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HomeMy WebLinkAbout02/03/1997 RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK Held Februa~ 3, 1997 19 Mayor Kranstuber called the formal portion of the Dublin City Council to order at 7:00 p.m. on Monday, February 3, 1997. - Update on Storm Water Management from Camp, Dresser & McKee ~ Mr. Kindra introduced the consultants, Russell Neff, Chris Calpin and Julie McGill of Camp, Dresser & McKee. He noted that tonight's presentation focuses on the findings of the northeast area final drainage analysis. The presentation will also include an overall update on the status of the city-wide storm water management project. Mr. Calpin gave a slide presentation to Council regarding three watersheds -Trails End Creek, Arrowhead Creek and Westbury Road. He discussed the status of preliminary recommendations; the pre and post development runoff analysis performed; conclusions of the runoff analysis; and the three alternatives proposed as solutions. The conclusions of the runoff analysis indicate that the detention basin design is good; that the problems of the Brooks and Ryan residences relate to the construction process; that the pipes in these areas are adequately sized; and that MORPC storm water guidelines may need enhancement in certain areas. Three alternatives were proposed: Alternative No. 1 for Trails End Creek consists of taking the ditch and regrading it so that it flows to the north, eliminating the pipe flowing under Riverside Drive from east to west. The estimated engineering construction cost is $40,000. Alternative No. 2 for Arrowhead Creek eliminates the Riverside Drive culvert, redirecting the flow at a cost of $8,000. Alternative No. 3 for Westbury Road involves eliminating the pipe under Westbury Road. The City could perform this work or contract it out for $300 to $800. He noted that Alternative No. 3 is the preferred alternative. Mr. Calpin then demonstrated the flow of the water with implementation of Alternative No. 3 and how it will affect the Ryan and Brooks properties. Brief testimony followed from Mr. Ryan regarding the water problems in the spring house on his property. Mr. Calpin indicated that only the surface water was part of this analysis, and not the groundwater. Groundwater analysis is not part of the current contract. Mr. Neff added that tracking subsurface water is very difficult, costly and time consuming. It is sometimes impossible to determine where the water is coming from, even after such a study. He would not recommend this type of investigation. Mr. Kindra indicated that the spring water is not a storm water management issue. It was the consensus of Council to proceed with Alternative No. 3 and then have staff report back on the status in May or June. Linda White, Forest Hill Road indicated that she has problems with water running into her yard. After regrading, there continues to be a problem. There is a safety issue involved with one of the retention basins in the area which in the summer has 6 to 7 feet of silt in the bottom. Mr. Calpin stated that this detention basin was designed to be wet, but is currently dry. Mr. Calpin then updated Council on the status of the storm water master plan. They are currently digitizing all of the City areas and developing models in 23 watersheds throughout the City. Nearly 75 percent is digitized at this time, and they expect the storm water study to be completed by September. Mayor Kranstuber called the formal portion of the meeting to order at 7:45 p.m. Mr. McCash led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mr. Campbell, Mrs. Boring, and Mr. McCash. Mayor Kranstuber stated that Ms. Hide Pittaluga will arrive later this evening. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL. BLANK Held FebrLarv 3, 1997 19 Staff members present were: Mr. Hansley, Mr. Smith, Ms. Grigsby, Ms. Clarke, Mr. Kindra, Chief Geis, Ms. Jordan, Mr. McDaniel, Mr. Lenz, Mr. Hahn, Ms. Crandall, Ms. Bearden and Ms. Puskarcik. Anuroval of Minutes of January 22, 1997 Meeting Mrs. Stillwell noted a correction to page 2 in regard to the minutes of January 6 where the partnership list should also include the telecommunication providers. On page 3, point 7, she would like to revise this section to more accurately reflect what she was trying to express and will forward the revisions to the Clerk. Mrs. Boring noted on page 6, under Committee reports on the last line that the review included the total cost of bringing it in house, the staff support required, and the outside counsel which would still be needed for special matters. Mayor Kranstuber moved approval of the minutes with these corrections. Mrs. Boring seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Comments from Visitors There were no comments from visitors. Council Round Table Mrs. Boring commented that: 1. She has experienced frustration with developers who do not carry out zoning - commitments. Specifically, the developer of Wedgewood Hills has not satisfactorily completed the retention pond nor the bikepath, the grading has x problems, and there are no street trees. She hopes that the legal department continues to monitor these problems. 2. In terms of telephone cable installation, she is concerned about problems such as utility outages resulting from installation and the mud tracked over the streets. She would like to see restrictions imposed on these entities. Mrs. Stillwell commented as follows: 1. Congratulations to Ms. Grigsby and the Finance Department for their Certificate of Excellence for Financial Reporting. 2. She was pleased to attend the Community Plan Steering Committee joint retreat with Planning Commission and Council on Saturday. The process is moving along well. 3. Mr. McDaniel had provided a telecommunications update in the packet. She has also shared with Council an update from MORPC on their process of developing a regional telecommunications strategy. The goal is to have a report and recommendation regarding the strategy by March 20. She thanked Mr. McDaniel and staff for their participation in the meetings. 4. She and Mr. McCash attended a transportation policy conference on Thursday and Friday. It appears that there will be few new dollars available for major and new construction projects. The tier one list includes the I-270 North widening and the Spring/Sandusky interchange improvements. Given the funding situation, MORPC is working to improve public awareness of this and studying ways to raise additional funds. This will likely involve more local contributions for roads and bridges. To that end, the Commission will be looking at things such as transportation improvements districts, different uses of TIF's, toll roads, discussions of land use and transportation and recognition of a need to move toward astate-wide policy in terms of land use. Mr. Campbell noted that the newspaper indicated that S.R. 161 between 315 and Route 33 has dropped offthe funding list. He asked for an update from staff on the status. Mr. Kindra responded that the information in the paper was incorrect. MORPC had requested state funding for the entire 161 widening project and this was turned down. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK Held February 3, 1997 19 The Dublin portion of 161 is still on line for funding. Next year, right-of--way acquisition will begin for this project and the project is still on line. Brief discussion followed about the possibility of initiating the project earlier with City funding. Mr. Kinds commented that this is not feasible due to the federal requirements for documentation on environmental impact and the federal right-of--way acquisition process. The process with federal projects is very sequential and it is not possible to move up the timing. Mayor Kranstuber commented that a City bulletin board with information of interest to residents should be installed at the Rec Center in view of the large number of patrons who look for information in that setting. Mr. Hansley responded that staffwould likely explore the use of informational kiosks in conjunction with the City's web page. He will have some options prepared by Ms. Puskarcik for further discussion by Council. Staff Comments Mr. Hansley reported that Dublin Schools have requested that he accompany them to New York City this week for a presentation before their bond rating agencies. In his absence, Ms. Grigsby will be Acting Manager. Ms. Grigsby reported that auditors are on site this week for interim testing for the 1996 audit which will be done in May. Mr. Kinds noted that the Hard Road lights and Brandonway lights are now operational. LEGISLATION Tabled Ordinances/Resolutions Resolution No. 01-97 - A Resolution Authorizing the City Manager to Arrange for a Public Auction with Minimum Bids for the Properties Purchased by the City on Jenmar Court. Mr. Hansley reported that a meeting is set for February 13 with real estate experts regarding the best way to dispose of the properties, i.e., auction versus listing the properties for resale. He will report back to Council following that meeting. Ordinance No. 105-96(Amended) - An Ordinance Establishing the Minimum Regulations Governing the Conditions and Maintenance of all Property, Buildings and Structures Known as the Property Maintenance Code. Mr. Hansley reported that a memo was included in the packet regarding this ordinance. Staff is recommending that it be referred back to Community Development Committee for further review. Mr. McCash noted that he believes the issues have been resolved and it is now ready for a vote. Mayor Kranstuber moved to take this from the table. Mr. McCash seconded the motion. Mr. Campbell pointed out that it has been Council's policy not to vote on an ordinance the same evening on which it is removed from the table unless it is tabled until a date specific. Following discussion, Mayor Kranstuber moved to amend his motion to take this from the table and set the ordinance for public hearing at the February 19 Council meeting. Mr. McCash seconded the amended motion. Vote on the motion - Mr. Campbell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. Mrs. Stillwell moved that the title of the ordinance be amended to read, "An Ordinance Adopting a Property Maintenance Code for the City of Dublin." Mayor Kranstuber seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes. Mrs. Stillwell moved that the references to the "Dublin Code of Ordinances" within the RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK Held Febr~an~, 1997 19 document be revised to "Codified Ordinances of Dublin". Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Campbell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. There will be a public hearing on the amended ordinance at the February 19 Council meeting. Second Reading & Public Hearing -Ordinances Ordinance No. 03-97 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1997. Vote on the ordinance -Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Mr. McCash, yes. At this point, Ms. Hide Pittaluga amved at the meeting. Ordinance 112-95(Amended) - An Ordinance to Amend Sections 112.15 et seq., 153.028(b), 153-050 and 153-114(a) of the Dublin Codified Ordinances with Respect to Amusement Devices. Mr. Banchefsky addressed Council regarding this ordinance. He noted that this is a staff sponsored zoning Code change which was referred to the Planning Commission. He briefly described the history of the ordinance, stating that it has been through extensive review by Planning Commission and a subcommittee of the Commission. The existing ordinance was codified in 1982 and was exclusively contained within the business section of the Code. The philosophy behind the proposed changes are to pull the expanded uses which allow video games out of the business section and put them into specific zoning ordinances with specific limitations. This will provide Council and Planning Commission as much discretion and control as possible over the expansion of video games and electronic devices. With this in mind, the proposed ordinance: 1) amends the Community Commercial section; 2) amends the Planned District and Exceptional Use District; and 3) under the Community Commercial district, the expanded use of video games is now a conditional use - a discretionary review by Planning Commission and ultimately to Council if it is challenged. The main criteria for a conditional use is that it does not have a negative effect on the community. The Planned District provides Council and Planning Commission with a lot of discretion, so a conditional use is not necessary. Exceptional use district by its own nature allows for recreational and amusement uses, so this was determined as an appropriate district for such a use. He noted that the existing ordinance allows 3 video game or electronic amusement devices in any one site or use. That stays in place, however this ordinance allows an unlimited number of electronic amusement devices within the three specified zoning districts, subject to the approval and conditions contained therein. There is also a changed definition of video games to allow for novelty gifts which could be redeemable. It also includes high technology mechanical games by handling them as something designed primarily for practice or training purposes. As this industry grows and changes, future amendments may be needed. Regarding the Community Commercial district which is a straight zoning district, the video game use must be in conjunction with a permitted use within that district and it must be an accessory to that use and not a free standing use in itself. The definitional section provides that accessory uses shall be supplemental to the main use of the building where the area devoted to such use does not occupy more than 25 percent of the room in which the use is located or 15 percent of the building or tenant area. A second limitation is that the video games cannot exceed 10 percent of the building area, and that assigns a 25 square foot allocation for each video game. The goal here is to not have free standing video games and to provide as much discretion as possible in the review process. Other provisions in the ordinance which were changed during the review by Planning Commission are: liquor provisions within the existing ordinance were removed as they RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK Held February 3, 1997 19 aze controlled by state code; there aze general operating conditions which have not been changed and which may be cumbersome; gambling provisions aze unchanged; operation by minors and during school hours have not been changed, and there aze some issues regazding their enforceability. The City Manager is authorized to issue permits as before and to rescind permits in a nuisance situation. Under this ordinance, the Manager can also adopt administrative rules for the devices if conditions warrant. The last half of the ordinance adds mechanical or electronically operated amusement devices as either conditional or permitted uses in those three zoning districts. He then offered to answer any questions from Council. Mr. Campbell summarized that presently, there are limited circumstances where video games can be added. This amendment would allow 3 zoning districts substantial increases, but they would be required to have significant review through the Planning Commission process. Once the site is approved, the operations would then be governed by administrative regulations. He asked what kind of control or restrictions aze put in place with this ordinance in regard to operations. Mr. Banchefsky responded that these games aze licensed annually, and if there is a problem with the operation, the license may not be renewed. An appeal on this would come to Council. Mr. McCash commented that he believes the accessory use definition still needs some revision as there is a conflict between the way accessory use is defined and Section (A)3 on community commercial requirements. For example, in a strip shopping center, a 2,000 squaze foot tenant would be allowed 25 percent of the space for an accessory use. Mr. Banchefsky clarified that it is 25 percent of the tenant space or 15 percent of the building, whichever is less. Within that defined video game area, you cannot have more than 10 percent of the building space occupied by actual games calculated at 25 squaze feet per game. Mr. McCash stated that in a strip shopping center then, the total squaze footage of video game azea that is an accessory use to each of the tenants, the aggregate total of that cannot exceed 15 percent of the building azea of the strip center. Mr. Banchefsky stated that in that case, it would be a tenant space by tenant space analysis. Following further discussion, Mr. McCash stated that he believes 112.17(A)3 needs some further clarification. Mr. McCash also noted in regazd to the definition for nominal value that there may be some language in other jurisdictions which may be helpful. Mr. Banchefsky stated that they will give this some consideration as well. Mr. Banchefsky noted that following Planning Commission's approval, Ms. Chinnici- Zuercher, Planning Commission Chair, found some information on the Internet regarding ratings for video games in terms of violence and/or sexually oriented content. This information has not been reviewed by the Legal department; however, Mr. Shepherd has provided information regarding an industry adopted rating system and indicated he has no objection to a rating provision being included in this ordinance. Mrs. Stillwell asked if the fees will be set as part of the MSI process. Mr. Banchefsky responded affirmatively. Mrs. Stillwell further commented regazding the "Whereas" clauses of the ordinance, noting that the first two portions are not necessary for inclusion. She believes it is Council's role to focus on the health, safety and welfaze of the citizens as outlined in the third portion. She suggested eliminating the word "continued" in the third "Whereas" section. Mr. Banchefsky suggested keeping the second clause as it articulates one of the bases for the ordinance. Mr. McCash stated that the second clause focuses on the issues and concerns Council has in desiring to continuing to regulate these devices. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LE AL BLANK Held February 3, 1997 19 Mrs. Stillwell suggested deleting the first "Whereas" section; deleting the words "and appropriate" in the second; and deleting the word "continued" in the third clause. It was the consensus of Council to make these changes. Mrs. Boring requested that the Planning and Zoning Commission records and Ms. Chinicci-Zuercher's information be provided in the next Council packet. She added that Mr. Shepherd has also distributed a video to Council regarding a similaz game facility in Cincinnati. Mayor Kranstuber stated that this ordinance was introduced under the previous Charter, and therefore a third reading will be held on February 19. INTRODUCTION & FIRST READING -ORDINANCES Ordinance 0497 - An Ordinance Authorizing the City Manager to Enter into a Three-Year Contract with the Law Director. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that this contract comes to Council with a positive recommendation from the Finance Committee and from staff. The contract is for athree-year period; allows for delinquent tax collection to be done on a contingency basis; provides for a flat fee of $70,000 for Mayor's Court services; and allows for staff and/or Council to work with the Law department on a flat fee basis for other projects. There aze a .couple of minor modifications to be made prior to the second reading: changing "Manager" to "City Manager"; clarifying in Section 4(a) that only delinquent tax collections will be made by the law director's office and not all tax collections. Mrs. Stillwell asked if it is typical to include a termination provision within the contract. Mr. Hansley responded that this could be added if it is the desire of Council. Mr. Campbell commented that having an opportunity for termination of the contract for cause was discussed during the Committee review. Mr. Smith did not object to the addition of such a provision. Mr. Hansley stated that this language can be added prior to the next reading. Ms. Hide Pittaluga stated that her only concern with athree-yeaz agreement is the lack of flexibility in considering in-house counsel during that period of time. She believes that over time, in-house counsel will be needed. Mr. Hansley responded that Council typically considers this matter every two to three yeazs, and this can be revisited at that time. Mayor Kranstuber stated that there will be a second reading and public hearing of the ordinance on February 19. Ordinance 05-97 - An Ordinance Authorizing the City Manager to Enter into an Agreement with 7-Up for the Exclusive Privilege to Sell Soft Drinks in City Facilities. Mr. Hazding stated that the intent of staff was to have this considered as a resolution and not an ordinance. It was inadvertently given an ordinance number and staff is recommending it be a resolution in consideration of the temporazy nature of the legislation. Mr. Campbell stated that in view of the 10-year contract provided for within the legislation, he would be more comfortable with an ordinance form and a second reading on the matter. Mayor Kranstuber introduced the ordinance. Mr. Hansley noted that a memo was provided to Council in the packet regarding this ordinance. There was a competitive process involved in the negotiations for the privilege to sell, and staff is not awaze of any officially aggrieved parties in this action. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK Held February 1997 lg Mr. McCash asked for some clarification regazding the 10-yeaz projection bases. Mr. Hazding responded that staff allowed 7-Up and Pepsi a 45-day trial period to test their products in this market. The 7-Up products sold better than the Pepsi products. With the sales volumes of 7-Up, the projection by staff was that over 10 years, the product would outperform Pepsi products. Combined with the up front payments, staff determined that 7-Up would be a better option. Mr. Hansley added that the Rec Center will have a large volume of users and staff's research has shown that the specialty drinks offered by 7-Up will outperform the Pepsi products in this mazket. Mrs. Stillwell commented that in view of the fact that this is a new venture for the City, she would prefer a shorter term contract. Mr. Hansley responded that the longer term provides more revenue to the City. Dublin is the first city to undertake this venture. The Southwestern School district contract was used as a model for this agreement, but he is not certain about the length of their contract. Ms. Hide Pittaluga stated that she agrees that 10 years is too long of a period of time for this contract. Mrs. Boring stated that providing this product for the residents is a desirable service. There is a financial benefit in a longer term contract, obviously. There aze some positive points in this, i.e., not having to provide advertising in exchange for this service. Mr. Hansley added that over the past years, the vendors have enjoyed the profits from the machines in City buildings. This offers the City the opportunity to shaze in those profits by housing the machines. To change the length of the contract at this point, new bids would have to be taken. Mr. McCash asked if this contract will lock in a product price for 10 years. Mr. Hansley responded affirmatively. Ms. Hide Pittaluga asked if the City would be restricted to 7-Up products if they should decide to add food service at the Rec Center some time in the future. Mr. Hansley stated that this will be a restriction for the next 10 years. Mr. Hazding added that the contract will not cover special events; the City can pursue sepazate providers for those events. Mr. Kranstuber asked about booster groups selling beverages at outdoor swim club meets, and whether this would prohibit them from selling other than 7-Up products. Mr. Hazding indicated he believes this would be a special event type of situation which could be addressed within the language of the agreement. Mr. Harding added that this contract would not cover the vending at Avery Pazk. Mr. Campbell commented that the memo specifies "City-owned facilities", and given tonight's discussion, it is important to ensure that the outside groups that do fund- raising at places such as Avery Pazk, the outdoor pool, and special events aze specifically excluded in the contract. Mr. Hansley stated that the vendor is awaze that these azeas will be excluded from the contract. Ms. Hide Pittaluga asked that Council be given a copy of the contract. Mr. Hazding responded that tonight's ordinance gives staff the authorization to pursue a contract. Staff will provide a copy of the contract to Council when drafted. Ordinance 06-97(E) - A Ordinance Accepting the Bid for a Traffic Signal for Avery-Muirfield Drive at S.R.161 Ramp Intersection, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Meeting OAYTON LEGAL BLANK Held February 3, 1997 19 Mr. Kindra stated that this provides for a temporary traffic signal in conjunction with the intersection work. Staff is requesting emergency action due to the traffic congestion in the area and in order to complete the work prior to the Memorial Tournament. Mr. Campbell moved to treat this as emergency legislation and dispense with the public hearing. Mr. McCash seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Mrs. Boring asked if staff has had previous experience with this company. Mr. Kindra stated that this company has worked for the City and staff has been satisfied with the quality as well as the timeliness of their work. Vote on the ordinance -Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Ordinance 07-97 - An Ordinance Providing for a Change in Zoning for 123.85 Acres of Land Located on the East Side of Dublin-Bellepoint Road, Opposite Memorial Drive and River Forest Road from: R-1, Restricted Suburban Residential District to: PUD, Planned Unit Development District. (Amberleigh North) The clerk noted that due to a process error, this ordinance did not have a before Council prior to Planning Commission review. However, it has been reviewed by Planning Commission now; their recommendations are forthcoming; and a public hearing before Council is tentatively scheduled for February 19. Mrs. Stillwell introduced the ordinance. Mayor Kranstuber noted that it will be held over for public hearing on February 19. Mayor Kranstuber noted that the following ordinances involve construction easements/appropriations. He moved to waive the Council Rules of Order to read the following ordinances by number only and property owner, to introduce the ordinances, to dispense with their public hearing, and to treat them as emergency legislation. These ordinances include Nos. 09-97, 10-97, 15-97, 17-97, 18-97, 19-97, 20-97, 21- 97, 22-97, 24-97, 25-97, 27-97, 28-97 and 29-97. Mr. Campbell seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. There were no property owners present who came forward to testify. The clerk then read into the record the property owners names from the ordinances. Mr. Banchefsky noted that two of the ordinances originally referenced Coffman Road and these should be revised to "future Emerald Parkway". It was the consensus of Council to make these revisions to Ordinance Nos. 28-97 and . 29-97. Mr. McCash suggested that the language in the utility easements along right-of--ways be revised in the future so that the City does not need to pay for temporary easements in these areas. Ordinance No. 09-97 - An Ordinance To Appropriate A 0.046 Acre Temporary Construction Easement And A 0.028 Acre Fee Simple Interest In Property Owned By Alan E. Amstutz And Sue A. Amstutz, Located On The West Side Of Coffman Road, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LE AL BLANK Held Fehn~an~ 3, 1997 19 Ordinance No. 10-97 -An Ordinance To Appropriate A 0.017 Acre Temporary Construction Easement And A 0.010 Acre Fee Simple Interest In Property Owned By Greg B. Bennett And Margaret S. Bennett, Located On The West Side Of Coffman Road, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 15-97 Easement And A 0.176 Acre Fee Simple Interest In Property Owned By Jay B. Eggspuehler, Located On The East Side Of Coffman Road, In The Township Of Washington, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 17-97 - An Ordinance To Appropriate A 0.019 Acre Temporary Construction Easement In Property Owned By Gullway Bay Investment Company, Located On The West Side Of Coffman -Road, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 18-97 - An Ordinance To Appropriate A 0.020 Acre Temporary Construction Easement And A 0.006 Acre Fee Simple Interest In Property Owned By Clyde W. Gaston And Marla A. May, Located On The West Side Of Coffman Road, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 19-97 - An Ordinance To Appropriate A 0.005 Acre Temporary Construction Easement And A 0.001 Acre Fee Simple Interest In Property Owned By Joseph M. Hegedus And Robin Hegedus, Located On The West Side Of Coffman Road, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 20-97 - An Ordinance To Appropriate A 0.028 Acre Temporary Construction Easement And A 0.004 Acre Fee Simple Interest In Property Owned By Paul G. Powell And Deborah A. Powell, Located On The West Side Of Coffman Road, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 21-97 - An Ordinance To Appropriate A 0.033 Acre Temporary Construction Easement And A 0.032 Acre Fee Simple Interest In Property Owned By James E. Powell, III And Dawn Powell, Located On The West Side Of Coffman Road, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 22-97 - An Ordinance To Appropriate A 0.034 Acre Temporary Construction Easement And A Combined 0.006 Acre Fee Simple Interest In Property Owned By Jeffrey Sanese, Located On The West Side Of Coffman Road, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 24-97 - An Ordinance To Appropriate A 0.113 Acre Temporary Construction Easement In Property Owned By The Church Of Jesus Christ Of Latter-Day Saints, Located On The West Side Of Coffman Road, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 25-97 - An Ordinance To Appropriate A 0.034 Acre Temporary Construction Easement And A 0.004 Acre Fee Simple Interest In Property Owned RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK Held Fehn~an~ 3, 199'7 19 By Louis E. Tiberi And Betty Ann Tiberi, Located On The West Side Of Coffman Road, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 27-97 - An Ordinance To Appropriate A 0.266 Acre Temporary Construction Easement And A 0.363 Acre Fee Simple Interest In Property Owned By Wallace, Bradley & Wallace, Located On The North Side Of Post Road, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 28-97 - An Ordinance To Appropriate A Combined 0.404 Acre Temporary Construction Easement, A Combined 4.536 Acre Fee Simple Interest, A Combined 0.915 Permanent Utility Easement, In Property Owned By Dorothy Thomas And Bancohio National Bank kna National City Bank, Located On The North And South Sides Of Future Emerald Parkway, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Ordinance No. 29-97 - An Ordinance To Appropriate A Combined 0.655 Acre Temporary Construction Easement, A Combined 1.53 Acre Fee Simple Interest, A Combined 0.516 Permanent Utility Easement, And A 0.024 Storm Drain Easement In Property Owned By The Estate Of Frank F.Thomas, Marian Thomas, Dorothy Thomas And Banchio National Bank nka National City Bank, Located On The North And South Sides Of Future Emerald Parkway And The North And South Sides Of Perimeter Drive, In The City Of Dublin, County Of Franklin, State Of Ohio, To Amend The Annual Appropriations Budget And Declaring An Emergency. Yote on the Ordinances -Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. OTHER Discussion regarding Funding of School Safety one Improvements at St Brigid School Ms. Hide Pittaluga, Public Services Committee reported that the Committee could not reach consensus on a recommendation for this matter. The issue in this case is whether the City or the church will pay for the safety zone improvements in front of the school, or whether a cost sharing arrangement should be worked out. Monsignor Paul Enke, t Br~gid's pastor, 7144 Averv Road stated that the school does not view this as an issue of private versus public schools. They have made a large investment in the school and believe that it is an important option for the community. Their concern now is for the safety of the children. The safety of its citizens is the responsibility of the City, and if other schools have flashing lights, they believe St. . Brigid's should as well. It is not a religious issue, but a public safety issue. If Council wants to set up some type of standard for the community for all schools, that is fine. However, if it is true that only public schools will be provided these improvements, it is not appropriate. St. Brigid's parish represents 2,000 households which all pay taxes to Dublin. Toni Taylor, 7180 Innisfree Court stated that she had attended the Public Services Committee meeting on this matter. Neither the Ohio Revised Code nor the Manual of Uniform Traffic Control Devices distinguishes between public school and private schools. St. Brigid's is merely requesting the same consideration given to the public schools. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK Held February ~y 1997 19 Kevin Hartman, Principal, 9351 Jerome Road stated that he is here to support the comments made by Monsignor Enke and noted that he shares the concerns about safety. They will in the future have 600 students, and additional safety features would be appreciated. There are both walkers and bike riders who attend the school. Mr. Campbell stated that he believes kids are kids, and it makes no difference where they attend church or school. They deserve the same protection from the City. His primary concern is with the safety of children in the community. They are all taxpayers for the community. Perhaps some threshold should be established in terms of school size for provision of these improvements. There should be equal thresholds for public and for private schools. He will vote in favor of providing these safety improvements. Mayor Kranstuber stated that he is in agreement with Mr. Campbell. Ms. Hide Pittaluga added that the discussions involved K through 12 grade level schools and not preschools, as preschool children are generally closely supervised on their way to and from school. She is in favor of the City providing these improvements for the following reasons: Council is charged as public officials with ensuring the health, safety and welfare of the community; this represents a very small portion of the City's budget and is not an issue of economics; there is not a need for a partnership arrangement for funding; private schools struggle to pay for their operating costs, and this would be a burden for them. There is a high public benefit and low cost to the City for these mostly Dublin residents. All citizens should be given the same consideration. w Mr. McCash stated that he is a member of St. Brigid's, however his children attend Dublin schools. He does not believe that there should be an issue of public versus private school; it is purely a public safety issue. Any non-public school provides many intangible benefits to the community, especially in improving the youth of the community. Mrs. Stillwell stated that the children's safety is the paramount issue for the community. In terms of policy, Council has made an effort to have developers contribute to improvements such as these. She was seeking a partnership with the schools in developing a policy. Cost sharing was more of a principle than an actual amount of money or percentage of the budget. The safety of the children is a community responsibility to be shared. Mrs. Boring stated that she is in agreement with Mrs. Stillwell on this matter. It is important to look at the far reaching implications of tonight's action. How will Council handle safety concerns of Dublin residents who attend schools outside of Dublin, such as Chapman Elementary? And if Hilliard Schools build a school within Dublin's boundaries, who will pay for the safety improvements? These are future policy decisions which will be affected by tonight's decision. Mr. McCash noted that the key factor here is whether the school is located within the Dublin boundaries. Dublin is responsible to ensure the safety of citizens within its boundaries. Mayor Kranstuber stated that he does not intend to adopt a policy tonight with this action. He is merely agreeing to provide safety improvements for St. Brigid's School. Mr. Hansley stated that the policy being adopted by tonight's action could be that each case is considered on its own merits and circumstances. RECORD OF PROCEEDINGS Minutes of Meeting DA1?ON LEGAL BLANK Held February 3, 1997 19 Discussion continued about how tonight's decision will set policy. Mr. Campbell commented that tonight's agenda item was not adoption of a policy regazding safety zone improvements for schools. The agenda item was specifically for funding St. Brigid's School safety improvements. Mr. Campbell moved to grant the funding of the school safety zone improvements at St. Brigid's School. Mr. McCash seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. Ms. Hide Pittaluga suggested that the policy be sent back to Public Services Committee for further review. Mr. McCash moved that the policy issue of flashing lights for schools be referred to the Public Services Committee for recommendation back to Council. Mr. Campbell seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Mr. Hansley noted that the funding of the school safety zone improvements will require an additional appropriation. This will be brought to Council at the next meeting. Committee Reports Ms. Hide Pittaluga, Public Services Committee noted that the scheduled February 10 meeting for the purpose of a telecommunications update needs to be rescheduled since all Council members are not able to attend. Following discussion, it was the consensus of Council to meet on Tuesday, February 25 at 7:00 p.m. She noted that the next regular meeting of the Committee is scheduled for Wednesday, February 12 at 9 a.m. for the purpose of discussing the Dublin Road bikeway funding. Mr. Campbell noted that Council had discussed the appointment of the Finance Committee chairperson at their last executive session and suggested that Council take formal action on this matter. Mrs. Stillwell moved to appoint Mr. Campbell as the Chair of the Finance Committee. Mayor Kranstuber seconded the motion. Vote on the motion - Mrs. Stillwell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes. Mr. Campbell stated that he will meet with the Finance Director to discuss the meeting schedule for the year. He is hopeful that following appointment of a third member to Finance Committee, the bed tax review can begin. Mrs. Stillwell, Administrative Committee stated that they met on Thursday, and she reported the following: 1. Board and commission interviews are being scheduled for March 1. Thank you to Mr. Sprague and Mr. Lecklider who are serving on both P&Z and BZA in this interim period. 2. The Committee is working on a travel policy for members of boards and commissions which will be forwarded to Council for review. There have been some requests for members to travel out of state to conferences and there is a need for a policy. 3. The Cemetery Commission and Parks and Recreation Advisory Committee were requested to provide a list of unfinished agenda items to Council. The PRAC agenda items will be forwarded to the Committee following the meeting on February 12. The Cemetery Commission items are as follows: a. Possible expansion of cemeteries and possible privitization; b. The 5-year beautification project; RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK Held Febr~arv ~ 1997 19 c. Restoration of the Mitchell Cemetery; d. Possible cemetery locations for future Art in Public Places projects. The Committee recommends that the Commission continue to proceed with consideration of these agenda items. It was the consensus of Council that the Commission should continue to work on these items. 4. In terms of the strategic planning workshop for March 21 and 22 and its content, the Committee suggests reviewing goals and their status and updating them, and looking at possible additions and refinement. She, Mr. McCash and Mayor Kranstuber will meet with a prospective facilitator in the next week. 5. She asked for reaffirmation by Council in regard to the annual State of the City program. The Committee suggests continuing that program concept which is targeted to the business community and involves the Chamber of Commerce. A date has been set for a brown bag luncheon at the 5800 Building on a Tuesday in March. The Administrative Committee also suggests having a separate town hall meeting for residents in conjunction with the Community Plan effort. This would be held earlier in March, and would offer an opportunity for citizen involvement in a large community meeting. Mayor Kranstuber noted that in view of the low attendance at these types of event, he would not want to involve substantial effort in a town hall meeting. If the concern is communication, it can be done through the paper as the schools do by publishing their annual report. Discussion followed about the direction Council has given to staff about these programs. f~. Ms. Puskarcik stated that the annual State of the City program will not be changed in its format which involves a presentation by the City Manager to the audience. What will be different is opening up the audience to a larger community group -residents, school representatives, etc. The program will not be a Chamber dinner with invitations to the business community only. Mrs. Stillwell commented that as the leadership body of the City, she believes it is important that Council participate in the presentation as well. It was the consensus of Council that the Mayor should give an introduction and welcome at this program and that staff will do the presentations. 6. The Administrative Committee is also continuing to work on the Rules of Order, and a relationships management strategy. 7. The new communications plan will soon come to Council and she assumes will be referred to Administrative Committee. Ms. Puskarcik stated that in the past, the strategic communications plan was provided to Council in the packet for adoption. Since the process previously involved the community and Council was represented in the effort, changes were not made by Council. The communications plan now coming to Council is not acmmmunity-wide plan but instead a City communications plan. She noted that it is not necessary for Council to refer it to Committee, but she would like to present it to Council for affirmation. Much of the plan has already been discussed during the budget process; however, she will look to Council to fine-tune the Council portion of the communications plan. Mayor Kranstuber requested that the plan be included in an upcoming packet for adoption by Council. Mrs. Boring wished Ms. Grigsby a "Happy Birthday" this week. Mayor Kranstuber moved to adjourn to executive session for the purpose of discussion of personnel matters. He announced that the meeting will not be reconvened following the RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK Held Fehn~arv 3, 1997 19 session. Mrs. Boring seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. • ~ McCash, yes; Ms.Hide Pittaluga, yes; Mrs. Boring, yes. - The meeting was adjourned to executive session at 10:30 p.m. ayor -Presiding Officer ~ C~ Clerk of Council - .y