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HomeMy WebLinkAbout10/20/1997 RECORD OF PROCEEDINGS Minutes of 1' i n i in P 1 Meetin A NK FORM NO. 10148 ~ Held- October 20, 1997 - ~ 19 ~i Mayor Kranstuber called the meeting to order at 7:00 p.m. ~ Mr. Campbell led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mr. Campbell, Mrs. Boring, , Ms. Hide Pittaluga, Mr. McCash, and Mr. Reiner. Staff members present included: Mr. Hansley, Mr. Helwig, Ms. Grigsby, Mr. Smith, Mr. Kindra, Ms. Clarke, Lt. Geis, Mr. Lenz, Mr. Husenitza, Mr. Hahn, Ms. Puskarcik and Ms. Bearden. Apuroval of Minutes of Meetin of September 15, 1997 Mr. Campbell moved approval of the minutes of September 15, 1997. Mrs. Boring seconded the motion. Mr. Reiner, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Approval of the minutes of October 6, 1997 will be delayed until November 3, 1997. Correspondence The Clerk reported that there was no correspondence requiring Council action. Proclamations/Special Recognition Mayor Kranstuber recognized the National Merit Semi-finalists from Dublin Coffman and Dublin Scioto High Schools. Mayor Kranstuber presented certificates of recognition to each of the students and commended them for their achievements. Citizen Comments Don Beckman. 4927 Longbenton Way, Dublin commented regarding the proposed stadium. 1. He noted that the monies needed for purchase of the land and for water and sewer line extensions, totalling $5 million is coming from the City's contingency funds. The City has said that no tax increases are needed to fund the stadium per se, but these reserve funds will have to be replaced at some point. Based on Dublin's population, approximately $200 per person will be used to fund the stadium costs of land plus water and sewer lines. The police services over 25 years totals an additional $2.5 million. 2. Item 6 in the marketing material states there are no fiscal liabilities for the City. However, the Letter of Intent clearly states that any bonds issued by the City to finance public improvements shall be general obligation bonds of the City, supported by the full faith and credit of the City. This translates to a potential fiscal liability for the taxpayers of Dublin if the credit enhancements fall through. 3. The tax increment financing agreements the City has entered into previously all related to private entities, and the City did not fund $5 million up front. They were short term in nature unlike the 9 years projected for the stadium. He would assume that all of the previous TIF projects generate substantial income tax and personal property tax. The ongoing income tax from this project is $38 million in exchange for $7.5 million of Dublin's money and services. 4. When the TIF is finally paid off, the tax revenues for this project will revert to the taxpayers of Jonathan Alder and not to the taxpayers of Dublin who have assumed all of the risk. 5. The Letter of Intent indicates that the TIF will be approved for the maximum extent permitted by law - is this a 20-year TIF? 6. In summary, the project costs $1,200 for every family of four in Dublin; general obligation bonds are the fiscal liability of the City of Dublin; and Dublin has the risk if the project fails, while the taxpayers of Jonathan Alder School District receive the property taxes. He would also like to understand the time frames for the TIF payback. Mayor Kranstuber moved to adjourn to executive session at 7:20 for discussion of personnel matters. RECORD OF PROCEEDINGS Minutes of Meeting A NK C FORM NO. 1014H October 20, 1997 ~ ~ Held - 19 Mr. Reiner seconded the motion. ~ Vote on the motion -Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mayor Kranstuber, yes. The meeting was reconvened at 8:15 p.m. ~ Staff Comments Mr. mith reported that the real estate closing has taken place for Amberleigh Park. The agreements have been finalized for the acquisition of the Union 76 property, and he will notify Council when the papers have been executed. Mr. Kindra reported that the painting of the Post Road and Avery Road water towers has now been completed. LEGISLATION Public Hearing & Second Reading -Ordinances Ordinance 13D-97 - An Ordinance Authorizing the City Manager to Enter into an Agreement with Nexus Telecommunications for the Purpose of Providing Telecommunications Consulting Services for the Purpose of Locating Wireless Telecommunications Structures. Mrs. Stillwell asked if the relationship with Jan Murphy of Nexus for consulting services will continue after approval of this legislation. Mr. McDaniel responded that she will continue to work with the City. There was no one present to testify at the hearing. Vote on the ordinance -Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes. w Ordinance 132-97 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1997. Mr. Hansley reported that there is no further information from staff regarding this ordinance. Mayor Kranstuber invited any citizens to come forward who would like to testify on the ordinance. _Laurie Ma-rchese, 4844 a lows o rt, Dublin stated that she addressed Council at a meeting in August regarding the safety issues and need for a bike path/pedestrian tunnel under Dublin Road to serve the residents of Donegal Cliffs and Amberleigh who cross over to the school. Since that time, the residents of Donegal Cliffs, Amberleigh and Bellaire have been informed that they may be moved from Bailey Elementary due to overcrowding and the need for busing. The pedestrian tunnel under Dublin Road is critical to prevent this student reassignment. The residents are again requesting that the tunnel be given separate consideration from the entire Dublin Road bikepath. They need some firm information by March 1 about the pending construction of the tunnel. Many residents of these areas are present tonight to show their concern and support for this matter. She has the following questions: 1) Can the tunnel portion of 745 be completed by March instead of "spring"; 2) Are there _ funds allocated in the 1998 operating budget for the construction of the tunnel by the 1998 school year; 3) Will they need to return to Council in February with the same request for funding the tunnel? Mayor Kranstuber responded that his recollection is that all of the Dublin Road bikepath design will be completed by spring, and the tunnel cannot be designed without knowing where the bikepaths will connect at either end. Mrs. Boring stated that Council had been previously told that the bikepath could be done in phases, and that by the end of 1997 they would have the cost figures. Her concern with doing the entire bikepath design is that many public meetings will be needed which will take a lot of time. She believes that this portion between Donegal Cliffs and Brandonway can be done separately. RECORD OF PROCEEDINGS Minutes of Du lin i v o m it MaPting p g~ 3 Meeting A B NK O. FORM NO. 10148 October 20, 1997 ~ Held - ,I 19 Mr. Helwig stated that the elbow at this location could be focused on separately if that is ~i Council's desire in response to the neighborhood's request. Mr. Campbell commented that this issue was brought to Council only a couple of months ago, and Council has kept the process moving as they had promised. Discussion followed about previous commitments regarding the bikepath and the factors which have delayed the path, i. e. , exploring the option of federal funding and the studies necessary to do so. Mr. Campbell stated that whatever action is taken by Council will~done out of concern for the safety issues for the residents. This should not be interpreted as directing the school board in their decision-making. Council's goal is to make this a safe intersection as quickly as can be done. Mayor Kranstuber called the question on the appropriation ordinance. Vote on the ordin ce - Mr. McCash, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Campbell, yes. Mrs. Boring moved to direct staff to have the design for the Dublin Road bikepath tunnel at Brandonway done ahead of the design for the rest of the Dublin Road bikepath. Mr. Helwig confirmed that the tunnel design is to be completed in the first quarter of 1998, and staff will bring the design to Council with construction estimates at that time. A construction time line will be provided at that point, and Council's desire is to have the tunnel completed prior to the beginning of the fall 1998 school year. Mr. Helwig agreed to put a chronology in writing for Council, and this can then be forwarded to the residents. Mr. Campbell seconded the motion. Ms. Marchese asked if the funding for this tunnel is included in the 1998 budget. Mr. Hansley stated that approximately $150,000 will be included in the 1998 budget to be reviewed by Council in November. Mrs. Stillwell noted that if additional monies are necessary, Council may provide for that with amendments to the annual appropriations during 1998. Vote on the mo ion - Mr. Reiner, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. McCash, yes. Wallace Maurer, 7451 Dublin Road, D ~ lin noted that he has heard the term "design" in regard to this bikeway, and not the term "implementation". His concerns relate to the conflict of interest between the public policy of providing bikepath connections and his interest as a private citizen of the impact on his land. He has 400 feet of frontage along Dublin Road, and 150 feet of this was eliminated with the gas line work. The remaining 250 feet consists of a virgin stand of trees which stands in the path of the planned bikeway. His concern is the preservation of the natural landscape. Mayor Kranstuber responded that the City rejected federal funding for the path due in part to the impact on existing trees and the historic stone walls. It is, however, premature to discuss this matter. He assured Mr. Maurer that these concerns are shared by Council and will be taken into consideration in the design of the path. Mr. Hahn confirmed this, and added that many public meetings will take place to allow for review of the proposed design. Mayor Kranstuber requested that the consultants discuss the design with the residents during the design process. Mr. Reiner suggested that the residents consider granting easements to the City to allow the RECORD OF PROCEEDINGS Minutes of Meeting NK CO. FORM NO. 10148 ~ Held October 20, 1997 19 ~i bikepath route to be moved around natural features such as stands of trees. ~ Mayor Kranstuber asked that the design firm report back to Council regarding the process for the design of the bikepath. Ordinance 133-97 - An Ordinance Authorizing the Issuance of $4,760,000 City of Dublin, Ohio Industrial Development Revenue Refunding Bonds, Series 1997 (Dublin Geriatric Care Company Limited Partnership Project); Providing for the Pledge of Revenues for the Payment of Such Bonds; Authorizing a Loan Agreement and Trust Indenture Appropriate for the Protection and Disposition of Such Revenues and to ~rther Secure Such Bonds; and Authorizing a Bond Purchase Agreement, a Private Placement Memorandum, a DTC Letter Agreement, an Escrow Agreement and Certain Other Documents and Actions in Connection with the Issuance of Such Bonds; and Declaring an Emergency. Ms. Grigsby stated that this provides for refinancing of the debt issued in 1987 for the Dublin Geriatric Care Center. While City authorization is needed for them to receive tax exempt financing, the City is not liable in any way. The legal counsel for the Dublin Geriatric Care Company is present for questions. Mr. Smith added that in the 1980's, industrial development revenue bonds were a tool established by the legislature to provide municipalities with a method to encourage development. There is no liability on the City's part for these. The City's bond counsel has reviewed the documents and he will attend the closing. An attorney from Kephart & Fisher provided additional information to Council regarding the mechanics of this financing tool. Mayor Kranstuber moved to treat this as emergency legislation, since the bond closing is set for next Tuesday. Mr. Campbell seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes. Vote on the ordinance -Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes. Ordinance 134-97 - An Ordinance Authorizing a New Position (Commercial Plans Examiner/Architectural Project Manager) and Amending Section 2 of Ordinance No. 98-96 ("Compensation Plan"). Mr. Hansley reported that staffhas no additional information and recommends approval. Vote on the ordinance -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Introduction & First Reading -Ordinances Ordinance 136-97 - An Ordinance Providing for a Change in Zoning for 16.143 Acres Located Between (Proposed) Emerald Parkway and I-270, South of Shamrock Court, Approximately 1500 Feet South of Shier-Rings Road, from: LI, Limited Industrial District, to: PCD, Planned Commerce District (at Emerald Parkway, Phase 4). (Applicant: Duke Realty Limited Partnership, Mark Gialluca, 4700 Lakehurst Court, Suite . 150, Dublin, OH 43017) Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning Commission. Mr. Campbell seconded the motion. Mrs. Stillwell commented that she is hopeful that the Planning Commission encourages the applicant to create an imaginative design in keeping with the community character. Vote on the motion - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, abstain; Mr. Reiner, yes; Mrs. Boring, yes. Ordinance 137-97 - An Ordinance Providing for a Change in Zoning for 5.556 Acres Located on the East Side of Riverside Drive just to the North of Hard Road, from: R-1, RECORD OF PROCEEDINGS Minutes of Meeting DAYT N LE AL BLANK CO. CORM NO. 10148 ~ ~ Held October 20, 1997 - 19 I' Restricted Suburban Residential District, to: PCD, Planned Commerce District. (The Bait Store - 7592 Riverside Drive) (Applicant: Carol Finkes by Donald T. Plank, Shuler, Plank, Morgan & Brahm, 326 South High Street, Suite 500, Columbus, OH 43215) Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning Commission. Ms. Hide Pittaluga seconded the motion. Mr. Campbell asked staffto provide some background on the reasons for this application. Mr. Smith commented that staff held numerous discussions with the property owner during recent negotiations on another matter, but no resolution was obtained. The landowner was told by the City, via her counsel, that there would be no court zoning and if the landowner wishes to pursue rezoning, it will have to be done through the system. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Stillwell, yes. Ordinance 138-97 - An Ordinance to Change the Name of Terry Lee Court to Wilcoz Place in the City of Dublin, County of Franklin, State of Ohio. Mr. Campbell introduced the ordinance. Mr. Hansley stated that a detailed memo was included in the packet, and staffis requesting this be held over for second reading. Mrs. Boring requested that staffprovide a map prior to second reading. There will be a second reading and public hearing at the November 3 Council meeting. Ordinance 139-97 - An Ordinance Amending Section 35.32 of the Codified Ordinances of the City of Dublin to Modify the Distribution of the Hotel/Motel Taxes Retained by the City. Mr. McCash introduced the ordinance. Mrs. Stillwell commented that this legislation comes to Council as a result of the Finance ~ Committee's recommendation to Council at the last meeting and the direction that staff proceed with drafting of legislation based on that recommendation. Mr. Hansley stated that the draft legislation was faxed to the Dublin Arts Council last week. Staff is recommending that the number inserted in Section 1 as a cap be $250,000. He asked that Council hold this over for second reading. Mrs. Boring stated that she does not recall that the Finance Committee recommended a cap in the legislation. Mr. Hansley responded that during the discussion of the recommendation at the Council meeting, this point was raised. His understanding was that staff should draft legislation as a starting point for further discussion. Staff is recommending a number as a cap, but Council can choose not to include a cap. Mrs. Boring suggested that additional information be assembled prior to the public hearing for Council's consideration during the decision-making process. Mrs. Stillwell asked for clarification from Council about the additional information they will need prior to making a decision on this in two weeks. Ms. Hide Pittaluga stated she would like background information on the DAC budget, programming information, and what proportion of that is the budget. Mrs. Boring stated that a cap of $250,000 would not allow for the expansion she envisioned with this change, in view of the fact that the DAC was given funding of $270,000 this year. Mr. Hansley stated that his concern was with the 25 percent of a number that will grow to over $1 million in the near future. In other years, the allocation for the DAC was much less than $270,000 since the 1997 funds included the special arts project. Mrs. Boring stated that she will propose amendments at the next meeting, including that Council was given a goal of reassessing the allocation of bed tax monies at the last goal setting and that Council considers the DAC as an integral part of the quality of life in Dublin. As hotels come on line and the revenues grow, everyone will share in the increased funds -changing the DAC funding will not reduce the funding for the other entities. Council had expressed a desire to have the cultural arts programs grow in this community, and to do so, they need a consistent and growing budget. RECORD OF PROCEEDINGS Minutes of Meeting DA N A BLANK O. FORM NO. 10148 ~ Held October 20, 1997 19 Mr. Campbell agreed that the ordinance as drafted is not consistent with the recommendation of the Finance Committee. However, tonight's discussion is a continuation of that which took place with the Committee recommendation on October 6. There was a segment of Council which indicated their desire to have a cap versus a percentage. He is hopeful that staff investigates communities where a flat percentage has been used to see how successful that was, and that staff will provide additional information about previous funding to the DAC. Mayor Kranstuber requested a breakdown of the last 7 or 8 years of hotel/motel tax ~ revenues and what has been awarded to DAC, separating out the funding for the Art in Public Places projects. He would also like information regarding the amount left over for other grants after the funding for Special Events, DCVB and the proposed 25 percent for DAC. Ms. Grigsby responded that the 1997 current budget for Special Events is approximately 50 percent of the hotel/motel tax revenues, although it is somewhat dependent on the success of the various events. Mrs. Boring noted that some of the Special Event salary expenses could be moved to the operating budget. Mayor Kranstuber stated that he thinks a percentage is too uncertain, but if Council chooses to do this, he would advocate a cap or a modification of the percentage amount so that the other programs funded by hotel/motel taxes are not negatively impacted. Brief discussion followed about whether to send this back to Finance Committee, but the consensus was to hold this over for second reading and public hearing at the Council meeting on November 3. Introduct~~ & ~ li Hearing R cnlnt~ n Resolution 45-97 - A Resolution Authorizing the City Manager to Convey an Easement and Right-of--Way to Columbia Gas of Ohio, Inc., Which Will Upgrade Service at the Paul G. Blazer Memorial Parkway/Rings Road Intersection. Mayor Kranstuber introduced the resolution. Mr. Hansley stated that this will allow Columbia Gas to upgrade the service in the area of Rings Road and Blazer Parkway. This resolution was prepared with emergency language, but that is not necessary under the revised Charter. Mr. McCash asked which commercial users have prompted the need for an upgrade in service at this location. Mr. Kinds responded the new Duke building and upgrades to other existing businesses have prompted this action. Mrs. Stillwell moved to strike the emergency language from the resolution. Mr. Campbell seconded the motion. Vote on the mo ion -Mrs. Boring, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Vote on the r .c~lnt; n - Mr. Reiner, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Council Round Table/Committee Reports r 'n suggested two dates for the joint dinner meeting of P&Z and Council - Tuesday, November 11 or Tuesday, November 18. Discussion followed. It was the consensus of Council to schedule the dinner on Tuesday, November 11 at 7 p.m. The Council members elect will be included in the dinner invitations as well as some Development Department staff members. Mrc_ Stillw .11 noted that an appointment is needed for the Transportation Task Force and RECORD OF PROCEEDINGS Minutes of r~,:l~lin ~'it~T eunsil ~4ggtinrt I've 7 Meeting DAYTON LE AL BLANK CO. CORM NO. 10148 ~ October 20, 1997 ' Held 19 it for several other boards, and asked about the timing. It was the consensus of Council to have the new Council make the appointments in the spring for boards and commissions. Mr. Reiner noted that in regard to the Letter of Intent Addendum No. 8, it should read, "Above ground construction shall be masonry ~ shall meet the architectural requirements of the Planning & Zoning Commission." He asked for confirmation that masonry is defined as brick or stone. Mr. Helwig stated that staff explained to Mr. Hunt that brick or stone is the requirement. Mr. Campbell commented: 1. Mayor Kranstuber has done an excellent job of managing the recent meetings regarding the stadium. 2. Four of the bed tax applicants were unable to attend the recent meeting of the Finance Committee, and he will ask staff to look at available dates for an additional meeting. Mavor Kranstuber stated that he has a conflict with the Community Plan hearing date on Wednesday, October 22 and will not be able to attend. He has relayed his comments to Ms. Fierce and Ms. Boring. The meeting was adjourned at 9:30 p.m. i ayor -Presiding Officer Clerk of Council