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HomeMy WebLinkAbout02/06/1995 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meetin AL BLANK 00. FORM NO. 1 14 Held February 6, 1995 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Joel Campbell at 7:00 p.m. on Monday, February 6, 1995. Staff Comments Mr. Hanslev commented that: 1. The installation of the new sound system for Council Chambers has now been completed. 2. The City has reached a tentative agreement with the Xoggz and Soccer First to have the Xoggz games played on the Soccer First outdoor fields. Dublin will provide bleachers and restrooms, and the parking will be provided by Sports Ohio. The agreement will allow the team to continue to play home games in Dublin for the next four years. In years two through five, the City will receive a portion of the receipts at the gate. Mr. Foeg1 1. Introduced Mary Bearden, the City's new economic development coordinator. He noted that she is working on a program with the. local Chamber of Commerce, The Ohio State University Cooperative Extension Program and the Ohio Department of Development to formally structure a retention and expansion program. He distributed a hand-out to Council regarding the program. 2. Provided a brief explanation of emergency legislation on tonight's agenda related to purchase of a replacement file server for the Department of Development. Mr. Kindra: 1. Announced that the sewer construction and storm sewer crossing of Riverside Drive in conjunction with the Hard Road construction will require partial closing of Riverside Drive for two weeks. Staff will be providing Council and the media more details at the time of the projected closing. 2. Responded to Mrs. Boring's question regarding the time frames for the Hard Road extension, stating that this project is not being done by the City but by a private developer and thus he cannot comment on the timeliness of the project. Staff has worked to facilitate communication between the school district and the developer. Mr. Foegler confirmed that the City is not in any manner delaying the school construction. Ms. Jordan: 1. Reported that the program revenues for Parks and Recreation have increased during January due to greater participation by residents and due to the wide range of programs made available through the efforts of the new Parks staff members. 2. Responded to Mr. Kranstuber's question about preliminary indications for the Community i Center bid opening on 2/24/95 stating that the architects have told her that many companies have picked up bids, including some of the companies who submitted bids previously. Ms. Puskarcik: 1. Noted that the Fourth of July celebration is now scheduled to take place on the fourth. ~ 2. Reported briefly on the feedback surveys from the Dublin Expo, stating that response was overall very positive. The number one concern about Dublin identified by participants was ~ traffic congestion, and the primary safety issue was speeding in neighborhoods. She will provide a complete report to Council on the Expo. Mr. Kranstuber suggested that the report include the total cost of the Expo. 3. Introduced Emma Sonora, new Communications Specialist who coordinated the Expo event. Discussion followed, initiated by Mr. Hansley, about the amount of money spent on the Expo to reach a small portion of the population versus City mailings which target many more households. He confirmed that staff will provide Council with the written evaluation forms and the costs associated with the event. He noted that there are indirect costs of the event in terms of the loss of services which could be spent on other projects. Mr. Zawaly asked that the original survey forms be retained so that he could review them in addition to any summary report provided by staff. Mr. Strip and Mayor Campbell suggested that perhaps the event take place every other year. Mrs. Stillwell suggested that Ms. Puskarcik include in the report feedback from civic associations about why they did or did not attend the event. She commended Ms. Puskarcik and Ms. Sonora and the rest of staff for their hard work on the event. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meetin E AL BLANK CO. F RM NO. 1014 Held February 6, 1995 19 Mr. Lenz reported that the fifth annual Contractors' Breakfast will beheld on Wednesday, February 22 at 7:30 a.m. and invited Council members to attend. Mr. Smith introduced Virginia Benjamin, special bond counsel to the City who will be making a presentation later this evening. Mr. Strip reported that applicants for hotel/motel tax funds were notified that the recommendations would be brought to Council this evening under Committee reports. The staff comments portion of the meeting was adjourned at 7:25 p.m. The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Joel Campbell at 7:30 p.m. Mrs. Stillwell led the Pledge of Allegiance. Roll Call Council members present were: Mrs. Stillwell, Mrs. Boring, Mrs. King, Mr. Strip, Mr. Kranstuber, Mr. Zawaly, and Mayor Campbell. 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. Anuroval of Minutes of .Tanuary 23 1995 Council Meeting Mrs. Stillwell noted that on page 5 under Ordinance No. 04-95, she recalls raising a question about whether the service station was an approved use in a Limited Industrial district. This statement should have preceded her other comments. Mr. Kranstuber stated that he has the same recollection, and that he thought that staff had responded that this was an approved use in an LI district. ,r Mayor Campbell suggested that for purposes of the record that the minutes be amended to state that a question was raised about whether a gas station would be a permitted use under the current LI zoning. He then asked Ms. Clarke to provide further clarification. Ms. Clarke explained that a gas station is not a permitted use under the current zoning, nor is any other kind of retail use permitted -this is a limited industrial district which includes warehousing and manufacturing. An office use would be a conditional use in a Limited Industrial zoned district. Mr. Kranstuber further commented that he does not think a gas station is appropriate in terms of land use. Mrs. Boring moved to approve the minutes as amended. ~ Mr. Strip seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes. Correspondence The clerk reported that a notice to legislative authority was sent to Council regarding transfer of DS ~ and D6 permits from Continental Sawmill, Inc., 6665 Dublin Center Drive to the Santa Fe Steakhouse. The attorney representing the applicant, Nate Gordon, is present this evening to answer any questions. There was no objection from Council about the transfer of these permits. Mrs. Stillwell thanked Mr. Gordon for the letter of explanation provided and suggested that this letter of explanation become a standard operating procedure for this process in the future. Comments From Visitors There were no comments from visitors. Council Roundtable Mrs. Boring: 1. Announced that on Wednesday, March 8 the Parks and Recreation Advisory Committee will host an educational session regarding the Hopewell Indian Mounds. Nationally recognized experts from OSU will participate in the session which begins at 7:30 p.m, in Council Chambers. 2. Asked about the status of the Caplestone Lane issue and what Council's plans were in this regard. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meetin DAYf N LEGAL BLANK CO., F RM N 1 Held February 6, 1995 19 Mayor Campbell responded that he had suggested that any Council member who has a proposal for resolution circulate their suggestion to the other members for discussion at a future Council meeting. A Council member would have to introduce an amendment to the previous ordinance to provide for a hardship to be considered and a determination would then have to be made about whether this situation would be a hardship. Mr. Smith concurred, noting that the first step would be for a Council member to introduce legislation to set up the hardship appeal process. Mrs. Stillwell announced that she and Mike Porter from the City of Worthington will appear on Channel 3 with Sharon Kornegay fora 15 minute segment on the I-270 widening. Mayor Campbell thanked the staff for the wonderful job of snow removal and for the excellent memo regarding the Martin Luther King holiday issue. The cost of an additional holiday would be about $22,000 as outlined in the memo. Discussion followed about whether to add a holiday or switch a current holiday or personal day for Martin Luther King Day. Mr. Hansley noted that the primary issue would be with the bargaining unit since changes cannot be made until the next negotiation period a year from now. Mrs. King thanked staff for the timely memo. She would suggest possibly trading the holiday with Columbus Day and proposed that staff be surveyed regarding their preference. Mayor Campbell asked that staff consider the alternatives and if they have a preference this should be communicated to Council before a decision is made. Legislation Ordinance No. 106-94 - An Ordinance Providing for a Change of Zoning of 6.539 Acres of Land Located on the Southwest Corner of Dublin-Bellepoint Road and Brandonway Drive from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (Bellepoint Place/Cavanagh Property) (Public Hearing) (Applicant: Jim Brundage, 682 Paddlewheel Dr., Westerville, Ohio 43082; Robert P. & Marilyn M Cavanagh, owners) Registered as proponents of the rezoning were Roger Vogel, 6668 David Road, Dublin and Jim Brundage, 682 Paddlewheel, Westerville, Ohio. Ms. Clarke gave a slide presentation of the site and surrounding area, noting that abutting the 6-acre site is the location for a future Dublin elementary school and a woods which is part of the parks system. The proposed area will have 13 lots with an access point through Brandonway Drive. There will be no curb cuts along this section of Dublin Road. The proposed density is 2.18 units per acre and 1-1/4 acres is set aside for stormwater detention. She noted that there is an error in the staff report where it cites the parkland dedication as .5 acres - it should be .8 acres and the appropriate parkland fees should be $30,700 instead of $18,825. The Parks Director recommends ~I that fees be required in lieu of parkland dedication since the reserves being set aside are not appropriate for dedication as parkland and would be difficult to maintain. The Planning Commission recommended approval in January of this rezoning application with ten j conditions: 1. That the applicant amend the Brandon Section 4 Final Plat to permit the entry feature and public street through Reserve D; 2. That the applicant dedicate 40 feet of right-of--way along Dublin-Bellepoint Road; 3. That a park fee of $18,825.60 be paid by the applicant at the time of final platting; 4. That no vehicular access be permitted onto Dublin Road and that the existing driveway be removed; 5. That the name of the cul-de-sac be changed to Bellepoint Place Court; 6. That the stormwater retention basin be designed to the satisfaction of the City Engineer; 7. That the applicant submit a revised development text meeting the conditions of approval subject to Staff review and approval before Council action; 8. That the applicant submit a detailed tree preservation plan that shows existing trees on site, and how trees will be protected during all phases of construction; 9. That the applicant submit a landscape plan for reserve D along the north border of the site with the preliminary plat; and 10. That the tree row along the west border of the site be installed with construction of the street. Ii RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meetin DAYT N LEGAL BLANK CO., FORM NO. 1 Held February 6, 1995 19 Ms. Clarke added that the Planning Commission expressed concern about the appearance of a dry basin along Dublin Road, so they would like to include a wet basin which the applicant has agreed to do. Mr. Strip asked if there is a bike path there now along 745. Ms. Clarke responded that it runs north of this site and crosses over at Brandonway. This would be an appropriate way for the bike path to run down Dublin Road and would be addressed at the time of preliminary platting. She added that it would be good to put the applicant on notice that the community plan does call for a bike path for that area. ' Mr. Strip added that completion of the bike paths is a high priority of Council and it would be a real benefit to the people buying these homes. Mr. Strip then moved that a bike path be added as a condition of the rezoning, the exact terms of which would be worked out by staff. Mrs. Boring seconded the motion. Mr. Zawaly asked staff for a master plan showing the desirable bikeway system for the City. Mrs. King responded that she has one which she will share. Ms. Clarke clarified that in the 1988 community plan, a bike path is indicated on Dublin Road, but it does not specify which side of the street. As the Plan is updated, these improvements will be noted more specifically. Mr. Foegler added that staff had committed during the goal setting process this year to provide a document sometime this spring showing the bike way system as it exists today and the gaps. Mayor Campbell requested that a vote on the motion be delayed until after the staff and applicant's presentations were completed. Mrs. Boring asked about the status of a water line being brought to the Berean Church. Mr. Foegler responded that issues of public improvements such as this are typically addressed at the preliminary platting stage. Robert Cavanagh, 7591 Dublin Road owner of the property, stated that he is present this evening but Mr. Brundage will answer any questions. Ro er Vogel, 6668 David Road, stated that he is Pastor of the Berean Church. The church has been at this location for 20 years with no utilities which has caused some problems. Any assistance from Council in getting utilities extended would be much appreciated. ~ Jim Brundage, 682 Paddlewheel Westerville, Ohio 43082 the developer of the property stated that he agrees with all the conditions, including the bike path discussed this evening. He is willing to grant easements, ideally across the edge of the retention pond, to assist the church in getting utilities. Vote on the motion regarding the bike path -Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr, Zawaly, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. King, yes. ~I Mr. Zawaly then moved to amend condition number three, so that a park fee consistent with the Dublin ordinance be paid by the applicant at the time of final platting. Mrs. Boring seconded the motion. Mr. Zawaly emphasized that the language included in a condition such as this should not specify a specific number but rather make reference to the ordinance. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes. Mayor Campbell summarized that the third condition has been amended and a condition has been added regarding the bike path. The applicant has agreed to all of the conditions. Ordinance No. 127-94 - An Ordinance Providing for a Change of Zoning of 18.470 Acres of Land Located Between Perimeter Drive and Perimeter Loop Road, from: PCD, Planned Commerce District to: Planned Commerce District. (Perimeter Center - Subarea F -Revised Composite Plan and Development Text) (Public Hearing) (Mark Pottschmidt, Continental Real Estate, 150 E. Broad Street, Columbus, OH 43215). Registered as a proponent was Mark Pottschmidt, 150 E. Broad Street. There were no registered RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meetin N GAL BLANK CO. FORM NO. 1014 Held February 6, 1995 19 opponents. Ms. Clarke stated that the text has been revised to increase the overall size of the center up to 176,500 square feet due to an increase in the grocery store area to 85,000 square feet. The rest of the text is exactly the same. She showed slides of the proposed development. Planning Commission reviewed this in January and recommended approval with three conditions: 1. That the City's parking code be fully met in all future phases of the retail center; 2. That the applicant submit a revised development text for staff review and approval before Council action; 3. That the detailed landscape plan for the mounded screening along the retail's center be submitted for staff review and approval before applying for a building permit for the retail center. She noted that the finalized development plan has already been reviewed by Planning Commission. She added that a previous approval had been given for a Center of 250,000 square feet and the final approval for the revised text would be 176,500 square feet. The property behind this center will remain zoned as flex office space. Mr. Strip expressed concern about the sign posted at this location denoting "Big Bear Center" instead of "Perimeter Center". Mrs. King asked about the large variety of colors shown in the slide presented. Ms. Clarke responded that there is a variety of colors but they are all muted -forest green, a burnt red, navy blue and two additional colors, including purple. All the colors have a very low chrome. Mrs. King recalls approving a color palette including only red and green. She asked for clarification. Ms. Clarke responded that the application presented had at least four colors -purple, green, dark red and blue. Since that time, black has been added. Mark Pottschmidt, 150 E. Broad Street stated that he represents Continental Real Estate. With him this evening are representatives from Big Bear and Smith & Hale. He noted that the expansion proposed is to the rear of the Big Bear that was previously approved by Council. A market study performed indicated the desirability of a cappuccino bar and they have also added a mezzanine area. He noted that the traffic light cost sharing issue was also raised with the Planning Commission and should be considered by City Council. Mr. Foegler noted that the traffic signal is included as part of the capital improvements budget and will be considered by Council on February 13. Mr. Foegler then provided background to Council about this issue which was associated with the commitment for public improvements for the Perimeter Mall. One item not required and stipulated as part of that initial rezoning was the traffic signal at Perimeter Loop and Avery which is the southernmost entry into this development. The developer expressed a willingness to contribute 50 percent of the cost of the improvement if the City would include this improvement in the 1995 capital budget. Staff has recommended such an action in the capital budget for 1995. Staff believes this is a cost effective way to provide a signal that will be needed in a case where the record does ~ not indicate any obligation for the developer to perform. i Mr. Strip stated that a signal would not be needed in this area but for the Perimeter Center. The ~j signal will ease traffic going into and out of the developer's center and the developer could amortize this cost in the rental costs assessed. He asked for the developer's response. Mr. Pottschmidt responded that he would have to check with Mr. Kass. He added that Mr. McKitrick, a partner in the investment, has paid a large sum of money "up front" and Dublin has been enjoying the benefits of those improvements for some time while the developer has seen little return. Mr. Strip emphasized that the Center is not the one which Council bargained for during the negotiations of the rezoning several years ago with a different developer. He believes that the City is giving up a lot more and getting a lot less than what was originally bargained for with this rezoning. Mr. Kranstuber stated that he would like additional clarification about the approved color palette for the Center. He does not recall Council approving additional colors. Mrs. King stated that her review of previous discussions in the Council minutes shows that black, dark green and maroon were the approved colors for the Center. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meetin N LE AL BLANK 00. FORM NO. 1 1 Held February 6, 1995 19 Ms. Clarke responded that in terms of the color palette, they started with Perimeter Center, Subarea E to be constructed along Avery Road -that palette of trim colors included a navy blue, a dark green, and a burnt red. The boards presented at Council and Planning Commission included the three colors from the Perimeter Center plus purple. The staff and Planning Commission recommended deletion of the additional colors of sapphire and pale yellow and recommended the addition of black. While there may have been discussion of green and maroon, the boards presented included all of those colors. Mr. Kranstuber asked if Planning Commission did in fact eliminate those colors? Ms. Clarke responded that the Planning Commission voted not to include the additional colors that were inconsistent with the previously approved palette of colors. Discussion continued, and the conclusion was that between now and the next meeting, the applicant should meet with staff, determine what was previously approved, and if there is any request for a deviation, this should be communicated to Council prior to the third reading. Mr. Zawaly requested that minutes be provided from the December 8 Planning Commission meeting wherein there was a full discussion about the color palettes. Mrs. King asked whether any portion of the proposed storage area would be visible from the front of the building. Ms. Clarke responded that some goods will be visible from the front -goods that are not pre- packaged such as plants, tree plantings, etc. Mr. Pottschmidt then further described the garden center and storage areas. He added that there will be a 14-foot screen at the entire back of the Center. There were no registered opponents. Mayor Campbell requested that the information requested be provided to Council prior to the third reading in February. Ordinance No. 130-94(Amended) - An Ordinance Implementing Sections 3735.65 through 3735.70 of the Ohio 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. (Previously Tabled) Mr. Foegler noted that information was provided to Council in the packet per their request highlighting key information relating to the statutory changes affecting community reinvestment areas i as well as tax increment financing. Staff will request that two related ordinances be tabled this evening to allow for some fine-tuning of the agreements. The community reinvestment area should be in effect and adopted and approved by the state prior to legislative action regarding the developer agreements pursuant to the CRA. i~ Virginia Benjamin, special bond counsel, Calfee, Halter & Griswold, Cleveland, Ohio offered to answer any questions from Council members. i i Mr. Kranstuber moved to take Ordinance 130-94 from the table. Mr. Strip seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Mayor Campbell asked if the amended ordinance complies in all respects with what is required under State code as well as with previous ordinances passed by Council. Ms. Benjamin responded that the ordinance does comply with the requirements of the Ohio Revised Code for establishing a community reinvestment area under House Bill 19 which was effective in July of 1994. She noted that changes requested by Council have been incorporated, i.e., adding "Ohio" to revised code and "Ohio" to Director of Development. After discussions with Mr. Foegler and the developer who is considering locating in the CRA, they eliminated references to a minimum square footage for a building within the area to qualify for the CRA status. Mr. Zawaly expressed concern about the language regarding the requirement of a statement of finding that the area included in the description is one "in which housing facilities or structures of historical significance are located and new housing construction and repair of existing facilities or structures are discouraged." He understands the need to comply with state statute with appropriate RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meetin DAYT N LEGAL BLANK O. FORM N 1 Held Februazy 6, 1995 19 language, but what measures has the City taken to make sure that the language is being used appropriately? Secondly, what would be the ultimate penalty for using the language inappropriately or for passing the legislation inappropriately? Ms. Benjamin responded that she can answer the second question more readily than the first since she did not participate in prepazation of the housing survey which is required by the statute. She believes that findings of a legislative body are given great weight, absent manifest error, in most cases and, to her knowledge, there have been no cases challenging the establishment of a CRA in this state. If Council acted unreasonably in establishing the area, she believes that the ordinance would be declared invalid and any tax exemptions granted pursuant to it would be rescinded and the City would likely have a cause of action for breach of contract being brought against it. Mr. Zawaly asked if there have been any CRA's created since July 1, 1994. Ms. Benjamin responded that this will be one of the first established in the state. Discussion continued about the potential legal challenges which could arise from this legislation. Mr. Foegler then provided background information regazding CRA's and how they have evolved into an economic development tool. Mayor Campbell noted that the City, the schools and the taxpayers will all benefit from the economic development generated with this CRA. He believes it is incumbent upon Council to keep the process moving due to the opportunities this legislation will provide to all entities involved. Mr. Zawaly moved to amend Ordinance No. 130-94 to incorporate changes provided in the draft provided to Council for tonight's meeting. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mayor Campbell, yes; Mrs. Boring, yes. Mr. Foegler noted that staff is requesting emergency action because of the timing of the pending development. This is actually the fourth reading at Council, so there is no need to waive readings. Mr. Strip moved to treat this as emergency legislation. Mrs. King seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Vote on the ordinance -Mrs. Boring, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes. I! Mr. Hansley noted that staff is recommending that Ordinance 17-94 remained tabled at this time, adding that there is a new community representative for Columbus Southern Power and they believe that negotiations will begin again soon. They hope to return with this legislation for Council action within 30 days. i! Ordinance No. 01-95 - An Ordinance Providin f g or 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 II Road, from: PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Crown Eurocars Parking Lot Expansion) (Third Reading) (Applicant: Crown Eurocars, c/o Mark Daniels, Meacham & Apel, 5640 Frantz Road, Dublin, OH 43017.) 7 Vote on the ordinance - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Strip, no. 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. (Third Reading) Mr. Foegler requested that this be tabled until the February 27 Council meeting. Mr. Kranstuber moved to table the ordinance until February 27, 1995. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. 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. (Third Reading) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meetin N AL BLANK CO. FORM NO. 1 14 Held February 6, 1995 19 Mr. Foegler requested that this be tabled until the February 27 Council meeting. Mr. Kranstuber moved that the ordinance be tabled until February 27, 1995. Mrs. Boring seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Kranstuber, 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. (Third Reading) Mr. Smith asked that this be tabled until February 27 as it appears there may be a defect in the original petition submitted by the applicant. Mr. Smith has discussed this with their legal representative. Mr. Strip moved to table the ordinance until the February 27 Council meeting. Mrs. King seconded the motion. ~ Mrs. King asked if this annexation is on the agenda for the Union County Commissioners meeting and Mr. Smith responded that it has been removed. Vote on the motion -Mayor Campbell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mr. Strip, yes. 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) (Second Reading) Mr. Hansley stated that staff is recommending that this be held over for a third and final reading. Mr. Hansley then updated Council on the status of City services at this site and the adjoining property. The Law Director is working with Administrative staff to resolve this situation. There will be a third reading of the ordinance at the February 27 Council meeting. Ordinance 66-94(Amended) - An Ordinance Repealing the Existing Chapter 1189, Codified Ordinances, of the Dublin Planning and Zoning Code and proposing a New Chapter 1189 - Signs. (Second Reading) Ms. Clarke noted that this ordinance has been in process for a long time with Planning Commission. It was also reviewed by Council's Land Use Committee. Planning Commission made their recommendation of approval unanimously on January 19. There will be a third reading at the February 27 Council meeting. Ordinance No. 08-95 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Franklin County Public Defender's Ofi;ce for Defense of Indigent Misdemeanants, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance. Mr. Hansley stated that Mr. Smith will provide background and the reason for emergency passage. Mr. Smith noted that this is the annual contract with the public defender's office for indigent misdemeanants. There is a $50 charge per case handled by Franklin County. The public defender's ~ office has requested emergency passage since the previous agreement has expired and this was forwarded to the City at a late date. The appointment of counsel for indigents is required under state statute. Mr. Zawaly asked that the spelling of "misdemeanants" be corrected. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. King, yes; Mayor Campbell, yes; Mrs. Boring, yes. Ordinance No. 09-95 - An Ordinance Amending Chapter 1187 (Landscaping) Relating to Street Tree Requirements. (First Reading) Mr. Zawaly introduced the ordinance. Ms. Clarke stated that this ordinance provides for the inclusion of newly developed species as well as native species and eliminates some of the species which require high maintenance over the long term. There will be a second reading at the February 27 Council meeting. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meetin A ON LEGAL BLANK CO.. F RM N 1 Held February 6, 1995 19 Ordinance No. 10-95 - An Ordinance to Appropriate Additional Funds For and Granting the City Manager the Authority to Enter into the Appropriate Contracts for Fire Hydrant Maintenance Services. (First Reading) Mrs. King introduced the ordinance. Mr. Hansley explained that Council was provided a background memo on this item. Mr. McDaniel commented that during the budget review process, he was directed to come back to Council regarding maintenance of the hydrants. He is requesting an additional appropriation of $24,000 for this purpose. The contracts are currently being reviewed by the township trustees. ~ There will be a second reading at the February 27 Council meeting. Ordinance 11-95 - An Ordinance Authorizing the Purchase of Computer Equipment for the Department of Development and the Division of Parks Maintenance Without Formal Advertising and Competitive Bidding, Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1995, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance. Mr. Foegler noted that he had discussed this legislation in the staff comments portion of this evening's agenda. As indicated previously to Council, the 1995 proposed capital budget included replacement of the file server which serves the 5800 Building. Staff is requesting emergency appropriations and waiver of competitive bidding due to the failure of the file server and the potential loss of data and information stored at this location. There is a possibility of purchasing this equipment from the state bid list if it can be obtained in a reasonable time frame. However, investigation of this option indicates an extremely long lead time for delivery. The total appropriation request is for $35,000. He assured Council that safeguards will be included in the new system to avoid the kind of down time which has been experienced during the past week. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Boring seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mrs. King, yes; Mayor Campbell, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Boring, yes. Reports from Council Committees Mrs. Stillwell, Goal Setting Committee stated that she and Mr. Kranstuber will meet with Dale Bertsch and Jim Kunde on February 11 to complete some of the items from the last session. The meeting will be held at 8:30 a.m. until noon, and all Council members are welcome to join them. They will be working on job descriptions for the Committees and other items. i Mrs. King, Land Use. Planning & Economic Development Committee stated that the Committee has postponed their February 13 meeting so that Council can meet in workshop session to review the CIP on that evening. She asked that members of the Committee check with the clerk this evening regarding available dates for rescheduling of the meeting. Agenda items will include the platting ~I issue referred to the Committee in December. Mr. Zawaly, Charter Review & Revision Commission noted that they will meet in special session j' on Saturday, February 18 from 8 a.m. until noon. He will be sending a memo to Council regarding issues coming up of particular interest to Council members. He would appreciate any feedback prior to the meeting on the 18th. The next regularly scheduled meeting of the Commission is on Tuesday, February 28 from 7 to 9 p.m. in Council Chambers. He also reported that Planning Commission will be scheduling a special meeting to review the Northeast quad rezoning for the Schottenstein/Mt. Carmel project. He would appreciate feedback from Council members about the current proposals. He would also appreciate clarification about Council's thoughts in regard to the Superamerica rezoning application for the corner of Post and Avery/Muirfield Drive. Mr. Strip noted that he will be out of town on Saturday, February 11 and therefore unable to attend the goal setting session. Mr. Strip, Finance Committee noted that the following recommendations are being brought to Council from the Committee in regard to the hotel/motel tax fund applications for grants. He added that he had previously provided a summary of recommendations to the members of Council. Dublin Chamber $1,000 for reimbursement of City services for of Commerce the 1995 Shenanigans Project RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meetin E AL BLANK CO. FORM NO. 1014 Held February 6, 1995 19 Dublin Women's Club $6,000 plus reimbursement of City services Festival of the Arts not to exceed $5,500 Dublin Youth Athletics $30,000 earmarked for capital improvements only (lighting to be owned by the City after the event) City to be shown as sponsor in the program Jack Nicklaus Foundation $25,000 grant for 1995 March of Dimes $700 for reimbursement of City services Snoball Softball The Team Columbus request is being held for further discussion with them. Mr. Strip moved to approved the recommendations of the Committee. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes. Ms. Grigsby stated that she would notify the applicants of the awards. Mr. Strip stated that the applications from Team Columbus and the Columbus Zoo are still pending. The meeting was adjourned at 9:40 p.m. ~ Mayor, Presidin Officer Clerk of Council i