HomeMy WebLinkAbout03/18/1996 RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Meeting
DAYTON LEGAL BLANK 00. FORM NO. 1 14
Held March 18, 1996 19
Mayor Kranstuber called the informal portion of the Dublin City Council meeting to order at 7:00
p.m. on Monday, March 18, 1996 and invited the Wyandot Elementary Junior Girl Scout Troop
#640 to lead the Pledge of Allegiance.
Comments from Staff
Mr. Hanslev noted that an application fora $247 fee waiver for Washington Township Fire
Department was forwarded to Council for action, along with a memorandum explaining the
justification for the waiver.
Mayor Kranstuber moved to approve the waiver.
Mr. Campbell seconded the motion.
Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring,
yes; Mr. Campbell, yes; Mr. Zawaly, yes.
Mr. Foegler reported that, in conjunction with the intersection improvements project at 161 and
Frantz, the Engineering staff has explored the cost of burying the utility wires. The estimated cost
is much higher than originally anticipated. Based on the estimate of $400-500,000 for burial at the
intersection alone, the preferred strategy is to at a minimum install conduit to accommodate future
burial of utility lines. The burial of the remainder of the utility lines for the project would be an
additional cost over and above the $400-500,000.
Mr. Zawaly asked what the savings would be to do the burial now as opposed to installing conduit
and burying the lines later.
Mr. Kindra responded that the savings would be approximately 10 percent of the total to do the work
at this time versus a later date.
Mr. Foegler acknowledged that this is a major policy issue for Council and should be tied back to
all major road construction projects. He noted that the 161/Frantz project is on a relatively fast
track and is a highly visible intersection. He added that a plan for utility burial was proposed in
1989 with a recommended schedule for implementation. He will update Council on the history of
this matter.
Following discussion about the financial impacts of allocating monies for utility burial, Mayor
Kranstuber suggested having the Community Development Committee review the issue at their
March 22 meeting. Mr. Foegler agreed to have the consultant present for the discussion.
Mr. McCash moved to refer this matter to the Community Development Committee.
Mr. Campbell seconded the motion.
Vote on the motion - Mr. Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber,
yes; Mr. McCash, yes; Mrs. Stillwell, yes.
Mr. Kindra reported that:
1. Post Road west of Coffman has been closed recently for several days for county repair of
a culvert. It will be closed in the near future for an additional week for this purpose.
2. Repairs are also being made to culverts along Wilcox Road and a closing will soon be
scheduled for this repair.
3. The City was recently awarded a plaque for achieving high quality in pavement for the Hard
Road extension.
Chief Ferrell noted that he had been contacted by a freelance writer for Good Housekeeping
magazine regarding an upcoming article on quality police departments throughout the country. The
reporter will visit Dublin this week for a tour and for interviews.
Mayor Kranstuber called the formal session of the Dublin City Council to order at 7:15 p.m.
Roll Call
Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mrs. Boring, Mr. Campbell,
Mr. McCash and Mr. Zawaly. Ms. Hide Pittaluga was absent (excused).
Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. Harding,
Mr. Kindra, Ms. Clarke, Ms. Jordan, Mr. McDaniel, Ms. Puskarcik, Chief Ferrell and Ms.
Bearden.
Approval of the Minutes of the March 4. 1996 Meeting
Mrs. Boring proposed adding a sentence to the minutes on page 4 stating that Council members
accepted Mr. Haid's offer to include such language in his contracts with builders.
There was no objection from Council members.
Mr. Zawaly moved approval of the minutes as corrected.
Mrs. Stillwell seconded the motion.
Vote on the motion - Mr. Zawaly, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes;
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Mrs. Boring, yes; Mayor Kranstuber, yes.
Correspondence
The clerk reported that a notice to legislative authority was sent regarding a new DSA permit for
the Stouffer Renaissance Hotel. A letter of explanation was provided by the applicant.
There was no objection to the issuance of this permit.
Comments from Visitors
There were no comments from visitors.
Council Round Table
Mr. Zawaly:
1. Noted that he extended greetings on behalf of the Mayor and Council to the Daughters of
the American Revolution convention group at Stouffer's on March 8.
2. Commented that the St. Patrick's Day festivities were great. He and his wife enjoyed
meeting the tourists and visiting the new establishments along Bridge Street.
3. Urged all citizens to exercise their right to vote tomorrow at the primary election.
Mr. Campbell:
1. Added his congratulations to the entire staff for the outstanding St. Patrick's Day weekend
events.
2. Reported that he attended the National League of Cities Congress of Cities meeting in
Washington, D.C. recently. He was appointed by Columbus Mayor and NLC President
Lashutka to serve on the NLC Public Safety and Crime Prevention Committee. The focus
of the group this year will be juvenile justice, including such programs as D.A.R.E.;
sentencing; disaster preparedness; and domestic violence. Copies of the NLC Board of
Director's action agenda have been distributed to Council this evening. An additional focus
of the entire Board over the next year is developing more respect in individuals for
government.
,
Mr. McCash also conveyed his appreciation to staff for the St. Patrick's Day festivities.
Mrs. Boring commented:
1. Thanks to staff for the St. Patrick's Day Parade. This year she took photos of those who
attended the parade which she will share when they are developed.
2. The recent accident data in the police report seems to indicate that the frequency of accidents
at Bright and Riverside has decreased, while the Summitview and Riverside area has
experienced an increase. She assumes that this is a result of the Hard Road extension
altering traffic patterns.
Chief Ferrell commented that accidents numbers in the corridor have not decreased, but the
number of personal injuries has decreased.
3. Will there be discussion tonight regarding the State's issues with the recently established land
acquisition fund?
Ms. Grigsby responded that staff is working on this matter. She noted that the land
acquisition funds are currently set aside in the capital improvements tax fund.
Mrs. Stillwell:
1. Added her congratulations to Lisa Perks for her hard work on the St. Patrick's Day events.
2. Congratulated Mr. Campbell and Mrs. Boring on their appointments to NLC Committees.
This demonstrates Dublin's participation in national organizations.
3. She attended the NLC pre-conference sessions and meetings and will share the materials with
staff and Council. The telecommunications materials are very interesting and timely.
" 4. She had the opportunity to speak at a recent Career Day for Dublin high school students and
addressed government and volunteerism in her comments.
LEGISLATION
Tabled Le islation
Ordinance No. 63-95(Amended) - 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) (Applicant: The Edwards Company, c/o
Jackson B. Reynolds III, 37 W. Broad Street, Suite 725, Columbus, OH 43215)
(7hird reading tabled until March 18, 1996)
Ms. Clarke noted that she has slides available showing the Rings Road traffic detail and the
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landscaping proposal if Council wants to see them.
She then explained the revisions made to the text:
1. At the top of the second page of the text, two words were removed, "and conditional" . This
permits that the office and institutional uses of the SO district and not the conditional uses
are approved by right in Subarea A.
2. Several pazagraphs of text have been added outlining the applicant's proposal for a major
landscape emphasis along the freeway which he has committed he will bring forwazd to the
Planning Commission for approval as a landscape master plan at the time of the first final
development plan filing for the overall park.
3. The crematorium use was eliminated as a permitted or conditional use.
4. On page 4, regazding Subarea D, text has been reworded regazding the full service curb cut
on Rings Road. Staff has been working on this issue with the developer and consultants,
and staff believes this issue should be resolved at the time of preliminary plat and not as part
of the rezoning document.
5. The developer has also submitted a new subarea classification table which is easier to read
than the previous document.
Planning Commission approved this rezoning in January with 10 conditions. Due to some slight
changes in circumstances since that time, she would propose modifying three of the conditions from
the P&Z Record of Action:
1. Modify Condition #2 providing that the agreement between the developer and the City for
the contributions to and installation of on-site improvements including provision of right-of-
way, easements, utility installation, traffic improvements, and other infrastructure be in place
prior to the effective date of the rezoning by City Council, with the agreement to include
minimum performance standards by the developer. If the agreement is not approved within
the 30-day period following rezoning approval, the zoning would be nullified as the
condition would not have been met.
2. In condition #3 regazding access management, she suggests dropping the words, "along the
arterials". The condition would thus read, "That access management be provided in general
conformance with the attached memo from Randy Bowman, PE, dated October 27, 1995,
or as approved as a pazt of the preliminary plat review."
3. Regazding Condition #7, revise this to state, "That the developer's latest revisions, dated
3/8/96, revising the 1/31/96 text be adopted."
She added that these three revisions address the landscape concerns brought up by Council, ensure
that the turn lanes and access control are dealt with appropriately at the time of preliminary plat, and
that the documentation corresponds to the overall case.
In regard to access management involving Subarea D to Rings Road, staff believes that, in the long
run, access to Rings Road is very important for Subarea D. Although the decision is being
postponed until the preliminary plat, staff believes that access to Rings Road is necessary for the
subazea to work effectively. Staff is also proposing that the access be put in place at the time that
the Woerner Temple connection is made to Avery Road.
She noted that the preliminazy plat has been filed and is scheduled for review by Planning
Commission on April 4.
Mr. McCash noted that within the general development standards, language regazding utilities states
that connections and feeder lines should be placed underground. He proposes revising this language
to shall be placed underground.
Ms. Clarke responded that this would be a preliminary plat issue, adding that developers are
expected to install utilities underground.
Mr. Foegler commented that Council has varied this requirement from time to time, and staff would
not recommend precluding the ability of Council to modify this under certain circumstances in the
future by including the requirement in the zoning.
` Mr. McCash asked about Subarea C where there is a provision stating that any other commercial
use not listed above will require a conditional use permit. He asked for further clazification.
Ms. Clazke responded that staff wanted to ensure that the list of permitted uses under the zoning are
those which aze appropriate next door to single family uses. The band of permitted uses drawn up
are very narrow and specific. She is confident that the Planning Commission will ensure the
compatibility with adjacent single family homes of any future proposed conditional use.
Mr. McCash asked for confirmation that in areas B-1 and B-2, outside of the outpazcels for
restaurants, that there is no other conditional or permitted restaurant use.
Ms. Clarke responded that the neighbors were opposed to any restaurant uses west of Emerald
Parkway. She believes that the Planning Commission appropriately has the discretionary decision
on this type of conditional use. The neighbors have made their position very cleaz about food uses,
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and it is highly unlikely that any future Planning Commission would approve such a conditional use.
Under the text, however, she acknowledged that it would be possible to have such a conditional use
if approved by P&Z.
Mr. Zawaly requested that the modified conditions be provided to Council in writing prior to the
meetings where a vote is scheduled.
Mayor Kranstuber requested that staff put the conditions in writing and distribute them to Council
prior to the vote this evening.
Mrs. Boring stated that she met with Mr. Hunter and Mr. Fergus in regard to this application and
reviewed drawings of proposed landscaping. She asked if staff is comfortable that this language
provides for landscaping treatment along I-270 similar to what was established in the McKitrick
rezoning.
Ms. Clarke responded that it does not require the developer to use the same scheme that was devised
for the McKitrick property, but given the differences on this site, that would probably not be an
appropriate treatment. The text does affirm the developer's desire to create afirst-class image along
I-270 for this office park. This developer's willingness to submit to an additional review process
for a master plan for landscaping demonstrates his commitment to high standards.
Mrs. Boring asked if the language is flexible, and Ms. Clarke responded affirmatively.
John Fergus. representing the applicant, Edwards Company, 500 S. Front Street, Columbus, stated
that Ms. Clarke has summarized the addendum to the text, and they support the modifications to the
conditions as presented to Council.
Mike Baker. 5551 Barney Drive stated that he appreciates the time everyone has spent on the
process. He believes that there are some issues yet to be resolved which involve the area west of
the road adjacent to the single family homes. From the residents' standpoint, they will look to
Council in the future to ensure that the promised roads - Woerner Temple, Avery, Tuttle to Avery,
are completed to address traffic and signalization needs. The Rings Road curb cut will be dealt with
in the future at the appropriate time. While the residents are not conveying their unconditional
support, they will be back before Council to ensure that their interests are addressed throughout this
process in the future.
Mr. McCash asked Mr. Fergus to comment on restaurant uses inside the office buildings.
Mr. Fergus responded that the issue involves whether a coffee shop bookstore use would constitute
a restaurant use.
Mr. McCash confirmed that the applicant does not intend nor desire that there would be uses within
the 25 percent office use that are primarily centered around the preparation, serving or delivery of
food, and that the preparation or serving of food which is incidental to a primary use, such as a
bookstore, would not be viewed as a food use."
Mr. Fergus added that they agreed to restrict on the site as a whole the number of dedicated, full-
service restaurants to five.
Mr. McCash asked if it would be feasible to vary the height in some locations of the 75-foot long
buffer along the west property line.
Mr. Fergus responded that they have always planned on having some undulations in the buffer, but
in terms of site fill and the mounding to be installed along 270, he is not certain if there will be an
excess of fill material on the site.
Mr. McCash stated that discussion also has taken place regarding putting the bike path back in the
75-foot buffer area as opposed to along Emerald Parkway.
Mr. Zawaly added that he met with the neighbors on Sunday and shares their concerns with the
protection of vistas. The residents do not want to look into the backs of some of the uses being
created. Thus it is important at the final development plan stage to consider higher mounds, a little
more in the way of screening, i.e., deciduous trees, to maintain the vistas of the neighborhood. He
asked Mr. Fergus to comment.
Mr. Fergus responded that they have submitted a detailed plan which has been acceptable to all
involved. He believes they can put some undulations in the mounds which are to be a minimum of
5 feet high. He also pointed out that the retail uses in subareas C and D are restricted to one story
in height and they have agreed to orient them toward Emerald Parkway. With the kind of
landscaping provided and given the site distances and locations, he believes the neighbors' concerns
will be adequately addressed with the current plan.
Mr. Zawaly noted that he is requesting flexibility on the developer's part and that they be sensitive
to the neighbors' concerns about vistas at the final development plan stage.
Jim Houk. 400 Metro Place North representing the applicant, stated that they have committed to
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installation of the buffer mound at the time of the Emerald Parkway construction which will allow
for the landscaping to mature.
Mr. Zawaly again urged the developer to be receptive to and work with the neighbors to continue
to protect the vistas.
Mr. Kranstuber stated that he has conveyed to Mr. Hunter and Mr. Fergus his concerns with
architecture and the proximity of the buildings to the freeway. While this is a Planning Commission
review item at the final development stage, he will pay close attention to these matters. He has full
confidence in the capability of this company to do a quality project based on previous projects done
in the area.
Mr. McCash added that the text has many safeguards included that the residents will ensure are
complied with in the future review process.
Mr. Smith noted that an opinion has been given to the Development Department staff that in the
event the modifications to Condition #2 are not met prior to the effective date of the rezoning, the
rezoning is then nullified.
Mr. Fergus indicated that he has no objection to the modifications to the conditions as summarized
by Ms. Clarke tonight.
Mr. Zawaly moved to approve Ordinance No. 63-95 with the conditions as adopted by Planning
Commission, together with the modifications presented tonight by the Planning Director and
referenced as Exhibit A.
Mr. Campbell seconded the motion.
Ms. Clarke pointed out that title of the ordinance needs to be amended to include the 111.7 acres
and to delete the portion "and including a small parcel located on the southwest corner of Rings
Road and Britton Parkway" .
Mr. Zawaly noted that he has been informed that this item needs to be removed from the table as
well.
Mr. Smith recommended that Council remove this from the table by motion.
Mr. Zawaly moved to take the ordinance from the table.
Mayor Kranstuber seconded the motion.
Vote on the motion - Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes;
Mr. Zawaly, yes; Mayor Kranstuber, yes.
Mr. Zawaly then amended his motion for approval to include approval of the amended ordinance
as outlined by Ms. Clarke, and with the conditions adopted by the Planning Commission, together
with the modifications to the conditions presented tonight by the Planning Director and marked as
Exhibit A.
Mr. Boring seconded the amended motion.
Vote on the amended ordinance -Mrs. Stillwell, yes; Mr. McCash,yes; Mr. Zawaly, yes; Mrs.
Boring, yes; Mr. Campbell, yes; Mayor Kranstuber, yes.
Mr. McCash requested that the minutes of the meeting be sent to Mike Baker, representing the
residents involved in the rezoning.
Mr. Zawaly added his congratulations to all involved in this very long process in which the best
interests of Dublin have been the overall focus. Many compromises have been made by all parties
involved.
Mrs. Stillwell agreed and urged the residents to stay involved in the process. She pledged to
continue to listen to the residents' concerns in the future.
Mr. McCash requested that staff keep Council apprised of the status of the roadway improvements
involved with this project, i.e., Woerner Temple, Avery, the Tuttle extension, etc.
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. (Third reading tabled until March 18, 1996)
Mrs. Stillwell moved to take this from the table.
Mr. Campbell seconded the motion.
Mr. Foegler noted that staff is requesting that this item be left on the table until the next meeting
to allow time for resolution of issues relating to the economic development agreements.
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Mrs. Stillwell withdrew her motion.
The ordinance remains tabled until the April 1 Council meeting.
Third Readines
Ordinance No. 22-96 (Amended) - An Ordinance to Amend Section 150.000 of the Dublin
Codified Ordinances - CABO One, Two and Three Family Dwelling Code, and Declaring an
Emergency. (Third Reading)
Mr. Hansley reported that responses to Council's questions were included in the packet. Mr. Lenz
is not present tonight due to illness.
Mrs. Boring stated that she still has concerns with over-regulation and the addition of restrictions
which could make housing in Dublin nearly unaffordable for some.
Mr. McCash noted that he believes it is Council's responsibility to protect the interests of the public
via the building regulations. The cost of the radon detection system is minimal compared to
retrofitting later.
Discussion followed.
Mr. Hansley indicated that emergency action was included in the draft since it involves safety
provisions; Council, however, can choose whether or not they wish to treat this as emergency
legislation.
Mr. Zawaly moved to treat the ordinance as an emergency.
Mayor Kranstuber seconded the motion.
Vote on the motion -Mrs. Stillwell, yes; Mr. McCash, no; Mr. Zawaly, yes; Mrs. Boring, no; Mr.
„ Campbell, no; Mayor Kranstuber, yes.
(Emergency motion failed)
fi Mr. McCash asked that the residential contractors be notified of the changes in the code which will
be effective on April 18.
Mr. Foegler responded that the contractors were informed of this pending change at the recent
meeting held at the 5800 Building.
Mayor Kranstuber moved approval of the amended Ordinance No. 22-96.
Mr. Zawaly seconded the motion.
Vote on the ordinance - Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Boring,
no; Mr. McCash, yes; Mrs. Stillwell, yes.
Second Readings
Ordinance No. 2496 - An Ordinance 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. (Second
Reading)
Mr. Smith stated that a second reading of the ordinance is being held tonight, as Council has
requested, to allow the owners to have notice of the pending action. He clazified that the Ohio
Revised Code requires one notice to a landowner of a pending taking, and this was done with the
Resolution of Intent to Appropriate served upon the residents. Staff has been negotiating with the
property owners since 1993 to secure the temporazy construction easement for the turn lane and the
utility easement. The property was owned in 1993 by Mr. Strader and is now owned by the
Clementes. They aze all present tonight. He pointed out that the only item to be discussed tonight
is whether there is a public purpose nature for the taking. There is a condition of zoning for the
developer to install the turn lane, and there is a public safety concern involved with the installation
of the turn lane. The negotiation process for acquiring the easements has been ongoing for three
years without success, and should now be appropriately handled in the court system. Staff is
requesting passage by emergency this evening.
Mayor Kranstuber asked Mr. Smith to define a temporary construction easement.
Mr. Smith responded that the City has to take equipment on the property in order to install the road
adjacent to the property. For this reason, a temporazy easement is needed. There will be a utility
easement needed, and the owner will be fairly compensated for it. The developer will reimburse
the City for all of the costs involved in obtaining the easements under an agreement.
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Larry Clemente stated that he appreciates the notice sent, as he was not aware of the first reading
of the ordinance. He asked that a City representative come out to his property to explain the
easement needs and the measurements of the area needed. If the City sends a negotiator out, perhaps
an agreement can be reached.
Mr. Smith stated that he will set up an appointment with the property owner and come out prior to
filing the litigation.
~f
Mr. Smith added that the emergency is based upon the safety issues involved and the need to have
the turn lane installed. In addition, there has already been passage of a resolution of intent and a
first reading of the appropriation ordinance, and the law requires only one reading before filing the
lawsuit. He will not file the lawsuit until after the meeting with Mr. Clemente.
Mr. Campbell stated that he spoke with the previous property owner, Mr. Strader. Mr. Strader
relayed to him some of the things they were expecting in the negotiation process. Council has taken
the position of not getting involved in staff's negotiations with property owners. He told Mr. Strader
that Council could probably not do what Mr. Strader was asking. He added for the record that Mr.
Strader is the previous owner and the father-in-law of Mr. Clemente, the present owner.
Mayor Kranstuber indicated that he had a similar conversation with Mr. Strader today.
Mr. Zawaly 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; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber,
yes; Mr. Campbell, yes; Mrs. Stillwell, yes.
Vote on the ordinance - Mr. Campbell, yes; Mr. Zawaly, yes; Mr. McCash, yes; Mrs. Stillwell,
yes; Mayor Kranstuber, yes; Mrs. Boring, yes.
Ordinance No. 25-96 - An Ordinance Adopting a Schedule of Fees for Dublin Municipal Pool
Annual Passes for Dublin Residents Who Purchase Community Recreation Center Annual
Passes, and Declaring an Emergency. (Second Reading)
Ms. Jordan confirmed that the fees outlined in the ordinance are consistent with the schedule adopted
previously by motion of Council. The fees will be published in the spring brochure, and emergency
passage is recommended so that they will be effective prior to that time.
Mr. Campbell moved to waive the three-time reading rule and treat this as emergency legislation.
Mr. Zawaly seconded the motion.
Brief discussion followed about the need to officially enact the fees by ordinance prior to publication.
Vote on the motion -Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Campbell,
yes; Mr. Zawaly, yes; Mrs. Boring, yes.
Vote on the ordinance -Mrs. Boring, yes; Mr. Zawaly, yes; Mr. McCash, yes; Mrs. Stillwell, yes;
Mr. Campbell, yes; Mayor Kranstuber, yes.
Ordinance No. 26-96 - An Ordinance Accepting the Lowest and Best Bid for the
New Recreation Center Pool Equipment, and Authorizing the City Manager to Enter into a
Contract for Procurement of Said Equipment, and Declaring an Emergency. (Second Reading)
Ms. Jordan reported that there is no additional information on this ordinance. In order to ensure
delivery of equipment in a timely manner, she is requesting emergency passage.
Mayor Kranstuber moved to waive the three-time reading rule and treat this as emergency
legislation.
Mrs. Stillwell seconded the motion.
Vote on the motion - Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes;
Mr. Campbell, yes; Mayor Kranstuber, yes.
Vote on the ordinance -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Campbell, yes; Mrs. Boring,
yes; Mr. Zawaly, yes; Mayor Kranstuber, yes.
Resolution No. 05-96 - A Resolution to Set Forth a Statement of Services to be
Provided to the Area in a Proposed Annexation of 38.171+/- Acres from Washington
Township, Franklin County to the City of Dublin, Ohio as Required by Section 709.031 of the
Ohio Revised Code, and Declaring an Emergency. (Young property) (Second Reading)
Mr. Hansley reported that emergency action is needed in order to have the resolution in effect prior
to the public hearing before the county commissioners.
Mr. Foegler commented that a map has been distributed to Council which clarifies that the
approximately 38 acre site is located adjacent to the Sutphen facility on Eiterman Road and can be
served with utilities from two directions. The anticipated use of the property is to house an auto
racing team whose parent company is in Marysville. The proposed annexation is consistent with the
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adopted annexation policy for this area. Tonight's action simply demonstrates the City's ability to
serve the area, if the annexation is later accepted by Council.
Mayor Kranstuber moved to waive the three-time reading rule and treat this as emergency
legislation.
Mr. Zawaly seconded the motion.
Vote on the motion - Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. Zawaly, yes;
Mrs. Boring, yes; Mayor Kranstuber, yes.
Vote on the resolution - Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr.
McCash, yes; Mrs. Stillwell, yes; Mrs. Boring, yes.
Resolution No. 06-96 -A Resolution Accepting the 1996 Business Retention and
Expansion Program Final Report. (Second Reading)
Mr. Hansley stated that staff is recommending holding this over for a third reading.
There was no public comment and no questions.
There will be a third reading at the April 1 Council meeting.
Resolution No. 07-96 - A Resolution Authorizing the City Manager to Convey a
Right-of--Way Easement to the Ohio Bell Telephone Company Which Will Provide Service to
the Summitview Road Area, and Declaring an Emergency. (Second Reading)
Mr. Hansley stated that staff is requesting that this beheld over for third reading in order to resolve
some of the issues raised at the last Council meeting.
Mrs. Boring thanked Mr. Foegler for his work on this matter. Mr. Foegler has pointed out that
Council may wish to consider this as a larger policy issue since as there will likely be future requests
for installation of similar boxes throughout the City.
Mrs. Stillwell suggested that the policy issue be referred to the Public Services Committee in view
of the many items already on the Community Development Committee list.
Mr. McCash moved to refer this to Public Services.
Mr. Zawaly seconded the motion.
' Mr. Hansley suggested that staff prepare a report on this matter and that the report then be referred
to the Public Services or Community Development Committee at that time.
Mr. McCash withdrew his motion.
Mr. McCash pointed out that Ohio Bell's name has now changed to Ameritech.
Mr. Foegler will check and advise Council about this at the next meeting.
There will be a third reading at the April 1 Council meeting.
First Readings
Ordinance No. 28-96 - An Ordinance to Update the Arterial Traffic Plan for the City of
Dublin. (First Reading)
Mr. Zawaly introduced the ordinance.
Mr. Foegler stated that the final development plan for Martin Commons has been filed earlier than
expected, and staff will therefore request that Council take action at the second reading of this
ordinance.
Mayor Kranstuber stated that there will be a second reading at the April 1 Council meeting and
emergency action will be requested at that time.
Consent Agenda Items
Mr. Campbell moved to treat Ordinance Nos. 29-96, 30-96, 31-96 and 35-96 as consent items,
introducing them, waiving the first reading, referring 31-96 to Planning Commission, and holding
over 29-96, 30-96 and 35-96 for second reading.
Mr. Zawaly seconded the motion.
Vote on the motion -Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. McCash,
yes; Mrs. Boring, yes; Mr. Zawaly, yes.
Ordinance No. 29-96 - An Ordinance Authorizing the Regulation of Traffic on
Muirfield Drive and Other Roads in Muirfield Village and Waiving Certain Provisions of the
Dublin Sign Code during the Annual Memorial Tournament. (First Reading)
Ordinance No. 30-96 - An Ordinance Consenting to ODOT's Resurfacing of the Dublin
Portion of I-270, and Declaring an Emergency. (First Reading)
Ordinance No. 31-96 - An Ordinance Providing for a Change in Zoning for 0.8608 Acres
of Land Located on the West Side of Avery Road, Approximately 150 Feet North of Dan Sherri
Avenue from: R-2, Limited Suburban Residential District to: PCD, Planned Commerce
District. (Frazier Property) (First Reading) (Applicant: James & Cheryl Frazier, c/o Chris Cline,
37 W. Bridge Street, Dublin, OH 43017)
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Held March 18, 1996 19
Ordinance No. 35-96 - An Ordinance Waiving Ohio's Design Professional Selection Law
under Ohio Revised Code Section 153.65-153.71, to Enable the City to Award Contracts for
Construction Management Contracts and Professional Design Services.
(First Reading)
First Readings
Ordinance No. 32-96 - An Ordinance Amending the Annual Appropriations for the Fiscal
Year Ending December 31, 1996, and Declaring an Emergency. (First Reading)
Mr. Foegler stated that this ordinance includes the appropriations for the design study for the I-270
bridge and the associated Emerald Parkway bridge. This was discussed by Council at the last
meeting, and the emergency action is needed in order to meet the timeframes of the I-270 design
effort currently underway.
Mr. Zawaly introduced the ordinance.
Mr. Campbell moved to waive the three-time reading rule and treat this as emergency legislation.
Mrs. Stillwell seconded the motion.
Vote on the motion -Mrs. Stillwell, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell,
yes; Mr. McCash, yes; Mr. Zawaly, yes.
Mrs. Boring asked if the City has the ability to influence the design work in terms of the size of the
intersections, cut-throughs, etc.
Mr. Foegler responded that this design work deals with the aesthetics of the bridge structures -
architectural features and appearance. These studies are not related to the road systems that the
bridges tie into nor the intersections. The goal is to affect the aesthetics of the design of the I-270
bridge at this stage.
Vote on the ordinance -Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, yes; Mayor
Kranstuber, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes.
Ordinance No. 3496 - An Ordinance Authorizing the Purchase of Recycling Containers,
and Declaring an Emergency. (First Reading)
Mrs. Stillwell introduced the ordinance.
Mr. Hansley stated that a memo was provided in the packet regarding this purchase.
Mr. McDaniel reported that the purchase of the bins is designed for the mixed paper program and
emergency action is requested so that the containers can be received prior to implementation of the
program on May 1.
Mr. Harding stated that three bids were received and staff is recommending acceptance of the bid
of Tulip Corporation.
Mr. Campbell moved to waive the three-time reading rule and treat this as emergency legislation.
Mr. Zawaly seconded the motion.
Vote on the motion -Mrs. Boring, no; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. McCash, yes; Mr.
Campbell, yes; Mayor Kranstuber, yes.
Vote on the ordinance - Mr. Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes;
Mayor Kranstuber, yes; Mr. McCash, yes.
Resolution No. 08-96 -A Resolution Recommending the Public Utilities Commission of
Ohio (PUCO) to Order an Interconnection Agreement between Time Warner Communications
and Ameritech for the Purpose of Providing Local Phone Competition, and Declaring an
Emergency. (First Reading)
Mr. Zawaly introduced the resolution.
Mr. Hansley stated that a memo accompanies the resolution. Emergency action is requested in order
to make a policy statement on behalf of the City prior to the next meeting of Council.
Mr. McDaniel stated that the intent of this resolution is to send an urgent message of support to the
State House regarding the interconnection agreement between Time Warner and Ameritech. The
interconnection agreement will facilitate local competition in phone service.
Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation.
Mr. Campbell seconded the motion.
Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring,
yes; Mr. Campbell, yes; Mr. Zawaly, yes.
Vote on the resolution -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Campbell, yes;
Mr. McCash, yes; Mayor Kranstuber, yes.
Council Committee Reports
Mr. Zawaly, Finance Committee Chai erp rson stated that hotel/motel tax applications have been
forwarded to the Committee and they will set a meeting in the near future.
Mr. McCash, Community Development Committee reported that they will meet on Friday, March
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Held March 18, 1996 lg
22 at 4 p.m. at the 5800 Building. The agenda will include the Frantz/161 utility burial proposal.
Mrs. Stillwell, Council representative to Leadership Dublin thanked Council members and staff for
their participation in the program on March 13 which was very well received based on the
' evaluations. The Administrative Committee is sponsoring a meeting tomorrow evening at 6:30 p.m.
at the 5800 Building with civic association and business leaders to discuss the traffic advisory
committee. The Administrative Committee will then meeting on Tuesday, March 26 at 5:30 p.m.
at City Hall on the traffic committee and other issues.
Mayor Kranstuber reminded Council members that the workshop session with Special Events is
scheduled for Monday, March 25 at 7:30 p.m. He has circulated a proposed agenda for the evening
and welcomes feedback from Council members or staff. He asked Mr. Hansley for confirmation
about how the agenda will be set.
Mr. Hansley responded that, based on goal setting discussion, he and the Mayor will jointly set the
agenda for the workshop sessions. The focus of the workshop sessions with divisions will be on
areas where policy direction has been requested by staff or clarification of policy has been requested
by Council.
Mayor Kranstuber commented that he has spoken with the Police Division and the Parks and
Recreation Director regarding establishment of a teen board to ensure that the needs of the youth are
addressed by the City. He will provide information to Council when he has assembled information
on a proposal.
The meeting was adjourned at 9:10 p.m.
M r - Presi ing Officer
Clerk of Council