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HomeMy WebLinkAbout12/15/1997 RECORD OF PROCEEDINGS Minutes of Meeting ub-Tin i y ounce ee mg age _ DAYTON LEGAL BLANK CO. CORM N0. 10148 Held necPn,h~ 1 ~ 1997 19 Mayor Kranstuber called the meeting to order at 7:40 p.m. Roll 11 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, Mr. Smith, Ms. Clarke, Mr. Kendra, Mr. McDaniel, Chief Geis, Ms. Crandall, Ms. Puskarcik, Ms. Bearden, and Ms. Kennedy. Mrs. Stillwell led the Pledge of Allegiance. i Anuroval of Minutes November 3, 1997 Minutes Mrs. Stillwell noted that on page 9, in the third paragraph from the bottom, the word "acre" should be inserted after 838. Mayor Kranstuber moved approval of the minutes with this modification. Mr. Reiner seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. November 17, 1997 Minutes Mrs. Stillwell noted a correction to the last paragraph on page 4 where the discussion took place at a Council work session on the Community Plan. Mrs. Stillwell moved approval with this modification. Mr. Campbell seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. December 1, 1997 Minutes Mrs. Stillwell stated that Mr. Refiner's name was left out of the list of Council members in attendance. On page 10, the discussion was with Pat Schmucki, not Pat Baker. Mayor Kranstuber moved approval with these modifications. Mr. Campbell seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Campbell, yes. November 24, 1997 Special Meeting Minutes Mr. Campbell moved approval of the minutes. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes. Correspondence The Clerk reported that no correspondence had been received requiring Council action. Proclamation/Special Recognition Mayor Kranstuber recognized the Dublin Scioto High School student members of PEP, Peers Educating Peers Club. He presented Certificates of Recognition to the students in attendance. Citizen Comments Wallace Maurer, 7451 Dublin Road addressed Council regarding: 1. The increasing number of wild animals in the area. He would like the City to seek cooperation from the Department of Natural Resources to handle the relocation of these animals from urban areas to rural areas. 2. He would like to lobby en support of Council Members attendance at the National League of Cities conference. He believes this is a worthwhile endeavor and benefits the City. 3. He alerted Council members to the phenomenon of cloning, and asked that the RECORD OF PROCEEDINGS Minutes of Meeting u i y ounce ee mg age 4YT E AL BLANK CO.. .`-ORM NO. 10148 Held 17erPmhPr 1 5~ 199'] 19 City take the lead nationally in surveillance of such practices. Mayor Kranstuber asked Mr. McDaniel to follow up Mr. Maurer's question regarding animal control with the Ohio Department of Natural Resources and copy Council on the response. Paul Dumouchelle, 8832 Narin Court, Dublin stated that he represents the Darby Creek Association and would like to comment regarding urban sprawl and the proposed stadium. The Darby Creek Association believes the sewer, water and road expansions from the stadium will accelerate urban sprawl into the Darby Creek watershed, which is immediately adjacent to the stadium area. Their objective is to focus the referendum on the urban sprawl issue. He then summarized a resolution approved by the trustees last Thursday, entitled "Resolution Regarding Proposed Soccer Stadium Infrastructure in Dublin." The Darby Creek Association is concerned about urban sprawl because this is the primary threat to the health of the Darby Creeks. Sprawl threatens the Darby Creeks because it leads to increased storm water runoff that erodes river banks and causes sedimentation that destroys wild life habitats. Another urban sprawl problem is the increased chemical contamination from vehicles drippings that washes off roads and parking lots into area waters. Sprawl from metropolitan Columbus has already destroyed the quality of one Darby tributary, Hail Branch Run, and there has been no action by government to protect further destruction from recurring. Therefore, the Darby Creek Association urges the voters of Dublin to consider these issues when voting on the proposed soccer stadium. Mr. Reiner commented that he hopes that this organization works to ensure larger setbacks on all of the farms that abut the creek. Dublin has very strict retention laws regarding storm water and how it is handled on a construction site. Mr. Hansley noted that the stadium site drains in the Scioto watershed, not the Darby Creek. He takes issue with the stadium development having impact on the Darby Creek watershed. He believes the resolution is misleading. Mayor Kranstuber stated that the area will be developed in the future, and a 180 acre park will have less impact than industrial uses on the watersheds. He added that the area west of the stadium site is in the exclusive Columbus growth corridor and therefore under the control of Columbus. Staff Comments Mr. Hansley reported that a response was included in the packet regarding the issues raised at the last Council meeting about Scioto Park gating at night. LEGISLATION SECOND READING & PUBLIC HEARING -ORDINANCES Ordinance No. 152-97 - An Ordinance Amending the Codified Ordinances of the City of Dublin to Adopt New Regulations That Are Consistent with the Telecommunications Act of 1996 Governing Right of Way. Mr. McDaniel provided a brief history of this legislation to Council, noting that a consulting team was brought in by the City to study the options on this matter. The team consisted of Pete Patton, Engineer; Greg Dunn, special legal counsel; and Jan Murphy. The Public Services Committee has reviewed this issue with the consultants. The consultants' report was forwarded to Council at the time of first reading. Staffbelieves that the right-of--way management ordinance in its present fornl brings the City into compliance with the Telecommunications Act of 1996, and at a minimum allows the City to exercise its right under the Act as they are known at this time. The ordinance will go into effect on April 15, 1998. During the interim period, several actions will take place: administrative regulations must be in place by April 15; the DubLink concept needs to be finalized. Staff recommends passage of the ordinance at this time to provide a foundation for right-of--way management and to achieve the objectives listed in the ordinance. The key objectives are to manage the right-of--way for the safety, welfare and convenience of the traveling public while protecting the City's right-of--way investment and assuring RECORD OF PROCEEDINGS Minutes of Meeting u m n y ounce ee mg age OAYT N LE AL BLANK CO. CORM NO. 10148 it Held T~ara,,,har i 5~t447 19 adequate return on its investment for its use; to assure competition in new services and I' technologies; and to comply with the Telecommunications Act. I' Mr. Dunn briefed Council on some of the legal issues involved in this legislation. He noted that Columbia Gas and AEP have been separated out in the ordinance as monopoly providers, and staff will work with them through negotiations prior to the effective date of this ordinance to assure that their concerns have been addressed. Ameritech has several i objections and their representative is present tonight to summarize them. He believes that Ameritech's objections can be addressed for the most part in the administrative regulations ~ and with early amendments to the legislation if that is the desire of Council. The most substantive issue for Ameritech is the amount of money charged to work in the right-of- way. Dublin has the option of waiving that, however. He noted that the fees included in the ordinance are very defensible. In response to Mr. Campbell's concerns about how this ordinance will impact those living along the right-of--way, Mr. Dunn noted that the City will not have the ability to enforce regulations about using their right-of--way. This will help the citizens deal with the utility providers who work in the right-of--way. Mike Kehoe~General Manager of Ameritech of Ohio stated that Ameritech is opposed to this ordinance. The issues are outlined in the four page memo sent to Council. 1. They see a very strong linkage between the right-of--way ordinance and the DubLink project. Ameritech already has a substantial investment in conduit in the City of Dublin, so it may not make sense for them to participate in DubLink from a business standpoint. 2. There is a concern regarding the fee structure. It may constitute a method to force Ameritech to participate in DubLink. In comparison to the City of Columbus, Dublin's fees are considerably higher. 3. Another critical issue is the City's request or demand to remove some of the aerial plant to underground. 4. The scope of the service agreement is another critical issue. He noted that Ameritech has worked with the City of Dublin on a number of other telecommunication issues such as the area code split, the extended area service, and the cable franchise. They believe that moving forward with tonight's ordinance is inappropriate. There is no need to rush, and Ameritech would request an extension of the time frame until February 5 to work on some of the issues. Ameritech has outside counsel here tonight to respond to any questions. Kevin Sullivan, legal counsel for Ameritech stated that ordinances should be approved when they are in final form and not approved with an understanding that early amendments will be necessary. He disagrees that Ameritech's issues can be managed and taken care of through the administrative regulations that are to be adopted. Any administrative regulations would only be to effectuate the language in the ordinance, and if there is a conflict, the administrative regulations cannot correct that. Many of their concerns relate to the language in the ordinance. Mr. Smith stated that he has been working with Mr. McDaniel and Mr. Dunn for an extended period on this ordinance. At some point, it is necessary to move forward. It is not likely that total agreement will be reached with the utilities on some of the matters. Ms. Hide Pittaluga asked about the status of the tabled ordinance with Columbus Southern and how it will be impacted with passage of the right-of--way management ordinance. Mr. McDaniel stated that staff is working with AEP to bring that matter to closure. Under the terms of the right-of--way management ordinance, AEP will need to have an operating agreement in place. Ms. Hide Pittaluga asked for confirmation that there are no real estate fees attached to this ordinance. RECORD OF PROCEEDINGS Minutes of Meeting u5fin ~itZounciilVTeeting age DAYTON LEGAL BLANK CO.. CORM NO. X0148 Held ~nmhnr ~ ~ },~,~,t 19 Ili Mr. McDaniel responded that a significant issue among the consortium cities was the amount to charge for the right-of--way. Dublin places a high value on the use of the right- of-way in view of the City's investment in new roadways. The numbers represented in the ordinance are defensible and are in the range of what others are charging. Staff will continue to work with the utility providers in good faith to address their concerns. Ms. Hide Pittaluga asked Mr. McDaniel to confirm that for this area of the country, these fees are in line with what others are charging. Mr. McDaniel stated that at this time, only a few municipalities have approved aright-of- I ~i way ordinance. He believes this ordinance will work for Dublin in its present form. In ~ comparison with the west coast and some other areas of the country, Dublin's fees maybe on the low side. ~ Mr. Sullivan responded that Worthington charges $3,000 per year, and Columbus charges $200,000 or the equivalent of $.32 per person in the City. Dublin's fees are hundreds of percent higher than any other City with which they negotiated. Mr. Sullivan stated that Ameritech believes that under Ohio law, they have the right to be in the right-of--way without paying any fees, aside from the cost of putting the right-of- way back in the condition in which it was prior to the work. Ameritech does not believe the City of Dublin has a defensible position on these fees. He does not understand the rush at this point. Mr. McDaniel stated that he has two proposals in hand from NextLink and from ICG to build the backbone of fiber optics through the City. They have been on hold pending resolution of this right-of--way management matter. Mayor Kranstuber then called the question. Vote on the ordinance - Mr. Campbell, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes. Ordinance No. 147-97(Amended) - An Ordinance Amending the Codified Ordinances of the City of Dublin to Adopt New Regulations that are Consistent with the Telecommunications Act of 1996 Governing Wireless Telecommunication Facilities in the City of Dublin, and Repealing Several Sections of the Zoning Code Which are no Longer Applicable. Ms. Clarke stated that this is Draft 8 of the ordinance and a redlined copy has been provided to show the changes made since the introduction of the legislation. The ordinance was referred to Planning Commission on November 3, 1997; it was heard by P&Z on November 13; a subcommittee was appointed and reported back to P&Z on December 4. Planning Commission recommended approval on December 4. The ordinance sets up a three tiered process for these facilities: in the less sensitive areas of the City, an administrative process is put in place for a building permit; for those in the middle range, a special permit will be needed from the Board of Zoning Appeals; and for the most sensitive areas such as residential or planned districts, a conditional use must be obtained, subject to a discretionary hearing by the Planning Commission. The existing ordinance permits telecommunication towers of 35 feet or higher to be located only in industrial districts. This restricts the provision of adequate cellular service for the City. The revisions to the Code permit co-location of facilities and allow for working proactively with the telecommunications industry to complete the networks. The ordinance repeals the portions of the Dublin zoning code which are out of compliance with the Telecommunications Act of 1996. Staff and Planning Commission recommend approval. Vote on the ordinance - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Ordinance No. 151-97 - An Ordinance Authorizing a Contract for the Continued Employment of the City Manager. Mrs. Stillwell stated that the performance goals have been added to the materials which accompany the ordinance. RECORD OF PROCEEDINGS Minutes of Meeting u6Tin ity ounciTlGleeting age DAYTON LEGAL BLANK CO.. CORM NO. 10148 Held Dprl ~l Q~-7 19 ~ III Wallace Maurer, 7651 Dublin Roads oke in su ort of the Cit Mana er and his efforts P PP Y g over the past 10 years. He noted that Mr. Hansley had cautioned Council and the Charter Commission about the potential impact of Section 3.06(d) of the Revised Charter. Mr. Campbell stated that Mr. Hansley, Mr. Smith and Ms. Clarke constitute the y- ~ institutional memory of the City with their long records of service. This is the strength of the Council/Manager form of government which provides for professional day to day management. He praised Mr. Hansley's expertise and experience which have contributed ~ to the City's success. Vote on the ordinance - Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes. Mrs. Stillwell noted that the City has benefitted greatly from the continuity of the City Manager. Mr. Reiner added that Mr. Hansley has also done an excellent job of attracting and retaining fine staff members to Dublin over the years, and he thanked him for his efforts. Ordinance No. 153-97 - An Ordinance To Establish Annual Appropriations Based on the 1998 Operating Budget of the City of Dublin, State of Ohio, for the Fiscal Year Ending December 31, 1998. Vote on the ordinance - Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Ordinance No. 155-97(Amended) - An Ordinance to Appropriate Real Estate for the Purposes of Expanding Cosgray Park and Providing Parkland and Recreational Facilities for the Residents of the City of Dublin. The Real Estate is Owned by PDV Midwest Refining, L.L.C., Consisting of Approximately 9 Acres, Located West of Cosgray Road and South of S.R. 161. Mr. Smith stated that passage of this and the following ordinance will authorize him to file appropriations cases if necessary for the two parcels to be used for the stadium. Staff is hopeful of negotiating a purchase of this property and the Vowell property, but firm purchase contracts will not be brought to Council until after the February 10 election. Mr. Campbell moved to amend the ordinance to incorporate the current draft with adjusted acreage. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Mr. Maurer asked about the precise amount of land which would be used by Hunt Sports Group and that which would be used by the City as parkland. Mr. Smith responded that the 31 acres owned by the Vowell family will be used for roadway. The other bottom piece will be used for parking and access and as a buffer from the tank farm. Staff is still in negotiation as to how much of the total 180 acres will be leased on game days. Mr. Smith added that the entire parcel will be owned by the City, and the Hunt Sports ~ Group will retain certain rights in their lease of the acreage. Mr. Hansley added that the City will retain in ownership and exclusive use as much land as possible for soccer fields and/or green space until such time as it is needed for parking and/or roadways. Vote on the ordinance - Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes. Ordinance No. 156-97 - An Ordinance to Appropriate Real Estate for the Purposes f Expanding Cosgray Park, Providing Parkland, Providing Recreational Facilities, and Providing Roads and Public Utilities for the Residents of the City of Dublin. RECORD OF PROCEEDINGS Minutes of Meetin u m rty ounce eetmg age DAYTON LEGAL BLANK CO.. =ORM NO. 10148 Held nP~. ~ 14g._7 19 ~ I~ The Real Estate is Owned by Janice Vowell, Consisting of Approximately 31 Acres, Located West of Cosgray Road and South of S.R 161. Vote on the ordinance - Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mrs. - Boring, yes; Mayor Kranstuber, yes. Mrs. Stillwell, yes. a Ordinance No. 157-97 - An Ordinance Accepting the Lowest and Best Bid for the Coffman Park Playground/Landscape Project, and Declaring an Emergency. Mr. Hansley noted that emergency action is needed due to the time frames for the bids ~ which will expire in 30 days. Mayor Kranstuber moved to treat this as emergency legislation. Mrs. Stillwell seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. Vote on the ordinance - Mr. Reiner, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes. Ordinance No. 158-97 - An Ordinance Accepting the Lowest and Best Bid for the Coffman Park Shelter House/Restroom Project, and Declaring an Emergency. Mayor Kranstuber moved to treat this as emergency legislation due to the time frames for the bid. Mr. Reiner seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes. Vote on the ordinance - Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes. ~ Ordinance No. 160-97 - An Ordinance Accepting the Lowest and Best Bid for the Sensory Garden at M.L. "Red" Trabue Nature Reserve, and Declaring an Emergency. Mrs. Stillwell moved to treat this as emergency legislation. Mrs. Boring seconded the motion. Vote on the motion - Mr. Campbell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes. Vote on the ordinance - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. McCash, yes; Mr. Reiner, yes. Ordinance No. 161-97 - An Ordinance Accepting the Lowest and Best Bid for Janitorial Services for 1998, Authorizing the City Manager to Enter into Contracts for These Services, and Declaring an Emergency. Mrs. Stillwell moved to treat this as emergency legislation so that the new contracts will be in place prior to January 1, 1998. Mr. Campbell seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. McCash, yes. Vote on the ordinance - Mr. Campbell, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mayor Kranstuber, yes. INTRODUCTION AND FIRST READING -ORDINANCES Ordinance No. 163-97 - An Ordinance Authorizing the City Manager to Enter into an Agreement with Washington Township for Snow Removal Services, and Deccaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that this contract modifies the existing contract providing back-up service and aper-call fee for certain portions of township. Staff is requesting emergency action so that the agreement is in place prior to the onset of winter weather. Mayor Kranstuber moved to dispense with the public hearing and to treat this as emergency legislation. Mr. Campbell seconded the motion. RECORD OF PROCEEDINGS Minutes of Meeting u m rty ounce eetmg age DAYTON LEGAL BLANK CO.. CORM NO. 10148 Held r~P~~~ 1407 19 ~I Ij Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Campbell, yes. Vote on the ordinance - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. Reiner, yes. n Ordinance No. 164-97 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1997. ~ Mayor Kranstuber introduced the ordinance. ~ Mr. Hansley stated that a detailed memo was provided by Ms. Grigsby. Staff has requested that Council dispense with the second reading and approve the legislation tonight. Mr. Campbell moved to dispense with the public hearing. Mrs. Stillwell seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Campbell, yes. Vote on the ordinance - Mr. McCash, yes; Mr. Campbell, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes. Ordinance No. 165-97 - An Ordinance Directing the Law Director of the City of Dublin to Petition the County Commissioners of Franklin County, Ohio for Annexation of Approximately 19.577 Acres of Land to the City of Dublin, and Declaring an Emergency. Mrs. Stillwell introduced the ordinance. Mr. Smith stated that this land is the 19.577 acre site that the City owns which abuts PVD Midwest. This land is contiguous to the land owned by Huntington Trust which will be annexed to the City soon. The reason for the emergency action is so that the parkland can be annexed to the City on a timely basis so that the stadium project can proceed, assuming it is approved by the voters on February 10. Mrs. Stillwell moved to dispense with the public hearing and treat this as emergency legislation. Mr. Campbell seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Campbell, yes; Mrs. Stillwell, yes. Vote on the ordinance - Mr. Campbell, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Reiner, yes. Ordinance No. 166-97 - An Ordinance Granting the Board of Education, Dublin City School District a Permanent, Non-Exclusive Storm Sewer Easement. Mayor Kranstuber introduced the ordinance. Mr. Kendra stated that this provides for a storm sewer easement for the new middle school as shown on the diagram attached. Staff recommends approval at the time of second reading. There will be a second reading and public hearing at the January 5, 1998 Council meeting. Ordinance 167-97 - An Ordinance to Appropriate a 0.0224 Acre Permanent Service Road Easement, a 0.0590 Acre Temporary Construction Easement and a 0.0057 Acre Permanent Slope Easement in Property Owned by FJ&S Investments, Located on the South Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio. Ordinance 168-97 - An Ordinance to Appropriate a 0.0973 Acre Temporary Construction Easement in Property Owned by Host Restaurants, Inc. Located on the South Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio. Ordinance 169-97 - An Ordinance to Appropriate a 0.1179 Acre Permanent Slope and Storm Drainage Easement and a 0.1213 Acre Temporary Construction Easement in Property Owned by Patrick Kelly Marsh, Located on the North Side RECORD OF PROCEEDINGS Minutes of Meeting u6Tin rty ouncirlG e mg age DAYTON LEGAL BLANK CO.. CORM NO. IOi48 Held ornmhnr i S, hoop 19 I,~, of Post Road, in the City of Dublin, County of Franklin, State of Ohio. ~'I Ordinance 170-97 - An Ordinance to Appropriate a 0.0816 Acre Permanent Service Road Easement and a 0.0227 Acre Permanent Slope Easement in Property " ~ Owned by Continental Real Estate Companies, Located on the South Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio. Ordinance 171-97 - An Ordinance to Appropriate a 0.0501 Acre Permanent Storm Drainage Easement and a 0.1254 Acre Temporary Construction Easement in ~ Property Owned by Willow Grove Condominium Association, Located on the North Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio. Ordinance 172-97 - An Ordinance to Appropriate a 0.0138 Acre Permanent Slope and Storm Drainage Easement, a 0.1654 Acre Temporary Construction Easement and a 0.2780 Acre Ingress and Egress Easement in Property Owned by OCLC On Line Computer Library Center, Inc., Located on the North Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio. Ordinance 173-97 - An Ordinance to Appropriate a 0.0715 Acre Temporary Construction Easement in Property Owned by Rea Real Estate, II Located on the South Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio. Mayor Kranstuber introduced Ordinances 167-97 through 173-97. The clerk read into the record the names of the property owners. Mr. Smith stated that this legislation allows legal staffto file appropriation actions if necessary to secure these easements for the Post Road bridge widening project. The emergency action is necessary because the project must be coordinated with the I-270 project by ODOT. Mrs. Stillwell moved to suspend the Council Rules of Order, to waive the reading of the ordinances, to dispense with the second reading, and to treat these as emergency legislation. Mr. Campbell 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; Mr. Reiner, yes. Vote on Ordinances 167-97 through 173-97 - Mr. Campbell, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes. INTRODUCTION & PUBLIC REARING -RESOLUTIONS Resolution No. 48-97 - A Resolution Requesting the Delaware and Franklin County Auditors to Draw and the Delaware and Franklin County Treasurers to Issue a Draft to the Director of Finance of the City of Dublin for any Money that May be in the County Treasury to the Account of the City of Dublin. Mayor Kranstuber introduced the resolution. Vote on the resolution -Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. Resolution No. 49-97 - A Resolution Extending the Terms of Board and Commissions Members Whose Terms Expire on December 31, 1997 to March 31, 1998. Mrs. Stillwell introduced the resolution. She explained that Council has changed their ~ time frames for board and commission appointments to the first quarter of each year, and thus some terms must be extended in order to comply. Vote on the resolution - Mr. McCash, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Resolution No. 50-97 - A Resolution to Appropriate a Fifty (50) Foot Wide Access Easement Across Property Owned by Continental Sawmill Limited Partnership, Located on the South Side of Village Parkway, and West of Dublin Center Drive, in the City of Dublin, County of Franklin, State of Ohio. Mayor Kranstuber introduced the resolution. Mr. Smith stated that Resolution Nos. 50-97 and 51-97 provide formal notice to the RECORD OF PROCEEDINGS Minutes of Meetin u m rty ounce eetmg age DAYTON LEGAL BLANK CO.. =ORM NO. 10148 III Held Dg6gmbgr } ~ }~7 19 ~ ~ owners of the affected properties of the construction of the road to service the new AEP substation. Vote on the resolution -Mrs. Boring, yes; Mr. Reiner, yes; Mr. Campbell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. Resolution No. 51-97 - A Resolution to Appropriate a Fifty (50) Foot Wide Access Easement Across Property Owned by Chelsea Partnership, Located on the West ~ Side of Village Parkway, and North ofDublin-Granville Road, in the City of Dublin, County of Franklin, State of Ohio. Mrs. Stillwell introduced the resolution. Vote on the resolution - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Stillwell, yes. THER Discussion re Deviation from Policy for Street Lights at Brand and Coffman Intersection Mr. Hansley stated that a request has been made by property owners Swingle to allow for the historical district black lighting at the intersection since their home on Brand Road is now part of that historical district. The City policy is to use the brown, tall lights for new road construction. Mr. Kendra is seeking direction from Council regarding their preference. Kristan Swingle, 5281 Brand Road stated that she is a member of the Architectural Review Board, but does not expect any special consideration given to her because of her membership. She is requesting an exemption from the street light policy because she is the owner of an historic property and she would like it considered on that merit. The Coffman Road widening project has impacted both their front and side yards, and they have worked with the City's engineering division to protect the integrity of their property. This modification as requested is outside of the scope of what the engineering division can authorize. The Coffman widening project calls for street lights to be installed along the entire length of the road, where formerly there was simply one light to illuminate the Brand Coffman intersection which was mounted on a telephone pole across from their house. The proposed lights to be installed under the project would be of modern style in keeping with the standard guidelines. They feel that the modern style would be jarring, juxtaposed against the authentic period appearance they have tried to preserve and enhance. They believe that the street lights for their historic property should be consistent with those used in the rest of Dublin's Architectural Review District in keeping with the character of the property, its visibility as a Dublin landmark, and its status as a part of the Architectural Review District. She indicated that they would like to work with the City to explore alternatives to preserve the historic appearance of their property. Mr. Kendra stated that staff has made a list of changes already made to accommodate the Swingles throughout this project. The changes include not performing a bike path close to their property, removing a guard rail which was installed, and adding stone on the bridge. The design of their driveway has also been modified a number of times. He distributed a drawing with the location and type of light poles to be installed in the area. His recommendation is to install the plan as proposed. If there continues to be a problem, additional review can be made at a later date. In response to Mrs. Stillwell, Mr. Kendra stated that the standard lighting is designed to put light on the pavement for safety reasons; the historical district lighting is designed to light up the entire area. This is a major intersection with left turn lanes and curves, and there is a safety issue involved in making this change to the plan. Mr. Campbell agreed that it makes sense that the taller lights will provide better lighting on the roadway. The entire length of Coffman Road, including the Coffman House will have the same type of lighting when this project is completed. He agrees with staff's recommendation. RECORD OF PROCEED! NGS Minutes of Meeting u m rty ounce eetmg age _ DAYTON LEGAL BLANK CO.. CORM NO. 10148 i L_ ` (1f1~7 n Held ramHG~~d, ~3 ~-f ~ ~ Mr. McCash noted that the Community Development Committee is reviewing the i neighborhood lighting intensity standards. He is not certain that the fixtures used in Old Dublin are appropriate for this location. There maybe another alternative which would ° light the intersection and not be offensive to their historic property. At this point, however, he does not see a compromise position to provide an acceptable level of lighting and an acceptable appearance. ~ Mr. Reiner noted that he would like to see the City replace the sugar maple trees which were lost during the road widening. Mr. Kendra stated that landscaping plans are currently being prepared for the project. He will pass along that comment to the designers. I Mayor Kranstuber stated that there are some consistency and some safety concerns involved with deviating from the policy on street lights. It was the consensus of Council not to deviate from the policy on street lights for this property. Mayor Kranstuber asked that staff work with the Swingles on the landscaping issues. Council Round Table/Committee Reports Ms. Hide Pittalu a reported: 1. She enjoyed the National League of Cities conference tremendously. 2. She will meet with Mr. Husenitza for an update on technology and invited members of Council to join her on Friday morning. 3. She attended a meeting regarding the uniform city sign project. Preliminary sketches were reviewed and revisions are being made at this time. 4. She attended a Community Policing conference today at the Hyatt Regency. 5. She announced that she was notified recently of her appointment to the National League of Cities Public Safety and Crime Prevention Policy Committee. This is the seat previously held by Mr. Campbell. 6. It has been a pleasure and a privilege working with both Mrs. Stillwell and Mr. Campbell while they served on Council. She wishes them the best of luck in the future. Mr. Reiner: 1. Thanked Mrs. Stillwell and Mr. Campbell for all they have done for the community. He has learned a lot from both of them, and he appreciates their efforts. The community will muss these two fine Council members. 2. Would like to devise an appropriate memorial for former Mayor Catherin Headlee. Mayor Kranstuber stated that the Christmas tree was dedicated to her, and the tree will be replanted in a park with a plaque in her memory. Mrs. Boring stated that Mr. Campbell and Mrs. Stillwell will be greatly missed. Mr. McCash noted that: 1. He attended the National League of Cities conference for the first time. It was a great experience and he enjoyed it and learned a lot from the information shared at ~ the conference. 2. In regard to the outgoing Council members, he stated that Mr. Campbell has very eloquently been able to give Council direction on what they need to do, and Mrs. Stillwell has been able to instruct them on the process in which to get there! Mayor Kranstuber stated: 1. He copied a letter to staff from Vincent Pettinelli, Chairman of VOCA Corporation regarding the traffic problems at the Avery Road intersection. He would appreciate an update from staff on the key issues involved with the traffic improvements in that area. 2. He would also like to know of the status of the Emerald Parkway bridge over 161, RECORD OF PROCEEDINGS Minutes of Meeting u m rty ounce eetmg age 11 DAYTON LEGAL BLANK CO.. CORM NO. 10148 Held aramhar 1 ~~,o~ 19 ,I. ~ and what the funding options are. How does the stadium issue impact the Avery- Muirfield Drive/161 intersection improvements? There was consensus from Council to have staff provide updates on these traffic issues. 3. He received a memo from Mr. Helwig regarding the Chamber of Commerce partnership agreement. Is there any Council action needed at this time? R~ Mr. Helwig responded that he would appreciate any feedback from Council, and any members are welcome to join the next meeting with the Chamber leadership to explore i common ground. Mayor Kranstuber asked that Mr. Helwig report back to Council following the upcoming ~ meeting. 4. Mr. Hansley will be honored by the Dublin Chamber of Commerce at their annual Recognition Luncheon on Friday. He congratulated Mr. Hansley on this award. 5. He received a memo from staff regarding the naming of the new park off of Cosgray Park. Staff is seeking direction about Council's desire for participation in this process. Following discussion, it was the consensus of Council to have this done as an administrative function. 6. Happy Birthday to Cindy on Wednesday! Brief comments were made by Mr. Hansley, Mr. Smith and Ms. Clarke regarding the contributions of Mr. Campbell and Mrs. Stillwell during their terms on Council. Mayor Kranstuber welcomed the new members who will be sworn in on January 5, 1998 - Bob Adamek and Greg Peterson. Mrs. Stillwell commented that she will miss the family she has shared so many Monday evenings with over the past years. The experience of NLC at Philadelphia brought to mind that the governance process in Dublin connects back to age old democratic processes. She believes she and Mr. Campbell have done the best job possible to lead the City into the future. She urged the new Council to be strong, to celebrate their differences, and to understand the process. She will continue to be a "cheerleader" for the City. Dublin is a special place, and she would not have traded the past four years! She thanked everyone for allowing her to serve. Mr. Campbell commented as follows: 1. At the NLC meeting, the budget process was discussed, including 59 points to streamline the process. The information is on the web at GFOA.ORG. He suggested that staff check this out. 2. He congratulated Mrs. Stillwell on her wonderful career at City Hall. He has appreciated the opportunity to serve with her over the past years. 3. He congratulated Ms. Hide Pittaluga on her appointment to the Public Safety and Crime Prevention Policy Committee at the National League of Cities. This is an honor, as only two are appointed from each state to each of the Committees. 4. He noted that Mayor Kranstuber has now completed his first term as Mayor, and he has done a tremendous job. He is hopeful that Council elects Mayor Kranstuber to another term. 5. It has been a privilege to serve with the members of Council, and he thanked the • voters for this opportunity. He also thanked his family for their support over the years. 6. He will miss the excitement of being involved in the decision making, but he will Truss most the friendships he has made over the years. 7. He cherishes the time he has spent on Council and is proud to have been a part of it. 8. He wishes Greg Peterson and Bob Adamek continued success. Mayor Kranstuber noted that an executive session is needed for land acquisition. He moved to adjourn to executive session for the purposes of discussion of land acquisition matters. RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce ee mg age DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held nerPmher 1T1427 19 jl~',, Mrs. Boring seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mr. Campbell, abstain; Mrs. Stillwell, f ~ abstain; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes. Mayor Kranstuber announced that the meeting will not be reconvened following the executive session. The meeting was adjourned to executive session at 10:10 p.m. I A ~ ~ Ma}for -Presiding Officer Clerk of Council