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HomeMy WebLinkAbout07/15/1996 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO., FORM NO. 1 14 Held July 15, 1996 19 Mayor Kranstuber called the informal portion of the Dublin City Council meeting to order at 7:00 p.m. on Monday, July 15, 1996. Comments from Staff Mr. Hanslev noted that a memo was forwarded to Council in the packet regazding a proposal for an exclusive privilege to sell soft drinks at the Rec Center. He has reviewed the proposal in concept, and asked that Council notify him this week if they have concerns. Mr. Smith reported that: 1. The issues raised by the Clementes at a Council meeting regazding the appropriation of their property on Brand Road have been resolved. The developer has also reimbursed the Ciry for costs involved in acquisition of the right of way, legal and appraisal fees. 2. The City has now completed its due diligence in regazd to the Jenmaz properties. Letters aze being sent today and meetings will be scheduled with the individual property owners. Mr. Kindra reported: 1. The City of Columbus has scheduled an open house meeting on August 7 from 4 to 7 p.m. at Worthington Kilbourne High School to report on the status of I-270. 2. The I-270 contract which Columbus has negotiated will have an option for night work included. Any concerns about this should be passed on to the City of Columbus. Ms. Jordan reported that the operations of the Parks and Recreation division will be moved to the Rec Center this week. The business offices for Pazks and Recreation at City Hall will close at noon on July 17 and reopen at 8 a.m, on Monday, July 22. She asked that citizens be patient during this transition period. mow,, Mr. Lenz reported that the finishing work is taking place on the Rec Center this week and everything is looking good. T, Ms. Jordan also reported to Council that the official dedication plaque for the Rec Center will not be completed in time for the grand opening, but a replica will be on site for the dedication. Mayor Kranstuber called the formal portion of the Dublin City Council meeting to order at 7:10 p.m. Ms. Hide Pittaluga led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mrs. Boring, Mr. Campbell, Mr. McCash, Ms. Hide Pittaluga, and Mr. Zawaly. Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Mr. Hazding, Mr. McDaniel, Ms. Clazke, Mr. Kindra, Ms. Beazden, Lt. Geis, Ms. Jordan, Ms. Puskarcik, Ms. Kennedy, Mr. Lenz, Mr. Card and Ms. Crandall. Approval of the Minutes of the Tune 17, 1996 Meeting Mr. Zawaly noted an addition to page 5 of the June 17 meetings under his comments regarding the contracting ordinance. Anew number "1" should be added which states, "When, after advertising, no bids have been received." On page 6 under his comments at the bottom, it should read, "cultural and performing arts center." Mrs. Boring noted that on page 7 under Consent items, add that she moved that they be introduced. , Mr. Zawaly moved approval with these correction. Ms. Hide Pittaluga 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. Approval of the Minutes of the Tull, 1996 Meeting Mr. McCash noted an addition to page 8. After his comment that, "The single access for Killilea was determined to be a safety problem for 81 planned homes there," add, "and questioned why the same safety concerns were not cited for this subdivision -Phase 45 of Muirfield." Ms. Hide Pittaluga moved approval with this correction. Mr. Zawaly seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. Zawaly, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1 1 Held July 15, 1996 ig Correspondence The clerk noted that a notice was forwarded to Council regarding transfer of DS and D6 liquor permits from the Red Door Enterprises at 6360 Frantz Road to the Hyde Park Chop House at the same address. There was no objection to the transfer of these permits. Comments from Visitors George Marshall, 8727 Birgham Court. Dublin stated the following: 1. Congratulations to the City and staff for the outstanding events on the Fourth of July. 2. Congratulations also to the City on the grand opening of the new Recreation Center. 3. He noted that he was an active participant in discussions about bridge locations in the past years. As he recalls, three alternatives were presented in the final group, and the number one choice by the consulting engineers was the Brand Road extension. However, due to the infrastructure expense involved with that location and other concerns, it was not selected by Council. Another location discussed was the northern boundary of Donegal Cliffs which lines up with Summitview across the river, but people opted instead for the current location immediately north of 270. This all took place prior to any discussion of Emerald Parkway. It is now obvious that this location has proved to be an excellent one. The option selected involved only one property owner on Dublin Road and is a prudent use of eminent domain by the City in that it benefits many residents. 4. He pointed out that the use of eminent domain and "heavy handed tactics" have been used in seizing two of Dublin's oldest operating businesses. Although he agrees that the Marathon station is not the most attractive business, the Union 76 station serves a vital interest for the people in Dublin - it is the only facility in Dublin that provides old fashioned service. He is opposed to the taking of property, the elimination of tax base and the ousting of people's jobs. He urged the City to negotiate with either party on an "as interested" basis in acquiring the lands for future use. But he is opposed to the acquisition of these lands for the sheer purpose of developing a better image at this intersection. a R.J. Lemyre. Buckeye Swim Club stated that he is 11 years of age and is a Dublin Dolphin and Buckeye swimmer. The Buckeye Swim Club is a U.S.S. age group swim team and many of its members are Dublin residents. They had looked forward to using the new Rec Center pool for practices but have been told that Dublin will have its own U.S.S. swim team at the Rec Center and that they will have to join the new team in order to swim at the Rec Center. He does not want to leave his coaches and teammates, and urged Council to reconsider their decision. George Marshall noted that he is confused about the minutes of Planning & Zoning Commission minutes where they have imposed an additional hurdle of a bridge location on the Multicon development at Amberleigh North. It is not appropriate to impose on a developer the burden of redesigning their subdivision to accommodate another bridge. He believes the need for yet another bridge between downtown and Shawnee Hills has not been supported. Mayor Kranstuber stated that discussion took place at a recent Council meeting about this under the consideration of the concept plan for Amberleigh North. He asked that the Clerk send copies of the minutes to Mr. Marshall. He added that the possibility of a bridge at this location is extremely remote and the developer was merely asked to hold off on Phase 2 until the Community Plan update is completed. Mr. Campbell noted that he was present for the bridge discussions which took place several years ago. He corrected Mr. Marshall, stating that the consultants overwhelmingly recommended the site north of 270 where the bridge will now be built, not the Brand Road extension. One of the factors influencing their recommendation was that a road would come through the corridor which ultimately turned out to be Emerald Parkway. He added that the minutes on this topic were recently researched in conjunction with another resident's statements to Council at a recent meeting. Council Round Table Ms. Hide Pittalu~a reported: 1. Congratulations to staff on the Fourth of July celebrations. It was very enjoyable, and the fireworks were the best to date for Dublin. She thanked Sandra and her staff for their hard work. 2. Congratulations to Ms. Grigsby on the outstanding financial reporting award recently given to the City. Mr. Zawalv congratulated staff on the Fourth of July celebration, stating that it was a spectacular RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Held July 15, 1996 19 event. Mr. Campbell: 1. Noted that the staff did a great job with the Fourth of July events. " 2. Reminded everyone that this is the first Council meeting taking place after the effective date of the Revised Charter. 3. Pointed out an article in the NLC Weekly regazding economic development progress in Dublin. Today's Dis anan tch featured azticles about the new Rec Center and the Art in Public Places project to be dedicated this month. He described the incredible number of projects undertaken or completed by the Ciry over the past few yeazs, including the Mt. Auburn study, the Retention & Expansion effort, the Charter revisions, the MSI cost of services study, Emerald Parkway, update of the Thoroughfaze Plan, acquisition of the 5800 Building, the Justice Center, and the Rec Center. At the same time, many new businesses have come to Dublin or expanded existing facilities in Dublin: Cellulaz One, John Alden, Applied Innovation, BMW, Cazdinal Health, Nationwide Insurance, Metatec, etc. 4. He summazized that Dublin is doing what other communities of its size only dream of doing. Dublin is an extremely fortunate City with a strong local economy which allows the City to do all of the things it does. Mrs. Stillwell commented: 1. She feels a great sense of pride in the community which was heightened by the Fourth of July celebration. A professional event planner seated at their table praised City staff for the excellent job in coordinating the events. 2. She attended the NLC Boazd meeting in Columbus recently, representing the Mayor who was out of town, and it was a great opportunity to provide information about the good things happening in Dublin to visitors to the azea. 3. MORPC is hosting a meeting this week regazding the I-270/Sawmill Road interchange. The concept of a "single point urban interchange" will be proposed and discussed by Columbus, Dublin and the county representatives. Mrs. Boring commented that the Fourth of July celebration was an overwhelming success. She especially noted all of the City staff who were friendly and accommodating to those who attended the events. This is a continuation of a grand tradition of encouraging residents to celebrate the Fourth of July in Dublin. Mr. McCash stated: 1. The Fourth of July celebration was great, and the City will have a hard time next yeaz topping it! 2. He would like more information regazding the Jerome township zoning hearing notice which was contained in the packet. The proposal is for a heavy retail use, and he is concerned about the traffic impact along 161. 3. He clazified that the HVAC permit for Revco was issued the same day it was submitted to the City. This item was discussed at a recent Council meeting, and Mr. Lenz sent a memo to Council on this matter the next morning. Mayor Kranstuber noted: 1. He was impressed with the precision of the staging of the entire Fourth of July event, and thanked the Special Events staff for their efforts. 2. He thanked Mrs. Stillwell for filling in as Acting Mayor in his absence. 3. He received a nice letter from Bill Lavelle of the Dublin School Boazd thanking the City for ~ the invitation to the Fourth of July function, and noting the good relationship that the schools and the City enjoy. " 4. He will be unable to attend the Monday, July 22 policy session due to a scheduling conflict. LEGISLATION Third Readings Ordinance No. 52-96(Amended) - An Ordinance Amending Chapter 35 of the Codified Ordinances to Revise the Fee and Service Charge Revenue/Cost Comparison System and Establishing a Schedule of Fees and Service Charges for City of Dublin Services. (Third Reading) Ms. Grigsby noted that a memo has been sent to Council regazding the proposed amendments to the ordinance, based on the discussion at the last Council meeting. The amendments proposed have been incorporated into the ordinance, and staff recommends passage at this time. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1074 Helcl July 15, 1996 19 Mrs. Boring requested that Council consider reducing the special event fees for Dublin city groups by 50 percent. She distributed for comparison a list of fees charged by Dublin City Schools. The high fees for City services places a burden upon Dublin groups who must then apply for bed tax grants. The intent is to be more community friendly, to lessen the Committee work, to encourage Dublin groups who promote a sense of community, and to remove the uncertainty about the fee levels. She proposes that this discount policy be implemented for one year and then revisited. Ms. Hide Pittaluga asked for clarification about the term "Dublin non-profit" on page 8. Is this for a~ non-profit or non-profits based in Dublin? She thinks it is wrong to discriminate between non- profits located inside or outside of Dublin. Ms. Grigsby responded that the change incorporates all non-profits. The language previously stated Dublin non-profits. The term "Dublin non-profit" would encourage groups to change their location in order to obtain the reduced fees. Mrs. Boring stated that her intent is that only Dublin non-profit groups receive the discount since they give back so much to the community. Mr. Zawaly would favor a modification which adds the Dublin non-profit organizations at the discretion of the Finance Committee. Mr. Campbell questioned the amendments which were generated based on the Finance Committee review. He has reviewed his notes from the May 22 and June 18 Finance Committee meetings where two of three members voted in favor of 50 percent recovery for these organizations. At the July 1 Council meeting, no closure was brought to this issue, but somehow the Finance Committee recommendation was not incorporated. The Finance Committee was to have the discretion to recommend the 50 percent discount. Ms. Grigsby responded that staff had prepared the language based on the discussion at the July 1 Council meeting. Mrs. Boring moved to reinstate the stricken language previously contained on page 8. Mr. Campbell seconded the motion. Vote on the motion - Mr. Campbell, yes; Ms. Hide Pittaluga, no; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Zawaly, no; Mrs. Boring, yes; Mrs. Stillwell, yes. Mrs. Stillwell proposed that the language in Note 13 on page 8 be amended, and that "recognized, tax exempt, non-profit Dublin organization" be substituted for "501(c)3 group". Ms. Hide Pittaluga agreed that this language may need some clarification. Mr. Zawaly suggested tabling the ordinance to allow time for reworking of the language so that the administration of the ordinance is not burdensome for staff. Discussion followed. Mr. Campbell agreed with Mrs. Stillwell's proposed language, since "501(c)3" seems overly restrictive. Mr. Zawaly commented that he believes that the bed tax application guidelines require 501(c)3 status. Ms. Grigsby stated that the bed tax guidelines specify a federally recognized tax exempt organization based upon their tax returns. Discussion continued. Mrs. Stillwell moved that the language be amended to state, "Should the organization meet the criteria to be a tax exempt, non-profit organization or governmental agency which is located within the City of Dublin's municipal corporation they will receive a 50 percent discount." Mrs. Boring seconded the motion. Ms. Puskarcik pointed out that there are many non-profit groups located in Dublin that could fall in this category, but she believes Council's intent is oriented toward more service organizations. Non-profit organizations also organize runs and tournaments in Dublin which could then qualify for this reduction even though the City may have no involvement in the event. Mayor Kranstuber stated that he will vote against the amendment and against the ordinance if the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held July 15, 1996 19 amendment remains in place. He supports leaving the rate at 100 percent and giving the Finance Committee the review responsibility for potential discount. He recalls that Council had previously decided to support fewer and higher quality events as opposed to subsidizing a high number of events. Mr. Campbell stated that the cost of services system was adopted so that the City would understand ~ the true costs of services provided. The intent here is to give local, Dublin chazitable, non-profit groups a break on the costs. Staff still has the discretion of whether to allow an event to come to the City if the event is financially disadvantageous. This ordinance merely allows a 50 percent recovery of costs if the City allows the event. Mr. Zawaly added that if the Ciry has the discretion to turn down requests for events, the ordinance should include this language. Mrs. Stillwell stated that perhaps the definition needs to be narrowed to address civic, service and church organizations. She would support some type of tiered structure. Mrs. Boring suggested aone-yeaz trial for the tiered structure. Mr. McCash added that a later amendment needed is for 5-127, 128 and 130 where Note 13 should be removed. Vote on the amendment - Mr. McCash, no; Mr. Campbell, yes; Ms. Hide Pittaluga, no; Mayor Kranstuber, no; Mr. Zawaly, no; Mrs. Boring, yes; Mrs. Stillwell, yes. Mrs. Stillwell moved to refer the ordinance to the Finance Committee to redraft the language, taking into account all of the previous discussions. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, no; Mayor Kranstuber, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. Boring, no. The ordinance was referred to the Finance Committee. Ordinance No. 60-96 - An Ordinance Accepting the Lowest and Best Bid for Office Supplies. (Third Reading) Vote on the ordinance -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Second Readings Resolution No. 09-96 - A Resolution to Repeal the Existing Council Rules of Order and to Adopt New Council Rules of Order. (Second reading tabled until July 15, 1996) Mrs. Stillwell moved that the resolution be left on the table indefinitely. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes. Ordinance No. 6496 - An Ordinance Accepting an Annexation of 38.171+/- Acres from Washington Township, Franklin County, to the City of Dublin. (Stephen A. Young petition) (Second Reading) Mr. Foegler presented a graphic to Council delineating the location of the proposed annexation. He noted that the site is serviceable for City water and sewer. Amore detailed report will be presented at the third reading. There will be a third reading at the August 5 Council meeting. W Ordinance No. 65-96 - An Ordinance Amending Ordinance 126-95 to Establish Rental Rates for the Community Recreation Center. (Second Reading) Mr. Zawaly, Finance Committee noted that the Committee reviewed this ordinance in a session prior to tonight's Council meeting and will provide a report to Council prior to the next reading. The Committee is considering several amendments: 1) to add a "Whereas" clause: "Whereas the rental rates are based on market analysis review of other similar facilities." This is to clazify that the rental rates do not represent a true cost of services recovery. 2) In Section 3, to add at the end, "and related policies adopted by Council." 3) In Section 1, after each reference to the hourly rate for Dublin residents, it will read, "per hour for Dublin residents and authorized Dublin City school district functions". RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Held July 15, 1996 19 The emergency language needs some minor revision to conform to the standard emergency language used in ordinances. In addition, a comprehensive discussion took place regazding policies that Council should establish to guide the City Manager in the implementation of Section 3 of the ordinance. The list of priorities for reservation of the CRC will be refined and incorporated into a memorandum from the Finance Committee prior to the third reading. Mayor Kranstuber noted that members of the Buckeye Swim Club aze present this evening for the discussion on this ordinance. He added that Council members have received letters from the Club outlining their concerns, and Council will take these into consideration prior to the vote on the ordinance. Mrs. Stillwell noted that letters from Marti Snow and Bazbaza Brugman were copied to Council this evening. These also relate to the Buckeye Swim Club members' concerns. Kathy Whitson, 4785 Donegal Cliffs Drive stated that her daughter swims for the Buckeye Swim Club and the Dublin Dolphins. She asked Council to consider the fact that a lazge number of Dublin residents belong to the Buckeye Swim Club and she asked that they be given consideration as Dublin residents for use of the Recreation Center. Ordinance No. 69-96 - An Ordinance to Appropriate a Fee Simple Interest in a 0.3875 Acre Parcel Owned by Dublin Marathon Service Company, Located on the West Side of High Street and South Side of Bridge Street, in the City of Dublin, County of Franklin, State of Ohio. (Second Reading) Mr. Hansley stated that staff is recommending this be held over for third reading on August 5. There will be a third reading of the ordinance at the August 5 Council meeting. Ordinance No. 70-96 - An Ordinance to Appropriate a Fee Simple Interest in a 0.7010 Acre Parcel Owned by Uno-Ven Company and Granted to Union Oil Company of California, Located on the West Side of High Street and North Side of Bridge Street, in the City of Dublin, County of Franklin, State of Ohio. (Second Reading) Kathy Whitson. 4785 Donegal Cliffs Drive stated that she supports the continued existence of this gas station which provides a valuable service to the community. She urged Council members not to use their power of eminent domain to take this property which will result in the loss of jobs for the station's employees. Mr. Smith stated that staff is working with the attorney representing the owner of the station and will continue to do so. Jeff Hollinger, 9441 Avemore Court asked for clazification about the City's interest in owning property on which a gas station is located. Mr. Smith responded that Council approved a resolution last year indicating that they may use these properties in the future for a gateway, pazk or other appropriate use. Council has consistently given direction to staff that an effort should be made to work with the owners for the duration of the planning process for the site. Mr. Campbell added that this is not an overnight occurrence. Council and staff have been attempting to work with the landowners to find a mutually agreeable resolution. Council has made the decision to go forwazd with this acquisition as indicated by Mr. Smith. , Introduction & First Readings Mrs. Stillwell pointed out that the remainder of ordinances tonight are introduced under the provisions of the Revised Charter which took effect on July 4. She suggested that Mr. Zawaly, Chairperson of the Charter Review & Revision Commission, comment briefly on the changes in the legislative process provided under the Revised Charter. Mr. Zawaly noted that revisions include the following: 1. Resolutions aze to be temporazy, informal and ceremonial in nature. They will be introduced, publicly heazd and voted upon at the same meeting, although he noted that all of this is at Council's discretion. Resolutions aze effective upon passage. 2. Ordinances aze general and permanent in nature. They will be introduced and have a first reading, and will then have a public heazing and vote at the next designated meeting subsequent to the introduction. Council will have the discretion at the time of the public RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL RCANK CO., FORM NO. 1014 Held July 15, 1996 19 hearing to proceed to a vote. 3. An ordinance will become effective 30 days after adoption. Emergency legislation at the first reading will require a motion to dispense with the public hearing and consider the ordinance as an emergency. For an emergency ordinance at the public hearing, a motion to treat the legislation as an emergency will be needed. 4. Public hearings will be officially closed by the Mayor and then discussion by Council members will follow prior to the vote. In the event Council is not ready to vote following discussion, the public hearing may be adjourned or recessed until a later date. 5. For zoning ordinances, it is no longer necessary to have a super majority if Council desires to change the recommendations of the Planning Commission. The super majority of 5 votes is only required when Council wants to approve a rezoning which was recommended for disapproval by the Planning Commission. In other words, it will take a simple majority or four votes for Council to adopt or defeat a Planning and Zoning recommendation for approval or when no recommendation has been made. Ordinance No. 72-96 - An Ordinance Providing for a Change in Zoning for 10.214 Acres of Land Located on the Southwest Corner of Parkcenter Circle and Blazer Parkway from: PCD, Planned Commerce District to: PCD, Planned Commerce District. (Marriott at Tuttle Crossing) (First Reading) (Applicant: Winegardner & Hammons, Inc., c/o Jeffrey L. Brown, Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mr. Zawaly introduced Ordinance No. 72-96 and moved to refer it to Planning & Zoning Commission. Mrs. Boring seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. The ordinance is referred to Planning and Zoning Commission and will then come back to Council for a public hearing and vote. Ordinance No. 73-96 - An Ordinance Amending the Annual Appropriations for the Fiscal Year "'P Ending December 31, 1996. (First Reading) Mr. Zawaly introduced the ordinance. Ms. Grigsby stated that this ordinance appropriates funds necessary to implement the reorganization of the Service Department. She noted that appropriation ordinances are effective upon passage, as provided under the Revised Charter. Mr. McCash asked for more detail on the Capital Improvements Tax appropriation in Section 3 listed as "Other projects". Mr. McDaniel stated that these monies are for vehicles to accommodate the new supervisor positions contained in the reorganization. He is working with Columbus Gas to obtain a grant for alternative fuel vehicles and will report back to Council at a later date on the status. Mrs. Stillwell noted that there will be a public hearing on the ordinance on August 5, 1996. Ordinance No. 74-96 - An Ordinance to Accept the Lowest/Best Bid for Emerald Parkway Phase III -Rings Road to Shier Rings Road, Appropriating Funds, and Declaring an Emergency. (First Reading) Mr. Campbell introduced the ordinance. Mr. Zawaly moved to dispense with the public hearing and treat the ordinance as an emergency. Mrs. Boring seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mrs. Boring, yes. ~ Mr. Foegler stated that the recently approved Thomas Kohler rezoning and associated TIF agreements provided that the City install the Phase 1 infrastructure which consists of the whole length of the Emerald Parkway on the Thomas Kohler property, some improvements south of Rings Road where the taper from a boulevard to the three lane section to the south is needed, all of the associated off-site utilities for sewer, water and storm sewers, and the first phase of the Woerner- Temple Rings connector from Emerald Parkway to the western edge of the property line of Thomas Kohler. The bids came in below the estimate and the appropriation request is for 10 percent above the low bid to provide for contingencies. He then provided some further detail on the funding of the projects. Staff is requesting emergency action on this ordinance in order to comply with the timeframes of the TIF agreements. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held July 15, 1996 19 Ordinance No. 75-96 - An Ordinance to Adopt the Five-Year Capital Improvements Program for the Years 1997-2001. (First Reading) Mrs. Stillwell introduced the ordinance. Mr. Zawaly, Finance Committee Chairperson stated that the Committee has established two dates, July 17 and 24 for review of the proposed CIP. He has met with Ms. Grigsby to review the format for the sessions, and the presentation method will be sensitive to Council goals. Mrs. Stillwell moved to refer the ordinance to the Finance Committee for review. Mr. McCash seconded the motion. Vote on the motion - Mr. Campbell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. Ordinance No. 76-96 - An Ordinance to Appropriate a .104 Acre Temporary Construction Easement and a .038 Acre Fee Simple Interest Owned by Stephen Willson Meagher, Located on the East Side of S.R. 745, in Washington Township, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the ordinance. Mr. Smith explained that staff is requesting that Council dispense with the public hearing and treat this as emergency legislation in order to commence with the appropriation case. Mr. Zawaly moved to dispense with the public hearing and treat the ordinance as an emergency. Mr. McCash seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Campbell, no; Mrs. Stillwell, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes. Mr. Foegler clarified that the contract for Emerald Parkway Phase 2 contains date specific performance that are consistent with the City's agreements and obligation to Cardinal Health. The lack of this easement is causing a holdup for the contractor for which they would have a basis for not meeting their time requirements. Vote on the ordinance -Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Ordinance No. 77-96 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1996. (First Reading) Mr. Zawaly introduced the ordinance. Mr. Hansley stated that the appropriations provide funds for replacement of the air conditioner at City Hall. Staff hopes to have installation completed prior to the August 5 meeting. Mr. McCash pointed out that an amendment is needed to Section 2 to state that it is necessary to waive the public hearing of the ordinance, not the second reading. Mr. Zawaly moved to amend Section 2 to read that it is necessary to waive the public hearing of the ordinance. Mr. McCash seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes. Mr. Zawaly moved to dispense with the public hearing of the ordinance. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. McCash, yes. ~..v OTHER Mr. Foegler clarified why the Muirfield related waiver report did not have a recommendation and the other did. The Muirfield Villa a sidewalk waivers are a lop -standin g g g policy of City Council and not looked at for the merits of a particular hardship but rather for consistency with the long- standingpolicy. Shannon Glen is addressed in terms of the particular hardship involved in that case. Sidewalk Waiver Request -Muirfield Village Phase 45 Mr: Campbell moved to waive the sidewalk requirement for Muirfield Village Phase 45 to be consistent with the rest of Muirfield Village. Steve Russi, representing the applicant stated that he would like clarification about the street tree waiver previously requested. Ms. Clarke responded that only the sidewalk waiver requires separate Council action in this case. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. McCash, no; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1 14 Held July 15, 1996 19 Sidewalk Waiver Request -Shannon Glen. Section 1 Mr. Kinds stated that, as outlined in the memo provided to Council, staff recommends approval of the waiver because a bikepath will be installed close to the street and a sidewalk will be installed on the other side of the street. Mr. Campbell moved to approve the sidewalk waiver for Shannon Glen as requested in the letter of July 8, 1996. Mayor Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mayor Kranstuber, yes. Council Committee Reports Ms. Hide Pittaluga, Ad Hoc Computer Committee noted that she was extremely disappointed that her motion regarding the computer study was not approved by Council at the last meeting. She strongly believes that given the progressive nature of the Dublin community, Dublin staff needs the tools and resources with which to operate efficiently. She noted that in the future, as issues arise which relate to the effectiveness of internal communications, she will bring them to Council's attention to point out the benefits of interconnection, archiving and indexing City documents. Mr. Zawaly, Finance Committee noted that the CIP meetings are set for Wednesday, July 17 and Wednesday, July 24 at 7 p.m. in Council Chambers. Mrs. Stillwell, Administrative Committee reported that: 1. The Committee met on Friday and received an update on the compensation and classification study currently underway. The anticipation is that the final report will be provided to staff in mid-August and will then be forwarded to Council for consideration at a later date. 2. She reminded Council that they will meet tomorrow evening at 5:30 p.m. as a Committee of the Whole to complete the interview process for the Transportation Task Force. 3. A copy of a letter sent to board and commissions was distributed to Council tonight. The ~ workshop sessions to be facilitated by Mr. McDaniel are scheduled for July 30 and 31 at the Justice Center. 4. Staff is also working on the legislative tracking system and working with the Committee in planning the fall meeting with legislators. 5. Mr. McCash has offered to assist Council members with training on the E-mail system so that they can send files back and forth. Perhaps a brief training session can be scheduled for 45 minutes prior to an upcoming meeting. A tentative date was set for August 5 at 6:15 p.m. Mr. McCash, Community Development Committee stated that a tentative meeting has been scheduled for Friday, July 26 at 4 p.m. Mr. Campbell indicated he will be out of town, and Ms. Hide Pittaluga noted that she has a conflict with that time. Mr. McCash will identify another date and time and advise the members. Mrs. Stillwell reported that the Administrative Committee will meet on July 18 at 6 p.m. She also asked Council to consider cancelling the August 19 Council meeting due to the vacation schedules of several members. Discussion followed and it was determined that this would be considered at the next Council meeting. Mayor Kranstuber moved to adjourn to executive session for personnel matters. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Campbell, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, ~ yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Stillwell, yes. Mayor Kranstuber announced that the meeting will not be reconvened following the executive session. Them adjourned to executive session at 9:30 p.m. r -Presiding Officer Clerk of Council