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HomeMy WebLinkAbout01/23/1995 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Held January 23, 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 23, 1995. Staff/Council Comments Mr. Hanslev announced that he has been elected as Chair of the county-wide Emergency Management Association. This is the first time a suburban representative has been elected as Chair. Ms. Puskarcik provided an update on Fourth of July celebration plans. The City of Columbus has moved Red, White & Boom to July 3, and thus Dublin is making plans to adjust the date of the celebration in Dublin. Discussion followed about the pros and cons of moving the date to July 4 or Saturday, July 1. No final decision was made. Mayor Campbell commented that he would prefer to have individual cars for the St. Patrick's Day parade instead of a Council float. Ms. Puskarcik stated that a float has been reserved for Council, but convertibles can be obtained by calling the dealers the day before. Ms. Puskarcik provided an update on the Expo planned for Monday, January 30. She noted that there will be 25 booths sponsored by the City and organizations from the area. The exhibit area will open at 6:30 p.m., and the presentations will begin at 7:30 p.m. Three topics will be emphasized: the Community Plan, the Community Recreation Center, and the Capital Improvements Program. Council will take an active role in the presentation, with Mr. Strip introducing the CIP portion, Mrs. King the Community Plan portion, and Mr. Kranstuber the Community Recreation Center portion. Following brief discussion, it was determined that the Council members presentations on the 3 areas would be approximately 5 minutes. There will also be a brief question and answer period following the major presentations, and she invited all Council members to be involved with responding. The display area would be open for an additional half hour following the program. At this time, staff expects attendance of approximately 100 citizens. Mrs. Stillwell expressed thanks to Ms. Puskarcik for her efforts in implementing the Council initiated Expo program. Mr. Zawaly thanked the press for their excellent coverage of the upcoming event. Mr. Strip, Finance Committee responded to a recent comment about an item included in the Dublin Arts Council bed tax application -the country club event listed is actually a fundraiser for the DAC. Mrs. Stillwell reported that the Leadership Dublin program has been in the planning stages for the past year. At this time, the group is developing bylaws, program content and fundraising plans. She suggested that the group make a short presentation to City Council on the status of the development of the program. Mayor Campbell agreed that this would be appropriate, and suggested that they address Council under the "Comments from Visitors" portion of the agenda. He asked that Council be notified of when the group plans to come. Mr. Zawalv asked about the status of the bed tax application from Team Columbus. Following an update from Ms. Puskarcik, Mr. Strip suggested that the revised proposal from Team Columbus be sent to every member of Council because of the large amount of money involved. Council would then have the opportunity to study the possibility of a Labor Day event in addition to the bike event in June. Mayor Campbell noted that he had sent a fax to Mr. Hansley about an additional holiday for the City on Martin Luther King Day. He understands that there are a lot of personnel issues involved, and asked if any Council members have an objection to staff researching this and reporting back to Council. Following brief discussion, Mr. Hansley responded that a memo will be forwarded to Council from Mr. Harding addressing the contract issues involved with an additional holiday. Mayor Campbell thanked the City staff for the excellent job of snow removal over the past few days. Manor Campbell suggested that the ordinance involving boards and commissions on tonight's agenda be moved until after the Caplestone Lane issue since there will be an executive session required prior to action on the board and commission legislation. There was no objection from Council members. In regard to the draft resolution prepared for the restructuring of Council committees, he would suggest more definition of the roles of the various committees. He would also like to propose a new RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held January 23, 1995 19 i structure for the Council meeting process as an outgrowth of Saturday's discussion: he proposes to begin the meetings at 7 p.m. with an informal session for staff comments and staff reports. There would be no votes taken during this time period. The regular agenda would begin at 7:30 p.m., and the Council roundtable session would immediately follow the "Citizen Comments" portion of the agenda. The Council Committee reports would be at the end of the agenda, following the "Other" portion of the agenda. He suggested that Council members consider this proposal for later discussion this evening. Mrs. King reported that a Dublin citizen has forwarded an informational brochure to her regarding false fire alarms and their causes. She will provide a copy to the police and fire chiefs. She commended the city staff for the excellent snow removal efforts. Mr. Zawalv commented in regard to the committee restructuring that a detailed definition of the roles of various committees could later result in unanticipated limitations. He further suggested that staff be invited to comment on the proposed structure, especially the combination of Safety, Service and Parks and Recreation. Mayor Campbell commented that the draft is a good starting place, and he agrees that the Committee descriptions and functions should be more consistent in style. Ms. Crandall announced that the newly installed microphones are not operational at this time, but installation will be completed the week of January 30. Mr. Hanslev reported that plans are being finalized with. Warner Cable to make the community bulletin board operational. The work session was adjourned at 7:30 p.m. Mayor Campbell convened the regular Council meeting at 7:35 p.m. Roll all Council members present were: Mrs. King, Mr. Strip, Mrs. Stillwell, Mayor Campbell, Mr. Kranstuber, Mr. Zawaly and Mrs. Boring. Mrs. Stillwell led the Pledge of Allegiance. Staff members present at the meeting included Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Ms. Clarke, Mr. Kindra, Ms. Jordan, Mr. McDaniel, Ms. Puskarcik, Chief Ferrell and Mr. Lenz. Approval of Minutes of .Tanuary 9 1995 Council Meeting Mrs. King moved to approve the minutes of the January 9, 1995 Council meeting. Mrs. Boring seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. King, yes. Correspondence The clerk reported that a notice to legislative authority was sent from the Department of Liquor Control regarding a new D1 and D2 permit for Abner's Country Restaurant at 6860 Riverside Drive. She noted that the applicant could not be present this evening, but his wife has indicated they have plans to open a more upscale restaurant in this location and thus are seeking the permits. There was no objection from Council members to issuance of these permits. Comments From Visitors There were no comments from visitors. Legislation 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) (Public Hearing) (Applicant: Crown Eurocars, c/o Mark Daniels, Meacham & Apel, 5640 Frantz Road, Dublin, OH 43017) Registered as proponents of the rezoning were Mark Daniels, 5640 Frantz Road and John McDonald, 6400 Perimeter Loop Road. There were no registered opponents. Ms. Clarke gave a slide presentation of the proposed parking lot expansion, explaining that this addition would enable the car dealer to handle a new line of utility vehicles. Planning Commission recommended approval with 4 conditions: 1. That the composite and development plan for Perimeter Center be modified to indicate RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK O., Held January 23, 1995 1 9 changes in acreage; 2. That the parking along Mercedes Drive be discontinued by the opening of Perimeter Center or the completion of this lot, whichever comes first; 3. That the landscaping comply with Code and be subject to staff approval; 4. That this parcel be combined with the autodealership parcel which it will serve. She noted that, overall, the auto area for Perimeter Center will be increased by about one acre. Mrs. King expressed concern about the dealerships that park their cars over the sidewalks. Is this permissible? Ms. Clarke responded that this is a Code enforcement issue, and violations are sent when they are noted or reported. Mr. Strip asked what would be the outcome if this rezoning is not approved by Council. Ms. Clarke explained that without this additional parking space, the dealer would be unable to offer the new utility vehicle that Mercedes is now manufacturing. A brief discussion followed about the appropriateness of an auto dealership as a "gateway" to Dublin. John McDonald. President of Crown Motorcar, explained that the new sports utility line offered by Mercedes Benz will be awarded to only 200 dealers out of 360 nationwide. The new line will not be ready for two years. Mark Daniels, Meacham & Apel explained that extensive mounding and landscaping will be installed to screen the parking lot area. Mrs. Boring asked about the stormwater plans and whether the original plans will be modified. Mr. Daniels responded that stormwater management drawings have not been prepared to date for this portion of the property, but they will comply in all respects with the City of Dublin standards. There were no further questions. Mayor Campbell noted that a third reading of the ordinance will be held at the Monday, February 6 Council meeting. Ordinance No. 122-94 - An Ordinance Establishing a Schedule of Fees and Charges for City Services. (Third Reading) Mr. Hansley noted that a memo from Ms. Grigsby was included in the Council packets. Staff is recommending adoption at this time. Mrs. Stillwell stated that in the memo dated December 19, it was noted that issues were pending on street vacation review. Was this issue resolved? Ms. Grigsby responded that it was determined by the City attorney that there was no need to make a modification or amendment to this. Mrs. Stillwell asked for clarification about the annual review process by Council of the fees set by this ordinance. Ms. Grigsby responded that Council would go through the normal process of adopting an updated ordinance. If a new service is added, the ordinance would be amended. Mr. Zawaly asked about the rationale of the $120 fee for certificate of occupancy versus the $200 fee for a conditional occupancy certificate for 6 months. Mr. Lenz responded that a conditional certificate requires a tremendous amount of paper-tracking and the $200 fee is based on actual costs. The final certificate of occupancy concludes the building permit process. Mr. Zawaly had some additional concerns about several of the fee structures -false fire alarms (should escalate with each occurrence), video and audiotape reproductions (too low), homeowner contractor license (too high). Mr. Lenz provided background information about the homeowner contractor license fee. Mrs. Boring asked about the assessment of costs for Code violations. Mr. Smith explained that it would be unconstitutional to assess charges prior to the party being proven guilty. Mr. Smith further stated that the entire ordinance has been reviewed by legal staff and they are comfortable that it does conform with the Ohio Revised Code. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meetin DAYT N LEGAL BLANK CO. FORM N 1014 ' Held January 23, 1995 19 Mrs. King them moved to amend Ordinance 122-94 to incorporate the changes contained therein. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Vote on the ordinance - Mr. Strip, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mrs. King, yes. 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. (Third Reading) Mr. Hansley noted that staff is recommending adoption by emergency at this time. Mr. Zawaly commented that Council had previously requested a memo to explain the community reinvestment area process. Mr. Foegler responded that the memo was not complete at this time. He will provide this prior to the February meeting. Mrs. Boring indicated that she is uncomfortable with the language contained in Section 1 where it states that the area constitutes housing facilities or structures of historical significance. She does not understand why this language must be incorporated. Mr. Foegler responded that the statute requires that this language be included in the ordinance. It is taken directly from the Ohio Revised Code and is mandated to be a finding of this Council within this ordinance. c- Mrs. Stillwell asked about the three-year housing Council and whether the terms of members will end at the same time. Mr. Foegler responded that the terms will end at the same time. Mrs. Stillwell suggested that Section 11 be clarified to state "Ohio Director of Development" and that "revised code" be clarified as "Ohio Revised Code". Mr. Smith expressed some concern that Council may not have the latest draft version of the ordinance due to some of these inconsistencies. He suggested that Council hold this over until the next meeting to allow staff to clarify. Mr. Strip moved to table Ordinance No. 130-94 until the February 6 Council meeting. i Mr. Kranstuber seconded the motion. Vote on the motion -Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. Ordinance No. 02-95 - An Ordinance Approving a Municipal Income Tax Revenue Sharing II Agreement Between the City of Dublin and the Dublin City School District, Authorizing the Execution of that Agreement, and Declaring an Emergency. (Second Reading) Mr. Hansley suggested that this be held over for a third reading. Staff will be providing a memo to Council explaining the total incentive package. Mrs. King raised a concern about the process. She believes that the materials should be available to the public by the time of second reading to facilitate the public input process. She had hoped to have a copy of the latest version of the agreement brought before Council this evening. Mr. Foegler responded that this version is still undergoing final negotiations with the school district. The parameters of the agreement were communicated to Council by memo several weeks ago. The agreement has to be acted upon both by Council as well as the Board of Education. Staff is attempting to work within the timeframe of this development and, at the same time, put together a long-term agreement that deals with revenue sharing for this project as well as for future projects in the northeast quadrant of Tuttle Crossing. Mayor Campbell suggested that as soon as the new draft is available that it be made available to the public and to Council prior to the time of final vote. Mrs. Stillwell asked if property tax revenues go to the vocational schools. Mr. Foegler stated that they do, but under the statute, the vocational schools are a party to the notification, but not to the revenue sharing agreement. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK Held January 23, 1995 19 Mayor Campbell stated that there will be a third reading at the February 6 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. (Second Reading) Mr. Foegler stated that the memo to be provided to Council will address this ordinance as well. Mayor Campbell stated that there will be a third reading at the February 6 Council meeting. 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. (Second Reading) Mr. Hansley recommended that this be held over for a third reading. Staff will request emergency action at that time to comply with the Union County Commissioners' hearing date. He added that there is a problem with the closure on the map between the legal description provided and Dublin's map. For this reason, the map production has been delayed. Mr. Zawaly requested that a memo be provided to Council regarding how this proposed annexation conforms with Council's adopted interim annexation policy. Mr. Hansley responded that this will be provided prior to the third reading. Mayor Campbell stated that there will be a third reading at the February 6 Council meeting. Ordinance No. 04-95 - An Ordinance Providing for a Change in Zoning for 2.6871 Acres of Land Located on the Southeast Corner of Avery Road and Post Road from: LI, Limited Industrial District to: PCD, Planned Commerce District. (Ashland Oil Company - SuperAmerica) (First Reading) (Applicant: Ashland Oil Company c/o Jeffrey L. Brown, Smith & Hale, 37 W. Broad St., Suite 725, Columbus, Ohio 43215) - Mr. Zawaly introduced the ordinance. Mr. Hansley suggested that this be referred to Planning Commission for recommendation. Mr. Kranstuber asked for clarification of whether this area is included within the planned area for the Perimeter Center PCD. This service station is located too close to single family residences. A BP station has already been approved and planned for the Perimeter Center area. Therefore, he has no desire to refer this to Planning Commission. Ms. Clarke responded that this area was within the planned area, but not all of the property owners agreed to go along with the rezoning of Perimeter. The Jentgen, Klein and Snyder properties were not included in that rezoning. There was a question raised by Council Members Stillwell and Kranstuber about whether a gas station was a permitted use under the current Limited Industrial zoning. Mr. Hansley commented that this particular area is zoned Limited Industrial at the present time and added that there was a service station located here in the fairly recent past. Mrs. Stillwell noted that this seems to be adown-zoning. Council would have more control over this if it were a planned district rather than straight. She would advocate referring this to Planning Commission so that they could work to improve this to a planned residential district to protect the integrity of this corridor. She would like to see anon-commercial use along this gateway area. She added that many of the Post Road residents have communicated their displeasure to her about the possibility of a gas station on this corner. Mayor Campbell stated that at the very least, the applicant and Planning Commission should be aware that if a gas station is proposed, it should measure up to the standards for the station approved just to the south of this. Mr. Zawaly moved to refer this to Planning Commission. Mr. Strip seconded the motion. Vote on the motion -Mrs. Boring, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Kranstuber, no; Mr. Zawaly, yes. Mrs. Stillwell suggested that the meeting minutes from Council be sent to Planning Commission. Ordinance No. OS-95 An Ordinance to Accept an Annexation of 2.685+/- Acres in Washington Township, Franklin County to the City of Dublin, Ohio (Schneider Property). (First Reading) (Applicant: Christopher T. Cline, agent for the Petitioner, Marjory R. Schneider, 5775 Dublin Road, Dublin, Ohio 43017) Mrs. King introduced the ordinance. Mr. Hansley stated that this ordinance accepts an annexation recently approved by Franklin County Commissioners. The area is located immediately west of Dublin Road. Mrs. King had previously RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meetin DAYTON LEGAL BLANK CO. FORM NO. 1014 Held January 23, 1995 19 raised an issue with Mr. Cline regarding enlargement of the petition area. Due to the fact that the adjacent property owner never made the sewer hook-up, the petition has not been amended. Staff is recommending acceptance of this annexation because of Council's goal to annex the island areas of township. Mr. Zawaly asked that a map and staff recommendation report be provided at the time of second reading. Mrs. King asked that Mr. Hansley independently verify the information about the adjacent property owner's sewerage situation to ensure that the environmental hazard identified in 1989 with the septic system has been corrected. In response to Mr. Strip's question, Mr. Hansley provided a brief history of the situation which involved the adjacent property in 1989. Mr. Hansley further stated that he will verify the information provided by Mr. Cline about the sewer hook-up prior to the next reading. Ordinance No. 06-95 - An Ordinance to Authorize the City Manager to Enter into a Mutual Aid Agreement with Delaware County for Police Protection, Including Police Manpower and Equipment, and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. Mr. Hansley commented that this mutual aid agreement is identical to the agreements in place with Franklin and Union counties. During the accreditation process, it was noted that this informal arrangement with Delaware county should be formalized. Staff is recommending adoption by emergency due to the public safety issues involved. Mr. Strip asked if liability insurance coverage would be in effect for Dublin officers responding to K, another jurisdiction. Mr. Hansley responded that the agreement is drafted to include this language. Under state statute, there is an automatic extension of workers' compensation protection and liability in the absence of such an agreement. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes. Vote on the ordinance - Mr. Strip, yes; Mr. Zawalay, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes. Mayor Campbell noted that Ordinance No. 07-95 will be held until after Council adjourns to an executive session for discussion of appointments for the boards and commissions. Council will then reconvene to consider Ordinance 07-95. II There was no action taken on previously tabled Ordinance No. 17-94. i OTHER Petition of Woods of Dublinshire Homeowners Association for Acce tance of Ca lestone Lane as a Public Street Mayor Campbell announced that four speakers have signed in to provide testimony regarding this petition: Rob Felty, 5557 Caplestone Lane; David Ulstad, 5556 Caplestone Lane; Randy Bank, 5560 Caplestone Lane; and Pat Fabrisi, 5575 Caplestone Lane. Mr. Kranstuber noted that he is withdrawing from participation in the hearings since he is an affected resident. Mayor Campbell provided background on the petition sent to Council, emphasizing that the residents do not wish to pursue the formal process to convert this street as prescribed under Ordinance No. 65-90. The residents are asking that Council consider this as a hardship situation. He emphasized that four members of Council would have to indicate a willingness to consider making a change to the present ordinance. Mr. Strip commented that he would support giving the residents the time to make their case before ii RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK Held January 23, 1995 19 Council. Council can then decide whether or not to amend the ordinance. He believes Council should not stay silent on the issue, but should take some action. . Randy Bank stated that tonight's presentation by the residents will be in four parts. Rob Feltv. 5557 Caylestone Lane stated that: 1. The residents do not wish to own their street as they are unsure of their ability to maintain the street, both technically and financially. 2. Council created this situation through an arrangement made with the developer. Council members were uncomfortable with the arrangement at that time, as evidenced in the minutes from the meetings. 3. The homeowners were prevented from returning to Council by a provision buried in the deed restrictions. 4. It is not good for homeowners to own city streets, and it's not good for developers to build streets that connect residential areas which do not meet all of the standards of the city. 5. This street represents a very small percentage of all of the streets in Dublin and would not be a financial burden on the city. 6. The residents are hoping to find a compromise arrangement so that they will not have to own this street. 7. The builder only told them of the benefits of living on a private street and not of the disadvantages. Mayor Campbell noted that the homeowners association was in receipt of a memo from the city engineer outlining the procedure under the present ordinance for conversion of a private street to a public street, including six items which must be satisfied -street width, curb and gutter, pavement thickness and strength, sidewalk installation, dedication by plat, and traffic control devices which , meet city standards. It is his understanding that the association has decided not to meet the requirements as outlined under the existing ordinance. Mr. Felty confirmed that this is correct. Mayor Campbell asked if the city engineer had provided a list of private streets within the City of Dublin to the association. Mr. Felty confirmed that he has received the list, noting that 1.5 miles of roads within the city are similar to Caplestone Lane. The other private streets are in condominium developments where homeowners would have different expectations. Mr. Strip asked Mr. Felty to describe how the expectations would be different. Mr. Felty responded that the condominium fees are paid to maintain the common areas of the complex which would include the road. Mr. Strip asked about which items from the list the homeowners association is willing to do to convert the street to public. Mr. Felty responded that they are willing to do what is feasible. They do not need sidewalks since their neighborhood does not connect with any other neighborhood. Mr. Strip expressed concern that future homeowners on the street could return to Council to petition for sidewalks for the area. Mayor Campbell asked Mr. Felty if he had understood the implications of buying on a private street. Mr. Felty responded that he was aware that the street would be private, but did not know about the negative aspects of owning a private street. He also was not aware that the trees the developer was _ claiming to save with the private streets would not survive. Mr. Zawaly asked if Mr. Felty was speaking on behalf of others when Mr. Felty stated that the fact that it was a private street was buried in the deed restrictions, since Mr. Felty was aware of the private street designation. Mr. Felty responded that the deed restriction contains some language about a provision imposed by Council that the street cannot be a public street in the future. He was told that making this a private street was the only way to have the street built in a reasonable amount of time to ensure occupancy of the houses at a reasonable date. Mr. Felty confirmed that the deed restriction document being referred to is entitled, "Amended Declaration of Covenants, Easements, Restrictions and Assessment Liens for Turnbury Section 1 in the Woods of Dublinshire." RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK Held January 23, 1995 1:9 Mrs. King commented that she appreciates Mr. Felty's honesty in stating that he was present at Council when this arrangement was first made with the developer. She is deeply disturbed, however, by his comment that the private street proposal was essentially a 'ruse' to speed up the project and avoid the requirements of the City Code. Mr. Felty added that this project was a nightmare from the beginning due to a bankruptcy situation with Newtowne. The deed restrictions were not provided prior to closing, and the fact that this was a private street was listed in an obscure section of the restrictions. Mr. Zawaly noted that the section regarding private streets is listed in Section 3, page 3 under the "Common Areas" portion of the deed restrictions. It was not included in an obscure section. Mayor Campbell emphasized that one of the conditions imposed by Council was that a notation be included on the plat that this was a private street which will be maintained privately, and that the City will not accept it as a dedicated street in the future. He asked Mr. Felty what additional action could have been taken by Council to ensure that buyers were aware of this. Mr. Felty responded that the deed restrictions were not given to them in any timely fashion. Mrs. Boring stated that the deed restrictions do specify architectural control and design standards, and she assumes that this information was conveyed to the buyers in regard to their home design, driveways, mailboxes, etc. Mr. Felty responded that he never received the deed restrictions until closing, and they were provided in a packet. Mr. Felty continued on to state that most of the buyers' information was conveyed to them by the builder. He was not aware that the street would not be inspected. They were told that it would be a faster process to have a private street, as City standards could be bypassed. He believes that many buyers were misled. Mr. Strip stated that the cost of the lots would have been higher if City standards would have been met for public streets. Mr. Felty responded that the price of their lots is consistent with those in Abbey Glen being constructed by Yocca Builders. He does not believe the Caplestone Lane residents received a price break. Mr. Felty continued his testimony, making the following points: 1. They feel it would not be a burden for Council to revisit the City ordinance in question. Most of the other similar regulations in the City have a hardship provision included. 2. Council has a concern about creating a dangerous precedent for the City with this issue. The other private single-family residence streets are in Muirfield and the residents want them to stay private. These areas have gated and secured entry points. The only private street not in Muirfield which is single-family residential is Deer Run. This is another upscale neighborhood whose residents desire a private street. Therefore, the residents of the other single-family residential private streets will not be coming to Council to petition to have their streets made public since they want their streets to remain private. 3. The private streets in condominium areas have a very different circumstance than Caplestone Lane. 4. Hardship cases are reviewed on a case by case basis, and the uniqueness of this situation would make it unlikely to be repeated in the future. 5. The cost of making this street public would be a relatively small amount to the City. Mr. Strip asked Mr. Felty if the buyers dealt with Newtowne or with the builder. Mr. Felty responded that the buyers relied upon the builder -they dealt solely with the builder and not with Newtowne Development. Mr. Felty added that the residents are unable to file a civil lawsuit against the parties since the deed restrictions make reference to the private street. The residents believe a civil remedy would not be effective in this situation because of the lack of resources to bring such a suit; the difficulty in establishing damages; and because a civil suit will not provide the remedy being sought by the residents. David Ulstad. 5556 Caplestone Lane stated that he is a professional engineer and the treasurer of the Woods of Dublinshire Homeowners Association. 1. He noted that the neighbors enjoy the character of the area and do not want sidewalks, street lights or some of the other amenities found on public streets. They simply do not want to RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL B NK Held January 23, 1995 19 be burdened with maintenance and care of the street. 2. Caplestone Lane is a lightly traveled road and was built fairly close to City standards, therefore it would not be a burden for the City to take over this street. 3. There is no one in the neighborhood who has experience or contact with road maintenance companies. There is concern about obtaining consensus from the residents about maintenance issues. 4. There is total consensus among the residents about turning the street over to the City. 5. They are willing to share in the cost of repairing the apron area in the entryway to the subdivision and are hoping to work out an agreement with the City to make the road public. Mrs. Boring asked what the Association agrees to do on the list of items recommended by the city engineer. Mr. Ulstad responded that he is not familiar with the list. Mr. Bank responded that the Association does not want to do these items and does not want the City to do these either. Mr. Strip stated that the front area is in need of immediate repair. Is the Association willing to make a total repair? Mr. Bank stated that as far as he knows they can afford to make this repair. They have been told that it would cost approximately $6,000 and they are willing to expend this amount for the repair. Mr. Bank further stated that they will stipulate that they will never return to Council to ask for sidewalks. Pat Fabrisi. 5575 Caplestone Lane stated that she is the community liaison within the neighborhood. She distributed a petition to Council with all of the residents' signatures requesting that the street be made public. 1. She noted that she moved to Dublin from Shaker Heights and described the similarities of the two communities -high quality, excellent schools, good planning. 2. She was accustomed to a rigorous inspection service provided by Shaker Heights and was therefore surprised to find that their street in Dublin had never undergone an inspection. 3. She acknowledged that a combination of factors created the situation that now exists. 4. She understands that there is no mechanism for the City to take this road back as a public street, but she is hopeful that Council will do so. 5. They are willing to work as an Association to try to come up with a creative solution. They believe that Caplestone Lane is a unique enough situation that it could be considered a hardship case. There were no further comments from Council members. Mayor Campbell stated that Council would take this under advisement. Mayor Campbell invited other residents who were present to come forward and state their name for the record. The following did so: Bill Sexton, 5540 Caplestone Lane; Todd Still, 5580 Caplestone Lane; James Arnold, 5511 Caplestone Lane; J. Delaney, 5595 Caplestone Lane, Jeff Delaney, 5595 Caplestone Lane; Mike Raymond, 5519 Caplestone Lane; Craig Ramsey, 5528 Caplestone Lane. Mayor Campbell thanked them for their courtesy in their presentations. Council will take this under advisement. At this time, Mr. Kranstuber returned to the meeting. Mrs. Stillwell moved to adjourn to executive session at 10:00 p.m. for personnel purposes (board and commission appointment discussion). Mrs. King seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Boring, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. Mayor Campbell reconvened the meeting at 10:25 p.m. Ordinance No. 07-95 - An Ordinance Appointing Members to the Various Boards, Commissions, and Committees of the City of Dublin, Ohio, and Declaring an Emergency. (First Reading) Mrs. Stillwell introduced the ordinance. Mayor Campbell announced that the following information will be inserted in the blanks provided in the draft ordinance: RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK i Held January 23, 1995 19 i ection 1. Marilyn E. Baker is hereby appointed to a three-year term for the Parks and Recreation Advisory Committee, as a citizen representative, and Kip Witchey is appointed to a one-year term on the Parks and Recreation Advisory Committee as Dublin Schools representative. Section 2. Kerry Donahue is appointed to a three-year term on Architectural Review Board as an Old Dublin Business Owner representative. Section 3. Ruth Meeker Reiss is hereby appointed to a three-year term on the Tree and Landscape Advisory Commission. Section 4. Alvin Anthony Borromeo is hereby appointed to a three-year term on the Cemetery Commission, and Richard Ferguson is hereby appointed to the Cemetery Commission to serve the unexpired term of James Sprague, said term expiring on December 31, 1996. Section 5. Colleen A Pero is hereby appointed to a three-year term on the Personnel Board of Review. Section 6. Kathleen B. Schuler is hereby appointed as a citizen representative to the Solid Waste Advisory Committee. He noted that Council will delay the other appointment for the small business representative to the Solid Waste Advisory Committee and the appointment of a representative to the Dublin Fund until a later date. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes. Vote on the Ordinance -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Strip, yes. Committee Reports Mr. Zawaly noted that there is a Charter Review and Revision Commission meeting tomorrow at 7 p.m. Mrs. Stillwell suggested that Council adopt Mayor Campbell's earlier proposal to begin the next Council meeting with an informal staff comment session at 7 p.m., with the regular meeting following at 7:30 p.m. Following brief discussion, it was the consensus of Council to have staff comments from 7 to 7:30 p.m., with Council Roundtable following the Citizen Comments portion of the agenda. Mrs. King urged anyone who has a specific recommendation regarding Caplestone Lane to circulate it to the other members of Council prior to further discussion. Brief discussion followed about the evaluation process for Mr. Hansley. Mr. Strip moved to adjourn to executive session to further discuss the city manager's evaluation. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Mayor Campbell announced that the meeting will not be reconvened following the executive session. The meeting was adjourned at 10:35 p.m. Mayor:, Presidin Officer Clerk of Council