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HomeMy WebLinkAbout01/08/1996 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK R Held January 8, 1996 19 Mayor Campbell called the Dublin City Council meeting to order at 7:00 p.m. on Monday, January 8, 1996. Mr. Zawaly led the Pledge of Allegiance. Mayor Campbell administered the oath of office to Council Members Chuck Kranstuber and to Cindy Hide Pittaluga. ~ Deacon Frank Iannarino, St. Brigid's Church, administered the oath of office to Council Member Thomas McCash. Roll Call Council members present were: Mr. Campbell, Mr. Kranstuber, Mrs. Stillwell, Mr. Zawaly, Mrs. Boring, Ms. Hide Pittaluga and Mr. McCash. Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. Kindra, Ms. Clarke, Mr. McDaniel, Mr. Lenz, Ms. Fierce, Ms. Puskarcik, Ms. Bearden, Ms. Jordan, and Chief Ferrell. Executive Session Mr. Zawaly moved to adjourn to executive session at 7:08 p.m. for the purpose of discussion of personnel matters. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes. The meeting was reconvened at 7:30 p.m. Mr. Campbell moved the election of Mr. Kranstuber as Mayor for atwo-year term. Mr. Zawaly seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mr. Kranstuber, abstain; Mrs. Boring, yes. i Mr. Zawaly moved the election of Mrs. Stillwell as Vice Mayor for atwo-year term. Mrs. Boring seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Zawaly, yes. Mayor Kranstuber introduced former Mayor Bob Karrer who administered the oaths of office to Mayor Kranstuber and Vice Mayor Stillwell. Comments from Council Members Ms. Hide Pittalu~a thanked her family for their support during her election campaign, along with her supporters, campaign manager, treasurer, coalition chair, team captains and consultants. She is committed to holding the interests of her supporters at heart while evaluating the long-term economic needs of Dublin. She looks forward to fostering adecision-making process that promotes cooperation, consensus and commitment to nothing less than excellence. Mr. McCash commented that each Council seat represents much hard work and sacrifice by the family members of those who are elected to serve. He thanked his wife, his daughters, his treasurer Ruth Reiss, and the many neighborhood associations and community groups who supported him. He is committed to working hard as a Council member to make sure that Dublin is the best place to live, work and raise a family. Mayor Kranstuber thanked his wife, Jill, who is ill and could not attend tonight and his children who ~ are present tonight. He thanked Bob Karrer for his role in the ceremonies, and congratulated Mayor " Campbell on the great job he has done over the past two years. He also thanked his treasurer, Shelly Petite, and supporters Chris Cline, Warren Fishman, and John Livorno. He acknowledged the presence of Lois Dixon, wife of former Mayor Joe Dixon who is ill and could not be present tonight. A short recess followed. Staff Comments Mr. Smith reported that he will distribute an updated memo to Council tonight regarding the Caplestone Lane agreement. He hopes to have it finalized within 45 days. He will also request tonight that Council refer the amusement ordinance (Ordinance No. 112-95) to the Planning & Zoning Commission for their review. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held January S, 1996 19 Ms. Jordan noted that the new parks program brochure was delivered last Wednesday and registration begins tomorrow evening. Chief Ferrell announced that the D.A.R.E. graduation ceremonies will take place soon. ~ Mr. Hanslev noted that both Parks Maintenance and the Service Department staff have been working 12-hour shifts for snow removal purposes at this time. Approval of Minutes of December 11. 1995 Meeting Mrs. Stillwell moved to approve the minutes of the December 11, 1995 Council meeting. Mr. Campbell seconded the motion. Vote on the motion - Mr. McCash, abstain; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Approval of Minutes of December 18, 1995 Meeting Mrs. Boring noted a correction on page 10 at the top of the page where it should state "scenic roadway" instead of "scenic collector." Mr. Campbell moved to approve the minutes of the December 18, 1995 Council meeting as corrected. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. McCash, abstain; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Correspondence The clerk reported that no correspondence requiring Council action has been received. Comments from Visitors There were no comments from visitors. Council Roundtable Mr. McCash complimented the Service Department for the fine job they have done of snow removal. Mrs. Boring asked about the status of information from staff about the outdoor pool fees. Mayor Kranstuber responded that this is not scheduled as an agenda item, but it can be scheduled at a future meeting if there is support from a majority of Council members. At this point, the fees will remain the same for the outdoor pool as last year. Following brief discussion, Mrs. Boring moved to consider a reduction in the outdoor pool fees at the first Council meeting in February. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Zawaly, no; Mrs. Boring, yes; Mayor Kranstuber, no; Mr. Campbell, no; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, no. Mayor Kranstuber announced that the motion has failed and that the fees will stay at the 19951eve1. Mrs. Stillwell commented that she is looking forward with great anticipation and excitement to serving with the new Council group over the next two years. Mr. Campbell wished Mayor Kranstuber and Vice Mayor Stillwell ail the best in their terms of office. He also thanked the Maintenance Division for their efforts in snow removal over the past week. Mr. Zawaly echoed Mr. Campbell's comments. He noted that a memo was contained in the packet - regarding some updated statistics from Cardinal Health and asked Ms. Bearden to elaborate. Ms. Bearden commented that Cardinal Health has exceeded the City's expectations and the City is very pleased with their progress. Ms. Hide Pittalu~a: 1. Congratulated Mayor Kranstuber and Vice Mayor Stillwell on their new offices and added that she is looking forward to working with everyone on Council. 2. Asked for a response to a memo she circulated to Council and to the City Manager requesting a legal opinion. Mr. Hansley noted that staff would suggest a formal motion from Council to undertake researching these legal issues. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK Held January 8, 1996 19 Mayor Kranstuber asked Mr. Smith for an estimate of the number of hours to produce the opinion. Mr. Smith stated that he could respond to some of the issues by memorandum, but not within the timeframe of ten days as requested. Since there are issues that may involve litigation, he would like to discuss the matter in executive session later this evening. Ms. Hide Pittaluga noted that she intended this to be a general discussion and not directed at any one ~ particular issue. She is requesting that the response be general in nature. Following further discussion, it was the consensus of Council to defer the discussion of the memo to a later executive session tonight. Proclamation Mayor Kranstuber read a proclamation honoring former Mayor Campbell for his distinguished service to the City, and proclaiming SuperBowl Sunday, January 28, 1996 as "Joel Campbell Day" in the City of Dublin. LEGISLATION Third Readings Resolution No. 25-95(Amended) - A Resolution Accepting the Visioning Process Report of the Dublin Community Plan. (Third reading) Ms. Fierce stated that some modifications have been made to the vision statement in terms of the intent and purpose as suggested by Council. The Steering Committee redrafted the report and are now requesting adoption by Council. It has been retitled, "Visioning Process Report" and a copy was included in the Council packet. Planning Commission has unanimously recommended approval of the report. David King Chairperson of the Steering Committee addressed Council. He noted that the visioning document before Council is a summation of the Plan process and contains the goals and principles on which the Plan is based. The vision statement will be generated at the end of the Plan process. Mr. Zawaly expressed his gratitude to the Steering Committee for their willingness to revisit the visioning statement process and added that the report shows a tremendous amount of effort. Vote on the resolution - Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes. Ordinance No. 112-95(Amended) - An Ordinance Amending Chapter 733 (Mechanical Amusement Devices), and Sections 1163.02,1181.01 and 1185.05(a) with Respect to Amusement Devices. (Third Reading) Mr. Hansley noted that the Law Director is recommending referral to Planning & Zoning Commission for consideration at the first March meeting. Mr. Zawaly moved to refer the ordinance to Planning & Zoning Commission to be considered at the first March meeting. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes. Ordinance No. 114-95(Amended) - An Ordinance Enacting the Codified Ordinances of the City of Dublin, Ohio, Revising, Amending, Restating,. Codifying and Compiling Certain Existing General Ordinances of the City Dealing with Subjects Embraced in the Code, and Declaring an Emergency. (Third Reading) Mr. Hansley stated that staff is recommending adoption of this recodification of the Dublin Code. Mr. McCash noted that there are some typographical errors and discrepancies within the new Code. Mr. Hansley responded that staff is aware of this, but with the computerized version of the new Code, the corrections will be made over the next few months. The clerk noted that a motion is needed to incorporate the changes on page two of the ordinance. Mr. Campbell moved to amend Ordinance No. 114-95 to incorporate the changes on the draft before Council this evening, which includes that the ordinance is effective on the date of passage as provided under Article 4, Section 4.13 of the Dublin Charter. Mr. McCash seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Zawaly, yes; Mr. McCash, yes. Mrs. Boring moved to treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held January 8, 1996 ig yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Zawaly, yes. Vote on the ordinance -Mrs. Boring, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes. Ordinance No. 118-95 - An Ordinance Amending Ordinance No. 30-92, Changing the Name "Park Development Fund" to the "Parkland Acquisition Fund" and Providing for an Annual Allocation of Funds from the Capital Improvements Tax Fund to the Parkland Acquisition Fund. (Third Reading) Mr. Hansley explained that this ordinance clarifies what is now known as the Park Development fund, specifying that its primary purpose is for the acquisition of additional parkland. Staff is recommending adoption at this time. Vote on the ordinance - Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Campbell, yes. Second Readings Ordinance No. 123-95 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $6,700,000 for the Purpose of Constructing, Furnishing and Equipping aMulti-Purpose Community and Recreational Center and Improving the Site Thereof, and Declaring an Emergency. (Second Reading) Ms. Grigsby explained that emergency action is needed in order to have the legislation adopted prior to release of the preliminary official statement. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Boring seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Vote on the ordinance - Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mrs. Boring, yes. Ordinance No. 124-95 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $700,000 for the Purpose of Improving the Vehicular Transportation System in the City by Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Bikeways and Viaducts, Acquiring Real Estate and Interest in Real Estate Therefor, and Providing Lighting Systems and All Other Necessary Appurtenances, and Declaring an Emergency. (Perimeter Drive Extension) (Second Reading) Ms. Grigsby noted that emergency action is also needed for this ordinance so that it will be effective prior to release of the preliminary official statement. She added that this debt will be retired through the service payments received from the Metatec Corporation. Standard and Poor's will visit the City next week for a rating review on the City's bonds. Mr. Campbell moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Boring seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Mr. Zawaly, yes. Vote on the ordinance - Mr. McCash, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes. Consent Agenda Items Mr. Zawaly moved to treat Ordinance No. 127-95, Resolution No. 32-95, and Ordinance No. 02-96 as consent items, introducing Ordinance No. 02-96, waiving their readings, holding them over for third reading and second reading as appropriate. Mr. Campbell seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, r. . yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Ordinance No. 127-95 - An Ordinance to Accept the Lowest/Best Bid for Muirfield Village Phase 42 Fire Hydrant Relocation. (Second Reading) Resolution No. 32-95 - 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. (Second Reading) Ordinance No. 02-96 - An Ordinance Amending Section 955.01 and Repealing Existing Sections 155.01 and Sections 955.01 - 955.04 with Respect to Cemeteries and Establishing a Dublin Cemeteries Guidebook. (First Reading) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK Held January 8, 1996 19 First Readines Ordinance No. 01-95 - An Ordinance Appointing Members to the Various Boards, Commissions and Committees of the City of Dublin, and Declaring an Emergency. (First Reading) Mrs. Stillwell introduced the ordinance and moved to waive the three-time reading rule and treat this as emergency legislation. Mr. McCash seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Vote on the ordinance - Mr. McCash, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes. Mrs. Stillwell noted that board and commission training has been scheduled later this month, and a recognition program for all members of boards and commissions will take place on February 7. Resolution No. 01-96 - A Resolution to Accept a $600,000 Grant from the State of Ohio Department of Development Roadwork Development Account, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the resolution, moved to waive the three-time reading rule, and treat this as an emergency. Mayor Kranstuber seconded the motion. Mr. Hansley explained that this resolution represents financial assistance from the State of Ohio to be provided for the Cardinal Health and Cellular One developments. With Council's adoption of the resolution, the State administration will forward it to the State Controlling Board for approval. Vote on the motion -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. Vote on the resolution - Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Other Adoption of Regular Meeting Schedule for 1996 Discussion took place regarding proposed dates for regular meetings, and it was the consensus of Council to adopt a regular meeting schedule for 1996, attached as Exhibit A. The meetings will begin at 7 p.m. Discussion followed regarding dates for goal setting sessions in February. It was the consensus of Council to meet on the evening of Friday, February 9 and during the day on Saturday, February 10. The Administrative Committee will meet to arrange for facilitators, discuss the agenda, and then report back to Council on the proposed plans. Appointments for Tax Incentive Review Council and Housing Council Mr. Hansley noted that the packet included a memo from Mary Bearden regarding appointments needed for a Tax Incentive Review Council and a Housing Council. He suggested working with the Administrative Committee on this process so that Council can take formal action at the next meeting. Wedgewood Hills -Final Plat (Applicant: Boston Development Company, c/o Charles Ruma, 1152 Goodale Boulevard, Columbus, OH 43212) Ms. Clarke stated that the subdivision is nearly completed. It is located north of Summitview Road and east of Riverside Drive. The neighborhood consists of 90 lots, with 3.3 acres of parkland. Negotiations took place with the developer to secure the parkland location in the northern area of the subdivision along the county line in order to preserve the largest trees. There are two areas of parkland, one of which adjoins the parkland in neighboring Campden Lakes. Sanitary sewer service for this area is provided by Delaware County. The density of the development is approximately 1 unit per acre. Planning Commission approved the final plat on December 7 subject to 9 conditions listed in the Record of Action dated December 7, 1995. The vote was 6-0. There are no issues of controversy remaining for this Dublin portion of Wedgewood which will be a premiere development of the northeast quadrant. Mr. McCash asked for clarification of condition 2 that requires fencing restrictions and no build zone restrictions to be noted on the plat. The language on the plat states that no perimeter fencing will be allowed on any lot except to eliminate specific safety concerns. In view of the cases brought to BZA regarding fencing restrictions, he wants to be sure that the intent of Planning Commission and staff is addressed with this language. Ms. Clarke responded that the intent is to provide a clear set of regulations so that future homeowners can look at the plat and understand why they can or cannot get a fence permit. If RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK Held January 8, 1996 lg perimeter fencing is not a clear term, perhaps another term should be used. She suggested that it may make sense to eliminate the word "perimeter", stating instead that no fence will be allowed on any lot except to eliminate specific safety concerns, i.e., enclosures for pools, securing steep slopes, drop-offs, etc. Mr. McCash asked if this language would coincide with deed restrictions for the properties. David Ruma. Boston Development Company stated that there is a strong set of deed restrictions regarding the type of fences permitted in the development. The perimeter fencing language seemed to address their concerns, as homeowners most often desire stone walls around features in the back yard or other types of what could be considered fencing. Perimeter fencing restrictions mean they cannot install a fence around the outskirts of their property. While perimeter fencing is prohibited, they will allow fencing within the lot as previously described. The language "no fencing" would preclude any type of fencing in the subdivision. Following additional discussion, Ms. Clarke stated that the perimeter fences Mr. Ruma is referring to are fences she would term as those within required yards. She and Mr. Ruma are in agreement on the terminology that both they understand and that homeowners will understand, and the plat note will be reworded appropriately. Mayor Kranstuber suggested that this item be tabled until the issue can be resolved. Following discussion, Ms. Clarke stated that Council can approve this tonight, and the matter can be worked out prior to the time that City officials place their signatures on the final plat. The developer and staff are in agreement on the issue -the language in the note on the plat will be clarified. Mr. Campbell moved to approve the final plat with the 9 conditions of Planning Commission, and with the additional condition that staff delineate the definition of the fencing prior to the City officials affixing their signatures on the approved plat. Mr. McCash seconded the motion. Vote on the motion - Mr. Campbell, yes; Mr. Zawaly, no; Mrs. Boring, abstain; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. Campden Lakes -Final Plat (Applicant: Campden Lakes Development, c/o Howard Adams, 1221 East Fifth Street, Columbus, OH 43215) Ms. Clarke stated that this subdivision lies immediately east of Wedgewood Hills. It is a single family subdivision consisting of 66 lots with 10 acres of parkland. She pointed out the following items: 1. Half of the property is located in Delaware County, outside of Dublin's jurisdiction. The developer has dealt with meeting regulations of both jurisdictions while maintaining a singular look for the development. 2. The developer has set aside more than double the required amount of parkland. It will be set aside as public parkland and is in two reserves: 7.7 acres along Summitview Road which is 400 feet in depth. The second piece is in the northwest corner of the site and abuts the nature preserve of Wedgewood Hills. 3. At the time of rezoning, a sidewalk waiver was granted on the condition that a bikepath be installed. There is to be a bikepath that encircles the lake on the Dublin portion, and instead of two sidewalks, there is to be a bikepath on one side of the road. As part of the staff recommendation and condition of P&Z, the path was to be installed by May 30, 1996 or as approved with staff; the developer has now proposed that homeowners be notified in every way possible of the bikepath location, and the path not be installed until 90 percent of the lots on one road are developed. His concern is about the damage done to the bikepath installed before the construction process. 4. Regarding the parkland, it has always been the City's and developer's understanding that the park within the area would be developed by the developer. He was to install the path within the area and it would be set aside for natural purposes. Discussion has taken place this evening about how to approach the issue of what is passive park and what is not passive park. Staff has agreed with the developer that the language will be resolved, and that either a deed restriction or a revised plat will be submitted to City Council when that is completed. The issue revolves around protecting a homeowner's right to know what will be developed next door, protecting the developer's monetary contribution to the park system, and protecting the City in terms of its long-term park development rights. 5. Planning Commission reviewed this application on December 7 and approved it with 11 conditions as noted in the Record of Action of December 7, 1995. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK Held January 8, 1996 ig Mr. Campbell proposed that the issues be resolved before Council's consideration tonight. Mr. Zawaly agreed, adding that he cannot support this with the unresolved issue. Mayor Kranstuber stated that there are two problems: one, all of the hours of review at Planning Commission and Council now considering an unresolved issue; and the policy decision involved when staff agrees to work this out subsequent to Council's approval. This development has been in the process for over two years, and the issues should have been resolved prior to tonight. Mr. Foegler commented that staffs intent is that if the deed is provided to the City in the usual format and is approved by the City attorney, staff would then sign off as is the normal procedure. It would not then come to Council for further consideration. On the other hand, if the developer desires a lot of restrictions on the deed in terms of use of the property, then staff brings it back to Council for a decision on whether they are willing to accept the parkland with those conditions and restrictions. Mr. Kranstuber suggested tabling the item for one month. Mrs. Boring agreed, adding that she is uncomfortable with the process. Howard Adams, applicant stated that he thought the matter was resolved three years ago and that the park was to be a passive park. He noted that the parkland improvements to be funded by the developer total $90,000. They are donating more than twice the amount of required parkland to the City. He wants assurance from the City, however; for the homeowners whose land abuts the park that structures will not be built on the parkland. He would agree to language that there will be a setback and nothing will encroach within 200 feet of the rear of those lots other than a nature preserve or a walkway. Ms. Clarke clarified that what has always been discussed was that the parkland was to be set aside as natural areas to be landscaped, and to include bikepaths or a walking path system, and that it was not specifically to be used for organized play. The previous discussions did not preclude, however, development of a tot lot on the site if the homeowners so desire. What was agreed was that it would not be used for active sports. Staff did not at any time discuss what form restrictions on passivity would take, but staff's expectation was not to restrict this within the deed. Mrs. Boring noted that in the minutes of July 19, 1993, citizens had stated that the parkland was to benefit that development only and serves as a development buffer. If the City is to assume responsibility for the land, and the parkland benefits only the development, it is not appropriate. Following discussion, Mr. Foegler noted that the conflict here is the long-standing City policy regarding accepting parkland. The City's policy is not to accept parkland with deed restrictions limiting the use of the land now or in the future. The policy decision of Council in this case is whether they are willing to accept restrictions on the parkland use in consideration of the doubling of the parkland donation. If Council chooses not to accept restrictions on its use, the developer may request to amend his preliminary plat and start the process over. Discussion followed, initiated by Mayor Kranstuber about the final plat process and the fact that any additional issues which come up after P&Z's approval should perhaps be reviewed by P&Z. Ms. Jordan stated that on page 13 of the P&Z minutes of June 10, 1993, she specifically clarified the issue about the nature of the parkland, and that it could include a tot lot, shelter house or similar facility to serve the neighborhood. Mr. Zawaly noted that in view of the amount of parkland being donated to the City, he is willing to accept the deed restrictions. He then moved approval of the final plat of Campden Lakes with the conditions of Planning Commission, and with the understanding that the deed transferring parkland to the City will preserve the passive character of that park as represented to the Planning Commission and to Council. Mrs. Stillwell seconded the motion. Mrs. Boring noted that she has some concerns with the muddy conditions on Summitview as a result of the construction on this development. The clean-up there has been unsatisfactory to area residents. Mr. Adams responded that he will ensure compliance with the City's regulations - it is not his intention to irritate neighbors. Mr. McCash noted that he has some concerns about giving broad discretion to staff and to the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK Held January 8, 1996 ig developer to work out the deed restrictions. He is concerned that deed restrictions could preclude picnic shelters or tot lots for future residents of the area. Mr. Adams responded that they never disagreed with a tot lot, they were opposed to an active park. He does not want organized activities in the park area, but tot lots and picnic shelters are acceptable. Discussion followed, initiated by Mrs. Boring, about the possibility of taking the extra 200 feet and putting it under the ownership of the homeowners' association; the City could then take the other 200 feet for parkland and there would be no discussion needed. Mayor Campbell pointed out that the benefit to the developer in donating the land to the City is that the City is responsible for future maintenance. The developer could have incorporated a no-build zone for the land, and the City would then have no responsibility for future maintenance. Mr. Foegler noted that reconfiguring lot lines and changing the parkland would constitute an amendment to the plat sufficient to where action tonight would be inappropriate. If Council accepts the position that the parks should essentially be passive, but allows the City normal discretion for passive kinds of uses, he believes staff has adequate direction from previous park planning with Council to understand the kind of conditions to be put in the deed. If an agreement cannot be reached, the issue will be brought back to Council. Mayor Kranstuber called the question. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. Westbury -Minor Revision to Preliminary (Applicant: Northwood Land Corporation, c/o David E. Haid, 941 Chatham Lane, Suite 100, Columbus, OH 43221 for property owner Walter L. Starkey, 6503 Cook Road, Powell, OH 43065) Ms. Clarke stated that Westbury is a subdivision consisting of 2911ots, a portion of which is located in Union county. The rezoning application and preliminary plat for that portion will be brought to Council soon. This revision involves the northeast corner of the site and the configuration of the northeast 14 lots. An agreement has been reached between this developer and the developer immediately to the east, M/I Homes, regarding whereto bring the sewer across Brand Road and how the two subdivisions will interface. It has resulted in this minor change to the subdivision plat. There are 15 conditions in the staff report, which are the same conditions imposed at the preliminary plat stage by Council. Mr. McCash asked about condition #7, fence restrictions on the preliminary plat, where it states that fencing where permitted shall be constructed in accordance with the fence details on sheet 2. The details are not included on sheet 2. Ms. Clarke will ensure that this is corrected. Mr. Campbell moved approval of the minor revision to the preliminary plat with the 15 conditions noted in the P&Z Record of Action of December 14, 1995. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes. Council Committee Reports Mayor Kranstuber noted that Council will adjourn to executive session to discuss personnel matters related to committee assignments. Other Business Mr. Zawaly noted that several non-substantive corrections were made to the final version of the Charter that was filed with the Board of Elections on January 4. A final copy was provided to Council members this evening. Mrs. Stillwell moved to adjourn to executive session at 9:35 p.m. for the purpose of discussion of personnel matters, land acquisition, and legal matters. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes. The meeting was adjourned to executive session at 9:35 p.m. Mayor Kranstuber noted that the meeting will be reconvened later this evening to announce Council RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK Held January 8, 1996 19 committee assignments. The meeting was reconvened at 11:50 p.m. Mr. McCash moved that the following appointments be made to the standing committees of City Council: Administrative Committee -Chairperson Judi Stillwell, Tom McCash and Peter Zawaly; Community Development Committee -Chairperson Tom McCash, Cindy Hide Pittaluga and Joel Campbell; Finance Committee -Chairperson Peter Zawaly, Joel Campbell and Cathy Boring; Public Services Committee -Chairperson Cindy Hide Pittaluga, Cathy Boring and Judi Stillwell; representative to Planning & Zoning -Cathy Boring; MORPC reuresentatives -Judi Stillwell and Tim Hansley; Community Plan Steering Committee -Joel Campbell, Judi Stillwell, Peter Zawaly and Denise Franz King. Mrs. Boring seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. The meeting was adjourned at 11:52 p.m. Mayor -Presiding Officer .~r~~~'~ Clerk of Council