HomeMy WebLinkAbout02/27/1995 RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Meeting
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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 27, 1995.
Staff Comments
Chief Ferrell noted that Council members had been provided a copy of the on-site assessment report
done in January by the reaccreditation team.
Mr. Zawaly requested that the Police division provide ayear-end analysis of accidents which have
taken place during 1994. This information would assist with the decision-making process for
funding of intersection improvements in the CIP.
Chief Ferrell responded that they have provided this information to the City Manager for the CIP
review.
Mr. Zawaly requested that Council be given copies of this information.
Mayor Campbell noted that at the beginning of 1995, financial statements indicate a 15 percent
increase over the budget estimates and a 22 percent increase of income tax revenue over January of
1994. He asked staff to comment.
Ms. Grigsby responded that many individuals submit tax returns in December and January which
affects the estimated revenues, and many companies pay large bonuses in December. Other factors
would be the growth of new businesses in Dublin, such as Applied Innovation, bringing additional
tax revenue.
Mr. Hanslev then previewed the new "Come to Dublin" video for Council members.
Mayor Campbell announced a short recess would be taken prior to the beginning of the formal
meeting.
Mayor Campbell reconvened the meeting at 7:30 p.m.
Mrs. Stillwell led the Pledge of Allegiance.
Roll Call
Council members present were: Mrs. Stillwell, Mrs. Boring, Mr. Strip, Mr. Kranstuber, Mr.
Zawaly, and Mayor Campbell. Mrs. King was absent (excused).
Staff members present at the meeting included Mr. Hansley, Mr. Foegler, Mr. Banchefsky, Ms.
Grigsby, Chief Ferrell, Ms. Jordan, Mr. Lenz, Mr. Kindra, Ms. Clarke, and Ms. Puskarcik.
Approval of Minutes of February 6, 1995 Council Meeting
Mr. Kranstuber moved to approve the minutes of the February 6, 1995 Council meeting.
Mr. Zawaly seconded the motion.
Vote on the motion - Mr. Strip, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes;
Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes.
Approval of the Minutes of Februarv 20, 1995 Council Meeting
Mrs. Stillwell moved to approve the minutes of the February 20, 1995 Council meeting
Mr. Strip seconded the motion.
Vote on the motion -Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mr. Kranstuber, yes;
Mrs. Stillwell, yes; Mrs. Boring, yes.
Correspondence
The clerk reported that two notices to legislative authority regarding liquor permits were included
in the Council packet, along with letters of explanation. County Kerry Coffees, 119 South High
Street is seeking a new C-2 permit and Italian Oven, 6627 Dublin Center Drive is seeking approval
of a transfer of their DS and D6 permits to another corporate entity.
There were no objections from Council to the issuance and transfer of these permits.
Comments from Visitors
Rock Davis, 6983 Havington Court stated that he is a 10-year old Dublin resident and he would like
to address Council regarding play streets. He has done some research which has shown that,
although the law allows for play streets, Dublin has none. He lives on a cul-de-sac and his
neighbors have all signed a petition requesting that their street, Havington Court, be declared a play
street. But since there are no other play streets in Dublin, his concern is that children would come
from all around to play on their street if it is designated as a play street. For this reason, he is
proposing that all cul-de-sac streets in Dublin be declared play streets. These streets could be signed
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with a "Caution -Play Street" sign to assure safety, and speed limits for cars on cul-de-sac play
streets should be reduced to 15 miles per hour. He suggests that adjoining streets be limited to 25
mph for cars. He suggests that Council have a public meeting to discuss the "play street" proposal
and the safety issues involved. He is also willing to assist with flyers or petitions necessary to
facilitate the process.
Mr. Zawaly asked if legislation has been approved allowing play streets.
Mrs. Boring responded that her understanding is that it is up to the discretion of the city manager.
Mr. Hansley noted that this issue has been discussed several times at Safety Committee meetings two
to three years ago. The Committee at that time decided not to initiate any policy regarding play
streets due to safety and liability concerns. The current legislation does allow certain streets to be
declared play streets under certain conditions.
Chief Ferrell added that he has spoken to Rock Davis and Mrs. Davis today regarding this proposal.
Chief Ferrell is opposed to play streets due to the safety issues involved as he had indicated to
Council's Safety Committee during their last discussion of the issue.
Mrs. Boring suggested that the issue be referred to the Safety Committee for a recommendation to
Council. She believes that Rock Davis and others deserve an answer regarding this proposal.
Mr. Strip pointed out that play streets would house roller blading, basketball and bike riding, and
the many activities could result in the City incurring liability for injuries. The City of Dublin has
allocated many resources to the construction and maintenance of parks, recreation centers and
playgrounds to provide places for these activities. The Safety Committee in the past chose not to
endorse play streets for safety reasons.
Mr. Kranstuber agreed with referring the issue to Committee. The Committee can review how this
law is currently enforced. He was not aware that the Police actively enforced the laws regarding
children playing in the streets.
Chief Ferrell clarified that officers have occasionally issued verbal warnings, asking people to move
out of the streets to the bike paths. He is very concerned about safety when you put bicycles,
skateboards, rollerblades and cars on the same street.
Mayor Campbell explained to Mr. Davis that Council has a Committee system to study and research
an issue.
Mrs. Boring moved to refer the issue to the Safety Committee or to the restructured Committee of
Public Services if that is approved later this evening.
Mrs. Stillwell seconded the motion.
Mr. Zawaly suggested that Mr. Davis come to a Parks and Recreation Advisory Committee meeting
to discuss the recreational opportunities which are not currently provided for in the parks system.
He praised Mr. Davis for his excellent presentation.
Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes;
Mrs. Boring, yes; Mr. Kranstuber, yes.
Mayor Campbell asked that the minutes reflect tonight's discussion so that the Safety Committee can
review the issue. He suggested that Mr. Davis take his ideas to the Parks and Recreation Advisory
Committee for consideration as well.
Mr. Zawaly asked that the clerk send Mr. Davis a copy of the minutes.
Council Roundtable
Mrs. Boring brought up the Caplestone Lane private to public street issue, stating that she is not
comfortable with asking staff to bring legislation to Council prior to a public discussion by Council
members of the issue. She believes this issue is a difficult one in view of the many private
condominium streets throughout the City. However, she observes the number of waivers granted
to developers and believes the neighborhoods should have the same right to ask.
Mr. Zawaly stated that any hardship legislation brought before Council to address this situation
should be a broad-based hardship ordinance, not one that is earmarked for the private street matter.
Mayor Campbell commented that he believes that the residents deserve some feedback at this point
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in time. He thinks that if a hardship provision was applied in the Caplestone case, conditions would
have to be attached which would basically leave the City in a position of being made whole, i.e.,
if street repairs would have to be made sooner than a reasonable period of time, there could be an
assessment mechanism to avoid adverse financial impact upon the City. He also agrees with Mr.
Zawaly that a hardship ordinance should be broad-based.
Mr. Foegler noted that staff has recommended that the ordinance addressing private to public street
conversion should be included in the subdivision regulations and should have some additional
modifications to it. He noted that the subdivision regulations already include a hardship provision
and read Chapter 1111 of the Codified Ordinances. Council and Planning Commission would then
have to decide whether this case meets the criteria for a hardship situation as provided in this
Chapter.
Mr. Zawaly commented that this Chapter makes reference to the subdivider and not to an individual
resident.
Mr. Foegler responded that the homeowners' association becomes the subdivider. They are
subdividing by virtue of the fact that they now have to plat a public right-of--way and dedicate a
public street.
Mayor Campbell asked what would be the most expedient way, if there are four votes, to at least
review this situation for possible preparation of an ordinance.
Mr. Foegler responded that the original ordinance was drafted at the request of the Service
Committee. If Council would like to revisit the ordinance, he believes the Service Committee would
be the appropriate body to review this.
Mrs. Boring disagreed, since the Committee has already reviewed this. She is looking for Council
support of a motion for staff to provide alternatives of how this can be dealt with.
Mrs. Boring then moved to have the staff research and bring back to Council solutions to the
situation, whether this would be hardship waivers or subdivision regulation modifications or
whatever needed.
Mr. Foegler asked for clarification -would this be hardships for residents in regard to the conversion
of private to public streets?
Mr. Zawaly noted that he is seeking a general provision that could address those conditions or
similar ones that residents would bring to Council. He does not want this legislation tailored to a
specific situation. He suggested that the Law Department review what other cities have done in this
regard to provide relief for residents who feel boxed in by a specific ordinance. ~
Mayor Campbell added that under the current ordinance, there is no means by which Council could
bend on this issue even if they were in favor of doing so. He clarified that staff should examine
possible alternatives to the ordinance or the regulations to deal with similarly situated matters, not
to deal specifically with this case.
Mayor Campbell then seconded Mrs. Boring's motion.
Vote on the motion - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor i
Campbell, yes; Mr. Kranstuber, abstain.
Mrs. Stillwell noted the following:
1. Regarding I-270 widening, there will be a meeting of the Action Committee on Thursday
evening at 7 p.mm. in Worthington. The draft TIP is nearly ready to be submitted to
ODOT. ODOT will review it to determine which projects can be funded. The Committee's
goal has always been to include it on the '96 to '98 TIP. She emphasized that it is critical
to continue to send letters to state officials regarding the importance of the 270 North
Outerbelt widening.
2. Regarding the design for the 270 widening, she corrected her comments from the last
Council meeting -the second contract for the Worthington portion has not been signed. This
is due to be signed by March 15, so the project is on track in terms of the design phase.
3. MORPC did undergo a federal certification process and received notice of their approval.
MORPC adopted the regional bikeway system at their Thursday meeting - it will be included
in the transportation improvement plan. She has asked the Clerk to copy the document for
the Council members and staff.
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Legislation
Ordinance No. 02-95 (Amended) - 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. (Tabled Ordinance)
Mr. Kranstuber moved to take Ordinance 02-95 from the table.
Mr. Strip 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.
Mr. Foegler noted that staff has distributed a memo with the updated versions of the documents.
Virginia Benjamin is present this evening to answer any questions regarding the statutory
requirements related to these types of agreements. Joel Riedel is also here from Dublin Schools to
comment.
Joe Riedel, Dublin Schools Administration, 7030 Coffman Road addressed Council. The School
Board has asked him to relay their comments to Council:
1. The Board and the Administration are extremely pleased with the document which you will
consider tonight regarding the municipal tax revenue sharing district. It will make the
school district whole from the onset of the reinvestment area agreement. The district will
be the recipient of new tax dollars immediately which not only reinforces the partnership
concept between city and school but aids with budget concerns of a rapidly growing school
district.
2. We want to once again make note of the strong ties which are strengthen by this action
tonight that link city and school in their efforts to provide for the future of our community,
and that common taxpayer which we share. With this agreement, we are truly partners in
developing Dublin's tax base.
3. Finally, we commend the foresight and the energy of individual Council members as well
as the City Manager and the Director of Development, who not only made this agreement
a reality, but more importantly found a way to bring business to Dublin. We thank you for
your continued efforts to help the school district and welcome future opportunities to work
with the City.
Mayor Campbell asked that Mr. Riedel convey Council's appreciation to the Board of Education and
the Administration for the very kind comments.
Mrs. Boring asked if the State Director of Development has given approval of the community
reinvestment area.
Mr. Foegler responded that the approval was received on Friday.
Mrs. Stillwell moved to amend Ordinance 02-95 to incorporate the changes which are reflected in
the draft before Council this evening.
Mr. Strip 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.
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Mr. Strip moved to treat this as emergency legislation.
Mr. Kranstuber seconded the motion.
Mr. Foegler stated that emergency action is necessary due to the specific development projects
pending.
Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Zawaly, yes;
Mr. Kranstuber, yes; Mrs. Stillwell, yes.
Vote on the ordinance - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip,
yes; Mr. Zawaly, yes; Mrs. Boring, 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. ('Tabled Ordinance)
Mr. Strip moved to take Ordinance 03-95 from the table.
Mr. Kranstuber seconded the motion.
Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip,
yes; Mrs. Boring, yes; Mr. Zawaly, yes.
Mr. Zawaly moved to amend Ordinance 03-95 to incorporate the changes in the version before
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Council tonight.
Mrs. Stillwell seconded the motion.
Vote on the motion -Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes;
Mr. Strip, yes; Mr. Kranstuber, yes.
Virginia Benjamin stated that this ordinance approves an agreement with a particular developer in
the Britton Parkway Community Reinvestment Area. The necessary approval from the State has
been obtained.
Mr. Strip moved to treat this as emergency legislation.
Mr. Kranstuber seconded the motion.
Vote on the motion -Mayor Campbell, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Zawaly, yes;
Mr. Strip, yes; Mr. Kranstuber, yes.
Vote on the ordinance - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes;
Mr. Kranstuber, yes; Mrs. Boring, yes.
Ordinance 17-94 - An Ordinance Granting a Franchise to Columbus Southern Power Company
to Construct, Maintain and Operate Lines, Appurtenances and Appliances for Conducting
Electricity In, Over, Under and Through the Streets, Avenues, Alleys and Public Places of the
City of Dublin. (Tabled Ordinance)
Mr. Hansley reported that negotiations are continuing.
Mayor Campbell stated that the ordinance will remain tabled at this time.
Ordinance 17-94 remained tabled.
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. ('Tabled Ordinance)
Mr. Hansley recommended that Council remove this from the table. Staff is recommending that
Council defeat this resolution due to problems with the annexation petition submitted by the
applicant. The applicant will be resubmitting.
Mr. Kranstuber moved to take Resolution No. 02-95 from the table.
Mr. Strip seconded the motion.
Vote on the motion -Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor
Campbell, yes; Mr. Kranstuber, yes.
Vote on the resolution -Mrs. Boring, no; Mr. Zawaly, no; Mr. Strip, no; Mrs. Stillwell, no; Mayor
Campbell, no; Mr. Kranstuber, no.
Ordinance No. 106 - 94 (Amended) - An Ordinance Providing for a Change of Zoning of 6.0
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) (Third Reading) (Applicant: Jim
Brundage, 682 Paddlewheel Drive, Westerville, OH 43082; Robert P. & Marilyn M. Cavanagh, ~
owners)
Mrs. Stillwell noted that the acreage listed on the agenda of 6.539 acres is differs from the acreage
listed on the ordinance (6.0 acres).
Ms. Clarke confirmed that the 6.0 acres on the ordinance is the correct acreage. She requested that
Council formally amend the ordinance to include the revised acreage reflected in the updated legal
description.
Following brief discussion about the number of conditions, Ms. Clarke confirmed that Planning
Commission had recommended approval of the rezoning with 11 conditions, the eleventh condition
being that the stormwater design include a wet retention pond if at all possible. Council then added
a twelfth condition at the public hearing, agreed to by the applicant, that a bikepath be added as a
condition of the rezoning, the exact terms of which would be worked out by staff.
Mr. Zawaly pointed out that Condition #3 had also been amended by Council at the public hearing,
and now reads that, "A park fee consistent with the Dublin ordinance shall be paid by the applicant
at the time of final platting."
Mrs. Boring expressed concern about the adjacent property owner who is seeking availability of
water lines.
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Mr. Foegler responded that this issue and other utilities issues are best determined at the time of
preliminary platting.
Mr. Kranstuber moved to amend Ordinance 106-94 to reflect 6.0 acres of land.
Mr. Strip 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.
Mr. Zawaly moved to approve the ordinance subject to the twelve conditions previously stated,
including the amended number three condition.
Mrs. Stillwell seconded the motion.
Vote on the ordinance - Mr. Strip, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. Boring, yes;
Mr. Kranstuber, yes; Mrs. Stillwell, yes.
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) (Third Reading) (Applicant: Mark Pottschmidt,
Continental Real Estate, 150 E. Broad Street, Columbus, OH 43215)
Ms. Clarke stated that she has responded by memo to the issues raised at the public hearing
regarding appropriate colors and the architectural palette for the retail center. She has also provided
minutes of the Planning Commission meetings relating to this issue.
Mr. Strip asked if there has been any feedback from the developer regarding the traffic signalization
issue he raised at the public hearing.
Mr. Foegler responded that the condition involving a 50 percent cost sharing is established by the
Planning Commission at the final development plan stage. It is the discretion of Council to consider
this funding as part of the capital improvements budget. Staff will be prepared to discuss this at the
workshop session on Wednesday evening.
Mr. Strip stated that he would like to go on the record, personally, and suggests that Council do so
as well in some formal way, to indicate that passage of this rezoning is without any representation
of City participation in the funding of the traffic signal. This is an entirely separate issue which
should be considered within the capital budget. He wants to avoid any later assumption on the
developer's part that approval of the rezoning endorsed Planning Commission's suggestion that the
City fund 50 percent of the signalization.
The other members of Council expressed concurrence with Mr. Strip's comments.
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Mrs. Boring asked why Condition #19 is then included in the documentation provided.
Discussion followed.
Mr. Zawaly moved to amend Condition #19 at the end to state, "subject to Council approval during
its capital improvement review process."
Mr. Strip seconded the motion.
Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; it
Mr. Kranstuber, yes; Mr. Strip, yes.
Mayor Campbell asked the applicant if he agrees with the amended condition #19, and Mr.
Pottschmidt stated that he does.
Vote on the ordinance -Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Strip, yes;
Mr. Zawaly, yes; Mr. Kranstuber, 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).
('t'hird Reading)
Mr. Hansley noted that staff is recommending that Council take action on this ordinance tonight.
The adjacent property is outside the city limits and is now hooked up to the Columbus sewer system;
as far as can be determined, the fees have not been paid. Legal staff is working with the City of
Columbus to rectify this problem. Council Member King had previously alerted staff to this
situation.
Vote on the Ordinance - Mr. Strip, yes, Mrs. Stillwell, yes, Mr. Kranstuber, yes, Mr. Zawaly, yes,
Mrs. Boring, yes, Mayor Campbell, yes.
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Ordinance No. 66-94 - An Ordinance Repealing the Existing Chapter 1189, Codified
Ordinances, of the Dublin Planning and Zoning Code and Proposing a New Chapter 1189 -
Signs.
Mr. Hansley noted that staff is recommending an amendment to the title of the ordinance -instead
of "proposing"anew chapter, it should read, "adopting." He asked Ms. Clarke to comment.
Ms. Clarke requested that Council table this ordinance for one month for some additional
modifications.
Mr. Kranstuber moved to substitute "adopting" for the word "proposing" in the ordinance title.
Mrs. Stillwell seconded the motion.
Vote on the motion - Mr. Strip, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. Stillwell, yes;
Mrs. Boring, yes; Mr. Kranstuber, yes.
Mr. Strip suggested that it be tabled to a date certain.
Ms. Clarke requested that it then be tabled until March 20, 1995.
Mr. Strip moved to table Ordinance 66-94 to March 20, 1995.
Mr. Kranstuber seconded the motion.
Vote on the motion - Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Kranstuber, yes;
Mr. Zawaly, yes; Mayor Campbell, yes.
Mr. Hansley then noted that staff would like to request reconsideration of Ordinance No. 127-94 for
reasons Mr. Foegler will explain.
Mr. Foegler clarified that the conditions discussed this evening with the rezoning were the conditions
imposed by Planning Commission for the final development plan and not the conditions
recommended with the rezonings. He asked Ms. Clarke to comment.
Ms. Clarke stated that the record of action from the final development plan were provided to Council
with the background materials for the ordinance. Planning Commission recommended approval of
the rezoning with the three conditions as reported to Council at the public hearing on February 6,
1995. They are as follows:
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 prior to
Council action;
3. That the detailed landscape plan for the mounding and screening along the retail center's rear
elevation be submitted for staff review and approval before filing for a building permit for
the retail center.
Condition #19 discussed by Council this evening is not an issue related to the rezoning of the
property.
Mr. Kranstuber moved to reconsider their previous vote on Ordinance No. 127-94. ~
Mrs. Stillwell seconded the motion.
Mayor Campbell noted that the applicant's representatives are still present for purposes of the ij
record.
Vote on the motion -Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mr.
Kranstuber, yes; Mayor Campbell, yes.
Mayor Campbell explained that Council's previous vote this evening followed discussion relating to
the record of action from Planning Commission regarding the final development plan. He asked Ms.
Clarke to restate the three conditions now being considered by Council and she did so.
Mrs. Stillwell pointed out that on page 20 of the staff report, four conditions are recommended by
staff including one involving a traffic study.
Ms. Clarke confirmed that staff had later determined that the condition was not appropriate since an
agreement had been made at the time of zoning with the applicant regarding what his contributions
were to be for this area.
Mr. Strip commented that he would suggest that Council's earlier comments about the traffic
signalization funding stay as a matter of record. He then moved approval of the ordinance with the
three conditions listed by Ms. Clarke.
Mr. Kranstuber seconded the motion.
Vote on the ordinance - Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr.
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Kranstuber, yes; Mayor Campbell, yes.
Ordinance No. 09-95 - An Ordinance Amending Chapter 1187 (Landscaping) Relating to Street
Tree Requirements. (Second Reading)
Mr. Hansley stated that Paula Chope, the City's Urban Forester is present if Council has any
questions.
There were no further questions.
There will be a third reading of the ordinance at the March 6 Council meeting.
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. (Second Reading)
Mr. Hansley stated that staff recommends that this be held for a third reading.
Mrs. Boring asked why Tonti Drive, Tamarack Court and Red Bay Court are included in the list.
Mr. Hansley responded that the intent was that everything east of the river would be done by Perry
Township and everything west of the river should be handled by Washington Township. This will
be revised before the time of third reading.
There will be a third reading of the ordinance at the March 6 Council meeting.
Ordinance No. 12-95 - An Ordinance Amending Certain Sections of Ordinance No. 23-93
("Compensation Plan"). (First Reading)
Mr. Strip introduced the ordinance.
Mr. Hansley explained there was a detailed memo in their packet about this. Mr. Harding is present
to answer any additional questions.
Mayor Campbell asked if this ordinance addresses the Martin Luther King holiday recently raised
by Council.
Mr. Hansley responded that staff is in the process of completing a survey of employees regarding
preferences to be provided for the next Council meeting.
Mrs. Stillwell noted that there is a current trend to lump personal and vacation days together, and
wondered if the City has considered doing so in conjunction with changes in policies.
Mr. Harding responded that staff has not studied this specific issue.
Mr. Zawaly commented that, traditionally, Council would refer this ordinance to its Personnel
Committee. He noted that the staff memo mentions the possibility of a need for emergency action
at the time of second or third reading.
Mr. Harding responded that several new positions were approved in the budget and staff has moved
forward with recruitment and selection procedures. The pay ranges for the positions, though, are
established within the compensation plan. Staff can meet with the Personnel Committee to discuss
any issues.
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Mayor Campbell commented that this ordinance is reflective of the budget discussions completed
recently, and merely includes the new positions in the current compensation plan.
Mr. Harding confirmed this, adding that a formal pay grade is established for each of the new
positions and the reclassified positions within the ordinance before Council this evening
Discussion followed about whether to refer this ordinance to a Council committee.
Mr. Harding noted that there are two amendments needed: one is an error within Section 9 of the
ordinance in paragraph d, third to last line. The figure mentioned is .075 and it should actually be
.069. In Section 10 in the second line, the re-lettering referred to should be "f through k". He
requested that Council make these two changes by amendment.
Mrs. Stillwell so moved to amend the ordinance as stated by Mr. Harding.
Mr. Kranstuber seconded the motion.
Vote on the motion -Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Zawaly, yes;
Mr. Kranstuber, yes; Mrs. Stillwell, yes.
There will be a second reading of the ordinance at the March 6 Council meeting.
Mayor Campbell suggested that if Council believes that review by a committee is needed, that this
be done at the time of second reading since staff may be requesting emergency action at the time of
third reading.
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Held February 27, 1995 19
Ordinance No. 13-95 - An Ordinance to Adopt the Proposed Cash Capital Budget and to
Amend the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1995,
and Declaring and Emergency. (First Reading)
Mr. Strip introduced the Ordinance.
Mr. Foegler explained that this is the ordinance to adopt the cash capital budget that Council has
been reviewing for the last six or eight weeks. It will be subject to Council's final acceptance and
delineation of capital projects.
Mayor Campbell commented that the ordinance being introduced tonight is a draft which will be
revised based on the discussions to be concluded at the Wednesday evening workshop. Hopefully,
a final draft can be prepared for the next Council meeting.
Ms. Grigsby responded that the draft reflects Council's discussion of the proposed budget at the
workshop sessions.
There will be a second reading of the ordinance at the March 6 Council meeting.
Ordinance 14-95 - An Ordinance Authorizing an Advance from the General Fund to the
McKitrick Project Tax Increment Financing Fund, Appropriating Funds, and Declaring an
Emergency. (First Reading)
Mr. Zawaly introduced the ordinance.
Mr. Foegler stated that, as Council is aware, staff is currently working on a couple of very active
economic development projects on the McKitrick property. Council took action to pass a tax
increment financing ordinance for this property for an office building back in June of 1994. Because
of the time frames associated with certain prospective users on the site, it is critical that action is
taken to tie down road locations and initiate road design. These monies are deposited into a tax
increment and financing fund all of which becomes ultimately reimbursed through the revenues
produced by the planned development on the site. Obviously, if for some reason those projects
wouldn't move forward, we would stop the design process at that point in time. He offered to
answer any questions from Council.
Ms. Grigsby stated that the ordinance contains emergency language because staff will request
emergency action at the next reading.
Discussion followed about whether to take action this evening or wait until the second reading.
Mr. Zawaly moved to treat this legislation as an emergency and waive the three-time reading rule.
Mr. Strip seconded the motion.
Mayor Campbell noted that the reason for the emergency action is that there are projects that are
pending which could be financially adversely affected if the ordinance is not approved as soon as
possible.
Mr. Foegler confirmed this, and added that the tax increment financing legislation previously
approved by Council has declared this as a public purpose.
Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Zawaly,
yes; Mrs. Boring, yes; Mr. Strip, yes. I
Vote on the ordinance - Mr. Kranstuber, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes; it
Mayor Campbell, yes; Mrs. Stillwell, yes.
Ordinance No. 15-95 - An Ordinance Providing for the Issuance and Sale of $7,500,000 Notes,
in Anticipation of the Issuance of Bonds, for the Purpose of Paying Costs of Constructing,
Furnishing and Equipping AMulti-Purpose Community an Recreational Center and Improving
the Site thereof, and Declaring an Emergency. (First Reading)
Mr. Kranstuber introduced the ordinance.
Mr. Hansley stated that this provides the financing mechanism for the new community recreation
center. Ms. Grigsby or bond counsel can respond to any questions.
Ms. Grigsby stated that staff will be requesting waiving of the three-time reading rule and emergency
action at the second reading. In this way, the debt can be issued prior to award of the construction
contract.
There will be a second reading with a request for emergency action at the March 6 Council meeting.
Ordinance No. 16-95 - An Ordinance To Accept the Lowest/Best Bid for the Construction of
Phase 1 of the Community Recreation Center, Appropriating Funds and Declaring an
Emergency. (First Reading)
Mr. Strip introduced the ordinance.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 10 Meeting
AL BUNK CO. FORM NO. 1014
Held February 27, 1995 19
Mr. Foegler stated that a summary of the bids has been distributed to Council. As Council will
recall, the official estimate for the bids as prepared by the architect was $9,750,000. They received
a low bid of $8.8 million and a high bid of approximately $10.45 million. The remainder of the
bids clustered within 2 percent of the estimate, indicating that in fact the plans were viewed very
consistently by the contractors. For Council's information, the low bid firm called staff shortly after
the bid opening to indicate that there was an error in their bid. Staff is continuing the review of the
contractors and will provide a recommendation at the next Council meeting. At this point, the
lowest and best bid appears to be Tuttle Construction.
Mr. Strip noted that many of the contractors include the same subcontractors, and this seems to take
away from the competitive bidding process.
Mr. Foegler responded that the general contractors would have received far more proposals from
subs than is reflected here. This document shows consistent utilization of the subs who met both the
quality and cost requirements of the various general contractors who bid on the Center.
Mr. Zawaly stated that he was comfortable with-this. He added that some general contractors may
eliminate some of their lower bids because they do not have the experience or confidence in the
particular subcontractor.
Responding to Mr. Strip, Mr. Foegler said at this point, it would appear that the lowest and best bid
is from Tuttle Construction - $9,630,000 -which is within 1 /2 of one percent of the official estimate.
Mark Bodine Proiect Manager from Moody Nolan stated that Tuttle Construction is located in
Lima, Ohio. Moody-Nolan has done two projects in the Lima area with them -the Lima Technical
Administration building and the U.A.W. Training Center. They are well managed and complete
projects on time.
Mr. Foegler noted that staff will be requesting emergency action at the third reading. It is his
understanding that the project is still on the schedule he has presented to Council.
Mayor Campbell asked if Council should officially accept the request for withdrawal of bid from
Cleveland Construction.
Mr. Banchefsky responded that staff will bring a recommendation regarding this to Council. There
is a statutory provision which provides that the withdrawal notice must be submitted within two
business days and Cleveland Construction has done so.
Mayor Campbell asked Mr. Bodine if the running track which was an alternate in the first bid
documents has been included. i
Mr. Bodine responded that the track is included in these bid documents.
There will be a second reading of the ordinance at the March 6 Council meeting.
i~
Ordinance No. 17-95 - An Ordinance Accepting the Lowest and Best Bid for the Tuller Road ~
Street Tree Plantings. (First Reading)
Mr. Strip introduced the Ordinance. ij
Mr. Hansley stated that their was a memo in the packet from the City Forester and she is present
this evening to respond to questions.
Ms. Grigsby added that staff will bring an amendment to Council at the time of second reading to
provide for appropriation of funds for the grant share of the project.
There will be a second reading of the ordinance at the March 6 Council meeting.
Ordinance No. 18-95 - An Ordinance to Amend the 1992 CABO One, Two and Three-Family
Dwelling Code with Regard to Basement Ceiling Heights. (First Reading)
Mr. Kranstuber introduced the ordinance.
Mr. Foegler noted that ordinances 18-95, 19-95 and 20-95 were distributed prematurely and staff
has determined that additional modifications are needed. Therefore staff is requesting that Council
take no action to consider them tonight. Staff will provide a memo explaining the changes to be
made with the modified ordinances.
Discussion followed about whether to introduce them tonight or to wait until the modified versions
are prepared.
Mr. Kranstuber withdrew his introduction of Ordinance No. 18-95.
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RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 11 Meeting
DAYTON LEGAL BLANK CO. FORM NO. 7014
Held February 27, 1995 19
The modified ordinances will be prepared and then brought to Council for consideration.
Resolution No. 03-95 - A Resolution Providing for Consolidation and Restructuring of the
Standing Committees of Council, and Declaring an Emergency. (First Reading)
Mrs. Stillwell introduced the resolution, explaining that this implements the revised committee
structure discussed at the last Council workshop session.
Mayor Campbell asked if emergency action is requested this evening.
Mrs. Stillwell expressed no preference. A discussion of the appointments to the restructured
committees was postponed until after Wednesday evening's CIP workshop so that Mrs. King would
be present.
Mr. Strip suggested that Section 8 should perhaps include language that the committees would also
review those items otherwise brought to committee.
Discussion followed about the fact that the intent is that committees and the appropriate staff to that
committee will review/study items referred by a majority of Council versus having business brought
directly to the committee.
Mr. Strip commented that he is willing to try this approach; it can always be fine-tuned if necessary.
Mr. Zawaly stated that he has discussed the proposed combination of the Parks and Recreation
Committee, Public Service and Public Safety committees with the PRAC and with Janet Jordan.
They have expressed some concerns about this in view of the many items the Parks and Recreation
Committee will be addressing with the Community Center project. Council may want to revisit the
issue of combining the three committees into one.
Ms. Jordan commented briefly about her additional concern about the many types of issues she
brings to Council committees -some involve recreation, some financial, and some parks
development. Sometimes the issues seem to involve several committees.
Mayor Campbell emphasized that Council members have worked months to streamline their
processes so that they can be more responsive to both staff and the community.
He noted that these are to be the standing committees of Council - ad hoc committees can be
appointed as needed.
Following more discussion, Mayor Campbell noted that Council can discuss the committee
appointments on Wednesday evening and then should be prepared to vote on the restructuring at the i
March 6 Council meeting.
Mr. Hansley suggested that to provide clarification, the Community Development Committee should
have as its responsibility review of "growth management and transportation systems" instead of just
"growth management and transportation". This will help distinguish between the "traffic and related ~
issues" assigned to the Public Services Committee. ~
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Mayor Campbell stated that there will be a second reading of the resolution at the March 6 Council
meeting. He also asked Council members to fax to him their particular Committee assignment
requests.
OTHER
Preliminary Plat - Campden Lakes (Applicant: Howard S. Adams, Howard S. Adams, Inc., 8445
Gullane Court, Dublin, Ohio 43017)
Ms. Clarke showed slides of the site and described the proposed development.
1. She stated that the site will have sewer from Delaware county, and it will have a looped
Columbus or Dublin water line. The Delaware county portion will have Delco water
service.
2. She noted that the lake on the site will not be used for boating or swimming, but the
applicant has agreed to keep an open area adjacent to the lake to allow access for life boat
or emergency rescue vehicles.
3. The plan was zoned for 68 units, but the applicant is actually proposing only 66. There will
be 10.24 acres of public park and an additional 12.99 acres of private open space, including
the lake.
4. Planning Commission determined that the preliminary plat is consistent with the Community
Plan, maintaining low density along the river corridor, furthering parks goals as well as the
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RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 12 Meeting
DAYTON LEGAL BLANK R
Held February 27, 1995 19
thoroughfare and circulation goals for the community.
Planning Commission recommended approval with 10 conditions:
1. That no parking zones be established, signed and designated on the plat;
2. That corporation signage, preferably wood, be installed at the county line;
3. That a bond for the completion of all public improvements, both on-site and off-site, be
submitted prior to consideration of the final plat;
4. That all streets, rights-of--way and easements, utilities, and stormwater management facilities
meet the approval of the City Engineer;
5. That right-of--way consistent with the Community Plan be dedicated along Summitview Road;
6. That temporary turn-arounds be provided if the street loop is not completed in the first
phase;
7. That the developer submit street tree and park development plans subject to staff approval;
8. That an eight-foot bikepath be installed along Summitview Road;
9. That a clear access area to the lake, suitable for emergency needs, be permanently
maintained;
10. That any proposed well(s) to feed the lake be subject to review and approval by the City
Engineer.
Ms. Clarke added that the last condition was added at the time of rezoning. The developer has
stated that it is not his intention to maintain the lake levels through the use of wells, but there was
a concern by some of the surrounding residents as they are dependent upon wells for their own
water.
She added that this is the last public review process in which meaningful modifications can be made.
The final plat approval is essentially an administrative function. The final plat must be recorded
before the lots can actually be transferred.
Mr. Zawaly commented that this is a very long lake, and suggested that an emergency vehicle access
be added at the northern end of the lake for safety reasons.
Ms. Clarke responded that the Washington Township Fire Department asked specifically for one
access point along the lake and agreed with the location offered by the developer.
Mr. Zawaly noted that Chief Bostic is not present this evening to respond.
Mrs. Boring asked about the possibility of future bikepaths in the reserve area in the extreme
northeast corner of the site.
Ms. Clarke responded that this has not been discussed with the applicant. She agrees that an internal
connection to the eastern portion would make sense.
Mr. Adams stated that Delaware County has asked for a bikepath on the street to the north, so it
would not be a problem to put a bikepath on that reserve in the future. i
Howard Adams. 8445 Gullane Court. Dublin Ohio applicant stated that this project has been in
process for years and had been delayed due to the sewer agreement needed with Delaware County.
He believes this will be a unique subdivision and an asset to the City of Dublin with the large lots
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and tremendous amount of open space.
Mr. Zawaly asked if the applicant would consider a modification to Condition #9 regarding it
emergency access, adding at the end, "and if feasible, subject to the approval of the City Engineer,
on the north end of the lake as well."
Mr. Adams agreed to do so if this was feasible from an engineering point of view.
Discussion followed about the need for this additional access point.
Mr. Zawaly then moved to amend Condition #9 to read, "That a clear access area to the lake
suitable for emergency needs be permanently maintained on the south end of the lake and, if feasible
from an engineering perspective, subject to the approval of the City Engineer, on the north end of
the lake as well."
Mr. Strip seconded the motion.
Mr. Kranstuber expressed concern about the cost associated with an additional access point. It may
be feasible from an engineering standpoint, but what about the costs? He does not believe the
developer should incur additional costs to comply with this condition.
Mr. Foegler stated that staff clearly has a sense from Council of what is intended with this
amendment and that it is not Council's intent to cause any undue hardship to the applicant.
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RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 13 Meeting
DAttON LEGAL BLANK CO. FORM NO. 1014
Held February 27, 1995 19
Mr. Zawaly stated that he would be willing to amend his motion to add language of "no undue
hardship to the developer."
Discussion followed.
Vote on the motion -Mrs. Boring, no; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, no; Mayor
Campbell, no; Mr. Kranstuber, no.
Mr. Strip moved to approve the preliminary plat subject to the 10 conditions recommended by
Planning Commission.
Mr. Kranstuber seconded the motion.
Vote on the motion -Mrs. Stillwell, yes; Mr. Zawaly, no; Mrs. Boring, yes; Mr. Strip, yes; Mayor
Campbell, yes; Mr. Kranstuber, yes.
Revised Concept Plan -Mast Property (including Northwest Presbyterian Church) (Applicant: Ruth
E. Mast, 6759 Avery Road, Dublin, Ohio, and Robert J. Apel, 5640 Frantz Road, Dublin, Ohio
43017)
Ms. Clarke noted that a concept plan is anon-binding review by Planning Commission and City
Council. It is intended to provide the developer feedback about a development proposal. She noted
that this site is located at the northwest corner of Post and Avery Roads. Lowell Mast resides there
currently. The site is already zoned PUD for offices. The text submitted as part of that zoning
indicates that the land is to be developed as an office campus. Since that time, a church has
indicated interest in this property. The proposal here is to do two things: 1) to include the existing
R-1 pieces (three small parcels surrounded by this site) within the overall PUD; and 2) to permit the
eventual construction of a church and elementary school complex.
She then showed slides of the site.
Planning Commission recommended approval of this revised concept plan, finding it generally
consistent with the previously approved plan for Lowell Trace and compatible with existing and
proposed uses in the area. They recommended approval with 5 conditions:
1. That floodway and floodplain boundaries be accurately shown on all plat, planning, building
permit and engineering documents and that all city codes be met regarding floodways and
floodplains;
2. That the applicant submit a tree survey showing trees with a caliber of 6 inches and above
and that a tree preservation plan prepared by a certified arborist be submitted subject to staff
approval;
3. That the building and parking setbacks along Post Road be consistent with the Convalarium
at Indian Run and the Dublin Retirement Center;
4. That setbacks remain consistent with the approved development standards including side and ~
rear setbacks of 50 feet for structures and 30 feet for parking, loading, and service areas;
and
5. That engineering issues such as stormwater management and access be resolved at the
Preliminary Development Plan stage.
Mayor Campbell asked if the use proposed here is consistent with the present zoning. ~
Ms. Clarke responded that it is a permissible use, but there are several text revisions to
accommodate this proposal.
Mayor Campbell asked if a church site would be exempt from real estate tax.
Ms. Clarke responded that she would expect it to be exempt.
Mr. Strip asked if there will be some office space on the site and if the rest will be a church campus.
Ms. Clarke responded that the office site will be at the corner - 2.5 acres. This portion is not under
contract with the church. This would allow about 27,000 square feet of office space. The rest
would be a church and school - not a Dublin school but achurch-school.
In response to Mr. Strip's question, Ms. Clarke noted that the current uses and the PUD as currently
zoned include a church use. A church is a permissible use in any residential zone as well, as long
as the site contains more than 5 acres. What has changed is the amount of acreage involved and the
specific development standards.
Mr. Kranstuber noted that it appears to be a large parking lot. He would be interested in obtaining
a larger amount of green space and less asphalt.
Ms. Clarke responded that church parking is generally related to the size of the main worship room
or sanctuary and is based on the seating capacity.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 14
Meetin
OAYfON LEGAL BLANK 00., FORM NO. 1
Held February 27, 1995
19
In response to Mr. Kranstuber, Ms. Clarke noted that the proposal makes sense from a land use
perspective.
Mr. Zawaly asked if staff had concerns about the traffic generated from a school at this location.
Ms. Clarke responded that Planning Commission had discussion regarding buses, but there was no
overall concern about increased traffic.
Mrs. Stillwell asked if consideration was given to reversing the parking lot and church to increase
curb appeal.
Ms. Clarke responded that they have met with neighbors from Lowell Trace who indicate that they
prefer that they build at the back side. During off-hours, the parking lot would also be made
available for public park use for Red Trabue.
Bob Apel. Meacham and Adel representing applicant Northwest Presbyterian Church addressed
Council. He noted that the church wanted to be up-front with the community about their future
plans for the site. The church and school development will take about 20 years to complete and will
be built in phases. He noted that the neighbors indicate they are pleased with the building
appearances which have been presented to them. He then described the boards presented before
Council. The City Engineer has stated that a traffic study will need to be completed. In the future
when school buses are used, Post Road will be widened and a turn lane will be added.
He noted that the 2.8 acres on the corner is left in reserve. Mr. Mast's house will remain until such
time as he sells and offices are developed there. They plan to add a wet pond in the park and will
work with staff on location and size.
Mr. Kranstuber noted that he appreciates the fact that the applicant has worked closely with the
neighbors to be responsive to their needs. He also appreciates that they have designed the whole
building to avoid miscommunication in the future about what the whole building will look like.
Mrs. Boring asked about the size of the buildings.
Mr. Apel responded that the first phase is about 20,000 square feet, and the development will
eventually total about 80,000 square feet.
Mayor Campbell asked if this congregation currently meets in Dublin.
Mr. Apel responded that they currently meet in the schools. He confirmed that there are two
separate Presbyterian congregations within a mile.
Mayor Campbell noted that an office building on this site would generate tax revenues, while a
church is tax exempt. This is a high profile location and Council should be cognizant of this factor ~
to be considered.
Mayor Campbell added that he would prefer that the parking lot be internalized on the site so that
everyone driving by does not have to look at a massive parking lot.
Mr. Apel responded that tonight's vote is not binding on Council, and many of the issues brought
up this evening have been addressed with the preliminary plat. II
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Mr. Strip asked about assurances for the office space development. i'
Mr. Banchefsky responded that the development will be brought to Council as a preliminary plat as ~I
part of the actual rezoning, and at that point the uses will be locked in.
Mr. Strip commented that he is not convinced that this is the best use for this land. He would like
to see more office space and a better mixture.
Mr. Apel offered that the elementary school on the site will give back to the community by not
adding to the public school population.
Mr. Kranstuber commented that many Dublin residents would like to have more private school
choices available to them in Dublin. He added that the proposal appeals to him because it will be
attractive and the neighboring residents will be pleased with a church neighbor versus an office
development or other intensive uses.
Mrs. Boring noted that she believes this is a wonderful step-down zoning between the residents and
the beautiful park. She believes the Christian school will be a good addition to Dublin. She is
certain that the curb appeal issues can be worked out.
Mr. Apel stated that the school will be included in the first phase of development.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 15 Meetin
N LE AL BLANK 00. FORM NO. 1014
' Held February 27, 1995 19
Vote on the revised concept plan - Mr. Strip, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr.
Zawaly, no; Mr. Kranstuber, yes; Mayor Campbell, yes.
Mayor Campbell emphasized that the vote in favor was affirmative, but it is non-binding.
Sidewalk Waiver - Muirfield Phase 44 (Lochmuir)
Mr. Kindra stated that a memo has been provided in the packet regarding the waiver. This will be
consistent with several other subdivisions and will provide a continuous system.
Mr. Zawaly asked if this would be the first sidewalk installed in Muirfield if the requirement is not
waived.
Mr. Kindra responded yes.
Ms. Clarke responded that this would be the second, because there is a public bike path north of the
elementary school on the frontage of Muirfield, separated from Muirfield's private path by a fence.
This is on the land that came through as Muirfield Phase 43.
Brief discussion followed.
Mayor Campbell stated that the staff is in favor of granting awaiver -the issue is what to do about
Avery and Brand Road.
In response to Mr. Kranstuber's question, Mr. Zawaly responded that the Muirfield Board did not
take a position on this waiver; since they did not, he will be voting on the matter tonight. He noted
that the Muirfield residents are not in favor of having sidewalks, neither on the interior nor the
exterior.
Mayor Campbell stated that the sidewalk should be waived on Brand and Avery since it looks to be
part of Muirfield.
Mayor Campbell then moved to waive the sidewalk requirement both internally and externally for
this phase.
Mr. Kranstuber seconded the motion.
.
Vote on the motion - Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Boring, yes;
Mr. Zawaly, yes; Mayor Campbell, yes.
Mayor Campbell summarized that the sidewalk waiver is granted then, not only internally in Phase
44, but also on the streets of Brand and Avery Road.
Appointment of Acting Clerk
Mayor Campbell noted that this appointment is needed since the clerk will be on vacation and an
acting clerk is necessary for purposes of legal service.
Mr. Hansley suggested to Council that they appoint Myra Caplinger as Acting Clerk to staff the ~
March 6 Council meeting, and that Marsha Grigsby be appointed as Acting Clerk while Anne is out
of the City for purposes of legal service.
Mr. Strip so moved.
Mrs. Stillwell seconded the motion.
Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs.
Stillwell, yes; Mayor Campbell, yes. II
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Committee Reports
Mr. Kranstuber, Goal Setting Committee gave a brief report summarizing the discussion at their
recent meeting:
1. They discussed using a consent agenda -matters that could be determined to be non-
- controversial. Any Council member could remove a matter from the consent agenda by
request - a motion would not be necessary. Staff will research whether this is legal under
the City Charter.
Mr. Banchefsky noted that there is nothing in the Charter which would prohibit Council from having
a consent agenda. There are some logistical problems in terms of citizen input, but Council would
be sensitive to this.
2. Staff is in the process of getting estimates regarding the board for the Council Chambers as
previously discussed.
Mrs. Stillwell added that this would be a big board with places to list the cycles and the priority
issues in terms of some time frames. Staff is also looking at acomputer-generated board.
Mr. Hansley noted that staff is exploring the alternatives and will provide these within a couple of
weeks.
3. Another idea discussed is the staff "to do" list wherein with each Council agenda there will
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 16 Meeting
DAYT N L AL K
Held February 27, 1995 19
be an attachment with this list. The list would include requests by Council members at
meetings giving direction to staff with at least three other members concurring. The clerk
would maintain this list, and it would include a timeframe and staff member responsible for
completion. The list would be published every other week and will help Council to keep
track of requests made to staff.
Mr. Hansley commented that staff sometimes is unclear about direction because they are unable to
obtain clear consensus of four members about some directive given. He will look to Council for a
motion or official clarification of requests, especially those involving substantial dollars or staff time.
Mr. Kranstuber stated that he would envision that requests can be made by motion, which he does
not believe is necessary, or he could make a request and ask if anyone on Council has an objection
to the item being put on the list. Mr. Hansley could also verbally verify that there are four Council
members who agree with the request made to staff.
Mrs. Stillwell agreed that this is the way she also envisions this process would operate.
Discussion followed.
Mr. Zawaly noted that all assignments should be made to the City Manager who should respond to
Anne Clarke as to who is responsible and the timeline commitment. Council should only define the
assignment and the desired product with a suggested deadline. He is concerned with avoiding
"micro-management" .
Mrs. Stillwell commented that this is merely a way of tracking assignments.
Mr. Kranstuber added that this will assist the City Manager in determining whether four Council
members support staff spending time on an issue.
Mr. Hansley stated that the process has worked informally to this point, but he will try to be more
clear about accepting an assignment so that false expectations are not created.
Mr. Zawaly noted that, ultimately, these matters will be referred to the Administrative Committee.
He added that under the new description names proposed in the memo from the Committee, he
would suggest instead of "Policy Development Forum" just "Policy Forum", "Council Action
Priorities" instead of "Council Priorities", and "Council's Management Priorities" instead of "Major
Projects in Progress". He will provide a memo on this to Council members.
Mr. Kranstuber added that the Committee would appreciate any additional suggestions.
Mrs. Stillwell, Land Use. Planning and Economic Development Committee stated that they met II
recently and she reported as follows:
1. Regarding the need for Council to review final plats, it was determined that this is the stage
of review where the public improvements are actually accepted and thus it requires Council
action. This would be a good item for a consent agenda.
2. Mary Bearden briefed the Committee on the status of the retention and expansion program ~
discussed at the last Council meeting. The program will kick off in the spring, and a task
force has been established. Volunteers are being trained, and calls on businesses will begin
in June. i
3. Regarding the current interim annexation policy, discussion took place about some potential
annexations from Union County which are in the early development stage. She asked Mr.
Foegler to comment.
Mr. Foegler stated that when Council adopted the interim annexation policy in the areas north of
Post and west of the existing county line, the policy suggested that the only residential annexations
that would be considered favorably were those where single parcels are located both in the City of
Dublin and in unincorporated Union County. There are a couple coming up where the vast majority
of land is in Union County and a small amount in Dublin. The question raised by the Committee
is whether these would be consistent with the adopted policy. The Committee has asked staff to
draft some language that makes it clearer that the intent was for those properties that encroached.
If Council has some different sense or does not have that concern, he would like to know at this
time.
Mr. Strip commented that he would like time to think about this issue.
Mr. Kranstuber suggested that Council could look at each case individually.
Mr. Hansley commented that there is one particular annexation in preliminary discussion where the
vast majority of land is in Union County and extends all the way to Highland-Croy Road which
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 17 Meeting
DAYTON LEGAL BLANK CO. FORM N 1 1
' Helcd February 27, 1995 19
appears to be fully consistent with Council's policy. If in fact Council wants to review these case
by case, Council may want to include a caution in the policy.
Mr. Strip stated that an example would be a 150-acre campus development for a large corporation.
Mrs. Stillwell noted that this type of development is already exempted within the policy.
Mr. Foegler added that the present policy includes a caution only for residential development.
The meeting was adjourned at 11:10 p.m.
Mayor, residing fficer
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Clerk of Council
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