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HomeMy WebLinkAbout04/01/1996 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Held April 1, 1996 19 Mayor Kranstuber called the informal portion of the Dublin City Council meeting to order at 7:00 p.m. on Monday, April 1, 1996. Comments from Staff ~ Mr. Foegler noted that he will be away from the office from April 10 to 29. He apologized for not returning phone calls the past week, noting that he has been involved in many meetings related to ° development projects in the City. Mr. McDaniel reported that he forwarded a memo to Council regarding the cable television franchise agreement which will be brought before Council for first reading on Apri122. He suggested having the Public Services Committee review the legislation prior to that time. Following discussion, a meeting of the Public Services Committee was set for Monday, April 15 at 5 p.m. at City Hall for this purpose. Chief Ferrell announced that a photo collage is on display in the lobby regarding the D.A.R.E. program held recently at AMC Theaters. The D.A.R.E. graduations will take place in May, and he will notify Council of the dates when they are set. Mr. Kindra reported that information was forwarded to Council in the packet regarding the grant award for the Dublin Road bikepath construction. He offered to take this to the Public Services Committee for further review if that is the desire of Council. The project must be awarded in the State's fiscal year 1998 which ends on June 30, 1998. The City will have to fund the same amount of money received from the State -the City funding is estimated at approximately $710,000. It was the consensus of Council to refer this matter to the Public Services Committee for review. Ms. Jordan introduced Tracy Uhl, the new Fitness/Wellness Supervisor. She most recently worked at the YMCA as head of their corporate fitness program. A copy of the new Parks and Recreation brochure has been distributed to Council tonight. Mayor Kranstuber called the formal session of the Dublin City Council to order at 7:15 p.m. Mr. Campbell led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mr. Campbell, Ms. Hide Pittaluga, Mr. McCash and Mr. Zawaly. Mrs. Boring was absent (excused). Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Mr. Coleman, Mr. Harding, Mr. Kindra, Ms. Clarke, Ms. Jordan, Mr. McDaniel, Ms. Puskarcik, Chief Ferrell and Ms. Bearden. Approval of the Minutes of the March 18, 1996 Meeting Mr. McCash proposed an amendment to page 3, second paragraph from the bottom, to revise Ms. Clarke's comment to, "The band of permitted uses drawn up are very narrow and specific." On page 4, the second full paragraph down, he proposed revising Mrs. Boring's comment regarding landscaping treatment "along D-6" to "along I-270". In the middle of the paragraph where it states that "Mr. McCash confirmed that the applicant does not envision the 25 percent of office use as being a sit down restaurant" it should be revised to state, "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." There was no objection from Council to the amendments. Mrs. Stillwell moved approval of the minutes as amended. Mr. Zawaly seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. Zawaly, yes. Volunteer Recognition Mayor Kranstuber recognized four Dublin students who served as tour guides on the buses for the St. Patrick's Day festivities. The student volunteers were Michael Blaugrund, Jordan Blaugrund, Drew Jones, who are all present tonight, and Amanda Gentile, who could not be present tonight. He presented the students with Dublin golf shirts in recognition of their volunteerism. Proclamation Mike Cook, Solid Waste Advisory Committee came forward to receive a Proclamation from the Mayor for Earth Week -April 20 to 27. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held April 1, 1996 ig Correspondence The clerk reported that there was no correspondence requiring Council action. Comments from Visitors Chris Cline. President of the Dublin Soccer League updated Council on the league's activities and noted that they currently have 2,601 players participating. They now have been certified by the IRS as a charitable organization for tax purposes. They have enjoyed a good working relationship with Parks and Recreation and share resources in order to put on programs. The quality of the facilities at Avery Park is excellent and Dublin is known throughout the state and the midwest as a soccer town. They are looking forward to the availability of Cosgray Park in spring of 1997. Council Round Table Mr. McCash congratulated staff and past Council members for their role in obtaining the Dublin Road bikepath funding. Mrs. Stillwell: 1. Congratulated Ms. Puskarcik's division for their awards for City publications. 2. Noted that she attended the grand opening of Neat's Nest, a new bird watching and retail establishment along the river. She presented them with a plant on behalf of the City, welcoming them to Dublin. Following discussion on Council's desire to track new businesses and welcome them to Dublin in some organized manner, Mr. Foegler responded that staff will recommend an appropriate program within the next 60 days. Mrs. Stillwell moved to direct staff to prepare a recommendation within the next 60 days. Mayor Kranstuber seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Campbell, yes. " Mr. Zawaly: 1. Congratulated the Dublin Convention and Visitors Bureau for the marketing piece contained in the Ohio Pass. 2. Thanked the public for the resounding 59 % to 41 % approval of the revised Charter. He also expressed his gratitude to the Dublin Villaeer and the Columbus Dispatch for their dedication to unbiased, objective reporting. Ms. Hide Pittaluca congratulated Ms. Puskarcik for the communication awards recently won by the City. Mayor Kranstuber congratulated Mr. Zawaly and the Charter Commission for their work to assure passage of the revised Charter. Many cities will be using Dublin's Charter as a model Charter. LEGISLATION Tabled Legislation Ordinance No. 1496 (Amended)- 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, F.A. Kohler Company and RR Partners 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. (7ltird reading tabled until April 1, 1996) .Y Mr. Campbell moved to take Ordinance No. 14-96 from the table. Mr. Zawaly seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes. Mr. Foegler stated that a revised version of the ordinance has been provided to Council for this meeting as well as a copy which highlights the changes. He then provided the background regarding the ordinance which reflects an economic development agreement put together last January. The structure has essentially stayed the same. He summarized the provisions of the agreement: 1. The economic development agreement deals with infrastructure implementation for the property rezoned at the last Council meeting -the Thomas Kohler rezoning. The infrastructure includes a portion of the Emerald Parkway on this site, construction of Woerner-Temple Road on this site and off of this site as well. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK Held April 1, 1996 19 2. The school district has authorized an amendment to the previous revenue sharing agreement which provides that there will be no income tax sharing on this project. Therefore, the City will have all of the real property taxes produced by the new value of the property to contribute towards infrastructure, up until the point where $3 million is collected. At that point, the TIF effectively ends. 3. The project also involves a $2.5 million City contribution towards infrastructure. • 4. Infrastructure on this project for future phases captures the income tax produced by the project. The deal is structured so that the City installs the initial on-site infrastructure which includes all of the Woerner-Temple connection, on site and related, and all of Emerald Parkway north and south on site as well as the related sewer and water improvements, and a small piece of Woerner-Temple extending from Emerald Parkway to the west. Total estimate of these improvements is anticipated at $2.5 to $3 million. 5. In exchange for the City's initial investment, Duke and Associates will construct a 150,000 square foot office building at the northernmost end of the site. This will help to ensure the high quality of the office development all the way down to Tuttle. 6. The location of Emerald Parkway has- been shifted further to the west, providing significantly larger amount of freeway for office development. 7. This TIF sets up a funding mechanism to build some of the most critically needed roads in the southwest area, roadway improvements that today are not included in the five-year capital budget. 8. Phase I will include Emerald Parkway, a small portion of Woerner-Temple and enough of the interior loop road to provide access to the first office building. Phase II improvements will include the remainder of those roads on-site plus the construction of Woerner-Temple all the way west to Avery Road which is triggered by the 300,000 square foot of office development committed to. He summarized that staff believes this is an excellent project for the City in terms of setting up a funding mechanism for critical infrastructure. The ordinance before Council tonight authorizes the A City Manager to enter into TIF agreements with the developer, authorizes an agreement for the modified revenue sharing agreement with the school district, and incorporates the other components of the economic development into the TIF agreement. Mr. Zawaly moved to approve the ordinance as revised. Ms. Hide Pittaluga seconded the motion. Vote on the ordinance - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes. Mr. Zawaly moved to treat this as emergency legislation. Mr. Campbell seconded the motion. Vote on the motion - Mr. Campbell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Third Readings Resolution No. 06-96 -A Resolution Accepting the 1996 Business Retention and Expansion Program Final Report. (Third Reading) Mr. Hansley stated that this was presented to Council several weeks ago and staff is recommending adoption. Vote on the resolution - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. Resolution No. 07-96 - A Resolution Authorizing the City Manager to Convey aRight-of--Way Easement to the Ohio Bell Telephone Company Which Will Provide Service to the Summitview . Road Area, and Declaring an Emergency. (Third Reading) Mr. Hansley stated that staff is continuing to work on resolving several issues raised previously " about this legislation. Therefore, he recommends tabling it until the April 22 Council meeting. Mayor Kranstuber moved to table the resolution until April 22. Mr. Zawaly seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes. Second Readings Ordinance No. 28-96 - An Ordinance to Update the Arterial Traffic Plan for the City of Dublin, and Declaring an Emergency. (Second Reading) Mayor Kranstuber invited audience members to come forward and testify at this public hearing. The residents present did not testify. Mr. Foegler commented that a public information meeting on the Krier Drive connection was held RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held April 1, 1996 19 by staff and was well attended by the neighborhood group. At that meeting, the distinction was made that this amendment to the Thoroughfare Plan provides that the two roads should connect, but it does not determine the alignment. In order to accomplish the connection of the two roads, more alignment studies and development reviews will be necessary at a future date. He added that alignments are typically tied down in one of two ways -either the City does an alignment study or a development plan is brought in for review which results in tying down the alignment. There is no timeframe established for the connection at the present time. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mr. McCash seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Vote on the ordinance - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mayor Kranstuber, 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. (Second Reading) Mr. Hansley stated that staff recommends this be held for a third reading at the April 22 Council meeting. There will be a third reading at the April 22 Council meeting. Ordinance No. 30-96 - An Ordinance Consenting to ODOT's Resurfacing of the Dublin Portion of I-270, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that this is consent legislation and staff is recommending adoption by emergency in order to meet the state's timeframes. Mr. McCash moved to waive the three-time reading rule and treat this as emergency legislation. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes. Vote on the ordinance - Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. Mrs. Stillwell noted that she is hopeful that the construction work can be done at night on this project. 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. (Second Reading) Mr. Hansley stated that staff is recommending this beheld over for third reading. The Law Director can respond to questions at this time. Mr. Smith commented briefly that this ordinance allows the City to exercise its home rule authority. Most growing cities across the State will likely adopt this type of legislation in the face of new legislation passed at the Statehouse. Mrs. Stillwell summarized that this legislation will allow the City to make its own selection of design professionals and allows the City to expedite its own projects without being tied into a process prescribed by the State. Mr. Smith concurred. Mr. Zawaly noted that he would appreciate a memo regarding this ordinance. He also pointed out a correction in Section 2 where it should state "procedures as are deemed". There will be a third reading at the April 22 Council meeting. First Readings Ordinance No. 33-96 - An Ordinance Authorizing the Purchase of Public Safety Radio Communications Equipment without Formal Advertising and Competitive Bidding, and Declaring an Emergency. (First Reading) Mr. Campbell introduced the ordinance. Mr. Hansley reported that a detailed memo was provided on this ordinance, and Mr. Harding and Mr. Sommerville, Chief Communications Technician are available to answer questions. Mr. Harding noted that the emergency action is requested due to the timeframes for installation of the equipment and delivery, and due to the fact that the City must have the fourth channel up and running by August 4 in order to retain the rights to the channel. RECORD OF PROCEED[NGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK Held April 1, 1996 19 Mr. Hansley added that much discussion took place about this topic at the budget hearings. This legislation will enable the City to keep its options open and postpone a decision of whether to become part of the greater regional system. Mr. Campbell moved to waive the three-time reading rule and treat this as emergency legislation based upon the information provided in the memorandum regarding the sole source nature of the purchase, the August 4th deadline, the installation and delivery timeframes, and the safety concerns over the congestion of the present system. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Zawaly, yes; Mr. McCash, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Vote on the ordinance - Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes. Ordinance No. 36-96 - An Ordinance Authorizing the City Manager to Enter into a Contract with the City of Columbus for the Prosecution of Dublin Cases in Franklin County Municipal Court, and Declaring an Emergency. (First Reading) Mrs. Stillwell introduced the ordinance. Mr. Smith stated that this ordinance provides for renewal of the contract with Mr. O'Brien to handle Dublin's jury trials. Staff is recommending passage of this ordinance as an emergency since the present contract has already expired. 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 - Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes. Ordinance No. 38-96 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1996, and Declaring an Emergency. (First Reading) ~ Mr. Zawaly introduced the ordinance. Mr. Hansley explained that this ordinance amends the annual appropriations per the legislation passed earlier this evening for the Thomas Kohler project. Staff is recommending adoption by emergency. Ms. Hide Pittaluga moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Vote on the ordinance - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Ordinance No. 39-96 - An Ordinance Accepting the Lowest/Best Bid for the 5800 Building Parking Lot Improvements, and Declaring an Emergency. (First Reading) Mr. Campbell introduced the ordinance. Mr. Hansley explained that staff will request emergency action at the second reading due to the need to initiate this project prior to the busy construction inspection season and the need to expand the lot to serve the public. Mr. Foegler emphasized the importance of bringing this City building into Code compliance. These improvements were planned for the future at the time the building was purchased. Mr. Campbell concurred, adding that the consensus of Council at the time of the building purchase was that the price was very attractive and that future improvements such as the roof mechanicals and screening and parking lot would be programmed as funds became available. Mayor Kranstuber noted that there will be a second reading on Apri122 and a request for emergency action at that time. Council Committee Reports Ms. Hide Pittaluga, Public Services Committee reported that the Community Recreation Center dedication statement has been drafted by PRAC and circulated to Council in the minutes. She asked Council to adopt it formally. The statement reads, "Dedicated to the Dublin community to provide quality recreational opportunities and to foster fitness, well-being and fellowship." Following brief discussion, Mayor Kranstuber moved adoption of the dedication statement. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK Held April 1, 1996 ig Pittaluga, yes; Mr. Campbell, yes; Mr. Zawaly, yes. Mr. McCash, Community Development Committee reported that they met on March 22 and discussed the issue of utility line burial. The committee is seeking more information prior to making a formal recommendation to Council. They hope to have a recommendation for the April 22 meeting. Discussion followed about the possibility of the City hiring staff to do the utility burial. Mr. McCash also reported that the Committee discussed an item referred to them in January -the possibility of acity-initiated rezoning of the parcel at Avery-Muirfield/Post Road. Following discussion with staff, the residents, and Chris Cline, attorney, the Committee recommends that: 1) the property located at the southeast corner of Post and Avery-Muirfield Road be rezoned; 2) that Council direct staff to investigate appropriate zoning classification of the site, giving preference to office use; and 3) staff review the methods by which this recommendation can be implemented. Mr. McCash moved the recommendation of the Committee. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Campbell, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Stillwell, yes. Mr. Hansley noted that staff will respond within 60 days with the information as requested. Mrs. Stillwell, Administrative Committee reported: 1. They met regarding the Traffic Advisory Board on the 19th of March and minutes have been distributed. The next meeting on this topic is scheduled for April 23 at 6:30 p.m. at the 5800 Building. 2. The Committee has been working on tracking of items referred to staff or to committee as u well as a format for project status reports. Examples are included in the packet. A major project status report update will be included in the next Council packet. Anew system has " also been proposed for tracking citizen concerns/requests for information, and updates will be provided to Council as well. Mr. Hansley added that the formats for the reports can be further refined by Council based on what additional information they need. 3. Mr. Zawaly is working on the Council Rules of Order and will soon bring that back to the Committee for review prior to a recommendation to Council. Mr. Zawaly commented that this project is taking longer than he anticipated due to some of the major implications involved. 4. The goal setting report from February 9 and 10 has been distributed, and she would request that Council accept the report by motion, directing staff to bring legislation to Council to enact the goals contained in the report. Mrs. Stillwell moved acceptance of the report and to direct staff to bring legislation to Council to enact the goals. Mr. McCash seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. Mr. Hansley clarified that the goals are actually 1997-1998 goals, but since Council anticipates some of them being initiated in 1996, he will prepare a draft resolution for Council's review. 5. The Committee is proposing dates for the policy sessions with City staff: Monday, April 29 for Parks and Recreation; Monday, May 13 and Monday, June 10 for Development Department. They propose to begin the sessions at 6 p.m. with dinner and suggest an } agenda consisting of areas where the division needs policy direction, specific items to be discussed with Council, and review of goals that may be outdated. Mayor Kranstuber commented that for each policy session, the first item on the agenda would be review of the past goals. He suggests that staff prepare a list of those goals and a list of accomplishments. Any Council member who wants to discuss any specific goal could then do so. There was no objection from Council. 6. The next meeting of the Administrative Committee is scheduled for Thursday, April 25 at 5:30 p.m. at City Hall. The Committee hopes to have the information compiled from the traffic advisory group meetings and draft legislation for Council to review at their next meeting. The Committee's agenda also includes review of the Communications Plan, as RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK Helc_l April 1, 1996 19 referred at the goal setting process by Council. Mr. McCash noted that there are provisions in the federal telecommunications bill regarding satellite dishes. The FCC issued final orders on March 18, and petitions for reconsideration are due on April ~ 15. He asked if the City is taking any action on this. Mr. Smith responded that staff is aware of this bill. He will meet with Mr. Foegler and staff to review the bills affecting the City of Dublin and memo Council. Mr. McCash also noted concerns about the cellular tower on Tuller Road in an area outside the jurisdiction of the City of Dublin. He asked if the City could invoke the 3-mile jurisdictional overlay to protect these areas. Mr. Foegler responded that the 3-mile platting jurisdiction relates to subdivision regulation and the City would not have the legal ability to apply that in Franklin County. Discussion followed about the possibility of working with the townships to impact this issue. Mr. Hansley noted that he questions whether the township would have the statutory authority to regulate that type of utility. Mr. Smith offered to discuss this matter in a meeting he has scheduled this week with Becky Princehorn, attorney for Washington Township. He will report back to Council on this matter. Mayor Kranstuber noted that a policy session with the Public Information/Special Events division is scheduled immediately following the Council meeting. The meeting was adjourned at 8:40 p.m. -4 ayor -Presiding Officer Clerk of Council