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HomeMy WebLinkAbout01/09/1995 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK R Held January 9, 1995 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Joel Campbell at 6:30 p.m. on Monday, January 9, 1995. Committee Reports • Finance Committee j Mr. Strip reported that the Finance Committee has previously made a recommendation to approve ~k funding of $174,430 for the Dublin Arts Council for 1995. He moved the acceptance of the recommendation of the Committee. Mr. Kranstuber seconded the motion. Mr. Campbell then provided a brief summary of Council's role in the selection of arts projects via the funding provided from hotel/motel tax funds. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Staff Comments Ms. Puskarcik provided a brief summary of the special events sponsored by the City during the past year, and asked for some feedback•from Council regarding sponsorship of events such as the Bands, Bikes and Barbecue event held on Labor Day weekend last year. She noted that her plans currently are to focus on St. Patrick's Day, Fourth of July and the Irish Festival. Discussion followed about Council's support of again sponsoring the "Bands, Bikes, Barbecue" event in view of the change of date for the event as well as the location. Mr. Strip offered that the Finance Committee could further discuss this issue and make a recommendation back to the full Council. There was no objection to this course of action. Council Comments Mr. Zawaly noted that he was not satisfied with the personnel evaluation form provided for the City Manager's performance evaluation. He does not believe it offers the opportunity to address all aspects of the evaluation. Mayor Campbell suggested that this be discussed in a brief executive session this evening. Mr. Kranstuber requested that Council members complete the evaluation form and return them to him by the end of the week. Mayor Campbell asked if there is consensus among four members of Council to bring the Caplestone Lane private street issue up and place it on a future Council agenda. He briefly summarized the background of this petition from the residents. Mr. Strip, Mrs. Boring, Mrs. Stillwell and Mayor Campbell indicated support of placing this on an agenda. Mrs. King emphasized that she was opposed to allowing the developer to make Caplestone Lane a private street at the time this was first brought before Council. Taxpayers should not bear the cost of bringing this up to standards for acceptance as a public street. This cost should have been borne by the developer. Mr. Zawaly cautioned that Council should proceed carefully because this could set a precedent for many similar cases in the City. Mr. Strip emphasized that the residents should be able to come to Council and discuss this issue - as their elected officials, the voters are entitled to discuss the issue with Council. ~ Mrs. Boring asked if the deed restrictions noted that the street was private. Mr. Randy Banks, 5560 Caplestone Lane responded that he was aware that it was a private road, but he did not understand the implications of a private versus public street. Mayor Campbell stated that this issue will be added to the Council agenda for January 23 under the "Other" portion. Mayor Campbell then initiated discussion of the process to be used for adoption of the five-year CIP. Ms. Grigsby emphasized that if Council is not prepared to adopt afive-year plan, she can bring some ongoing operational items to them separately. Some of the cash capital items, such as cruisers, must be purchased within deadlines imposed by the State of Ohio. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held January 9, 1995 19 ~ Following discussion, it was the consensus of Council that a special workshop session should be scheduled for further discussion of the CIP. This would be a Committee of the Whole meeting. Mayor Campbell concluded the work session, stating that further discussion of a date for this meeting would be held later in the evening. Mr. Strip expressed his displeasure with the change of date for the goal setting session from the previously scheduled Monday, January 16 to Saturday, January 21. Discussion followed. The work session was adjourned at 7:30 p.m. Mayor Campbell convened the regular Council meeting at 7:40 p.m. Roll Call Council members present were: Mrs. King, Mr. Strip, Mrs. Stillwell, Mayor Campbell, Mr. Kranstuber, Mr. Zawaly and Mrs. Boring. ~~Mrs: King led the~Pledge of Allegiance. Staff members present at the meeting included Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Ms. Fierce, Mr. Kindra, Ms. Jordan, Mr. McDaniel, Ms. Puskarcik, Chief Ferrell and Mr. Lenz. Approval of Minutes of December 19, 1994 Council Meeting Mr. Zawaly moved to approve the minutes of the December 19, 1994 Council meeting. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mayor Campbell, yes. Correspondence The clerk reported that there was no correspondence. Comments From Visitors Randy Bank. 5560 Canlestone Lane stated that he is an attorney with Bricker & Eckler. He addressed Council in regard to the Caplestone Lane private street issues. He emphasized three points: 1. Residents do not believe they were properly informed of the situation at the time they purchased their homes; 2. They are not asking for special favors, but merely want to be put in the same position as all other Dublin residents and taxpayers; and 3. They are not asking for any expenditure of money at this time, and hopefully this will not require a large expenditure in the future. He added that he does not believe Council would be setting a dangerous precedent because there are very few cases that are similar, i.e., asingle-family development with a private road. They do not want sidewalks, they do not want street lights -they merely do not want to own the road nor maintain it. Mayor Campbell responded that this issue will be addressed under the "Other" portion of the January 23 Council agenda. At that time, Council will determine whether or not they want to revisit the existing ordinance. Pat Fabrisi. 5575 Caplestone Lane addressed Council next. She stated that they purchased their home at a later date and few details about the "private" street were provided to buyers. She had interpreted private street to mean a closed loop, not connecting to other streets. She is pleased that Council has agreed to have a hearing on this issue at the next meeting. Rob Felty. 5557 Canlestone Lane stated that he is here to address Council as well as the high school students present this evening. He admitted that he is embarrassed because he was present at the time the developer came to Council requesting permission for a private street. The developer had indicated to prospective buyers that the street would have the appearance of a country lane without all of the required street signs on a public street and the trees would sustain less damage. He now understands that there are two sides to every story -the trees saved by the developer did not survive and the children who live on the street now have no sidewalk on which to play. He is now in the business of maintaining a road that he did not want to own. He is appreciative that Council is giving them the opportunity to hear all of the testimony on this issue at their next meeting. Tara Hare. Dublin High School student, addressed Council and described the positive experience of working in the City of Dublin under the school's pre-professional business administration program. She thanked City Council for providing the opportunity to mentor within the City of Dublin and RECORD OF PROCEED[NGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK O., F R Held January 9, 1995 19 acknowledged the efforts of her teacher, Mrs. Jane Ensign, in establishing and coordinating the program. Legislation Ordinance No. 117-94 - An Ordinance Accepting the Lowest and Best Bid for Dump Truck Bodies and Authorizing the City Manager to Execute a Contract Governing the Procurement of Said Equipment. (Third Reading) Mr. Hansley recommended adoption at this time. Vote on the ordinance - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Ordinance No. 119-94 - An Ordinance to Change the Name of Clavin Court to Glendon Court in the City of Dublin, Ohio. (Third Reading) Staff recommended adoption. There were no additional comments from Council. Vote on the ordinance - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Ordinance No. 122-94 - An Ordinance Establishing a Schedule of Fees and Charges for City Services. (Second Reading) Mr. Hansley commented that this represents the next step in the process of adopting the MSI study, setting the fees in line with the cost benefit analysis that was performed by the outside consultants. Staff recommends holding this over for a third reading at the next meeting. Ms. Grigsby stated that she has been in contact with a reporter from the Daily Re orter who has kept the development community apprised of the status of this legislation. There will be a third reading at the January 23 Council meeting. Ordinance No. 130-94(E) - An Ordinance Implementing Sections 3735.65 through 3735.70 of the Revised Code, Establishing and Describing the Boundaries of the Britton Parkway Community Reinvestment Area in the City of Dublin, Designating a Housing Officer to Administer the Program, and Creating a Community Reinvestment Housing Council and a Tax Incentive Review Council, and Declaring an Emergency. (Second Reading) Mr. Hansley recommended that this be held over for a third reading at the next meeting. Mr. Zawaly requested that staff provide at the next meeting a brief summary of the Community Reinvestment Area process from start to finish, and also provide information to differentiate between this and TIF legislation. Mr. Foegler responded that he would be happy to do so. He added that Council has not acted on any TIF's since the State law changed -all of the TIF's approved by Council were done under the previous statute. Thus, the comparison would be between the TIF's under the old statute and the new CRA. He will provide the information at the next roundtable session. Mrs. Boring asked that clarification be provided about whether an automatic abatement is provided to anyone coming into this district, or if each individual case is considered by Council. Ordinance No. 01-95 - An Ordinance Providing for a Change of Zoning of 0.98 Acres of Land Located on the North Side of Perimeter Loop Road, Approximately 500 Feet East of Avery Road, from: PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Crown Eurocars Parking Lot Expansion) (First Reading) (Applicant: Crown Eurocars, c/o Mark Daniels, Meacham & Apel, 5640 Frantz Road, Dublin, OH 43017) Mr. Kranstuber introduced the ordinance. Ms. Fierce stated that staff would recommend that this be held over for a public hearing at the next Council meeting. She explained that this was already reviewed by Planning Commission. Due to staff error, the ordinance did not have a first reading at Council prior to Planning Commission's review. Mrs. King asked if this error could result in a challenge to the rezoning at a later date. Mr. Smith responded that staff does not believe there is a problem as the Charter requires a recommendation of Planning Commission, but does not specify a formal ordinance referred by a formal process. There will be a public hearing at the January 23 Council meeting. Ordinance No. 02-95 - An Ordinance Approving a Municipal Income Tax Revenue Sharing Agreement Between the City of Dublin and the Dublin City School District, Authorizing the Execution of that Agreement, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Foegler provided background to Council on this item. He noted that a provision of the new tax legislation relating to all property tax incentives is one that requires revenue sharing of income tax RECORD OF PROCEEDINGS _ Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held January 9, 1995 19 with the school district. This draft represents staff's first attempt at drafting a revenue sharing agreement that meets the requirements of the statute. There are a number of issues related to this in terms of interpretations that are still under investigation. Staff will be meeting with school district representatives, and there may be modifications to the agreement proposed at the second reading. Brief discussion followed. There will be a second reading at the January 23 Council meeting. Ordinance No. 03-95 - An Ordinance Approving a Britton Parkway Community Reinvestment Area Agreement Between the City of Dublin and Duke Realty Limited Partnership, Authorizing Execution of that Agreement, and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. Mr. Foegler explained that the rules regarding revenue sharing agreements for a CRA require separate specific action by Council for each development within that CRA to be approved with a specific agreement. This ordinance provides a specific developer agreement for the speculative office building within the Britton Parkway CRA. There will ~be a second reading at the January 23 Council meeting. Resolution No. 01-95 - A Resolution Designating the City Manager to Act as the City's Official Representative and Authorizing the City to Enter into a Water Pollution Control Agreement with the Ohio Environmental Protection Agency, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Hansley explained that the grant application for the Ohio EPA low interest loan program requires an official action stating that he is the contractual officer for the City. Emergency action is requested because the applications are due this month. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. -w Mr. Strip seconded the motion. Vote on the motion -Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; ~ Mrs. King, yes; Mr. Strip, yes; Mr. Kranstuber, yes. Vote on the resolution -Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes. Resolution No. 02-95 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 21+/- Acres from Jerome Township, Union County to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the resolution. Mr. Hansley explained that this statement of services is required under state statute. It must be passed prior to the public hearing before the county commissioners. The Union County Commissioners have set a date of February 23 for the hearing, so there will be time for three readings before Council. Staff would request passage by emergency at the time of third reading. Mr. Foegler will provide a map prior to the next reading. Mr. Foegler provided clarification about the location of this parcel which is part of a rezoning already referred to Planning Commission known as the Starkey property, located south of Brand Road. Proposed development is for single-family with a density of 2 units per acre. There will be a second reading at the January 23 Council meeting. There was no action taken on previously tabled Ordinance No. 17-94. Other Mr. Zawaly reported that the Charter Review and Revision Commission is currently compiling a list of all of the issues identified for discussion by the Commission. They will be forwarding a letter to all of the commissioners as well as to Council members as to what the first round will address. He asked that Council members forward any issue of interest to him. Discussion followed about a date for a workshop session for the CIP. The meeting was set for Monday, January 16 from 7 to 9 p.m, in Council Chambers. Discussion followed about the upcoming interview process for board and commission appointments. It was the consensus of Council that it was not necessary that all members of Council be present for all of the interviews. Mr. Strip then moved that the process be referred to the Personnel Committee of Council. Mrs. King seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; . ~ RECORD OF PROCEEDINGS _ Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK Held January 9, 1995 19 Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. The Personnel Committee of Council agreed to meet at 7 p.m. on Tuesday, January 10 to review the applications on file and to set a date for interviews of prospective candidates. Mr. Zawaly invited Council members to attend the Parks and Recreation Advisory Committee meeting on Wednesday which will include a discussion of the open space/greenspace ordinance. Mrs. Stillwell reminded Council members that the final goal setting session will beheld on Saturday, January 21 from 9 a.m. until noon at the Dublin Chamber of Commerce. Mayor Campbell stated that an executive session has been requested to discuss legal and personnel matters. Mr. Strip moved to adjourn to executive session for personnel and legal matters. Mrs. Boring seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King; yes; Mr. Zawaly, yes; .Mr. Kranstuber, yes. Mayor Campbell announced that the meeting will not be reconvened following the executive session. The meeting was adjourned at 8:42 p.m. Mayor, ;residing O icer # Clerk of Council