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HomeMy WebLinkAbout02/20/1996 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 Held February 20, 1996 19 Mayor Kranstuber called the informal portion of the Dublin City Council meeting to order at 8:00 p.m. on Tuesday, February 20, 1996. Comments from Staff Mr. Smith stated: 1. He will draft legislation in the near future that addresses bidding of design services for charter cities. 2. He will make a brief presentation at the Ohio City Manager's Association conference in Dublin tomorrow on this topic. Ms. Grigsby reported: 1. A copy of the City's official statement regarding the bonds for the Community Recreation Center has been distributed to Council tonight. 2. The laptop computers are now ready for pick-up by Council members. Council members interested in training sessions should contact Bob Lesiacsek or Amy Dellenbach in Information Services. Mr. Kindra noted: 1. Information was included in Council packets regarding notification from Ohio Public Works Integrating Committee of the awards for funding for the Coffman Road project and for the West Branch sewer. 2. The Avery Road corridor traffic study has been provided to Council, and the staff memo attached proposes utilizing the currently budgeted $200,000 for design work for near-term improvements. After those improvements are designed, staff will bring back the construction estimates to Council for consideration. Council members indicated they have no objection to proceeding with the design work as proposed by staff in the memorandum. Mayor Kranstuber called the formal session of the Dublin City Council to order at 8:20 p.m. Mrs. " Stillwell 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, Ms. Grigsby, Ms. Clarke, Mr. Kindra, Mr. Lenz, Mr. McDaniel, Ms. Puskarcik, and Ms. Bearden. Approval of Minutes of Tanuary 22 and February 5, 1996 Meetings Mr. Zawaly moved approval of the minutes of January 22, 1996. Mr. Campbell 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. Mr. McCash noted a correction to page 5 of the minutes of February 5. In Mr. Hunter's comments, the last sentence states that "they will meet the Dublin landscaping Code, which is the most stringent Code in the marketplace. " He proposes revising this to state, "they will meet the Dublin landscaping code, which he considers to be the most stringent in the marketplace. " There were no objections to the revision. Mr. Zawaly moved approval of the minutes of February 5, 1996 as revised. Mr. McCash 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 a notice was sent to Council from the Department of Liquor Control regarding a transfer of DS & D6 liquor permits from Continental Sawmill, Inc. to Bayou Cafe, 6665 Dublin Center Drive. Nate Gordon is present representing the applicant. There was no objection to the transfer of permits. Comments from Visitors Jack Chaisson, representing the Dublin Chamber of Commerce presented the final report of the Dublin Retention & Expansion Task Force to Council. He acknowledged the efforts of Mary Bearden and Kathy Black of the Ohio State Extension who coordinated the project. The final report will be presented at a community breakfast meeting on Friday, February 23 at the Country Club at RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1074 Held February 20, 1996 19 Muirfield. He indicated that they aze hopeful that the partnership effort between the City and the Chamber will continue. Mr. Foegler noted that staff will prepaze a resolution for Council to formally accept the report. Mrs. Stillwell noted that it is important to have a specific body accountable for monitoring the ' increases in employment and payroll tax revenue. There may be some further clarification needed regazding the implementation of the findings. David King, Chairperson of the Community Plan Steering Committee provided an update to Council on the plan. Eight subcommittees have now been established to address vazious topics. Important future dates aze Tuesday, May 14 when they hope to schedule a joint session with Council, a community forum on May 21, and another joint session with Council in September. Council members noted that they are available to meet on May 14 and the consensus was to schedule the meeting at the 5800 Building. In response to Mrs. Boring, Mr. King suggested that residents interested in serving on subcommittees contact him or Lisa Fierce. They are particulazly interested in individuals with expertise in the vazious subcommittee azeas. Council members thanked Mr. King for the leadership role he has taken with the Plan and asked him to continue to provide updates to Council in the coming months. Council Roundtable Mrs. Stillwell reported: 1. The I-270 widening will now be to four lanes instead of three, and the widening project is included on the state TIP. She thanked staff and Council members for their work with surrounding communities and with MORPC on this issue. Mr. Kindra pointed out that the funding for the project, especially for the fourth lane, is yet to be completely worked out. Mr. Foegler added that some innovative and creative financing mechanisms are being explored, but most importantly, there is a full commitment from all parties about the timeframes and priority for the widening. 2. House Bill 533 may have implications for local communities in terms of "takings" . The bill seems to be progressing rapidly through the General Assembly. If this bill is not in the City's best interest, she believes the City should be taking a position. Mr. Foegler responded that he has requested from OML all of the testimony from the heazings to date. The implications for a City such as Dublin aze only negative. He suggests that a more full analysis be done by the City regazding the implications. Mr. Smith noted that their office legislative liaison to the Statehouse is planning on attending the hearing tomorrow. He will forwazd materials on this matter to all of Council. Mr. Foegler noted that another bill of interest to the City is currently before the legislature. This bill effectively eliminates the 3-mile extra-territorial platting jurisdiction. Dublin has never exercised this authority, but as an outgrowth of the Community Plan effort, Council may determine that for good planning purposes this option would be worth preserving. Mr. Smith noted that the annexation bill is still being monitored closely by staff. Discussion followed about the lobbying efforts of the City on these matters. Mrs. Stillwell suggested that, in keeping with the discussion at goal setting about relationship building, Council may want to consider future implementation of policies on procedures for these efforts. 3. Mrs. Stillwell congratulated Ms. Grigsby on the Certificate of Achievement received for the 1994 Comprehensive Annual Financial Report. , Mr. Campbell commented that Mr. Hansley and Mr. Foegler did a very nice job with the State of the City presentations at the Chamber meeting tonight. He thanked them for all of their hard work. Mr. Zawalv noted that he has received materials on the federal grant administration policies which aze currently being revised, and offered to share them. Ms. Hide Pittaluga reported: 1. In regazd to the proposed landscape revisions she spoke of previously, she is working with Kathryn Epp of the Tree and Landscape Advisory Commission to review the current Code and the proposed changes. She will report back to Council at their next session. 2. She has had a request for additional directional signage at Hard and Sawmill for the Dublin RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 Held February 20, 1996 19 Scioto High School. Mr. McDaniel responded that he has spoken with Columbus and Columbus has agreed to have the signs prepared and installed at that location. Mayor Kranstuber stated that a House Bill was introduced last week giving municipalities the right to charge up to $2,000 in impact fees for new residential homes. This may be important to track. Mr. Smith stated that he will keep Council apprised of the status. Mr. Kranstuber noted that there has been a request for an executive session for discussion of legal and personnel matters. Mr. Campbell moved to adjourn to executive session at 8:45 p.m. for this purpose. Mr. McCash 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; Ms. Hide Pittaluga, yes. The meeting was reconvened at 9:25 p.m. LEGISLATION Public Hearine Ordinance No. 110-95 - An Ordinance Providing for a Change in Zoning for 21 Acres of Land Located on the South Side of Brand Road, Approximately 1,000 Feet West of Avery Road, at the Franklin County/Union County Line from: U-1 (Jerome Township Zoning District) to: PLR, Planned Low Density Residential District. (Westbury In (Public Hearing) (Applicant: The Northwood Land Corporation, David E. Haid, President, 941 Chatham Lane, Suite 100, Columbus, OH 43221) Registered as a proponent of the rezoning was David Haid, 941 Chatham Lane, Columbus, OH. There were no registered opponents. Ms. Clarke stated that this rezoning was reviewed at Planning Commission in conjunction with the preliminary plat, and the documentation provided to Council is in regard to both items. This is a rezoning for 21 acres located in Union County which was annexed to Dublin in 1995. There was a major rezoning for the first portion of Westbury which is located in Franklin County, and this is the follow-up rezoning and preliminary plat for the residual 21 acres which was part of the farm and which was annexed from Union County. There will be 42 single family lots, and she showed slides of the site and surrounding area. The parkland areas in the overall development are in the southeast corner. The overall parkland development exceeds Code requirements. The layout, density, and park areas were reviewed with the rezoning application and preliminary plat for the Franklin County portion. Planning Commission recommended approval of this application and plat on December 7, 1995 with 15 conditions as listed in the Record of Action: 1. That the parkland be clearly identified on the plan (renamed from "open space"). It needs to be dedicated to the City by warranty deed with the recording of the final plat, with recording fees paid by the developer; 2. That a tree preservation plan be submitted, before completion of construction drawings, outlining the areas of preservation and proposed lot lines, utilities, easements. Adjustments may be required to preserve trees; 3. That 25-foot no-build zones be provided along the rear of lots which abut the southern park area (Lots #285-287 and 290-291), 10-foot no-build zones be provided along the side yards of Lots #284, 285, 94 and 95, and the no-build zone on Lot #115 be enlarged from 10 to 20 feet; 4. That the bikepath along Tullymore Drive to Brand Road be concrete, and additional bikepath easements be created between lots #51 and 52, and 76 and 77, and a bikepath to be installed along the entire Brand Road frontage to the east property line, with all paths to be installed when the streets are constructed; 5. That a note be added to the plat providing that all houses (living space) shall be located within a single county; 6. That a buffer plan be provided for the lots which abut Brand Road, including mounding and landscaping, before the final plat is submitted; 7. That fencing restrictions and side yard and rear yard requirements be provided on the preliminary and final plats; 8. That Blayney Court be renamed consistent with Wyndham Village Section 4; 9. That access for the one-acre outparcel be resolved by the applicant; 10. That all floodway, floodplain and floodway plus 20 feet information be indicated on all plans (including building permits), and lots be redrawn, if needed, in accordance with FEMA regulations; 11. That all pavement, rights-of--way, utilities, storm sewer management, cul-de-sacs, vertical RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Held February 20, 1996 lg alignments and street geometrics, including the bridge across the North Fork of the Indian Run, be designed to the satisfaction of the City Engineer; 12. That stormwater management basins be located outside the 100-year floodplain and be approved by the City Engineer; 13. That no-parking areas be designated along one side of all 28-foot streets, as measured back- to-back of curb, on all plats, plans and building permits; . 14. That all changes be made to the preliminary plat to the satisfaction of staff prior to scheduling this application for City Council consideration; and 15. That the boundaries of the electric and phone company service providers be shown on the final plat. The overall density is 2 units per acre and is consistent with the Community Plan. The density in this portion is 1.76 units per acre. Mayor Kranstuber noted that Council will be asked to approve the preliminary plat for this area as well at the third reading of the rezoning. David Haid. 941 Chatham Lane stated that he is available for questions. Mr. McCash pointed out that on the preliminary plat, it still refers to a fence detail on sheet two. He would suggest revising this to state that the fence detail is contained in the development text in order to provide a more clear understanding. Ms. Clarke agreed to do this. There will be a third reading at the March 4 Council meeting and consideration of the preliminary plat. Third Readings Ordinance No. 63-95 - An Ordinance Providing for a Change in Zoning for 111.7 Acres of Land Located at the Northwest Corner of Rings Road and I-270 from: R, Rural District and " R-lA, Restricted Suburban Residential District to: PCD, Planned Commerce District. (Thomas & Kohler Properties on Rings Road) (Third Reading) (Applicant: The Edwards Company, c/o Ben Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mayor Kranstuber noted that the applicant has requested that this ordinance be tabled. Since the Planning Director will be out of town on March 4, he would recommend tabling until March 18, 1996. Mrs. Boring moved to table the ordinance until March 18, subject to the concurrence of the applicant. Mr. Zawaly seconded the motion. Jeff Brown. representing the applicant stated this is acceptable. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes. Ordinance No. 0496 - An Ordinance Accepting the Lowest & Best Bid for Sign Shop Materials, and Declaring an Emergency. (Third Reading) Mr. Hansley stated that staff is requesting emergency action in order to have the materials available as soon as possible. Mayor Kranstuber moved to treat this as emergency legislation. Mrs. Stillwell 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. Vote on the ordinance - Mr. Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. McCash, a. yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Ordinance No. OS-96 - An Ordinance Accepting the Lowest & Best Bid for Furniture & Accessories at the Dublin Community Recreation Center, and Declaring an Emergency. (Third Reading) Mr. Zawaly moved to treat this as emergency legislation due to the need to ensure timely delivery of the equipment for the recreation center. Mrs. Boring 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. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Mr. Zawaly, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYT N LEGAL BLANK CO. FORM NO. 1014 Held February 20, 1996 19 Ordinance No. 06-96(Amended) - An Ordinance Amending Certain Sections of Ordinance No. 23-93 ("Compensation Plan"). (Third Reading) Mr. Harding explained that an amendment is needed due to the technical error in the first draft where probation officer was listed in both the exempt and non-exempt categories. Mr. Campbell moved to amend the ordinance per the revised draft submitted to Council at the second reading. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes. Vote on the ordinance - Mr. Zawaly, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Ordinance No. 07-96 - An Ordinance to Authorize the Establishment of the Land Acquisition Fund. (Third Reading) Mr. Hansley noted that staff is recommending adoption at this time. Vote on the ordinance -Mayor Kranstuber, yes; Mr. Zawaly, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Campbell, yes. Second Readings Ordinance No. 09-96 - An Ordinance Amending Section 51.61 of the Codified Ordinances Establishing the Sanitary Sewer User Fees for the Area that will be Serviced by Delaware County, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that staff will recommend emergency action at the third reading in order to waive the 30-day waiting period. The clerk reported that developer Bill Adams was contacted regarding this legislation and a copy was faxed to him last week. Mr. Foegler stated that emergency action is needed in order to collect the user fees at the time building permits are issued for the developments. There will be a third reading at the March 4 Council meeting. Ordinance No. 11-96 - An Ordinance Consenting to ODOT's Rehabilitation of the Existing I- 270 Bridge over the North Fork of Indian Run, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that staff will recommend adoption by emergency at the third reading to comply with ODOT's timeframes. Ordinance No. 1496 - An Ordinance Declaring Improvements to Certain Parcels of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit Those Parcels, Requiring the Owners Thereof to Make Service Payments in Lieu of Taxes, Authorizing an Agreement with Duke Realty Limited Partnership and the Edwards Company with Respect to those Payments, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, Authorizing a Related Amendment of an Agreement with the Dublin City School District, and Declaring an Emergency. (Second Reading) Mr. Foegler explained that this ordinance provides for the economic development agreements and tax increment financing agreements in conjunction with the Thomas Kohler property rezoning. Staff will likely request tabling at the next reading so that it is on the same track as the rezoning which was tabled until March 18. He noted that there will be some modifications proposed to the agreements referred to within the ordinance prior to the time of the request for adoption. There will be a third reading at the March 4 Council meeting. Ordinance No. 15-96 - An Ordinance Authorizing a Contract for the Continued Employment of the City Manager, and Declaring an Emergency. (Second Reading) Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Stillwell seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Campbell, yes. Vote on the ordinance - Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes. Ordinance No. 17-96 (Amended) - An Ordinance Appointing Members to the Tax Incentive Review Council of the City of Dublin, and Declaring an Emergency. (Second Reading) Mrs. Stillwell noted that a memo has been forwarded to Council from the Administrative Committee with recommendations for appointments to the Tax Incentive Review Council and the Housing Council. The committee is also recommending adoption by emergency this evening. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 Held February 20, 1996 19 I Mr. Campbell moved to amend the ordinance to include the position holders as recommended by the Administrative Committee. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mr. Campbell, yes; Mrs. Stillwell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Campbell, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Ordinance No. 18-96 (Amended) - An Ordinance Appointing Members to the Community Reinvestment Area Housing Council, and Declaring an Emergency. (Second Reading) Mrs. Stillwell moved to amend the ordinance to include the position holders as recommended by the Administrative Committee. Mr. Zawaly seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. Mrs. Stillwell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Campbell seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. Vote on the ordinance - Mr. Campbell, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Consent Agenda Items Mr. Zawaly moved that Ordinance Nos. 19-96, 20-96 and 22-96 be introduced, treated as consent items, read by number only, and held over for second reading on March 4, 1996. Mrs. Boring seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Ordinance No. 19-96 - An Ordinance Providing for the Issuance and Sale of $725,000 in Notes, in Anticipation of the Issuance of Bonds, for the Purpose of Paying the Property Owners' Portion, in Anticipation of the Collection of Special Assessments Heretofore Levied, of the Costs of Opening, Constructing and Improving in the City a Public Street to be Known as Muirfield Drive, by Constructing a Four Lane Section with a Variable Width Grass Median from the Current Terminus Approximately 638 Feet North of the Intersection of Muirfield Drive with Sells Mill Drive and Mojave Street Northerly Approximately 3,650 Feet to the Current Intersection of Muirfield Drive and Brand Road by Grading, Draining, Paving and Installing Concrete Curbs and Gutters, Together with All Necessary Appurtenances, Including a Bikeway and Bikeway Underpass, Constructing Waterlines and Fire Hydrants, Sanitary Sewers and Storm Sewers, and Acquiring Real Estate and Interests in Real Estate Therefor, Together with All Other Necessary Appurtenances, and Declaring an Emergency. (First Reading) Ordinance No. 20-96 - An Ordinance Providing for the Issuance and Sale of $6,500,000 Notes in Anticipation of the Issuance of Bonds, for the Purpose of Paying Costs 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 Interests in Real Estate Therefor, and Providing Lighting Systems and All Other Necessary Appurtenances, and Declaring an Emergency. (First Reading) Ordinance No. 22-96 - An Ordinance to Amend Section 150.000 of the Dublin Codified Ordinances - CABO One, Two and Three Family Dwelling Code. (First Reading) First Readings Ordinance No. 21-96 - An Ordinance Authorizing the City Manager to Accept Proposals to Purchase Pad-Mounted Gear and Electrical Manholes for Use in Connection with Burial of Overhead Power Lines on Coffman Road Between Post Road and North of Emerald Parkway, Amending the Annual Appropriations, Waiving Formal Bidding and Advertising Requirements, and Declaring an Emergency. (First Reading) Mr. McCash introduced the ordinance. Mr. Hansley noted that a memo from the Community Development Committee recommending this RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 Held February 20, 1996 19 ordinance was included in the Council packet. Mr. McCash, Chairperson indicated that the Committee believes that the burial of power lines is an appropriate expenditure in this case. Mr. McCash then moved to waive the three-time reading rule and treat this as emergency legislation. Ms. Hide Pittaluga seconded the motion. Mr. Foegler noted that per the Committee's direction, staff has discussed with the Willow Grove Association their willingness to provide needed easements and rights-of--way for the widening at no cost to the City in consideration of this effort to bury the power lines. Willow Grove has agreed to provide these at no cost to the City in consideration of this effort. Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mr. McCash, yes. Vote on the ordinance -Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes. Ordinance No. 23-96 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1996, and Declaring an Emergency. (First Reading) Mr. McCash introduced the ordinance. Mr. Foegler explained that: 1. Council had previously authorized an alignment study of Emerald Pazkway for the northeast quad, and a copy has been provided to Council. Two heazings have been held with residents on this issue, and the endorsement is of option one. Staff is now seeking Council's formal acceptance of option one as the preferred alignment. 2. The second issue is how this alignment impacts property owners and what action the City may take in that regard. This has been discussed at both public meetings. 3. Staff met with the City attorney to review standard acquisition practices and the recommended approach based upon established City policy for this kind of right-of--way acquisition is that the City prepaze appraisals to determine the impact of the proposed ~x ~ improvement on the property and the value of the entire property itself. Additional engineering work is needed to determine both of these values. 4. Staff and the Community Development Committee are proposing tonight that Council by emergency appropriate dollars to complete the necessary engineering work to allow the appraisers to do this work for the piece of roadway behind the homes on Jenmaz Court. These appraisals will consider the value of the take, the impact on the residual, as well as determine the value of the entire residential property. 5. The time frame for the engineering analysis is estimated at 6 to 8 weeks. Within 6 weeks from that time, the appraisals will be completed and staff will provide Council with the available options. Mayor Kranstuber noted that because staff is recommending emergency action at this first reading, he will take testimony from the residents who are present tonight. Jeff Goliver. 3615 Jenmaz Court asked if, based on the comment about the need to determine the value of the residual, a different direction is now being considered than purchasing all 5 of the homes, as discussed at the Committee meeting. Mr. Foegler responded that the strategy is to provide Council with all of the information to make a decision on their course of action. Mr. Zawaly added that Council needs to have all of the data before any determination is made as to how to proceed, and expressed the desire that there be no misinterpretations or misrepresentations. Mr. Zawaly further stated that the engineering studies are needed before Council can make a determination as to which, if any of the properties will be purchased by the City. Mr. Campbell commented that the Committee Chairperson drafted a recommendation based on input at the public meeting, and discussions were then held with staff and the legal department. He emphasized that all 7 members of Council will vote on this matter and will need as much information as possible to make a determination. The City needs to acquire right-of--way in the coming year from over 70 property owners for vazious projects, so Council must have all of the information to make an informed judgment about how to proceed in this case. Discussion followed about the legislative process for purchase of property. Mr. Foegler stated that Council will need to appropriate dollazs for purchase of property. When the engineering studies are completed, the information will be provided to Council. Council may then choose to have the Committee review the matter again and make recommendation back to Council. Mr. Goliver emphasized that the residents' desire is to have an opportunity to influence Council's decision at that point of whether to purchase the properties. The residents believe that verbal RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 Held February 20, 1996 19 commitments were made to them years ago on this matter. Mr. McCash suggested that, unless anyone objects, the Community Development Committee continue to monitor this issue and work through the process with the residents. Mayor Kranstuber stated that after the appraisals are completed, the Committee can make a recommendation on the course of action to take. Mr. Smith pointed out that Council sets the acquisition policy but does not get involved in the actual negotiations between individual property owners and the administration. There is a legal process in place for these negotiations. Mr. Campbell proposed that Council adopt the Committee's report on this matter. Mr. Smith suggested that Council vote on the ordinance and separately consider adoption of the Committee's recommendation. Mr. Campbell moved to waive the three-time reading rule and treat this as emergency legislation due to the timetable commitment made to the residents. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mr. Zawaly, yes. Vote on the ordinance - Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Campbell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Mr. McCash moved to accept the engineering study done for the Emerald Parkway -Coffman Road to Bright Road alignment and to accept the recommendation of the Community Development Committee that alternate #1 be adopted. 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; Ms. Hide Pittaluga, yes. Mayor Kranstuber noted that the engineering work will be completed in 6 to 8 weeks, and the property appraisal process can then begin. Resolution No. 04-96 - A Resolution of Intent to Appropriate a Temporary Construction Easement and a General Utility Easement in a 1.000 Acre Tract Owned by Lawrence Clemente and Susan Clemente, Located on the South Side of Brand Road and West Side of Ashbaugh Road, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Mrs. Stillwell introduced the resolution. Mr. Foegler reported that when the rezoning was approved for Bristol Commons, there was a requirement that the developer install a left turn lane on Brand Road for entry into the development. The developer was unable to obtain a temporary easement from the property owner across the street. Two years of negotiations were undertaken by the Law Director's office to resolve this, and now that the development is being finalized, staff wants to facilitate installation of the left turn storage lane. Mr. Smith added that notice will be served on the property owner that a take will be done for the temporary easement since negotiations were unsuccessful. In two weeks, appropriation documents will be brought to Council to allow court filing. The developer will reimburse the City for the costs involved. Mayor Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. Mr. McCash seconded the motion. Vote on the motion - Mr. Campbell, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Ms. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Stillwell, yes. Vote on the resolution -Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes. OTHER Easement Dedication Plat -Sycamore Ridge Mr. Kindra reported that this document will provide for recording of the public easements on the plat. Mr. Campbell moved to approve the easement dedication plat. Mr. Zawaly seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 Held February 20, 1996 19 Vote on the motion - Mr. Campbell, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Council Committee Reports Mr. McCash, Community Development Committee reported that he will provide a memo to Council soon with all of the items the Committee is working on and their status. Mayor Kranstuber asked if Council members have any objection to having the Community Development Committee continue to monitor the Jenmaz Court issue. Mr. Zawaly commented that this is acceptable as long as the Committee's purview does not include negotiations with the property owners as discussed by legal staff eazlier tonight. Mr. McCash noted that the intent would be to maintain a dialogue and to gather facts. There was no objection to the Committee continuing to monitor in this manner. Mrs. Stillwell, Administrative Committee reported that the Committee will meet on Monday, Februazy 26 to discuss the Traffic Advisory Board. Any comments from Council members are welcome on this matter. Mr. Zawaly has forwazded a memo to Council seeking their input on the revisions to the Rules of Order. He has volunteered to coordinate this project for the Committee. Mr. Zawaly requested that Council members provide their input by February 26. Mr. Campbell stated that he will be speaking at the R & E breakfast on Friday morning, and since the establishment of the Traffic Committee was the recommendation of the task force, he is hopeful that the process can keep moving in order to have the Committee in place by May. Traffic is a major concern of business and residents, as documented by recent studies and surveys. Ms. Hide Pittaluga, Public Services Committee reported that a memo was forwarded to Council regarding the Committee's recommendation for bikepath links to be completed within the budgeted $150,000 for 1996. The criteria for selection were safety concerns, logical connections, and those which would fit into the budgeted funds. She pointed out that the estimates for the links may vazy from 10 to 15 percent since the design work has not been done. An alternative bike path has also been recommended, should funds be available, which is the Village Pazkway link. The decision on federal funding for the Dublin Road bikepath is expected in about 6 to 8 weeks. Ms. Hide Pittaluga also noted that there aze additional bikepaths which need to be constructed on the east side of the river, but negotiations are pending with the Schottenstein development to include them in their developments. Mr. Zawaly clazified that the number 4 item on the recommended list does not link into the private bikepath of Muirfield. Mr. Campbell asked for additional information on allocating $40,000 for a bikepath. on Glick Road which does not link into the Muirfield system. Mr. Foegler responded that many pazts of the Muirfield bikepath system are the public rights-of--way - the roads, so this link does connect to the public portions of the system which serves Muirfield. A public section of bikepath in this location will connect to activity centers in the azea, and the Committee felt this was an appropriate policy at this point. Ms. Hide Pittaluga moved to adopt the recommendations of the Public Services Committee, including the 5 listed linkages and the Village Parkway link as an alternate if funds become available. 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; Ms. Hide Pittaluga, yes. Ms. Hide Pittaluga also reported that there will be a Februazy meeting on the telecommunications matter and asked Mr. McDaniel to comment. Mr. McDaniel stated that on Tuesday, February 27 at 7 p.m. there will be a public meeting in Council Chambers with the residents who live west of Avery and north of Post who are currently served by GTE telephone. The purpose will be to discuss their concerns, and representatives of GTE, Ameritech, and the City's legal counsel for telecommunication matters will be present. They aze hopeful that a PUCO representative will attend as well. Mr. McCash suggested that since the electric lines are being buried along Coffman Road, it would make sense to address the future telecommunication needs at this time to avoid additional teazing up of the roadway at a later date. Mr. Foegler responded that staff will check into whether future conduits are being contemplated RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held Februazy 20, 1996 19 within the design work being done by Burgess and Niple. Mr. Zawaly, Finance Committee noted that he has received an invitation to attend a Convention & Visitors Bureau meeting on Mazch 5 which will be attended by Howazd Nussbaum of the Ohio ' Hotel/Motel Association. He asked that Council members provide input on any matters which they would like for him to discuss with Mr. Nussbaum at the meeting. Mr. Kranstuber noted that he has some additional items for consideration by Council: 1. A memo was forwazded to Council regazding closure needed on the issue of discounted outdoor pool fees for Dublin residents who purchase rec center passes. Staff is recommending that a discounted fee be provided for Dublin residents who are holders of passes to both facilities. Mr. Hansley commented that this is a mazketing strategy for the indoor pool, tying it to the currently populaz outdoor pool. The hope is to induce sales to the rec center in the first yeazs of operation. Staff will prepaze an amendment to the fee ordinance for the next Council meeting if the recommendation is accepted tonight. Mayor Kranstuber moved to accept the staff recommendation of rate structures for Dublin residents who purchase passes to the rec center and the outdoor pool. Mr. McCash 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; Ms. Hide Pittaluga, yes. 2. Mayor Kranstuber stated that at goal setting, discussion took place regazding scheduling a series of meetings with staff focusing on individual departments. He suggested that Council _ set a date, perhaps anoff-Monday, for the first meeting. Following discussion, it was the consensus of Council to schedule the first meeting on Monday, Mazch 25 at 7:30 p.m. in Council Chambers. Mayor Kranstuber will make arrangements with staff to schedule Parks & Recreation or Public Information/Special Events for the first session, based on their availability. 3. He sent a memo to Council regazding a request for donation of Definitely Dublin pins for a hockey tournament scheduled in Dublin. After discussion with the Vice Mayor and with staff, he proposes to donate up to 150 pins to the group and let them know that any additional pins can be purchased from the City. There was no objection from Council to proceeding in this manner. Mayor Kranstuber stated that an executive session is needed for discussion of legal and personnel matters. Mrs. Stillwell moved to adjourn to executive session at 10:40 p.m. for this purpose. Mr. Zawaly seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. Zawaly, 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. . ,w ayor -Presiding Officer ~d Clerk of Council