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HomeMy WebLinkAbout10/07/1996 RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 1 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1 14 Hel 19 Mayor Kranstuber called the work session of the Dublin City Council to order at 7:00 p.m. on Monday, October 7, 1996. Staff Comments Ms. Grigsby noted that there has been a request to implement in 1996 the street lighting project programmed for the CIP in 1997. At the next Council meeting, staff anticipates bringing an appropriation ordinance for this purpose and the 1997 CIP will be adjusted to reflect the change. The ditch enclosure discussed at the last Council meeting will be included in the appropriation ordinance as well. Lastly, the appropriation will include monies for the computer consultant retained by the City during the staff vacancy created by the departure of the MIS administrator. Mr. Smith reported that staff contacted Mr. Arnold and Mr. Merritt of the City of Columbus regarding the street name change for Britton Parkway. They will be sending a letter reflecting their change of position on this matter. Columbus officials requested that the City Engineer check with the businesses in the area whose street addresses will change to ensure that they will not be upset. Mr. Kindra will follow up on this. The formal session of the Dublin City Council meeting was called to order at 7:10 p.m. Mr. Campbell led the Pledge of Allegiance. R 11 11 Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mr. Campbell, Mrs. Boring, i Mr. Zawaly, Ms. Hide Pittaluga, and Mr. McCash. Approval of Minutes of September 16, 1996 Meeting Mr. McCash noted the following corrections: 1. On page 2, in the second full paragraph up from the bottom, where it begins, "Mr. McCash noted that staffwas to make the determination whether to do this as a planned district or as a straight zoning" add at the end of the sentence, "and that further discussions with residents and staff determined that the available district for rezoning would be the SO, Suburban Office district. 2. On page four, where it states, "Mr. McCash suggested including some language that picnic shelters aren't an acceptable type of structure" it should be corrected to state, "picnic shelters and similar structures are an acceptable type of structure." 3. On page six, there is a statement that says, "He agrees that having all the buildings with the same materials does look harmonious." After this, add, "but that variety through a common palette of materials and colors has been successfully done in several Dublin neighborhoods." 4. On the last page, in the middle, where the signage issue is discussed and it states, "He would like the issue to be revisited as well as set back and size provisions for freeway signage", the word "freeway" should be taken out. The statement that begins, "Mr. McCash clarified" two lines down from that should have the statement "and size of signage in relation to building size, setback, height, etc." added. 5. After Mr. Zawaly's comment regarding the cautionary remarks, add the comment made by Mr. McCash emphasizing that the intent would not be to lower the City's standards but rather to review whether modifications consistent with Dublin's high standards are warranted. There were no objections to these modifications. Mayor Kranstuber moved approval of the minutes as amended. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, abstain; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Correspondence The Clerk reported that a notice was sent to Council regarding a D-3 liquor permit for Teed Off Indoor Golf Center, 6689 Dublin Center Drive. A letter from Attorney Nate Gordon RECORD OF PROCEEDINGS Minutes otbublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Hel 19 regarding this application was forwarded to Council. There was no objection from Council to the issuance of this permit. Comments from Visitors y Kay McNally, 7741 Crawley Dr. representing Bristol Commons subdivision, stated it is her understanding that Council may be voting on the final plat for this subdivision at the next meeting. They would like to let Council know that they oppose a portion of the final plat. A bike path was added to the plat at the last Planning & Zoning meeting, and the residents are opposed to any bike path connecting Carly Drive with the retention pond in Bristol Commons subdivision. She presented a petition to Council regarding the proposed bike path. Mr. Kranstuber stated he is not familiar with this issue. He asked staff or Mrs. Boring to provide an update regarding Planning Commission's action. Mrs. Boring recalled that staffhad recommended at the P&Z meeting that a bike path not included in the preliminary plat due to an oversight be added, and asked for the developer's cooperation. The neighborhood representatives were not notified of this change prior to the meeting, and so staff has been working with the residents to get their input on the matter since that time. Mr. Hahn stated that Ms. Jordan has been handling this issue, and he will check with her on the status of the meetings. Mayor Kranstuber stated that if the issues cannot be worked out in the next two weeks, he would suggest that the final plat be delayed an additional two weeks,. Robert Adamek, 7478 Tullymore Dr„ President of Wyndham Village Homeowners Association and spokesperson for Dublin Neighborhoods for a Planned Community addressed Council, stating that he is accompanied tonight by Lynn Davis, Treasurer, and Chris Cline, legal counsel. There are five civic associations that are opposed to SuperAmerica's attempt to rezone 2.6 acres of the southeast corner of Post and Avery/Muirfield Drive, otherwise known as Issue 5 in the upcoming election. He noted that the 5 associations support Council's earlier decision to deny SuperAmerica's request for retail zoning. In a relatively short period of time, they have gained the support often civic associations across the city. Their goal is to run a grass roots campaign that informs Dublin residents of the facts involved with this spot rezoning. Many Dublin residents do not know that Planning and Zoning Commission voted against the rezoning or that Council voted 5 to 1 against this rezoning. This rezoning effort violates the adopted development plans in the area by imposing this highly intensive retail use on this site, adjacent to single family homes. The current Limited Industrial zoning is not a practical land use. This parcel will most likely be rezoned to Suburban Office. If this rezoning is permitted, the potential for additional highly intensive retail development at this intersection is probable. These are some of the facts that the average Dublin resident does not know about this issue. It is their goal to inform all Dublin residents that this type of spot rezoning violates years of careful, logical, well designed planning that makes Dublin unique and should not be allowed. He thanked Council for their previous support, and noted that they will continue to work closely with Council and Planning Commission to preserve Dublin's city planning. Mr. Zawaly noted for the record that Planning and Zoning Commission in fact did not vote against the rezoning. They merely did not have enough votes to make a recommendation one way or the other, and thus it came to Council without a recommendation. Chris Cline, 37 W. Bridge Street, attorney stated that Dublin Neighborhoods for a Planned Community has filed a legal action in conjunction with their campaign against Issue 5. The complaint questions the legal sufficiency of the petition language on the initiative petitions. The statutory law requires that each petition have a full and complete title and text for the proposed ordinance. Case law indicates that an initiative must strictly comply with this requirement. In this case, the PCD text was not attached to the initiative petitions but RECORD OF PROCEEDINGS Minutes ofl)ublin City Council Meeting Page 3 Meeting DAY70N LEGAL BLANK CO., FORM NO. 1 1 Hel 19 reference was made to text consistent with the submitted text for Z-95-001. It is thus not # certain whether they intended to incorporate by reference every word of that text. The major question is must the ordinance text be attached to the petition or can reference merely be made to the text; and secondly, if the text can be created by reference to text found someplace else, text including uses of an automotive oil change, car wash and Taco Bell, are those important things that a signer should be made aware of prior to signing a petition? If the ordinance is enacted as proposed under the initiative, they want to be certain there are clear requirements which can be enforced in a court of law. They recommend that the actual text and graphics be apart of the initiative petition for this issue. He further suggested that Council examine their procedures in terms of amending ordinances following the P&Z hearings and accepting new information. Council Round Table Mr. McCash wished Mrs. Boring a very Happy Birthday! Mrs. Stillwell: 1. Presented Mrs. Boring with flowers and a book for her birthday on behalf of Council. 2. Noted that the second class of Leadership Dublin is now being recruited and the City will host the group on March 19, 1997 for a government overview. Staffwill coordinate the afternoon session, and Council will present the evening session to the group. She suggested that Mr. Hansley encourage City staff members to participate in the program. 3. Acknowledged the volunteer efforts of staff and Council members who participated in the riverfront clean-up in Dublin sponsored by the Nature Conservancy a couple of weeks ago. 4. Noted that it was nice to see the article about "Breakfast with Your Family", featuring Mayor Kranstuber in the Di a h 5. MORPC has been looking at telecommunications issues with a regional approach and has scheduled the next public meeting on Thursday at 1:30 p.m. 6. There will be a slight increase in the dues for MORPC based on a user fee approach. Services provided to member communities will be user fee based. Ms. Hide Pittaluga commented on the proposed painting design for the Post Road water tower, urging some "gender equity" in the plans as proposed. The drawings are noticeably unbalanced in this regard. Mr. Kindra responded that he will meet with the designer to look into this. Mr. Zawa1X commented on several items forwarded to Council in the packet: 1. Regarding the letter about the building signage for the AirTouch Cellular, he assumes this will be addressed at the Community Development Committee during their signage discussion. Mr. Hansley responded that it was put in the packet as an FYI to Council. It is the issue that the Community Development Committee is reviewing at this time for recommendation to Council. 2. In regarding to the Community Town Meeting put on by Channel 10, is there additional information available? , Mayor Kranstuber stated that Ms. Puskarcik will arrive later and can update Council on this program. Mr. Hansley stated that the City has been following Channel 10's format which will focus on community issue with community leaders present to respond to questions from the general public. 3. Regarding the memo about the storm water master plan, he asked for confirmation that the total project cost is now estimated at $464,150. Mr. Hansley confirmed this, and Ms. Grigsby noted that $150,000 was appropriated in 1995, $150,000 in 1996, an additional $14,000 this year, and $150,000 is budgeted for 1997. 4. Regarding the repainting of the Post Road water tower, he noted that it is very nicely done. The concept is very nice, and he thanked the ad-hoc committee who worked RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Hel 19 with staff on this project. 5. Regarding the Avery-Muirfield Drive/161 interchange modification study, will this be F reviewed in Committee? Mr. Hansley stated that this is provided for Council's information, and it will be brought to Council as either an ordinance modifying the budget, or as part of the CIP discussions. 6. In terms of replacing existing spanwire transfer signals with mast arms in areas where much infrastructure is yet to be done, he would like some background on the policy development from staffs perspective. 7. He asked what direction is needed from Council regarding the Gordon Flesch Company's development-related request. Mr. Hansley responded that this will be included in the land acquisition executive session scheduled tonight. Mr. Kindra noted in regard to the question about the 161/Avery-Muirfield interchange, that the information provided is a follow-up to the previous study. He suggested that Council discuss the land acquisition issue related to the interchange in an executive session. Mr. Campbell thanked Mr. Hansley for attending tonight's meeting in view of the fact that he is not feeling well. Mayor Kranstuber reported that: 1. OCLC will dedicate their new building tomorrow, and Mrs. Boring and Ms. Hide Pittaluga will represent Council at the event. 2. The BMW Financial Services headquarters opened last week and he attended the dedication ceremonies with Ms. Puskarcik and Mrs. Boring. The company officials were very appreciative of the City's assistance with the grand opening. 3. He attended the dedication of St. Brigid's School yesterday and presented a framed picture on behalf of the City. 4. October 6-12 is National Fire Prevention Week. He read a proclamation and presented it to Chief Bostic of the Washington Township Fire Department, and thanked him for the excellent job they do for the City of Dublin. 5. He has received many favorable comments from residents about the appearance of the Perimeter Center shopping center and the Big Bear store. He thanked everyone on staff and Council who played a part in the development process for the Center. PUBLIC HEARINGS/SECOND READIN Ordinance No. 88-96 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31,1996. There were no further questions or comments from Council. Vote on the ordinance - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes. Ordinance No. 89-96 - An Ordinance Extending the City of Dublin's Designation of Financial Institutions as Public Depositories as Provided for by Ordinance No. 85-94, and Declaring an Emergency. Ms. Grigsby stated that emergency action is necessary because the existing depository agreements expire on November 1. Mr. Zawaly moved to treat the ordinance as emergency legislation. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Vote on the ordinance -Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Campbell, yes; Mr. McCash, yes. Ordinance No. 91-96 - An Ordinance Authorizing the City Manager to Enter into an Agreement Leasing a 3.780+/- parcel on Blazer Parkway, Dublin, Ohio to Washington Township. Mr. Hansley stated that this deals with leasing the base of the water tower and the second floor RECORD OF PROCEEDINGS Minutes ofbublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK CO., FORM N 1016 Hel 19 to the township for use as a fire facility. Staff is still negotiating the details of the lease and recommends tabling this until October 21. Mayor Kranstuber moved to table Ordinance No. 91-96 to October 21, 1996. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes. Ordinance No. 92-96 - An Ordinance Authorizing the City Manager to Enter into an Agreement of Intent with the Ashland Chemical Company to Assist in the Expansion of the Company's Dublin Facility. Mr. Hansley noted that this involves a $20 million dollar, 100,000 square foot expansion of the research and development facilities at Ashland Chemical. Ashland hopes to decide by mid- month whether to locate the facility in Dublin or at a site in Kentucky. The proposal involves an inducement package tailored to Ashland; there is no property tax abatement involved. Details are highlighted in the information previously provided to Council. He noted that Mr. Boston of Ashland Chemical is present tonight to respond to any questions. Mr. Boston noted that he has no comments to make, but will respond to questions. Mr. McCash noted that when this was first discussed, it was proposed as a tax credit. There are, however, a number of other provisions included that he is not comfortable with. The City does not do these types of things for small businesses. He believes that big business and smaller businesses should be treated equitably. In consideration of the amount of staff time ~n involved with an expansion such as this, waiving permit fees will result in a higher cost for fees for smaller businesses, based on the cost study analysis. Mr. Hansley responded that staff and Council's philosophy about inducements in general has been to tailor them to the specific customer, based on a 3 to 5 year payback. The small business does not produce the income tax which would justify an inducement. He emphasized that this is Ashland's fourth major expansion and they are presently Dublin's largest tax payer. Mrs. Boring pointed out that when fees are waived such as these, it should be taken into account in the cost study analysis. If it is not taken into account, the per unit costs would go up. Mrs. Grigsby will follow-up on this. Mayor Kranstuber noted that fee waivers are not often granted by the City, and approving this waiver will indicate Dublin's commitment to Ashland. In recognition of Ashland's contributions to the community, he will support the ordinance. Mr. Zawaly noted that this is a retention and expansion issue, and the tax base provided by Ashland makes it possible for Dublin residents to have many amenities. In view of the competition with the Kentucky sites, he believes it is important to demonstrate the City's commitment to Ashland. He will support this ordinance. .N Mr. Campbell emphasized that the existing companies in Dublin are an important factor in the quality of life enjoyed by Dublin residents. While it is important to induce new businesses to come to Dublin, it is equally important to support the existing businesses. This is a win-win situation for everyone. Mrs. Boring stated that she would like to see Ashland expand in Dublin for all of the reasons the others have stated. In return, she would like to see the same support from Ashland of Council's decision about a land use issue reflecting adherence to the community's vision for development in Dublin. Brief discussion followed about the desire for emergency action. Mr. Zawaly moved to treat the ordinance as emergency legislation. The motion failed for lack of a second. RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK 00., FORM NO. 7014 Hel 19 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. Ordinance No. 94-96 - An Ordinance Amending Ordinance No. 23-93 ("Compensation Plan"). Mr. Hansley stated that this ordinance establishes a pay grade for the Director of Grounds and Facilities. Vote on the ordinance - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes. THIRD READING Ordinance No. 55-96(Amended) - An Ordinance Providing for a Change in Zoning for 22.573 Acres Located on the North Side of Post Road at the Franklin/Union County Line, from: R-1, Restricted Suburban Residential District, to: PUD, Planned Unit Development District. (Gorden Farms) (Applicant: State Street Realty c/o Bill Adams, 5126 Blazer Parkway, Dublin, OH 43017; and Casto Communities, c/o William J. Riat, 209 E. State Street, Columbus, Ohio 43215) Mayor Kranstuber moved that the third reading be tabled until October 21, 1996 as the applicant has requested. Mr. Campbell seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. Zawaly, yes. ,,R INTRODUCTION & PUBLIC HEAR1N Resolution No. 30-96 - a Resolution Authorizing the City Manager to Sign a Cooperative Agreement Between Franklin County and the City of Dublin for Intersection Improvements at Avery Road and Shier Rings Road. Mayor Kranstuber introduced the resolution. Ms. Hide Pittaluga asked for confirmation that the City's maximum exposure would be $500,000 and asked what the total cost of a project such as this involves. Mr. Kindra responded that the total cost is approximately $1.5 million, so Dublin will pay approximately one third of the total construction costs. Franklin County will provide the construction management for the project. Mr. Hansley confirmed for Mrs. Boring that Franklin County is ready to do this project now, and it will be cost effective for Dublin to cooperate with Franklin County since they are paying two-thirds of the cost. Ms. Hide Pittaluga asked if this project will be considered in the context of the overall traffic light needs for the City. Mr. Kindra responded that this is part of the short-term improvements needed at the Avery Road interchange. An executive summary of the next phase of intermediate improvements was included in the packet -these improvements will provide for the widening of the 161 bridge. Staff has begun working with ODOT on this because of the lengthy approval process involved. These projects will impact next year's budget and will require modification of the CIP. Ms. Grigsby pointed out that $200,000 for design was budgeted in 1996 and the project is included in the current CIP. Many of the improvements are necessary for the Perimeter area traffic flow and some of the costs will be shared with the developers of Perimeter and the Kroger development across the street. Mr. McCash noted that a provision of the agreement states that the City will provide hazardous waste screening, environmental site assessment, and remediation as needed at the City's expense. Since the area has had industrial activity, have any environmental assessments been done? His concern is an unanticipated liability. Mr. Kindra responded that no environmental assessment has been done at this stage. RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1074 Hel 19 Typically, that is done at the time of the acquisition ofright-of--way. Mr. Hansley added that if the liability for environmental hazards turns out to be a very large number, the City may opt not do the project. Dan Sutphen, 5832 Leven Links asked if Council is voting tonight on the improvements for the interchange. Mrs. Stillwell clarified that tonight's resolution involves the Shier Rings and Avery Road intersection. Mr. Sutphen commented on the overall plan for the Avery-Muirfield/161interchange improvements, stating that Council needs to act before the end of 1996 on the acquisition of land for the interchange as recommended by P&Z. The land to the west and north of Dublin will be developed and will impact on Dublin's traffic. The City should buy the land while it is available at the pre-development price. Mr. Campbell thanked Mr. Sutphen for coming to the Council meeting and noted that the City would not be what it is today were it not for the efforts of previous Council members like Dan Sutphen and many others. It was the hard work of folks like Dan Sutphen and previous Councils that enabled the City to be able to build a rec center, to develop parks, to have all of the amenities that exist today. He thanked them for their planning efforts which are much appreciated. Mr. Zawaly noted that the recommendation was very strong from P&Z regarding this land acquisition, and he urged Council to discuss this in a timely fashion. Vote on the Resolution -Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Zawaly, yes. Council Round Table (cont. Mayor Kranstuber asked Ms. Puskarcik to give an update on the town meeting sponsored by WBNS. Ms. Puskarcik stated that this is a WBNS television event. They have been visiting communities outside of I-270 since spring, and Dublin is the first community inside of I-270 to be featured. The focus will be community issues and how Channel 10 can help tell the Dublin story. They will also visit a Dublin business that day. The town meeting is scheduled for 1 p.m. at the Rec Center. Committee Resorts Mr. Zawaly, Finance Committee noted that they will meet tomorrow. The agenda includes the Dublin Women's Club funding request, the MORPC Greenways Plan funding request, prioritization of issues for the review of the Legal Department structure, and review of the hoteUmotel tax grant policies. Ms. Hide Pittaluga, Public Services Committee reported that the Conleth Circle bike path issue needs to be reviewed again by the Committee since staffwas not able to resolve the issues with -p the residents. The clerk will contact Ms. Hide Pittaluga and the other members to schedule a date. Mrs. Stillwell, Administrative Committee reported that: 1. The Committee met this evening to review Mr. McDaniel's report on the board and commission workshops. 2. The Transportation Task Force has met, and an orientation program has now been established. Several meetings have been scheduled to familiarize them with theThoroughfare Plan. 3. Regarding the Council Communications Plan, the Committee recommends that this is integrated into the entire Strategic Communications Plan, emphasizing that RECORD OF PROCEEDINGS Minutes ofbublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Hel 19 improvement is needed in communicating Council's positions to the public. 4. The Committee will meet with Mr. Igoe on October 29 regarding arrangements and agenda items for the legislative breakfast in November. Mrs. Stillwell moved to adjourn to executive session for the purpose of discussing land acquisition and personnel matters. Mr. Zawaly seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. Mayor Kranstuber announced that the meeting will not be reconvened following the executive session. The meeting was adjourned at 8:35 p.m. Mayor -Presiding Officer Clerk of Council .,s ,a ,