Loading...
HomeMy WebLinkAbout02/19/1997 RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK Held Febr~arT 19, 1997 19 Mayor Kranstuber called the Dublin City Council meeting to order at 6:15 p.m. on Monday, February 19, 1997. He moved to adjourn to executive session to discuss personnel matters. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Campbell, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mrs. ' Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. The meeting was reconvened at 7:00 p.m. Boy Scout Troop 2281ed the Pledge of Allegiance. Staff Comments Mr. Kindra commented as follows: 1. Two new staff members have joined the Engineering division: Fred Tennyson, Civil Engineer and Paul Selegue, Project Inspector. There will be a welcoming reception on Friday, March 7 at 3:30 p.m. at the Department of Development. 2. He will bring information to Council at the next meeting under "Staff comments" regarding the proposal for enhancing the I-270 bridge structure in cooperation with ODOT. 3. A draft agreement with the Franklin County Engineer's office for Tuttle Crossing improvements was forwarded to Council recently. He will have this legislation on the next Council agenda as a first reading. Chief Geis reported that the Police division 1996 annual report was distributed to Council tonight. This is a requirement for maintaining the accreditation for the Police division. Ms. Clarke reported the following: 1. She has distributed to Council this evening an ordinance for a City initiated rezoning for a minor text change for the Chakeres/Wheatley/Puckett properties. Staff is requesting that it be referred to Planning Commission. 2. The preliminary plats for Wyndham Village will be on the next Council agenda due to some additional review time required for them. 3. Signs alerting adjacent property owners to public hearings on rezonings are now being erected, and she showed Council an example of such a sign. Brief discussion followed regarding the justification for the City initiated text change described by Ms. Clarke. Mayor Kranstuber called the formal portion of the meeting to order at 7:15 p.m. R 11 11 Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mr. McCash, Mr. Campbell, Mrs. Boring and Ms. Hide Pittaluga. Staff members present were: Mr. Smith, Ms. Grigsby, Mr. Harding, Ms. Clarke, Mr. Kindra, Chief Geis, Ms. Jordan, Mr. Lenz, Ms. Bearden and Ms. Puskarcik. Approval of Minutes of February 3, 1997 Meeting Approval of the minutes was delayed until the March 3 Council meeting. Proclamation Stephanie TerMeer, Dublin Scioto High School student was honored for her many community service activities and given a proclamation by Mayor Kranstuber. Comments from Visitors Ryan and Kristen McKee, students from St. Brigid of Kildare thanked Council members for approving funds for the school safety zone improvements on Avery Road. Mel Swanson, 7061 Wichita Drive expressed his concern over the muddy conditions of Avery Road in the area where construction is currently underway near Perimeter Loop Road, and his frustration with the City's response to his phone calls over the past few months. He distributed a memorandum to Council with the chronology of complaint calls RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held Fehn~an~~ 19 1997 19 and the City Manager's responses. He was referred to the City Manager by the Mayor's office, and Mr. McCash had also provided some assistance in resolving these problems. If there is a law requiring contractors to cleanup mud and debris, why is it not being enforced? Why is the City cleaning up the contractor's mess, and what is being charged for this clean up? Why can't it be written in all of the Planning text for projects that clean- w~ up is mandatory? The City should shut down the work when these conditions are not addressed, not merely assess the contractor for the clean-up costs. He asked Council to investigate this to see what can be done to resolve this ongoing problem. Mr. Smith commented that the ordinance requires contractors to keep the roadways clear of debris and to clean up mud. This seems to be an enforcement issue. Chief Geis stated that the Police division has received several complaints about the Avery Road areas under construction. The police have done enforcement action there as the operator tracking mud on the roadway is legally liable. Several citations have been issued. Mr. Banchefsky added that the present ordinance provides fora $100 fine for the first offense which is ultimately assessed to the building permit holder; the second offense fine is $300; the third offense fine is $500. There are also provisions within the ordinance to withhold occupancy permits for a project. He believes that the present ordinance is strong enough to deter this problem. Mr. McDaniel stated that he has met with the project manager on several occasions and ordered that the street be cleaned. He believes the ordinance may need to be revisited to strengthen the provisions in view of all of the public and private improvements planned over the next few years. He agrees that there is a problem with the Avery Road construction project. Mr. Swanson stated that he will contact Mr. Hansley each time there is mud on the road in the future. The mud situation requires repeated car washings for residents who drive through the area. Council Round Table Mrs. Stillwell commented that she noticed in the paper yesterday that another Dublin High School student, a senior at Dublin Coffman won the Dispatch's outstanding newspaper carrier award. There are many young people, including Stephanie TerMeer who was honored by Council this evening, who exhibit wonderful leadership skills in the community. Ms. Hide Pittaluga commented: 1. The City's web site looks great -congratulations to Ms. Puskarcik for her division's hard work on this project. 2. She enjoyed reading Inside Dublin and learning about the types of information which residents find most valuable, namely seasonal events/calendar information. Correspondence The clerk reported that a notice regarding a new D-3 liquor permit notice was sent to Council for Shariar Kazemi at the southwest corner of Avery Road and Woerner-Temple Road. A letter from the applicant was provided in the Council packet. There was no objection from Council to the issuance of this permit. LEGISLATION Second Reading & Public Hearing -Ordinances Ordinance No. 96-96 (Amended) - An Ordinance Providing for a Change in Zoning for 2.6871Acres of Land Located on the Southeast Corner of Avery- Muirfield Drive and Post Road from: LI, Limited Industrial District, to: PCD, Planned Commerce District. (Applicant: Dublin City Council, 6665 Coffman Road, Dublin, OH 43017; and Title Research, Inc. And Ashland Chemical c/o John RECORD OF PROCEEDINGS Minutes of Meeting DAN N L AL BLANK Held February 19 1997 19 Thaxton, SuperAmerica Senior Regional Real Estate Manager, Suite DAC2, 5200 Paul G. Blazer Memorial Parkway, Dublin, OH 43017) Registered in favor of the rezoning were: Chris Cline, 6060 Post Road; John Thaxton, r 318 Avon Court. There were no registered opponents to the rezoning. Mr. McCash noted that Council reviewed the final development text prior to Planning Commission review. The only change made at Planning Commission was to the maximum density of the site -previously, the text specified 15,000 square feet per acre and it was revised to 12,000 square feet per acre with surface parking, 15,000 square feet with structured parking. Ms. Clarke showed slides of the site and surrounding area. This rezoning is a follow- up measure to a failed rezoning request which would have included a SuperAmerica gas station, fast food sales, an oil change facility and car wash. Council believed it was important to initiate a rezoning to eliminate the existing LI zoning in the midst of an otherwise residential neighborhood. A collaborative effort of the neighborhood representatives, staff, Council, and Ashland representatives worked out an agreed upon text for this rezoning. This rezoning will permit suburban office and institutional uses on the site, office/laboratory and research uses, veterinary hospitals without kennels, or drive-throughs in association with permitted uses. Planning Commission recommended approval on January 16, 1997 with one condition: that the development text be revised to limit the maximum density to 12,000 square feet of building per acre or 15,000 square feet with structured parking and the maximum lot coverage to 70 percent. Chris Cline, 6060 Post Road, representing Dublin Neighbors for a Planned Community stated that they support this proposal which is similar to the 1987 proposal for this ~ piece of land. This rezoning text carries through the original Perimeter Center plan and the City's vision for planned development along the gateway to Dublin. He thanked Council and Ashland for their work on this rezoning. John Thaxton, 318 Avon Court stated that he represents SuperAmerica. The text before Council reflects what was agreed to at Planning Commission, however he does not recall that Exhibit A, "Dublin Lighting Guidelines" was a part of the approved text. His recollection is that the text indicated that all site lighting shall comply with Dublin zoning code. He does not, however, object to the inclusion of Exhibit A. Mrs. Stillwell asked why the staff recommendation included 5 conditions and only one condition was appended by Planning Commission. Mr. McCash indicated that the conditions recommended to Planning and Zoning Commission were addressed within the revised text. Mayor Kranstuber moved approval of the Ordinance with the condition of Planning and Zoning Commission as listed in the Record of Action of January 16, 1997. Mrs. Boring seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes. Ordinance 105-96(Amended) - An Ordinance Adopting a Property Maintenance Code for the City of Dublin. Ms. Grigsby noted that this item was taken off the table at the last Council meeting and scheduled for public hearing tonight. Mr. McCash, Mr. Lenz and Mr. Banchefsky have worked on this legislation. Mr. McCash indicated that for existing buildings, the building code requirements in place at the time the building was built are the standard. However, a hazardous condition definition has been added to the ordinance which minors the Ohio Basic Building Code and Ohio Revised Code definition. Having a property maintenance code in place will be in the City's best interests during the upcoming grading of building departments for insurance purposes. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Held Fehr~arv 19, 199'7 19 Mr. Campbell commented: 1. He has concerns with the ex post facto features of this law, namely creating laws that apply to previously existing conditions. 2. Secondly, there is a potential for selective enforcement -people could pick out particular structures for enforcement action. This may be a "big brother" type of approach which will infringe on some people's choices to live with what they consider to be an acceptable hazard. 3. This will add tasks for the building department for existing structures when they have difficulty keeping up with applications for new structures. 4. There should be a very compelling reason to create this property maintenance code, and he does not believe this is the case. It does not seem that the insurance industry requirements necessitate adoption of this code. 5. A risk could also be created for those who sell their homes and have to meet standards contained within the property code. Mr. McCash noted that there is a provision added that a homeowner cannot be held to a stricter standard than that code under which the house was constructed. In terms of the historic homes, there would have to be a serious hazard to necessitate invoking the maintenance code provisions. He does not see this as a selective enforcement issue. Mr. Lenz noted that there have been situations in the City, such as house moving or abandoned buildings where the Building division has no authority to regulate under the present code. The intent of a property maintenance code is to address those types of situations. In terms of staffing, the Planning division will share the zoning officer's time with the building division for this enforcement. There is no intent to use this code y y to pursue a vendetta of one neighbor against the other. Mr. Campbell pointed out again that at a future date, this law could be applied and could be subject to abuse. Mrs. Stillwell agreed that this seems to be an overkill way to handle the situation. Ms. Hide Pittaluga stated that she believes people in the future will use good judgment and will not abuse it. She therefore supports the legislation. Mayor Kranstuber stated that as more multi-family housing is built in the City, there may be a need to address serious hazards within this property maintenance code. Vote on the ordinance - Ms. Hide Pittaluga, yes; Mr. Campbell, no; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, no; Mrs. Stillwell, no. Mayor Kranstuber stated that the vote was tied and therefore no action was taken. Discussion followed about whether to give further consideration to this issue at a later date. Since there was no prevailing side, the ordinance could not be reconsidered but would instead have to be reintroduced. There was no further comment. Ordinance 02-97 -An Ordinance Providing for a Change in Zoning for 2.1 Acres Located on the Southwest Corner of Shier-Rings Road and Scherer Place from: RI, Restricted Industrial District, to: PCD, Planned Commerce District. (Performance Films - 6365 Shier Rings Road) (Applicant: Tara Group Ltd., an Ohio Limited Partnership, c/o George R. Lewis, 6365 Shier-Rings Road, Dublin, OH 43016) There were no registered proponents/opponents of the rezoning. Ms. Clarke stated that this building was built as an office/warehouse structure conforming within the LI district. The applicant proposes a bike shop which assembles bikes and provides servicing, however the LI district does not permit that type of retail RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held Febr~arv 19, 1997 19 establishment. In addition, they would like to include an insurance office which is not a permitted use. The property owner in this case has amulti-tenant building and would like to include office uses and a small retail component. The maximum size of each w one of those would be limited to 15 percent of the overall building area. She showed slides of the area and noted that Planning Commission approved the application on February 6, 1997. Vote on the ordinance -Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ordinance 0497 - An Ordinance Authorizing the City Manager to Enter into a Three-Year Contract with the Law Director. Ms. Grigsby noted that changes were made to the contract following discussion at the last Council meeting. These include a termination for cause provision, revising the income tax collection to only delinquent collection, and clarification regarding paying the cost for the Law Director to attend the National League of Cities conference. Vote on the ordinance -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Ordinance 05-97 - An Ordinance Authorizing the City Manager to Enter into an Exclusive Privilege to Sell Agreement for Soft Drinks in City Owned Facilities. Mr. Harding reported that the agreement adopted in concept with this ordinance provides for a firm price of the product over the 10-year period. Mr. Campbell noted that if the price of the product increases over the 10 years, the City loses the ability to share in any price increases. While the City is receiving up front money for this privilege, he believes this is a better deal for 7-Up than for the City since it is such along-term contract. Mrs. Boring commented that, presently, the City receives nothing for providing vending machines in City buildings. This represents an opportunity to share in the profits generated from the machines. Mayor Kranstuber commented that 10 years is a long time to be locked into a contract. He does not believe the up front money is adequate. The City loses flexibility with this long-term contract. Following further discussion, Mr. Campbell moved to table the ordinance indefinitely. Mrs. Stillwell seconded the motion. Mr. Campbell indicated that the basis for the motion to table is to allow an opportunity for staff to negotiate a shorter period of time for an exclusive privilege. If staff can do so, Council could then take this off the table for a vote. Vote on the motion - Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, 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 f. Memorial Drive and River Forest Road from: R-1, Restricted Suburban Residential District to: PUD, Planned Unit Development District. (Amberleigh North) (Applicant: Amberleigh Estates Associates by Charles P. Driscoll, Vice President, 500 South Front Street, Suite 770, Columbus, OH 43215) Registered as a proponent of the rezoning was Al Celli, 8285 Dublin Road. There were no registered opponents. Ms. Clarke stated that this rezoning is for 123 acres on Dublin Road north of Donegal Cliffs subdivision. The application has been in process since late 1995. It includes 204 dwelling units, 139 single family houses, with the balance amulti-family cluster site located at the north end of the site. The most critical issue has been the location of the parkland, its size, and City participation in order to increase its size. The plan before RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK 00., FORM NO. 1014 Held Fehn~an~ 19, 1997 19 Council includes a 22 acre park along the Scioto River with frontage on the Memorial Drive extension. This acreage includes 12 acres to be purchased by the City of Dublin. The parkland still does not meet the requirements as set forth by the Planning and Zoning Commission. Ben Hale, representing t_h_e applicant stated that they have worked with the City to resolve the desire for a larger community scale park along the river. Since approval of the concept plan for this development, Bob Walter, an adjoining property owner has indicated interest in purchasing a portion of this property in order to protect the woods. Linda Menery is present to represent Mr. Walter. Mr. Walter plans to purchase this portion of the property which will remain open space for some period of time. They are not trying to short the City on the parkland. In the Amberleigh development to the south, they received credit for the open space along Dublin Road while for this portion of Amberleigh, they were only allowed one half credit for the setback area. Another issue to be considered is the question of the bridge location. In the study done by Doyle Clear, the recommendation is made for afour-lane divided road with no lots fronting on it. They are willing to preserve the ability for the City to do that kind of road if a bridge is determined to be needed at this location in the Community Plan process. He emphasized that they believe afour-lane road is wrong for this site, wrong for Muirfield, and that with modest modifications, a 36-foot street could be done. Discussion followed about the need for afour-lane divided road in this location. Al Celli, 8285 Dublin Road stated that he lives directly across from this project. His concerns are that the ditches along the east side of Dublin road are partially filled in and that the shoulders are made wider on the east side. There have been many accidents along Dublin Road with the traffic increases, and he would like to see Council attach a condition to the rezoning regarding road improvements. Ms. Clarke responded that Dublin Road is a scenic collector and regrading the berms and filling ditches will substantially change the appearance of the road. It has been the City's policy to add left turn stacking lanes into new subdivisions and to shave down hills where necessary to improve site distances. Staff would recommend a complete study of this issue in view of the overall commitment to maintain Dublin Road as a scenic collector. At the time of the final development plan, the final engineering will be done and these determinations can be made. It is premature at this point to decide this matter. Mr. Kindra suggested that Council add a condition that in the final development plan stage, the engineering consultants for the developer work with City Engineering staff to determine the feasibility of filling ditches and widening shoulders as Mr. Celli has described. Ms. Hide Pittaluga asked for further clarification about the parkland issue. Ms. Clarke stated that the park along the river as shown on the plan is 22 acres and the requirements are for 23 acres. Mr. Hale has tonight offered to expand the park along the western border on the cluster side, and this is acceptable to staff. His offer to sell the City the 12 acres of parkland still is open. A survey will be needed to do this. If the City purchases 12 acres, the park will be 23 acres and not 22 as shown on the plan. She clarified that the shortage is 0.92 acres and the plan as shown includes 11.08 acres for the City to purchase. ~y~on Terleckv, Community Plan StP~ring Committee d hair n Tr nc rta io subcommittee testified that it is the Steering Committee's recommendation to keep all options available for future Councils to achieve the goals identified by citizens in community surveys. No decision has been made regarding a bridge location nor the width of a bridge. But based upon studies done with the Plan, only 400 cars a day RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Held Febr~a 1997 19 would come onto Memorial Drive with a bridge. Abridge at this location would improve traffic on Glick, Brand, Dublin Road, Emerald Parkway and I-270. He urged Council to keep the options open. ' Neil Barton, 8215 Dublin Road stated that his concerns regarding Amberleigh North are with blasting which could affect foundations and wells. He would like assurance that if damages result, the party responsible will take care of it. Mr. Smith responded that the liability for the blasting damage would rest with the developer, it is not a City matter. Ms. Hide Pittaluga commented that it would be important for the residents to take measurements before any blasting is done so that they will have a verifiable measurement of before and after such blasting. Mr. Barton added that there is a plugged drain between his property and that across the street. He would like to have that addressed during this development. Ms. Clarke stated that Condition 12 of this rezoning refers to that defective drainage tile. Mr. Campbell moved to add a condition to provide that the preparation of the engineering for the final development plan be accomplished with consultation of the City Engineer with respect to the question of the feasibility from an aesthetic and engineering standpoint for enclosing the ditches along this stretch of Dublin Road. Mayor Kranstuber seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes. Discussion followed about the need to preserve options for the future with the plan, i.e., to accommodate the bridge or wider road. Mr. Campbell commented that Council members have agreed that it is important to keep the option open regarding the bridge since the Community Plan is not complete, and that it is Council's desire to keep the road as narrow as possible in order not to create more problems. Those issues do not have to be resolved until the final development plan stage. That plan is reviewed by Planning Commission. Ms. Clarke pointed out that if the alternate plan is selected in the future, funding will be needed for Memorial Drive. In the plan presently before Council, the roads are paid for by the developer. If a bridge is added and an alternate plan is then built, the developer will be required to dedicate 80 feet of right-of--way, but the City will have a responsibility to construct Memorial Drive. It was the consensus of Council that tonight's meeting is not the appropriate forum for a decision about funding for a roadway, and that the option be referred to Planning Commission for further study and recommendation back to Council. Mrs. Stillwell moved to refer the rezoning back to Planning Commission to work out N issues with regard to the alternative plans that have been presented tonight, the road issues and the park issues. Mr. Campbell seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Third Rea ing (legislation introduced under previous Charted 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 noted that the "Whereas" clauses have been modified as directed by Council at the last hearing. Also, the definition of accessory use has been clarified and a definition regarding nominal value is now included. RECORD OF PROCEED[NGS Minutes of Meeting DAYTON LE AL BLA Held Febr~ar~ 19, 1997 19 Mr. McCash moved to add a small change to page 2, in Section 112.17, paragraph (a)(1) - to delete the word "space" after tenant and insert the words "which is"; in the same sentence, delete the words "part of'. Thus it would read, "the location of such devices within a building or tenant area occupied by a single user or tenant which is operated as a permitted use as set forth in 153." Mrs. Boring seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes. Brief discussion followed about the content rating system for the amusement devices, the feasibility of monitoring the violence content of games available to children, and whether warning stickers will sufficiently discourage children from patronizing those games. Mr. Banchefsky noted that Mr. Shepherd has a concern with the nominal value provision in the ordinance and would like to address Council. Allen Shepnherd, 6295 Cosg~y Road stated that by limiting the prizes to $10, you limit the "kiddie" games and encourage others. He would prefer to have nominal value of up to $200 which would allow for sports games with prizes such as Dublin basketballs, footballs, baseballs, tying in with the Sports Park theme. They do not presently have any violent games at the Sports Ohio complex. Mr. Campbell commented that the nominal value language was added so that there is not an indication of gambling with these devices. Mr. McCash stated that he had requested that a nominal value definition be added since the last version; perhaps the best way to resolve this is simply to remove the nominal value definition altogether. Mrs. Stillwell moved to delete the definition of nominal value from the ordinance. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Vote on the ordinance - Mr. McCash, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Ms.Hide Pittaluga, yes; Mayor Kranstuber, yes. Introduction & First Reading -Ordinances Ordinance 08-97 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1997. Mayor Kranstuber introduced the ordinance. Ms. Grigsby noted that a revision was made in Section 3, amending the amount from $64,000 to $93,000 to fund additional right-of--way acquisition on Coffman Road for cases which were settled since last Friday. Staff is requesting that the public hearing be dispensed and that Council vote on the ordinance tonight. Mayor Kranstuber moved to dispense with the public hearing. Mr. Campbell seconded the motion. r Mr. Smith noted that the reading is being dispensed with so that checks can be given to the property owners as outlined in the settlement agreements. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Vote on the ordinance - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. McCash, yes. Mr. Kindra reported that R.D. Zande has volunteered their time to prepare the plans for the school flashers at St. Brigid's Elementary School. They will be publicly recognized for this donation at an upcoming meeting. RECORD OF PROCEEDINGS Minutes of r,,,br r• reuas}l ~rfPetinQ paaP 9 Meeting ==n~~t DAYTON LEGAL BLA K Held February 19, 1997 19 Ordinance 11-97 - An Ordinance Amending Section 2A of Ordinance No. 98-86 (°Compensation Plan"). Mr. Campbell introduced the ordinance. There will be a second reading and public hearing on the ordinance at the Mazch 3 Council meeting. Ordinance 12-97 -An Ordinance Amending the ~nctional Table of Organization for the City of Dublin. Mr. Campbell introduced the ordinance. There will be a second reading and public hearing on the ordinance at the Mazch 3 Council meeting. Ordinance 13-97 - An Ordinance Accepting an Annexation of 1.08+/- Acres from Washington Township to the City of Dublin. (Bonnallie M. Roberts, 7595 Bellaire Avenue) Mrs. Stillwell introduced the ordinance. Ms. Grigsby noted that Council was previously made aware of this annexation request. The septic system on the property has failed and the homeowner is seeking annexation to the City and sewer hook-up. There will be a second reading and public hearing on the ordinance at the Mazch 3 Council meeting. Ordinance 1497 - An Ordinance Accepting the Lowest/Best Bid for the Coffman Road Widening Project, and Declaring an Emergency. Mr. Campbell introduced the ordinance. Ms. Grigsby noted that 85 percent of the total construction contract is being funded with a grant from the OPWC and the Perimeter tax increment financing agreement. Staff is requesting emergency action at this time in order to initiate the project within the timeframes of the bid. Mayor Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. Mr. Campbell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Vote on the ordinance -Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Ordinance 16-97 - An Ordinance Accepting the Lowest/Best Bid for the Coffman Park Drive Project, and Declaring an Emergency. Mrs. Stillwell introduced the ordinance. Ms. Grigsby commented that staff is requesting emergency action in order to complete this project prior to the Irish Festival. This project was also discussed in the Coffman Park redevelopment plans and included in the 5-yeaz CIP. The funds aze now being appropriated because the project was previously included in the 1996 cash capital budget but the project was not initiated until 1997. Mr. Campbell moved to dispense with the public hearing and treat this as emergency legislation. Ms. Hide Pittaluga seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes. Mr. McCash asked if this project and the Coffman widening project were bid together in order to bring the price down. Ms. Grigsby responded that they were bid as sepazate projects. Vote on the ordinance -Mrs. Boring, yes; Mr. Campbell, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LE AL LA Held Febr~arT 19, 1997 19 Ordinance 23-97 - An Ordinance Authorizing the City Manager to Enter into an Agreement of Mutual Aid with the City of Columbus and Amending Ordinance No. 18-67. Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated that staff recommends holding this over for a second reading. In response to Mrs. Boring, Chief Geis stated that all mutual aid requests are tracked. This ordinance merely updates the existing ordinance; it does not substantively change the ordinance in place since 1967. Mr. McCash noted that he has concerns with response provided in non-emergency situations. He is concerned that the safety of Dublin citizens will be compromised. Chief Geis responded that liability exposure is reduced with these types of agreements in place. Dublin also has the ability to say "no" to requests for aid. In an emergency situation, the decision to respond rests with the on-duty supervisor. In an non- emergency situation, the decision would rest with the Chief of Police. He assured Mr. McCash that Dublin Police would never jeopardize the safety of Dublin residents to commit Dublin's resources to another community. Mrs. Stillwell suggested a time period be specified for a notice of intention to withdraw in Section 7 -perhaps 30 or 60 days. Mr. Smith responded that he will clarify this prior to the next reading. There will be a second reading and public hearing on the ordinance at the March 3 Council meeting. Ordinance 26-97 - An Ordinance Accepting the Lowest/Best Bid for Printing of Stationery, Envelopes and Business Cards for the City of Dublin. Mayor Kranstuber introduced the ordinance. Mr. Harding noted that since there is a reasonable anticipation that the bid amount may go over $20,000 if the contract is extended for a second or third year, staff prepared this legislation which then rises to the threshold required for bidding. There will be a second reading and public hearing on the ordinance at the March 3 Council meeting. Ordinance 30-97 - An Ordinance Providing for a Change in Zoning for 20.38 Acres of Land Located on the Southwest Corner of Shier-Rings Road and Wilcox Road, from: RI, Restricted Industrial District, to: SO, Suburban Office and Institutional District. (Wilcox Place) (Applicant: Gordon F. Scherer, c/o Luis G. Weil, Agent, P.O. Box 370, Dublin, OH 43017) Mrs. Boring introduced the ordinance and moved to refer it to Planning Commission. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. McCash, abstain. - Ordinance 31-97 - An Ordinance Providing for a Change in Zoning for 111.47 Acres of Land Located on the East Side of Cosgray Road, Approximately Midway Between Shier-Rings Road and Post Road, from: PIP, Planned Industrial Park District, to: PIP, Planned Industrial Park District. (Northwest Dublin Commercial Park - SportsOhio). (Applicant: Allen S. Shepherd III, President, Steele Land Company, 6295 Cosgray Road, Dublin, OH 43016) Mr. Campbell introduced the ordinance and move to refer it to Planning Commission. Mrs. Boring seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes. Ordinance 33-97 - An Ordinance Providing for a Change in Zoning for 17.237 Acres of Land Located on the Southeast Corner of Rings Road and I-270, from: RECORD OF PROCEEDINGS Minutes of Meeting u ~n icy CounciTlGleeting age q B NK CO. FORM N 10148 Held Fahn~arv 1 ~QQ'] 19 PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Chakeres/Wheatley/Puclcett text revision) (Applicant: City of Dublin, for the owners, c/o Barbara M. Clarke, 5800 Shier Rings Road, Dublin, OH 43016) Mrs. Stillwell introduced the ordinance and moved to refer it to Planning Commission. Mrs. Boring 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. Ordinance 34-97 - An Ordinance Authorizing the City Manager to Enter into a Lease Agreement with Time Warner Enterprises Co., L.P. for a Communications Hub. Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated that Mr. McDaniel has forwarded a memo to Council regarding the history and background on this matter. There will be a second reading/public hearing of the ordinance on March 3. Ordinance 35-97 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Fraternal Order of Police Ohio Labor Council Regarding Wages, Hours, Terms and Conditions of Employment, and Declaring an Emergency. Mr. Campbell introduced the ordinance. Ms. Grigsby stated that staff is requesting emergency action tonight. Mr. Harding has prepared a memo highlighting the contract provisions and is available for questions. Mr. Campbell moved to dispense with the public hearing and treat this as emergency legislation on the basis that the contract needs to be in effect as soon as possible based on the labor negotiations between the City and the affected personnel. Ms. Hide Pittaluga seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. McCash, yes. Vote on the ordinance - Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mayor Kranstuber, yes. THER Sidewalk Waiver -Dublin Community Church Mr. Campbell indicated that lie will abstain from this discussion and then left the room. Mr. Kindra stated that the church has requested a waiver of the requirement to construct a sidewa k along Franklin Street. It has been the policy to require a deposit when items such as bikepaths, street trees or sidewalks are waived, but this would be at the discretion of Council. Mrs. Boring pointed ot~t that the property owner in this case is a church and not a developer. If the City decides to install sidewalks in the future along Franklin Street, an assessment can be clone at that time. She cannot support requiring a deposit from the church with the granting of this waiver. She then moved to grant the sidewalk waiver with no deposit required from the church. Mrs. Stillwell seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Sells Alle~~ vacation -Dublin Community Church Mr. Smith reported that research has shown that an ordinance was approved by Council 35 years ago vacating this alley, however the vacation plat was never filed with the county auditor. Engineering is now preparing the plat, and legislation will be introduced at the next Council meeting for this purpose. Committee Rel~oits Mr. McCash, nuns nity Develoument Committee stated that they will meet on RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce eetmg Fage I A NK 00. FORM NO. 10148 ~ Held i„-~ ~a{3' ~ ~ 19 February 26 at 7 p. m. with the Tree and Landscape Advisory Commission to discuss the tree preservation ordinance. Mrs. Stillwell, Administrative Committee reported that they will meet tomorrow afternoon. The interview schedule for Saturday for boards and commissions was in the packet. The Committee is recommending that Marilyn Marr facilitate the goal setting session in March, and a meeting has been set up with her to discuss details. Mr. Campbell, Finance Committee stated that a scheduled of proposed meetings of the Committee was distributed to Council. It is consistent with the schedule Council established previously regarding CIP and budget meetings. There are also two sessions for bed tax review, one in the spring and one in the fall. Ms. Hide Pittaluga, Public Services Committee reported that they met regarding the Dublin Road bikepath funding issue. Following the discussion, the Committee concluded that accepting the federal grant monies for the project might result in a savings for the City of approximately $200,000 to $400,000. The Committee recommends rejecting the federal. funding due to the impact of a bikepath built to federal standards on the property owners; because this savings to the City could vary based upon the costs of acquiring the right-of-way; and because the project would have to be constructed all at one time. In addition, if the City constructs the bikepath in stages, developer contributions could fund some portion of it. The Committee recommends that the grant be rejected and that the City build the path to Dublin design standards with local funds. Ms. Hide Pittaluga moved to reject the federal funding and to proceed with the bikepath as a locally funded project. Mrs. Boring seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Mr. Kendra noted that staff will meet with the residents in early summer to review design details. There are still issues to be resolved, namely the impact upon trees and stone walls, etc. There will be more flexibility in the design, however, as a Dublin project. Ms. Hide Pittaluga also reported that the Committee reviewed the issue raised by an Ashland emp]oyee regarding the continuous right turn lane from 161 to Frantz Road. She requested that staff look at this area again to see if the traffic backup on 161 at certain times of the day can be reduced. Mr. Kendra stated that he will review this and report back to Council. The meeting was adjourned at 10:35 p.m. Mayor Kranstuber announced that the schedule executive session will be postponed until the next meeting of Council. U r -Presiding Officer } Clerk of Council