granted. The Planning staff recommends an alternate tree plan be submitted. Mr. T,enker,~ r n ing~uin Abbey L .L .C'. stated they have submitted a landscaping plan to City staff, which has been approved subject to some minor changes. They plan to install street trees along Brand Road at 30 foot intervals instead of the required 50 foot intervals. Those trees will be larger than the maples currently planted in Hawk's Nest 4 along Brand Road. They are removing the Ohio Edison overhead power lines along the north side of Brand Road. The waiver requested is for the street trees on Quin Abbey Court. They are requesting a waiver of sidewalk requirements because they are constructing bikepaths along the rear of the lots, consistent with the Muirfield bikepath system. The bikepath Mr. McCash refers to is the bikepath on the south side of Brand which continues all the way to the Avery Road intersection. Mr. Reiner asked about the status of the alternate landscape plan that staff is recommending. Mr. Lenker responded that staff is recommending landscaping around the two retention basins; street trees along Brand Road; and some extra landscaping along the eastern RECORD OF PROCEEDINGS Minutes of Meeting ~ .e,~.,,... , , . ,d.., , , , d,,. „ . Du~Iin City CouricillVleetirig" Page DAYTON LEGAL BLANK CO., FORM NO. IOI48 Held Anu„ct 1(1 ~ 99g 19 portion of the property. The plan has been approved with modifications. Ms. Clarke commented about the landscaping plan, noting that the zoning of the property n required buffering to the east and to the west along existing residential properties. The applicant purchased the land to the east, and waived their own requirement. She explained that certain sections of Muirfield were brought in after the original PUD was approved by Council. Muirfield has a number of internal landscaping requirements that substantially exceed the City requirements. Therefore, staff is requesting that the applicant submit a plan for landscaping which may include whatever the restriction is per lot in terms of landscaping. Mr. Lenker explained that the Muirfield Association requires street trees from the builder, but they are instead placed somewhere within the property. They have submitted a landscape plan which has been approved. Ms. Clarke explained that staff is trying to ensure that this new section of Muirfield has similar standards to the other sections. Regarding the bikepath, there is none planned on the north side of Brand Road in this vicinity. The closest bikepath would be across the street on the south side of Brand Road. However, as part of the regional bike system, Brand Road is designated as a regional route. Discussion followed about whether fees have been required by Council previously in lieu of sidewalks or street tree installation. Mayor Kranstuber stated that since the other sections of Muirfield do not have sidewalks, he would not support requiring a fee to be paid for the waiver. Mr. McCash stated that sidewalks should be required since pedestrians are forced to walk in the streets. Mr. Reiner moved to approve the sidewalk and street tree waiver with the additional condition that the alternate landscape plan be submitted and approved. Mr. Adamek seconded the motion. Vote on the motion- Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Adamek, yes. INTRODUCTION & FIRST READING -ORDINANCES (cont.l Ordinance No. 87-98 - An Ordinance Amending Sections 153.150 through 153.164 (Sign Code) of the Dublin Codified Ordinances. Mayor Kranstuber introduced the ordinance and moved to refer this to Planning and Zoning Commission. Mr. Reiner seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. Ordinance No. 88-98 - An Ordinance Amending Portions of the Zoning Code to Regulate Large Format Retail Development in the City of Dublin. Mr. Reiner introduced the ordinance. There will be a second reading and public hearing at the September 8 Council meeting. Ordinance No. 89-98 - An Ordinance to Appropriate a Fee Simple interest from the Thomas Family Limited Partnership, Consisting of 6.6832 acres, More or Less, Located on the North Side of I-270 and the East Side of the Scioto River, in the City of Dublin, County of Franklin, State of Ohio. Mr. McCash introduced the ordinance. Mr. Smith stated this relates to the property on the east side of the river owned by the Thomas family which is needed for the new bridge. Negotiations are continuing. There will be a second reading and public hearing at the September 8 Council meeting. Ordinance No. 90-98 - An Ordinance Declaring the Procurement of a Colorado Timing System as a "Single Source" Procurement and Waiving Competitive RECORD OF PROCEEDINGS Minutes of Meeting .,r. e ~...e ~.,.w,,,.~ roDublin City council Meeting Page 1 DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held A„o„ct lp, ],99$ 19 Bidding Requirements. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated there is a detailed memo in Council's packets. Staff has determined that this is the only scoreboard that is compatible with the system that is already in place at the pool. There will be a second reading and public hearing at the September 8 Council meeting. Ordinance No. 91-98 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1998. Mr. Adamek introduced the ordinance. Mr. Hansley noted there was a detailed memo regarding this ordinance in Council packets. Ms. Grigsby stated that staff is requesting that Council dispense with the public hearing and vote on this legislation tonight. Mr. McCash asked how much of the S.R. 161 widening cost is being borne by state or federal dollars. Ms. Grigsby responded that the City is paying for 80 percent of the construction costs, and the state will pay for 20 percent. Certain non-allowable costs such as bikepaths and street lights will be entirely funded by the City. The estimate for the City's portion of the costs is $1 million. Mr. Smith noted that an additional benefit of this project is the combination of parking lots for three users along S.R. 161 -Tommy's Pizza, LaScala and Frank's which will reduce the curb cuts from six to two. It will be aesthetically attractive, but will add approximately $800,000 cost to the project. Mayor Kranstuber moved to dispense with the public hearing. Vote on the motion - Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes. Vote on the ordinance - Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes. Ordinance No. 92-98 - An Ordinance Authorizing the City Manager to Enter into a Lease Agreement with the Dublin City Schools, and Declaring an Emergency. Mayor Kranstuber introduced the legislation. Mr. Hansley stated this legislation gives him the discretion to finalize the lease negotiations within limits of dollars. Staff hopes to have the final lease negotiated prior to the next Council meeting. Staff is recommending that Council adopt this as emergency legislation due to the limited time the space is available and the need to occupy the building as soon as possible. The lease amount is substantially less than the market rate and will benefit both the City and the Dublin Schools. In response to Mrs. Boring, Mr. Hansley stated that the primary use of this space will be for Rec Center programming prior to completion of Phase 2. The facilities will also be used to house Service Department staff during the expansion at the Service Complex. Mayor Kranstuber moved to dispense with the public hearing and to treat this as emergency legislation. Mr. Peterson seconded the motion. . Vote on the motion -Mrs. Boring, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. Vote on the ordinance - Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Adamek, yes. Ordinance No. 93-98 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1998. Mr. McCash introduced the ordinance. He moved to amend Section 1 to read, "That there be appropriated from the unappropriated balance in the General Fund the amount of $24,300 to account 01-02-15- 2722 to transfer to the Parkland Acquisition Fund." Mr. Adamek seconded the motion. RECORD OF PROCEEDINGS Minutes of Meeting ~a._ ........._e ,..,...e a _ , ~.ee, . , , Du~Iiri~~C-icy Council Meeting age DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held A„Q„_~gg 19 Vote on the motion - Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Adamek, yes. There will be a second reading and public hearing at the September 8 Council meeting. Ordinance No. 94-98 - An Ordinance Authorizing the City Manager to Enter into a d,,y Franchise Agreement with the Fishel Company or its Designated Affiliate for the Construction, Ownership, Operation, and Maintenance of aMulti-Conduit System. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated this allows for a private company to build a public utility that the City will benefit from. Mr. McDaniel and the City's special legal counsel have worked on this extensively. The City will own some of the conduit space, and businesses located in Dublin will benefit from the other privately rented out conduit space. Staff is requesting that this be held over for public hearing on September 22, and that it be referred to the Public Services Committee. Mr. McCash moved to refer this ordinance to the Public Services Committee. Mrs. Boring seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. There will be a second reading and public hearing at the September 22 Council meeting. Ordinance No. 95-98 - An Ordinance Accepting the Lowest and Best Bid for Dump Truck Bodies, Snow Removal Equipment and Other Associated Equipment. Mr. Adamek introduced the ordinance. There will be a second reading and public hearing at the September 22 Council meeting. Ordinance No. 96-98 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $9,450,000 for the Purpose of Paying Costs of ~ Improving the Vehicular Transportation System in the City by Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Walkways, Bikeways and Viaducts, Acquiring Real Estate and Interest in Real Estate Therefor, and Providing Lighting Systems and All Other Necessary Appurtenances, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Ms. Grigsby provided brief background on this legislation. There will be a second reading and public hearing at the September 8 Council meeting. Ordinance No. 97-98 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $7,615,000 for the Purpose of Paying Costs of Improving the Vehicular Transportation System in the City by Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Walkways, Bikeways and Viaducts, Acquiring Real Estate and Interest in Real Estate Therefor, and Providing Lighting Systems and All Other Necessary Appurtenances, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated this relates to the Scioto Bridge project, and the issuance of this debt was included in the Five Year CIP. The City is scheduled to take bids on the project on September 2, and if needed, the dollar amount can be modified at the September 8 meeting. Mrs. Boring asked when Council is scheduled to review the final bridge designs. Mr. Hansley stated that Council has already reviewed the bridge designs in public session several times. Mrs. Boring stated that she does not recall reviewing the design for the intersection on the Riverside Drive side of the bridge. Mr. Kindra noted that recent memos provided to Council on right-of--way easements have included color renderings and the alignment. The basic layout of the bridge has been provided in Council packets. RECORD OF PROCEEDINGS Minutes of Meeting ,_e,.~ , ~e,~N~~e~e.~ee~~~ DAYTON LEGAL BLANK CO.. FORM NO.I I u m i y ounce ee mg age Held mug=:st 10-1 X48 19 Ordinance No. 98-98 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $4,000,000 for the Purpose of Paying Costs of Constructing, Furnishing and Equipping aMulti-purpose Community and ~ Recreational Center and Improving the Site Thereof, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Ms. Grigsby provided brief background on this legislation. There will be a second reading and public hearing at the September 8 Council meeting. INTRODUCTION AND PUBLIC HEARING -RESOLUTIONS Resolution No. 43-98 - A Resolution Extending the Interim Retail Development Controls as to Regional Retail Centers in the City of Dublin, Ohio. Mrs. Boring introduced the resolution. Mr. Smith stated this allows for an additional 90 days' moratorium as recommended by the Planning Commission. Vote on the resolution -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes. Resolution No. 44-98 - A Resolution of Intent to Appropriate a Temporary Construction Easement from Stephen Meagher Consisting of 0.0085 Acres, More or Less, in Property Located at 6992 Dublin Road, on the East Side of S.R. 745/Dublin Road, in the City of Dublin, County of Franklin, State of Ohio. Mayor Kranstuber introduced the resolution. Mr. Smith stated that staff is meeting with Mr. Meagher to work out the details regarding modification of the slope of his side yard. Vote on the resolution - Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Council Round Table/ Committee Reports MrsMrs. Borine wished Council Member Reiner a belated Happy Birthday! Mr. McCash stated: 1. He was out of town during the Irish Festival, but heard it was a tremendous success this year. 2. It appears that on the Post Road bridge, right lane, the subgrade underneath the roadway has failed and the asphalt is broken up. He asked whether staff has followed up with the contractor. Mr. Kendra responded that staff has followed up on this and it will be taken care of when a crew is brought in to finish some other items. Mr. Reiner complimented Ms. Puskarcik on the tremendous success of the Irish Festival. He thanked all of the City staff members who helped with the event. Mr. Peterson: 1. Asked for an update on ODOT's plans to close the freeway ramps during the upcoming I-270 widening project. Mr. Kendra responded that he has no further information at this time. 2. Complimented Ms. Puskarcik on the success of the Irish Festival. Mayor Kranstuber: 1. Noted that he received a letter from a citizen about paying tribute to past leaders of Dublin with some type of memorial in the Old Dublin area. This suggestion encouraged him to reflect on the history of Dublin, and brought to mind the need to have a more current history of Dublin. Perhaps the Dublin Historical Society could oversee such a project with funding from hotel/motel tax. He asked that staff give consideration to this idea. He will contact the Historical Society to discuss this further. Mr. Hansley suggested that this could be done under the Arts Council umbrella, as living history can be viewed as part of the culture of the community. The early history of Dublin has been compiled, but the later years have not. Mr. McCash stated that Council had discussed some type of memorial park or passive RECORD OF PROCEEDINGS Minutes of Meeting _ e. ee~.._~,, , e„"` "T~ii"bTiri"City""" council"electing Page 13 DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held Anu„ct 1(1~_L998 19 park at the time of the purchase of Shawan Falls. Mr. Adamek noted that he has read a book on the history of Dublin, and perhaps that writer would be willing to work on this project. Mr. Hansley stated that the name of the book is Faces of Old Dublin. It was the consensus of Council to pursue the idea of producing a more current history of Dublin. 2. Regarding the memo from Mr. Smith about setbacks along Post Road, he is not questioning the legal analysis, but believes that the case law is related more to undeveloped property. 3. He recently read in a Cleveland paper a debate about lot sizes in a suburb ranging between 2 to 4 acres, and believes that Dublin is not stringent enough in its standards. Mr. Smith responded that his memo was prompted by recent letters from property owners Halloran, Cline and Kirunan of Post Road. He believes that if their lands are developed and the City wants 200 feet of setback, it will constitute a "taking" and the City will then have to compensate them. Mayor Kranstuber stated that he cannot envision development of these residential properties into multi-family. They are large lot houses, just like Wilcox Road, or the estates in Muirfield. Discussion followed. Mr. Hansley summarized that if those property owners submit an application for redevelopment and the City requires a 200-foot setback, it will constitute a taking, based on the legal opinion rendered by Mr. Smith. a. Mr. Adamek moved to adjourn to executive session for discussion of land acquisition - matters. Mr. Reiner seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. Mayor Kranstuber announced that the meeting will not be reconvened. Mayor Kr stuber adjourned the meeting to executive session at 10:55 p.m. M r -Presiding Officer Clerk of Council S:\DATA\COUNCIL\MIN98\MIN98.A I O