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HomeMy WebLinkAbout01/22/1996 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK R Held January 22, 1996 lg Mayor Kranstuber called the informal portion of the Dublin City Council meeting to order at 7:00 p.m. on Monday, January 22, 1996. Comments from Staff Mr. Smith noted that he will provide two memos to Council next week regarding the issues of taking related to zoning matters. Ms. Grigsby reported that staff met with Standard & Poor's rating agency on Thursday to review the February bond issuance. Standard & Poor's will notify the City of their rating status by Friday. Mayor Kranstuber asked Ms. Jordan and Mr. Lenz to provide a brief update on the status of the Community Recreation Center project, and Ms. Puskarcik to provide details regarding plans for the grand opening ceremonies. Mr. Lenz provided an updated construction timeline to Council, noting that the Center is on schedule in spite of the weather-related problems. Construction is scheduled to conclude approximately the first of June. Ms. Jordan stated that recruitment is underway for staffing of the rec center, including the wellness/fitness supervisor, facilities administrator and senior citizen coordinator. Ms. Puskarcik noted that she is working with the Parks and Recreation Division on proposals for the grand opening. They will present three options to Council and the costs of each at the first March meeting. Mr. Lenz provided a handout to Council with an extensive history of the building activity over the past 10 years. The adjusted cost for a house has remained fairly constant at about $180,000 plus the cost of the lot. He noted that 6 major builders have produced over 55 percent of the single family new construction in the community. Chief Ferrell noted that D.A.R.E. graduations are scheduled at 7 p.m. on January 30 and January 31 at Wright Elementary and Chapman Elementary. Mr. Smith noted that staff is working on the Caplestone Lane agreements and hopes to bring closure to the issues by the end of February. Staff is drafting an agreement for the Association to review. The Association is represented by Mr. Felty. Ms. Bearden reported that the Retention and Expansion Task Force will make a formal presentation to Council on February 20. Survey results show that traffic issues are a major area of concern. Mr. Campbell noted that he had circulated a memo to Council members with a proposal to create a traffic advisory committee as recommended in the Dublin R & E report. He has received positive feedback from other members of Council. He moved to direct staff to draft legislation creating a Traffic Advisory Committee to make recommendation to Council on traffic issues. This would be a 7-member board comprised of community representatives, representatives from the school, Engineering division of the City of Dublin, Police Department, Chamber of Commerce and Washington Township Fire Department. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Ms. Puskarcik announced she recently attended an Olympic Torch Committee meeting for Central Ohio and the runners will be announced on February 15. Mr. Campbell served on the Committee as a judge. Dublin is hopeful that the runners will come through the City and a celebration will be planned for that time. McDonald's and BMW are corporate sponsors of the Olympics. Mayor Kranstuber called the formal portion of the Dublin City Council meeting to order at 7:20 p.m. Mr. McCash led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mrs. Boring, Mr. Campbell, Ms. Hide Pittaluga, Mr. McCash and Mr. Zawaly. Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Mr. Harding, Ms. Grigsby, Ms. Clarke, Mr. Kindra, Mr. Lenz, Mr. McDaniel, Ms. Jordan, Ms. Puskarcik, Ms. Bearden and RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAITON LEGAL BLANK Held January 22, 1996 19 Ms. Colwell. Approval of Minutes of Tanuar~, 1995 Meeting Mrs. Stillwell moved to approve the minutes of the January 8, 1996 meeting. Mr. Zawaly seconded the motion. ~ Vote on the motion - Mr. Zawaly, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Approval of Minutes of the Special Meeting of January 11, 1995 Mr. Zawaly moved to approve the minutes of the Januazy 11, 1996 special meeting. Mrs. Stillwell seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Zawaly, 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 Mrs. Stillwell reported: 1. The newly formed Leadership Dublin group held their first session last weekend. Members will meet twice a month throughout the program. 2. A 9-county association representing Franklin and the contiguous counties has now been established and will be known as a Regional Association of Governments. Council Member Campbell has participated in the organizational effort. The mission of the group will be to unite the Central Ohio region through an association dedicated to utilizing our geographic regional diversity to advance our opportunities. Ms. Hide Pittalu~a: 1. Congratulated the Division of Public Information and Special Events for their recent recognition from the City Hall Public Information Awazds. 2. Requested an update from staff regazding the ongoing telecommunications negotiations. Mr. McDaniel responded that staff has been working on the issues for the past 2 years and they are now moving forwazd. He added that there will be a need for a public hearing soon regarding extended azea service for phone services for residents west of Avery Road. Mayor Kranstuber moved to refer the telecommunications matter to the Public Services Committee for an update and to monitor the progress. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Campbell, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Stillwell, yes. 3. Requested production of an up-to-date development map for Council's use during meetings in order to provide the "big picture" on development. Perhaps this could be a computerized version projected in the Council Chambers. Her intent would be to provide Council with an up-to-the-minute status of development proposals. Mr. Foegler suggested that staff work with the Community Development Committee on the format for this information. 4. Commented regarding her daughter's recent serious accident, commending the team effort by all of those who responded to the emergency. She praised the emergency response team, including the dispatcher, the police, the Perry Township Fire Department, the ambulance, MedFlight, and the trauma team at Children's Hospital. She thanked the entire community for their support, their concern and their prayers for her daughter. Mayor Kranstuber acknowledged the presence of his campaign treasurer, Shelly Petite, and thanked her for her support in his re-election campaign. LEGISLATION Third Readings Ordinance No. 0495 - An Ordinance Providing for a Change in Zoning for 2.6871 Acres of Land Located on the Southeast Corner of Avery Road and Post Road from: LI, Limited Industrial District to: PCD, Planned Commerce District. (Ashland Oil Company - SuperAmerica) (Public hearing (cont.) and third reading) (Applicant: Ashland Oil Company, Jeffrey Brown, Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK R Held January 22, 1996 lg Mr. McCash stated that he will recuse himself from voting on this ordinance and will not participate in the discussion due to a prior conflict before his election to Council. He noted that he has not had any conversations with any members of Council regarding this ordinance. Mayor Kranstuber noted that staff will make aten-minute presentation, to be followed with questions from Council to staff. The proponents and opponents will then have 20 minutes each for their presentations. Ms. Clarke stated that this rezoning is a composite plan for 2-1/2 acres at the southeast corner of Post and Avery/Muirfield Drive. The existing zoning is LI, Limited Industrial district, which provides a fairly broad range of industrial uses. The proposal is to rezone the property to PCD, Planned Commerce District in a clearly articulated plan. The use permitted on the site would be for a SuperAmerica store, including gasoline pumps, a convenience store with a Taco Bell, and aquick- change oil facility and car wash. The uses would be consolidated in one major building and under a canopy. She then showed slides of the area and described the surrounding uses. She noted that a substantial landscape buffer will be extended along Post Road, and the plan includes tree preservation as well as planting of additional trees. The buildings will be brick with residential roof lines and a canopy. Planning Commission reviewed the proposal at two meetings but did not make a recommendation since the proposal did not receive four affirmative votes. Revised plans have been forwarded to Council, and staff would request that Council's action tonight include the 9 conditions agreed to by Mr. Brown, representing the applicant at the public hearing before Council. Staff and the Planning Commission's position was that the site requires a great deal of sensitivity and Ashland has done an excellent job in terms of outstanding architecture and landscaping plans. The issue is whether this is an appropriate land use for the site. There was no consensus on the issue, and therefore the proposal comes without a recommendation from P&Z. Staff does recommend approval of the rezoning application. Mrs. Boring asked for clarification of the previous plans for the area in terms of transitional land use. Ms. Clarke responded that in previous rezonings of the area, the corner site was not included as the owner was satisfied with the LI zoning and had no interest in the PCD under consideration. She does not recall any discussion of this site, except that all along Post Road there were to be no curb cuts, all of the sites were to be internally oriented to the new street systems of Perimeter Drive and Perimeter Loop, and the only sites with direct access were single family homes. Mrs. Boring noted that the intention was to find a transitional use along Post Road. Ms. Clarke confirmed this and provided additional history of the Perimeter rezoning and the Post Road residents' desires. Mr. Kranstuber noted that the area to the east is single family and to the west is office. In view of this, what would the most appropriate land use be for this parcel? Ms. Clarke responded that it would be office site if a user could be identified. The other factor is that the property currently has limited industrial zoning rights. In terms of transitions, she would prefer that this be office use. Mrs. Boring pointed out that SuperAmerica would be the only commercial site not internally oriented. Mr. Zawaly asked Ms. Clarke about the rationale for the staff's recommendation of approval. Ms. Clarke responded that it is a good plan, well-buffered, and a more preferable zoning than an LI. If the site were unzoned, staff would prefer office zoning. The applicant in this case has complied with all of staff's requests for the development, and this retail plan is highly buffered. Ms. Hide Pittaluga stated that staff had previously commented that if this were to be zoned office, it may be difficult to lay out because of parking. Ms. Clarke responded that the site is flat and square and would accommodate many office designs with adequate parking. David D'Antoni. President of Ashland Chemical stated that they have accommodated the concerns raised about the proposal and are hoping to provide the citizens with the high quality services and convenience of a SuperAmerica in this location. He then introduced John Thaxton, Regional Real Estate Manager for SuperAmerica. John Thaxton displayed charts which demonstrate how the proposal addresses the modifications requested: RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held January 22, 1996 19 1. They have voluntarily agreed to limit the hours of operation in view of the neighborhood location. The other nearby retail developments will be allowed 24-hour operation. 2. They have provided for extensive landscaping, saving existing mature trees and installing $100,000 of additional landscaping, including mounding along the boundary separating the development from a residential lot. 3. They have revised their street access points to comply with Code and one of them will be aright in, right out because of the median on Avery/Muirfield. 4. The curb cut onto Post provides adequate circulation on site. 5. The property was oriented away from the interior and away from the neighboring residential sites at the request of staff and the neighborhood. It is oriented toward the adjacent commercial. 6. The facility lighting plan complies with Code. 7. They have agreed to neutral colored gas pumps with no internal illuminated graphics. 8. They have limited the use of outdoor speakers to emergency and safety communication only. 9. The garage doors at both the oil change and car wash are tinted and operate on an automatic basis so that internal operations are not visible to the passing public. 10. A City of Dublin limestone entry sign will be constructed facing the commercial traffic along Avery/Muirfield, and another stone entry pier will be located at the eastern end of the property with a bronze plaque indicating the Dublin residential district. 11. This is a much higher and better land use of the property than the current Limited Industrial zoning. 12. Any changes to the building, the exterior, the location or the use of the property would have to go back to Council for approval. 13. The facility plan would maintain 53 percent of the property as greenspace, far greater than the 30 percent required by Code. 14. Office use could not be sustained in this location, based on the number of office buildings for sale or lease along Post Road. , 15. They have thoroughly investigated other sites but found them unacceptable as outlined in a letter to Mayor Campbell. 16. The area is under-served in terms of service stations. 17. They have agreed to provide additional right-of--way along both Avery and Post Roads for future widening of the roads. He then showed a graphic presentation of a 1,000 foot circle around the site and the number of residential homes within the space. He noted that their business is dependent upon traffic and the residential support in the area. This is an important factor in the financing portion of the retail development. Mr. D'Antoni then commented that the application was submitted over a year ago, and they have worked closely with staff on the proposal, with business and community leaders and neighborhood groups. They believe it will be a favorable addition to the area and that it is well buffered. A survey done in November by an independent polling firm indicated that 89.5 percent of the residents of Dublin support this facility. In the immediate area, over half supported the facility on this site. Only 28 percent in the immediate area opposed it. Ben Jacoby. 5470 Ashford Road stated that he has lived in Dublin for 30 years and this site has been an eyesore. What is proposed would be a tremendous improvement. Ashland Chemical has been very beneficial to the City of Dublin, and he is in favor of the proposal. Mr. D'Antoni then asked the proponents in the audience to stand, and thanked them all for coming out tonight. He added that SuperAmerica and Ashland Chemical are committed to working cooperatively with the community as they have in the past. Chris Cline. 6060 Post Road stated that he was a residents'advisor during the original zonings in the 1980's: 1. He presented the original drawing plan presented in 1987 by Ben Hale which the residents of the area had endorsed. Everything north of Perimeter Drive was indicated as transitional uses, non-commercial uses, with residential orientation. The residents supported multi- family as atransitional use from the retail. 2. Limited industrial development would not make sense on this site as an office use would be much more profitable. 3. Muirfield/Avery Road was designed to be the primary entrance to residential Dublin and to Muirfield and this concept dominated the zonings in 1987 and 1989 -Lowell Trace, Riverside Hospital, and Perimeter Center. Retail development was accepted on Avery Road but only on the condition that visual and traffic impacts were minimized. Strict standards RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK O.. Held January 22, 1996 lg I were imposed, and retail development was prohibited from directly accessing Avery Road or even facing Avery Road. 4. SuperAmerica would be given a competitive advantage over the BP station with direct access and orientation which was denied the existing planned development. 5. This represents an expansion of an existing and carefully planned retail area, and Dublin's economic development strategy states that expansion of existing retail is not in the best interests of Dublin and should be discouraged. 6. Rezoning this site to such a high intensity commercial retail zoning will destroy key elements of the previous planning for the area, eliminating the transition between the retail and residential area. 7. This rezoning would undermine a key traffic goal of maintaining effective traffic flow on Avery Road. He summarized by stating that this application violates the most basic planning principles which ensure the community's continued quality. It is a choice between planning and spot zoning, and there is only one good choice. Edith Driscoll, 6230 Post Road stated that she represents the Post Road Residents Association. Her comments were as follows: 1. The rezoning application was a gamble that the applicant chose to take; they concentrated on architecture and landscaping design before the land use determination was made. The citizens of this section of Dublin have objected to the project all along on the basis of inappropriate land use which does not fit the long range plan. 2. The neighbors met with Jeff Brown last February and conveyed their belief that this was an inappropriate land use. The applicant has concentrated on concessions, while the land use issue is unresolved. 3. She has researched the principles of land use through her service on the Community Plan committee. She has mailed a list of guidelines to each of the Council members. It is clear that this proposed use fails every one of the guidelines. It constitutes spot zoning. 4. While there may be a temptation to permit spot zoning for this corporate citizen, she urges Council to defeat it in order to reach the long-range goal of a beautiful and well-planned city. Annie Moffat, Indian Run Meadows Board of Trustee stated that neither she nor 28 of her neighbors received a phone survey. The Association is opposed to the SuperAmerica in this location and will not support the station if it is built. Dublin needs the support of the businesses, but Dublin is what it is because of the residents. They chose to live in Dublin because it was very community oriented, and she hopes that Council does not disappoint them with this decision. Roger Eastep, 6390 Newgrange Drive, President of Lowell Trace Civic Association stated that he is here again to express the Association's opposition to the proposal. Very few of the residents of their neighborhood were surveyed about their preferences. Neighbors are in favor of a conveniently located gas station, but not in favor of this location. They are hopeful that Council will support the residents by defeating this ordinance. Lowell Mast. 6759 Avery Road noted that his comments involve visions, promises made, promises kept, traffic quality and values. 1. Over 20 years ago, the vision began with Annie Miller's residential deed restrictions on the northeast corner acreage. Council respected her wishes and the wishes of those who since have purchase home sites in that area. 2. Perimeter zoning called for a residential buffer along the south side of Post Road. 3. In 1987, Council approved a park reserve and office institutional uses for the northwest corner acreage. This was reaffirmed in 1995 with the approval of an 11-acre church/school complex with a 2.5 acre office site on the northwest corner. 4. The Riverside tract on the southwest corner was granted office use under a PUD plan approved within the last 5 years. 5. And now, Council is being asked to rezone a 2 plus acre site on the southeast corner immediately adjacent to and across from single family lots for an intense retail use. This is an inappropriate use for this location, and its approval would "fly in the face" of zoning and deed restrictions established over the past 20 years. 6. Traffic is another concern as the turning and re-emerging traffic at this intersection for a gas station location would add to existing problems. 7. The Post Road/Avery intersection has long been touted as one of Dublin's featured gateway sites. He has asked developers of their interest in the site at the northwest corner, and their response is that they would not be interested with a gas station located on the opposite RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK Held January 22, 1996 ig corner. Therefore, a retail use would affect not only the residential lots in the area but also the value and end quality of already approved office sites. 8. He asked that in the interest of vision shared, promises made, quality issues at stake, traffic and safety concerns, that Council deny the proposed rezoning. Robert Adamek, Wyndham Village Homeowners Association President. 7478 Tullymore Drive stated that they are located .7 miles away from this intersection. Their major concern is the safety issue. The customers of this station will enter from all directions, compounding the safety problems already existing at the intersection. His constituents did not receive the mass phone polling. Approximately 90 to 95 percent of the homeowners are in disagreement with this rezoning. They are not opposed to a SuperAmerica gas station in the area, but not at this particular corner. Raleigh Cruise, Valleystream Drive noted that he and 2 fellow residents did a house to house survey of the people in the immediate area and within a short time collected 352 signatures in opposition to the proposal. He takes issue with the Ashland statistics regarding support for the rezoning. It is a safe conclusion to say that the people in the immediate area are not in favor of this proposal. Council members then summarized their positions: Mrs. Borin¢ commented as follows: 1. Ashland Chemical is a good corporate neighbor and the proposed development is very attractive. 2. The issue here is a matter of integrity and consistency with an existing plan. People in the community worked hard to develop the plans for the area and this intense use is not consistent with the previous planning efforts. 3. Council has an obligation to maintain consistency with the original plan as committed to the residents. Mrs. Stillwell stated: 1. Council must make a decision based on what is best for the entire community, balancing the input from both sides. Ashland has been a good corporate citizen and can take a great deal of credit for the way the community has developed. 2. The decision comes down to the basic question of land use. While this is a beautiful facility, the location cannot be supported based upon the history and past policies already put into place with decisions made by previous Commissions and Councils. 3. She cannot support this rezoning application, but offered to continue to work with Ashland to find a suitable location for a SuperAmerica to arrive at a win/win solution over the long term. Mr. Campbell commented: 1. He thanked all parties involved for their courtesy and professionalism over the past year. 2. A major factor in the consideration is the de-emphasis of Post Road and the safety factors involved with left turn traffic. 3. He has supported controversial commercial rezonings in the past because they had merit for the City in terms of payroll tax or infrastructure contributions. In this case, the financial benefits for the City are not in place, i.e., income tax, infrastructure improvements, real estate taxes for the Ciry or the schools. 4. He sent letters in November to the civic associations in his ward, and all of the responses he received back expressed opposition to the rezoning. Since there is no compelling reason to support the rezoning and in view of the civic groups' opposition, he will vote against the rezoning. Mr. Zawalv stated that: 1. A common theme among Council members is that this may be the most difficult decision they have been faced with. 2. For him, personally, the history is in the record. As Council's representative to Planning & Zoning Commission, he spent extensive hours in review of the application. They were able to negotiate several additional conditions which raised the application to exceed the normal standards applied in Dublin. 3. He does not like the existing Limited Industrial zoning and supports staff's recommendation for approval. 4. These services are needed in all areas of the City, especially in this quadrant. 5. Ashland is a good corporate neighbor and, in this close call, they deserve a break which he is willing to give them. Ms. Hide Pittaluea commented as follows: 1. She agrees with both sides of this issue, noting that their presentations have been persuasive, eloquent and respectful. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK R Held January 22, 1996 19 2. This is a land use issue as well as a neighborhood issue. 3. Barring any overwhelming outcry for support of this kind of service in this particular neighborhood, she is unable to support the application. Mavor Kranstuber stated that: 1. ~ This applicant has been extremely responsive in this case and they are very good corporate citizens. He personally appreciates their contribution to the schools. 2. He believes that this is not an appropriate transition, is not oriented to the interior roads, and does not conform with the planning done in the area. It would constitute spot zoning and for these reasons he cannot support it. Vote on the ordinance - Mr. Campbell, no; Ms. Hide Pittaluga, no; Mayor Kranstuber, no; Mr. Zawaly, yes; Mrs. Boring, no; Mrs. Stillwell, no. A brief recess followed. An Ordinance to Accept the Lowest/Best Bid for Muirfield Village Phase 42 Fire Hydrant Relocation. (Third Reading) Staff is recommending adoption at this time. Vote on the ordinance -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; 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, and Declaring an Emergency. (Third Reading) Mr. Hansley stated that staff recommends adoption by emergency to obtain the revenues that are due the City. Mr. Campbell moved to treat this as emergency legislation. Mrs. Boring seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes. Vote on the ordinance - Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mr. McCash, yes; Mrs. Stillwell, yes. Second Readings 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. (Second Reading) Mr. Hansley stated that staff is requesting this be held over for a third reading at the next Council meeting. There will be a third reading of the ordinance at the February 5 Council meeting. Consent Agenda Items Mr. Campbell moved to treat Ordinance Nos. 04-96, OS-96, 06-96 and 07-96 as consent items, introducing them and waiving the first reading, and holding them over for second reading. Mr. McCash stated that he has some legal issues in regard to Ordinance No. OS-96 which he has requested Mr. Smith to respond to by memo. Mr. Smith agreed to do so. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes. Ordinance No. 04-96 - An Ordinance Accepting the Lowest & Best Bid for Sign Shop Materials. (First Reading) Ordinance No. 05-96 - An Ordinance Accepting the Lowest & Best Bid for Furniture & Accessories at the Dublin Community Recreation Center. (First Reading) Ordinance No. 06-96 - An Ordinance Amending Certain Sections of Ordinance No. 23-93 ("Compensation Plan"). (First Reading) Ordinance No. 07-96 - An Ordinance to Authorize the Establishment of the Land Acquisition Fund. (First Reading) First Reading Ordinance No. 08-96 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1996, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK Held January 22, 1996 19 Ms. Grigsby explained that a memo is attached explaining each of the sections of the ordinance. Mr. Zawaly moved to waive the three-time reading rule and treat as emergency legislation. Mrs. Boring seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittalu a es• Mrs. Borin es• Mrs. Stillwell es• Mr. Cam bell, yes. g ~Y ~ g~Y >Y ~ P Vote on the ordinance -Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mr. McCash, yes. Other Bradenton traffic issues Mr. Foegler provided a brief summary of the staff report on this matter which was included in the packet: 1. The report recommends the use of traffic calming measures, devices intended to reduce speed and to a lesser extent to reduce volume, and provides preliminary estimates for a signal in this location. Of those evaluated, the City Engineer recommends the most appropriate device in this situation is the speed hump. It would be done on an experimental basis to determine how well it addresses the speed issue in the neighborhood. 2. The preliminary cost estimate for a signal, which is not based on any design but on other similar applications, is approximately $125,000. Council's previous direction has been that signalizations of intersections in Dublin will be considered comprehensively within the context of a thorough review of all of the signalization needs city-wide. 3. This comprehensive review of signalization needs has been added to the scope of services of the traffic subconsultant for the thoroughfare portion of the Community Plan. 4. Staff does not object to installation of this signalization if Council desires to proceed. Staff is reflecting what is understood as the larger policy, that the City conduct an overall prioritization analysis for signals. 5. This intersection does meet the warrants for signalization. Sostene Codispoti, President, Llewellyn Farms Civic Association stated that a traffic light would be ' a step in the right direction, but not a total solution. They would advocate moving forward with the traffic light and keeping open the option of revisiting the closure of Bradenton with a study in 6 to 8 months. They do not believe the speed humps are necessary at this time. The residents would not turn down the speed humps, because the traffic light could eventually invite more traffic through the neighborhood. He believes in 6 to 8 months, they will be again asking for Bradenton to be closed. Ms. Hide Pittaluga asked Mr. Smith to comment on the fact that the recommendation of speed humps is made with caution because courts have held public agencies liable for personal injuries resulting from faulty application of traffic control devices on public streets. Mr. Smith responded that in this case, the engineering consultant professional has agreed to sign off on it and will support it and so the risk is minimal. The cases she refers to are those where governmental entities have installed safety devices without a professional recommendation. Mr. McCash noted that in installations of speed humps, he has observed additional problems with storm water backup in areas which are curbed and guttered. Is the City creating additional problems with the speed humps? Mr. Kindra responded that none of the devices are without problems, but this would be a design consideration for the devices. Mr. Campbell recalled that Columbus installed speed humps on Weisheimer Road, which runs parallel to Henderson. It was not perceived as a desirable solution in that area. He believes that the best alternative is a traffic light; the question is whether to install it now or later. A traffic light would draw the business traffic away from the neighborhood. He is in favor of spending the money for the traffic light. Mrs. Boring noted that she would have concerns with installing a signal at this location in view of the need for signalization at Bright and Riverside, a very dangerous intersection. Council needs to consider this signal within the context of the safety needs for all of Dublin. Mr. Zawaly agreed that this needs to be examined by the Public Services Committee in conjunction with all the other requests Council has had for traffic signals. The Committee can then make a recommendation to Council based on all of the data provided. Mr. Foegler noted that he will check with the consultant doing the traffic portion of the Community RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting OAYTON LEGAL BLANK Held January 22, 1996 ig Plan update to see if he could provide this information in the near future for the Committee to review. Mrs. Stillwell stated that she would support speeding up the process for this signal since it will be needed sooner or later. She would also suggest re-opening discussions on priorities for some of the other signals needed. , Mr. Campbell commented that the Bradenton intersection is estimated at a much lower cost than some of the others discussed. Secondly, there was no consensus on signalization for the other areas discussed -Bright and Riverside and Post and Avery. In the situation of Frantz and Bradenton, both the businesses and the residents support installation of a signal. Mr. McCash stated that he agrees with Mrs. Boring that a prioritization of signalization should be done. Hopefully, the traffic advisory committee can take this on as a task. His office is located at Bradenton and Frantz and there are safety concerns involved with not installing a signal and routing traffic through the neighborhood. That makes this situation unique. The estimated cost of $125,000 would be money well spent. Mrs. Boring commented that other requests for signalization have been reviewed by the Public Safety Committee and this is not being done for Bradenton/Frantz. Mr. Campbell noted that Council has had an extensive public hearing on this issue with numerous reports from staff and consultants. Mayor Kranstuber stated he does not support sending this to Committee. He supports spending the money to signalize Bradenton/Frantz to address the concerns of the businesses and residents. Mrs. Stillwell moved to direct staff to prepare an ordinance to implement the necessary contract to ' carry out the design of the Bradenton/Frantz intersection improvement. Mr. Campbell seconded the motion. Ms. Hide Pittaluga stated that she believes the traffic signal needs to be reviewed under the same process as the other proposed signals have been reviewed. She would advocate the installation of speed humps as a solution. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, no; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Mr. Zawaly asked if the design has been completed for Bright Road. Mr. Foegler responded that the design is complete - it could be bid today. Mr. Zawaly confirmed that by passing this motion, Council is authorizing dollars for design, effectively putting this proposed signalization in the same status as Bright and Riverside. Mayor Kranstuber asked Mr. Codispoti about his position on installation of speed humps. Mr. Codispoti responded that he would suggest that the City delay installation of the speed humps at this time. Mr. Foegler agreed to request from the consultant the timeframe for expediting the traffic portion without impacting the thoroughfare plan update for the Community Plan. He will report back to Council. Space Allocation Plan -Municipal Building ' Mr. Harding stated that he has prepared a report on space allocation, based upon Council's request at the last budget hearing. Several alternatives for space allocation are presented, but all include renovation of the existing carport. Staff is recommending that Council appropriate funds for the renovation of the carport for office space at a cost estimated at $150,000. Mr. Zawaly suggested further discussion at goal setting versus making a decision at this time. He would prefer that the Council space be within the present municipal building and that another function be moved to the carport. Mr. Harding responded that other divisions which could move to the carport include Personnel and Purchasing or Public Information/Special Events. Mr. Kranstuber expressed concerns about the exterior elevations and the appearance of the facility. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK Held Januazy 22, 1996 lg Mrs. Hide Pittaluga commented that she has similaz concerns about the azchitecture in view of the location on Coffman Road. Mr. Hansley noted that staff is trying to keep the costs low in view of the possibility that Council may in the next few yeazs decide to relocate the City facility elsewhere. The carport enclosure would be an interim solution. Mr. McCash stated that he has done some evaluations of costs on the municipal building. He agrees that the exterior elevations need some work. Another consideration is the operating costs for heating and ventilation of the space. He volunteered to work with staff on the proposal. Mr. Zawaly stated that he believes staff needs further direction from Council. He advocates setting time aside during goal setting for this topic. The consensus of Council was to have further discussion about the space needs at the goal setting sessions. Mrs. Stillwell cautioned that there is already much to accomplish in the time allocated for goal setting, including goal discussion and effectiveness of Council operations. Council Committee Reports Mr. Zawaly, Finance Committee Chairperson reported that they will meet to review bed tax applications on Wednesday, Januazy 24 at 7 p.m. in the roundtable room. Mrs. Stillwell noted that the Greenways Plan funding request was also referred to the Committee last yeaz. Mr. Zawaly noted that if time permits, they will review that as well. Mayor Kranstuber initiated a discussion of the status of the bikepaths. His recollection is that the Public Services Committee was to review the proposed additions and staff was to identify dollaz amounts. Council was to then vote on the proposed recommended additions. ~ He suggested that the Committee put this on their agenda or that it be put on a Council agenda under "Other" . Ms. Jordan stated that staff has a list of four or five additions, but an additional factor is whether the developer will fund the bikepath in the northeast quad. Mr. Hansley stated that staff will provide the list of recommendations to Council based on the $150,000 of funds allocated for this purpose. Following discussion, Mr. Kranstuber moved to refer the matter to Public Services Committee. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Campbell, yes. Mr. Hansley added that staff will provide the existing list to all members of Council for their review. Mayor Kranstuber asked about the status of the land acquisition information. Mr. Smith responded that Mr. Foegler will have a report to Council at the next meeting. Mrs. Stillwell, Administrative Committee Chairperson stated that the Committee met with Dale Bertsch on Tuesday and a draft agenda has been distributed for the February 9 and 10 goal setting sessions. The sessions will be held at the Muirfield Villas. The proposed agenda includes a discussion of the values of Council as a group, goal setting, azeas where policies aze needed or need strengthening, a discussion of the effectiveness of Council operations, and a facilities discussion. Also on the agenda would be prioritizing goals for 1997 and 1998, including action planning. Discussion followed about the proposed format. It was the consensus of Council to begin with goals discussion on Friday evening and to schedule the process discussions at the end of the retreat as time allows. Staff members attending will be Mr. Hansley, Mr. Foegler, Ms. Grigsby and the Clerk. Mr. Campbell asked that staff provide copies of the previous goals and status of those goals prior to the goal setting session. Discussion followed about the items referred to Committee previously and their status, as well as status of projects previously assigned to staff by Council. Mr. Hansley will work with the Clerk of Council to provide a list of open items and their status. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK Held January 22, 1996 ig Mayor Kranstuber stated that Ms. Puskarcik will now preview for Council the new City video which focuses on the quality of life in Dublin. At the conclusion of the video, she will show the commercials airing on Channel 28 featuring Dublin. Ms. Puskarcik proceeded to show the video and asked Council members for any input. Council members praised Ms. Puskarcik and her staff for the great job they have done with this video. Mr. Zawaly added that his only suggestion would be to highlight the churches in the community which are an important part of the quality of life offered to Dublin residents. Mayor Kranstuber moved to adjourn to executive session at 10:40 p.m. for discussion of personnel matters. Mrs. Stillwell seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. Mayor Kranstuber announced that the meeting will not be reconvened following the executive session. The meeting was adjourned to executive session at 10:40 p.m. ayor -Presiding Officer ;P Clerk of Council